Vice Chair Cox called the meeting to order at 6:00 p.m.
Don Cox, Vice Chair
John Buette, Commissioner
Mark Napier, Commissioner
Robin Large, Commissioner
EXCUSED: Robert Swope, Chair
Alan Caine, Commissioner
Robert La Master, Commissioner
Vice Chair Cox led the audience in the Pledge of Allegiance.
Opened and closed without comment.
Council Member Liaison Hornat had no comments at this time.
MOTION: A motion was made by Commissioner Large and seconded by Commissioner Buette to Approve the April 5, 2011, April 19, 2011 and May 3, 2011 Planning and Zoning Commission meeting minutes.
MOTION carried, 4-0.
Chad Daines, OV Principal Planner, presented the following:
- Purpose & Overview
- Background
- Technical Advisory Committee Members and Affiliation
- Technical Advisory Committee
- Use of Design Standards
- Design Review Process
- Structure of Design Standards
- Design Components - Examples
- Design Standards - Review Process
- Document Organization
- Chapter 1 Administration
- Chapter 2 Non-Residential
- Chapter 3 Single-family Residential
- Chapter 4 Multi-family Residential
- Design Components Building Mass/Facade Articulation
- Building Mass/Facade Articulation Examples
- Design Components Roof Plane Variation
- Roof Plane Variation Examples
- Design Components Colors and Materials
- Colors and Materials Examples
- Design Components Fenestration (Windows and Doors)
- Fenestration (Windows and Doors) Examples
- Design Components Entrance Features
- Entrance Features Examples
- Design Components Public Art and Artistic Elements
- Public Art and Artistic Elements Examples
- Summary
Vice Chair Cox opened the Public Hearing.
Bill Adler, Oro Valley resident, stated his objections to the proposed Design Standards.
Vice Chair Cox closed the Public Hearing.
Discussion ensued amongst the Commission and staff regarding the New Design Standards.
Mr. Daines stated three changes to the Design Standards:
- Page 4-9, Section A, 2, E. - delete the "Buildings designed to conform to the natural landscape rather than dominating the land".
- Page 2-9, Section K, 4, B - Should read "As appropriate, utilize multiple walls (terracing) with 4 feet wide minimum planting areas between terraces to provide a grading transition".
- Page 3-3, Section D, 5, - Should read "Local streets shall not exceed 600 linear feet without a curve or break in circulation, such as a traffic circle, unless approved by the Town Engineer".
MOTION: A motion was made by Commissioner Large and seconded by Commissioner Buette to approve OV711-06, request for approval of Zoning Code amendments relating to the adoption of the Design Standards as specified in Attachment 1 and to include the three revisions indicated by Mr. Daines.
MOTION carried, 4-0.
3. Public Hearing: Amendment to Zoning Code relating to submittal of applications for Major General Plan Amendments, Section 22.2.D, General Plan amendment procedures, (OV711-004). For questions and additional information, please contact Chad Daines, Principal Planner, at (520) 229-4896 or cdaines@orovalleyaz.gov.
David Williams, OV Planning Division Manager, presented the following:
- Request
- Current Code
- Proposed Amendment
- Major General Plan Amendment Schedule
- Immediate Review Provision
- Special Provision for 2011 Major General Plan Amendment
- Conclusion
Joe Andrews, Oro Valley Chief Civil Deputy Attorney, added that one of the State requirements for major General Plan amendments is that they need to be filed and reviewed at the same time in the same year.
Vice Chair Cox opened the Public Hearing.
Bill Adler, Oro Valley resident, stated the window for filing has nothing to do with how much time is required for processing the application. Applying the five required criteria in order to adopt the general plan amendment is where the time is spent and the applicant’s major cost. Mr. Adler suggested capping the number of applications the Town is going to accept during a current year. The window is irrelevant, it is trying to expedite the time of the review process.
Vice Chair Cox closed the Public Hearing.
Commissioner Buette requested Mr. William’s opinion on capping the number of applications.
Mr. Williams responded he would be concerned with arbitrarily capping the number of applications and then receive an application that makes sense and have them wait a year because of the cap.
Commissioner Buette suggested increasing filing fees.
Mr. Williams responded that the Town can only charge as much as it costs to provide that service.
Discussion continued amongst the Commission and staff regarding the window for filing for a major general plan amendment, since it is currently very narrow and restrictive.
MOTION: A motion was made by Commissioner Buette to recommend approval of OV711-04 Zoning Code amendment expanding time frames with Major General Plan Amendments as specified in Attachment 1.
