MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION
November 1, 2016
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
 
PLANNING COMMISSION 11-01-2016 MATERIAL PACKET

REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER

Chairman Leedy called the November 1, 2016, Planning and Zoning Commission meeting to order at 6:00 PM.

ROLL CALL

PRESENT:
Bill Leedy, Chair
Charlie Hurt, Vice Chair
Bob Swope, Commissioner
Melanie Barrett, Commissioner
Tom Gribb, Commissioner
Greg Hitt, Commissioner

ABSENT: Tom Drzazgowski, Commissioner

ALSO PRESENT:

Joe Andrews, Chief Civil Deputy Attorney
Council Member, Joe Hornat
Vice Mayor, Lou Waters

PLEDGE OF ALLEGIANCE

Chair Leedy led the audience and the Commission in the Pledge of Allegiance.

CALL TO AUDIENCE - at this time, any member of the public is allowed to address the commission on any issue not listed on today’s agenda.  Pursuant to the Arizona open meeting law, individual commission members may ask town staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers.  However, the commission may not discuss or take legal action on matters raised during "call to audience."  In order to speak during "call to audience" please specify what you wish to discuss when completing the blue speaker card.

No speaker request.

COUNCIL LIAISON COMMENTS

Council member Hornat had no comments.

REGULAR SESSION AGENDA

1.

REVIEW AND/OR APPROVAL OF THE SEPTEMBER 6, 2016 REGULAR SESSION MEETING MINUTES.


SEPTEMBER 6, 2016 DRAFT MINUTES

MOTION: A motion was made by Vice Chair Hurt and seconded by Commissioner Swope approve the September 6, 2016 Regular Session Meeting Minutes

MOTION carried, 6-0.
 
2.

DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FOR THE PLANNING AND ZONING COMMISSION TO INITIATE A ZONING CODE AMENDMENT RELATIVE TO GENERAL PLAN AMENDMENTS IN ACCORDANCE WITH THE YOUR VOICE, OUR FUTURE GENERAL PLAN


INITIATE ZONING CODE AMENDMENT GENERAL PLAN AMENDMENT STAFF REPORT

ATTACHMENT 1 - ORO VALLEY ZONING CODE SESTION 22.2.pdf

ATTACHMENT 2 - YOUR VOICE OUR FUTURE GENERAL PLAN SECTION 7.4.1 and SECTION 7.4.2.pdf

Bayer Vella, Planning Manager, requested the Commission initiate a zoning code amendment relative to General Plan Amendments in accordance with the Your Voice, Our Future Plan.

MOTION: A motion was made by Commissioner Barrett and seconded by Commissioner Gribb initiate a Zoning Code Amendment to Section 22.2 (General Plan Amendment Procedures) and minor changes to align with the Your Voice, Our Future General Plan, pending voter ratification of the Your Voice, Our Future General Plan.

MOTION carried, 6-0.
 
3.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON ZONING CODE AMENDMENTS TO SECTION 22.5., CONDITIONAL USE PERMITS, SECTION 23.3., TABLE OF PERMITTED USES, SECTION 25.1., USE REGULATIONS AND OTHER RELEVANT SECTIONS OF THE ZONING CODE, OV714-007 AND OV1601159


CONDITIONAL USE PERMIT and TABLE OF PERMITTED USES ZONING CODE AMENDMENT STAFF REPORT

ATTACHMENT 1 - CONDITIONAL USE PERMIT CODE AMENDMENT

ATTACHMENT 2 - TABLE OF PERMITTED USES CODE AMENDMENT

ATTACHMENT 3 - PLANNING COMMISSION, FEBUARY 2, 2016 STAFF REPORT

ATTACHMENT 4 - PLANNING COMMISSION, JULY 14, 2016 STAFF REPORT

Michael Spaeth, Senior Planner, provided a presentation on the following:

- Conditional Use Permit Review Criteria
- Table of Proposed Permitted Uses
- Items of Concern at the July 14, 2016 Planning Commission Meeting

Key topics raised by the Commission: 

- Approving each section of code vs. approving all changes
- Distance of food trucks from existing restaurant establishments
- Are food trucks only temporary
- Is there precedence for limiting a food truck to 4 hours
- Clarification on where a food truck is permitted, on a vacant lot
- Has staff reached out to food truck vendors
- Do the food truck vendors need to be invited by clientele
- The word "vehicle" may be broad or vague, in reference to vehicle rental establishments.  Is there a necessity to be more specific about the type of vehicle may rented?

