Chair Swope opened the public hearing 8:50 p.m.
Gil Alexander, Oro Valley resident, spoke in regard to public noticing and alternate parking ratio.
Bill Adler, Oro Valley resident, spoke in regard to grading exceptions and recommended that the Board of Adjustment address grading exceptions, rather than the Conceptual Design Review Board.
Chair Swope closed the public hearing at 8:56 p.m.
Chapter 22 & 27 Design Review Amendments
Attachment 1
OV 712-001
Revision Date: April 20, 2012
Note: Additions shown in ALL CAPS text
Deletions shown in strikethrough text
Section 22.9 Design Review
Design review entails a two (2) step process, Conceptual Design and Final Design. The Conceptual Design submittal consists of conceptual site plan; conceptual public art plan; and conceptual architectural design plan; conceptual landscape plan; native plant preservation, salvage and mitigation plans;. Final design submittals include construction drawings (including final site plan based on the approved conceptual site plan; building plans; improvement plans; final public art plans; final architectural design submittal; native plant preservation, salvage and mitigation plans; and landscape, irrigation, water harvesting, and buffer yard plans and/or final plat). Final design submittals are subject to Town staff approval.
A. Applicability Authorities
1. Design Review Applicability Authorities
a. The Conceptual Design Review Board (CDRB) shall review all applications prescribed in Section 21.5.B. The CDRB shall have the authorities granted within this section, and additional authorities as may be expressly granted in other Sections of the Zoning Code.
b. The Conceptual Design Review Board shall make recommendations to the Town Council regarding conceptual design submittals for all residential or non-residential development, conceptual non-residential architectural design, conceptual public art design, master sign programs, pad sign exemptions, and Tier II minor communications facilities entailing additional pole height and major communications facilities.
c. The Conceptual Design Review Board is authorized to approve, conditionally approve or disapprove Tier II minor communications facilities, major communications facilities (in addition to the required Conditional Use Permit), conceptual model home architecture, and sign criteria. CDRB decisions are subject to Town Council appeal in accordance with Section 21.5.B. The CDRB shall base its decision on the Design Principles in subsection D of this section and the Design Standards within Addendum A of the Zoning Code.
d. Prohibition against Circumvention of Chapter
i. No person, firm, corporation or other legal entity shall sell or lease, or offer for sale or lease, any lot or parcel of land which is within a subdivision, as defined in Chapter 31, without first having recorded a plat thereof in accordance with the provisions of this Code.
ii. No building permit shall be issued for construction on any lot or parcel of land that is not a part of a recorded subdivision plat or an approved minor land division until final design has been approved in accordance with subsection E of this section.
e. Table of Authorities: The following table establishes the review, recommendation and approval authorities of staff, CDRB and Town Council.
TABLE 22-9 Table of Authorities
| Submittal Type | Staff Authority | Conceptual Design Review Board Authority | Town Council Authority |
| Conceptual Site Plan | Review | Recommendation | Final Decision |
| Conceptual Architecture – Commercial | Review | Recommendation | Final Decision |
| Conceptual Public Art | Review | Recommendation | Final Decision |
| Conceptual Architecture - Model Homes | Review | Final Decision | Appeal |
| Signs - Master Sign Program | Review | Recommendation | Final Decision |
| Signs - Sign Criteria | Review | Final Decision | Appeal |
| Signs - PAD Exemptions | Review | Recommendation | Final Decision |
| Communication Facility - Major | Review | Recommendation | Final Decision |
| Communication Facility - Tier II (No Additional Pole Height) | Review | Final Decision | Appeal |
| Communication Facility - Tier II (Additional Pole Height) | Review | Recommendation | Final Decision |
| Grading Exception | Review | Recommendation | Final Decision |
B. Preapplication Conference/Development Review Committee
1. Development Review Committee (DRC)
a. The Development Committee DRC shall include the Planning and Zoning Administrator and/or the Town Engineer or designee’s and, at the discretion of the Town Council, additional members appointed by the Town Council Development and Infrastructure Services Director to serve on a regular or temporary basis.
b. The Development Committee DRC shall meet with the subdivider or developer during the pre-application conference and, as necessary, to carry out the provisions of this section. In this section, subdivider also means developer, if the sense so requires.
2. Stage I – Pre-application Conference; Purpose
a. The pre-application conference stage of subdivision or development planning comprises an investigatory period that precedes actual preparation of preliminary plans by the subdivider developer. During this stage, the subdivider makes known his intentions to the Development Committee DRC and is advised of specific public objectives related to the subject tract and other details regarding platting procedures and requirements. The pre-application conference is recommended to all applications. Applicants shall notify staff in writing five (5) days prior to a project submittal deadline, if the preapplication conference is declined.
b. During this stage, it may be determined that a change in zoning would be required for the subject tract or a part thereof and, in such case, the subdivider developer shall initiate the necessary rezoning application.
c. In carrying out the purpose of the pre-application stage, the subdivider developer and the Development Committee DRC shall be responsible for the actions described in the following sections.
3. Actions by Subdivider or Developer
The subdivider/developer may meet informally with the Development Committee DRC. An application shall be submitted ten (10) working days prior to the pre-application conference. an application shall be submitted.