MOTION: A motion was made by Commissioner Napier and seconded by Commissioner Large to recommend approval of OV711-04 Zoning Code amendment expanding the time frames with Major General Plan Amendments as specified in Attachment A, with the provision that the application window would end April 30th.
MOTION carried, 3-1 with Commissioner Buette opposed.
4. Public Hearing: Amendment to Zoning Code relating to the outdoor display of merchandise for commercial businesses, Sections 25.1, Requirements for Specific Uses, and Chapter 31 Definitions, (OV711-005). For questions and additional information, please contact Chad Daines, Principal Planner, at (520) 229-4896 or cdaines@orovalleyaz.gov.
David Williams presented the following:
- Request
- Background
- Storefront
- Outdoor Displays
- Storefront
- Outdoor Displays
- Zoning Code Amendment
- Outdoor Display - Section 25.1 Key Provisions
- Outdoor Display Areas
- Summary
Vice Chair Cox opened the Public Hearing.
Bill Adler, OV resident, commented that the Zoning code is a reflection of the Community’s standards and not a reflection of industry standards. We do not change the code in order to accommodate business interests, it is the broader community we are reflective of. Mr. Adler said he did not think this was enforceable.
Commissioner Napier asked if there were any methods currently in place to enforce this. Mr. Williams said the Town has been enforcing, but our enforcement process is complaint driven and our policy is to work with the businesses in removing or relocating displays to improve the safety aspect.
Vice Chair Cox suggested the wording "may be visible in private or public streets or adjacent residential areas" in regards to items stored, be stricken. Mr. Williams said he would not support the change due to the aesthetic impact to the community.
Vice Chair Cox was concerned about the statement of outdoor storage containers not being permitted in regards to the storage of propane containers. Mr. Williams said outdoor storage containers applied to modular storage units and staff can clarify the text of the amendment.
Vice Chair Cox said in regards to the outdoor display areas, it states that unobstructed walkways should be maintained in any outdoor display and asked about the items stored up against the wall? Technically the way this is written we do not have 4 feet from the wall to the display area. Mr. Williams said the intent is to allow the display to be up against the wall and that staff can clarify this.
Vice Chair Cox asked about the logic in the wording, "for facades greater that 50 feet in width the outdoor display should not occupy more than 50% of the designated facade length". Mr. Williams said they concluded it to be an aesthetic concern and a clutter reducing concern and is not a part of the safety component.
Commissioner Buette requested clarification of the use of the term "principal building". Mr. Williams responded that the intended to read as the main building where the transactions take place and no accessory or ancillary buildings.
MOTION: A motion was made by Vice Chair Cox to recommend approval of OV711-005 Zoning code amendment relating to the outdoor display areas as specified in Attachment 1 with the elimination of paragraph A.5.f.
MOTION: A motion was made by Commissioner Napier to deny OV711-005 Zoning Code Amendments relating to the outdoor displays as specified in Attachment 1.
MOTION: A motion was made by Commissioner Large and seconded by Commissioner Napier to recommend approval of OV711-005 Zoning Code Amendments relating to outdoor displays as specified in Attachment 1 and striking the language in Section 25.1, that indicates "for facades greater than 50 feet in width the outdoor display shall not occupy more that 50% of the designated facade length".
Commissioner Napier withdrew his second to the motion. The motion died for lack of second.
MOTION: A motion was made by Commissioner Napier and seconded by Commissioner Large to recommend approval of OV711-005 Zoning Code Amendments relating to outdoor displays as specified in Attachment 1 and the only strike being under 25.1, A.4.a, next to the last sentence where it says "may not be visible" to change to "should not be visible".
MOTION failed, 2-2 with Vice Chair Cox and Commissioner Buette opposed.MOTION: A motion was made by Commissioner Buette and seconded by Commissioner Napier to continue OV710-005 to the July 5, 2011 meeting. A friendly amendment was added to continue to the August 2, 2011, meeting.
MOTION carried, 4-0.
Mr. Williams announced the following updates:
- St. Mark Church rezoning
- Two art experts added to the Conceptual Design Review Board (CDRB)
- Training for the CDRB
- Casa De La Luz hospice
- Three applications received for Medical Marijuana Dispensaries
- Development Review Board will meet for the last time next week
- Neighborhood meeting for LA Fitness
6. Future Agenda Items
- Conditional Use Permit for a cell tower at Red Creek Dr.
ADJOURNMENT
MOTION: A motion was made by Commissioner Napier and seconded by Commissioner Buette to adjourn the Planning & Zoning Commission meeting at 7:48 p.m.
MOTION carried, 4-0.