Chairman Leedy opened the public hearing.

Don Bristow, Oro Valley resident, commented on the following:

- Definition of grocery store, pharmacy/drugs was left out
- Staff Report, page 4, item 3 Vehicle rental establishments - The Town Code does not offer a definition of a vehicle
- The category Vehicle Rental Establishment must be more specifically defined
- Attachment 1 - Section 22.5 Use Permits - the text reasonably compatible is to vague and reasonable should be deleted

Chairman Leedy closed the public hearing.

Michael Spaeth, Senior Planner, clarified the definition grocery store.  The word vehicle was defined in the definition section which was copied for the Arizona Department of Motor Vehicles, as well as a definition of moving services was provided.  Compatible is relative, it doesn't matter if it's reasonably compatible or compatible, it's all relative to whom you're asking.

Michael Spaeth, Senior Planner, responded that you're never going to be able to identify every single thing in the book that might come up as a potential use.  The definition of vehicle provides that flexibility.

Discussion ensued amongst the Commission as to whether the definition of vehicle be expanded and if so at what risk.

Joe Andrews, Chief Civil Deputy Attorney, responded that the definition cannot be expanded upon anymore that staff has.  The definition can be narrowed down but not anymore more broad.

Continued key topics raised by the Commission, include the following:

- What is the R4R Zoning District
- Would large quantities of moving vehicles be restricted under the moving vehicle section
- Adding a provision as to the size of the vehicles
- A need to clarifying what type of vehicles should be permitted uses

MOTION: A motion was made by Vice Chair Hurt and seconded by Commissioner Hitt recommend approval of the Zoning Code Amendment in Attachment 1, related to the Conditional Use Permit review criteria, based on the finding that the proposed code amendment will add specificity and clarity to the review of Conditional Use Permits.

MOTION carried, 6-0.
 
MOTION: A motion was made by Vice Chair Hurt and seconded by Commissioner Hitt recommend approval of the Zoning Code Amendment in Attachment 2, related to the Table of Permitted Uses, based on the finding that the proposed code amendment will update use types to better reflect today's development environment, reduce ambiguity, consolidate use categories and add specificity to new and existing use categories. 

MOTION carried, 6-0.
 
*4.  DISCUSSION AND POSSIBLE ACTION TO INITIATE A ZONING CODE AMENDMENT RELATED TO THE POTENTIAL PASSAGE OF PROPOSITION 205 REGARDING RECREATIONAL MARIJUANA SALES

Commissioner Barrett questioned that in the event proposition 205 passes an zoning code amendment will be initiated. 

Chair Leedy clarified that the initiation is to initiate staff's work to develop what might be appropriate in the event proposition 205 passes.

MOTION: A motion was made by Commissioner Hitt and seconded by Commissioner Swope recommend approval to initiate a Zoning Code Amendment related to the potential passage of proposition 205 regarding recreational marijuana sales.

MOTION carried, 6-0.
 
PLANNING UPDATE (INFORMATIONAL ONLY)

Bayer Vella, Planning Manager, presented the following Planning Update: 

- Planning and Zoning Commission, November 15th Study Session
- Town Council, November 16th Meeting
- Town Council, December 7th Meeting

ADJOURNMENT

MOTION: A motion was made by Commissioner Swope and seconded by Commissioner Barrett adjourn the Planning and Zoning Commission meeting at 6:53 PM.

MOTION carried, 6-0.