4. Actions by Development Review Committee (DRC)
The Development Committee DRC shall discuss the proposal with the subdivider developer and advise him/her of procedural steps, design and improvement standards and general plat requirements. Depending upon the scope of the proposed development, the Development Committee DRC shall proceed with the following investigations reviews:
a. Check existing zoning of the tract property and make recommendations if a zoning change is necessary or desirable.
b. Determine if the land is covered by the Hillside Development regulations, Section 27.10 and Addendum I of the Zoning Code, or is controlled by the Floodplain Management Code (Ordinance No. 44).
c. Inspect the site after the subdivider developer has determined its relationship to major streets, utility systems and adjacent land uses and determine any unusual problems such as topography, utilities, flooding and geological hazards.
d. (Repealed by (O)11-15, 5/18/11)
e. Determine if certain lands may either not be subdivided due to adverse topography, periodic inundation, adverse soils, subsidence of the earth’s surface, high water table, lack of water or other natural or manmade hazards to life or property; or control the lot size, establish special grading and drainage requirements; and impose other regulations deemed reasonable and necessary for the public health, safety or general welfare on any lands to be subdivided affected by such characteristics.
f. Determine compliance with applicable Codes, policies and standards for development.
5. (Repealed by (O)11-15, 5/18/11)
C. Administrative Review of Minor Land Divisions
1. Purpose and Intent
The purpose of this section is to establish a review process for land divisions, other than subdivisions, by which owners and prospective purchasers can be advised whether a proposed division of land complies with the Town regulations. This review is intended to:
a. Protect and promote the public health, safety, convenience, and welfare.
b. Assure that newly created lots are of sufficient size to meet the requirements of the applicable zoning classification.
c. Assure that all lots resulting from a minor land division will have adequate public street access.
d. Assure adequate easements are available for utility services.
e. Assure adequate access is available for emergency vehicles.
2. Application Submittal and Certification
Prior to recording any minor land division, a property owner shall submit an application for minor land division to the Planning and Zoning Administrator (PZA). This application also constitutes the application for review by the Development Committee per subsection B of this section. This application shall be checked for completeness and, if incomplete, the submittal shall be rejected and the applicant notified within ten (10) working days of the date the application was received.
3. Review
Determinations to accept or reject the minor land division are made on the following:
a. Whether the proposed minor land division constitutes a subdivision as defined in Chapter 31.
b. If the proposed land division does not constitute a subdivision, whether:
i. The lots resulting from the proposed minor land division conform to the minimum lot size requirements for the zoning classification of the property.
ii. Adequate access is available to public street(s) from the proposed lot(s).
iii. The location of any existing building on any lot resulting from the proposed land division complies with building setbacks for the applicable zone.
iv. Provision of, and access to, public utilities can be accommodated.
v. Access for emergency vehicles can be accommodated.
4. Decision and Findings
a. The applicant shall be notified in writing of the review decision and findings within twenty (20) working days after the minor land division application is filed.
i. If it is determined that the proposed minor land division complies with minimum requirements of this section, a letter of approval shall be issued to the applicant together with an approved copy of the minor land division.
ii. If it is determined that the proposed minor land division does not comply with minimum requirements of this section, a letter of denial shall be issued to the applicant.
b. Compliance with Town ordinances and regulations not reviewed as part of the minor land division review process will be determined at the time of application for building permits when more detailed information is provided on the proposed development of each lot.
5. Appeal
The applicant may appeal the Planning and Zoning Administrator’s decision to the Board of Adjustment pursuant to Section 22.12.
6. Compliance
No building permit or zoning compliance certificate shall be issued for development on any parcel that does not comply with the minor land division regulations of this section.
C. Conceptual and Final Design Stages
1. The preparation, submittal, review and approval of all developments and subdivisions located inside the limits of the Town shall proceed through the following progressive stages:
a. Pre-application conference and drc (subsection B of this section)
b. Public outreach/neighborhood meetings (see Section 22.15)
c. Stage I: Conceptual Design review (subsection D of this section). Conceptual Design review shall include conceptual site plan, conceptual architectural design, and conceptual public art, conceptual landscape plan, native plant preservation and salvage plans (Section 27.6).
d. Stage II: Final Design (subsection E of this section) shall include construction documents, including final site plan, final architectural design, and final public art based on approved conceptual design submittal; building plans; improvement plans; landscape, irrigation and buffer yard plans; and final plat (subsection F of this section if required).
E. Exceptions: All minor land divisions require Stage I followed by administrative review and acceptance per subsection C of this section.
D. Conceptual Design Review
1. Conceptual Design Review Applicability
a. Conceptual Design approval is required for all new residential and non-residential projects in the Town, except for individual detached single-family custom homes or as otherwise specified in this Code. The Conceptual Design review stage of land development includes submittal, review, and approval of the conceptual site plan, conceptual public art plan and conceptual architectural design plan. residential subdivisions do not require conceptual public art.
b. Amendments or expansions to Attached and detached single-family developments which involve a new street or additional lots shall
MOTION carried, 5-0.
David Williams, Planning Manager, gave updates on the following:
- Upcoming Town Council agenda items
- Upcoming neighborhood meetings
- Community Academy
- General Plan update project
Future Agenda Items:
- Public Participation Plan for the General Plan update
- AT&T cell tower enlargement on 55 E. Tangerine Road
FUTURE AGENDA ITEMS
MOTION: A motion was made by Commissioner
Buette
to adjourn the meeting at 9:11 p.m.