MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
SPECIAL SESSION
November 5, 2012
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
 
CALL TO ORDER AT OR AFTER 6:00 P.M.

Chair Swope called the meeting to order at 6:00 p.m.

ROLL CALL

PRESENT:
Chair Robert Swope
Vice Chair Don Cox
Commissioner Buette
Commissioner D. Alan Caine
Commissioner Thomas Drzazgowski
Commissioner Bill Leedy
Commissioner William Rodman

ALSO PRESENT:

Council Member Joe Hornat
Council Member Lou Waters
Council Member Brendan Burns

PLEDGE OF ALLEGIANCE

Chair Swope led the audience in the Pledge of Allegiance

CALL TO AUDIENCE - Two comments were received:

Shirl Lamonna, resident, said the audio on the Town website from the last Planning and Zoning Commissioner meeting at Basis School was hard to hear due to public speakers at the podium not speaking directly into the microphone, and she asked that speakers position themselves closer to the microphone for future meetings.

Gabe Wigtil, non resident, reminded the audience about the Wild Connection Community Wildlife event at Catalina State Park on November 10-11, 2012.   

COUNCIL LIAISON COMMENTS

Council Member Joe Hornat was present and had no comments.  Council Members Lou Waters, Mary Snider and Brendan Burns were also present.

1.

REVIEW AND/OR APPROVAL OF THE SEPTEMBER 18, 2012 SPECIAL SESSION AND OCTOBER 2, 2012 REGULAR MEETING MINUTES


September 18, 2012 Draft Minutes

October 2, 2012 Draft Minutes

MOTION: A motion was made by Vice Chair Don Cox Cox and seconded by Commissioner D. Alan Caine Caine approve the September 18, 2012 Special Session meeting minutes and the October 2, 2012 Regular Session meeting minutes.

Commissioner Rodman amended the September 18, 2012 Special Session meeting minutes in regard to Item 1 on the Agenda about not approving the sign ordinance fines.

MOTION carried, 7-0.
 
2.

PUBLIC HEARING:  DESERT SPRINGS MAJOR GENERAL PLAN AMENDMENT CHANGING THE LAND USE MAP FOR A 110 ACRE PROPERTY LOCATED ON THE EAST SIDE OF ORACLE ROAD AT THE TANGERINE INTERSECTION FROM LOW DENSITY RESIDENTIAL,NEIGHBORHOOD COMMERCIAL / OFFICE, RESORT / GOLF COURSE TO MEDIUM DENSITY RESIDENTIAL, LOW DENSITY RESIDENTIAL, OPEN SPACE AND NEIGHBORHOOD COMMERCIAL / OFFICE AND MODIFY THE SIGNIFICANT RESOURCE AREA BOUNDARY, AMEND THE SPECIAL PLANNING AREA POLICIES AND EXPAND THE URBAN SERVICES BOUNDARY TO INCLUDE THE ENTIRE PROPERTY (OV1112-002)


Staff Report

Attachment 1

Attachment 2

Attachment 3

Attachment 4

Attachment 5

Attachment 6

Attachment 7

Attachment 8

Attachment 9

Chad Daines, Principal Planner, presented:

Applicant's Request
Modify The SRA
Expand the USB

Location and Context Map
Background
Site Photography
Site Conditions
Major Washes
Hillside Areas
Planned Wildlife Overpass/Underpass
Existing Pima County Zoning
Current General Plan
Proposed General Plan Amendment
Existing and Proposed Lane Use Comparison
Significant Resource Areas (SRA) Modification
Special Area Policies
Urban Services Boundary
General Plan Amendment Evaluation Criteria
Neighborhood Meetings/Public Input
Neighborhood Meeting Issues
Public Input Opportunities in Review Process
Summary
Recommendation - Lane Use Plan
Recommendation - SRA
Recommendation - Special Area Policies
Recommendation - Urban Services

Applicant Keri Silvyn of Lazarus Silvyn Bangs presented.  Brad Jarvies, Rob/WLB, Eleanor Gladding SLBA were also in attendance.

Ms. Silvyn provided Commissioners with an e-mail from Bryan Martyn of Arizona State Park which outlined the park's position relative to the project.
In terms of what the benefits are for Oro Valley:  residential located near jobs and retail; balance on topography for ESL with SRA and open space and increased sales tax for commericial and sales tax.  Mrs. Silvyn provided an overview of how the project met the required criteria for General Plan Amendments.

Rob Lonaker/WLB Group presented an overview of the properties visibility from various vantage points in Catalina State Park.

Keri Silvyn discussed the biological corridors and critical habitat identified on the SDCP Sonoran Desert Conservation Plan.  The developer disagreed with 200' natural buffer for wildlife movement requested by the Coalition.

Eleanor Gladding, SDCA, discussed biological corridors and critical habitat and wildlife movements throughouts Pima County. 

Chair Swope opened the public hearing

Kathy Anne Whitmore, non resident, opposes the plan.
Dave Cooper, non resident, opposes the plan.
John Musolf, resident, opposes the plan.
Steven Wind, non resident, opposes the plan.
Mike Motherway, non resident, opposes the plan.
Pamela Ludwig, non resident, opposes the plan.
William Scott, non resident, opposes the plan for health reasons.
Marsha Hartz, resident, opposes the plan for light pollution.
Pat Kinsman, resident, opposes the plan for animal corridors.
Bill Adler, resident, opposes intensity--not whether it is developed.
Kathie Schroeder, non resident, opposes the plan due to wanting to conserve the area.
Carolyn Campbell, non resident and representative of Coalition for Sonoran Desert Protection, opposes the plan.  The coalition believes conditions have changed since 1990 to protect wildlife movement including $9 million spent on a wildlife crossing plan and open space acquisition by the County. 
Carl Boswell, resident, is opposed to the plan and worries about wildlife. 
Diane Bristow, resident, is opposed to the plan.
Richard Furash, resident, is opposed to the plan because he doesn't believe there's an urgency for this plan.

Chair Swope closed the public hearing and opened discussion for Commissioners.

MOTION: A motion was made by Commissioner D. Alan Caine Caine and seconded by Vice Chair Don Cox Cox recommend approval of the requested General Plan Amendments under case OV1112-02.

MOTION carried, 4-3 with Chair Robert Swope Swope, Commissioner Buette Buette, and Commissioner William Rodman Rodman opposed.
 
3.

PUBLIC HEARING: MERCADO MANDARINA MAJOR GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL/OFFICE (NCO) AND REDESIGNATE AS A GROWTH AREA FOR 8.6 ACRES OF THE 26.7 ACRE PROPERTY, LOCATED ON THE NORTHEAST CORNER OF TANGERINE ROAD AND LA CHOLLA BLVD (OV1111-005)


Staff Report

Attachment 8

Matt Michels, Senior Planner, presented:

Applicant's request
General Plan Amendment from Low-density Residential (LDR) to Neighborhood Commercial/Office (NCO) General Plan Land Use Designation
Location and Context
General Plan Future Land Use
Tangerine Road Corridor Overlay District (TRCOD) requirements
Environmentally Sensitive Lands
Site View Looking North from Tangerine Road
General Plan Amendment Evaluation Criteria
Growth Area
Neighborhood Meetings/Public Input
Neighborhood Meeting Issues: 
Senior care building height
Frequency of emergency response
Tangerine/La Cholla widening timing
Buffer width
Site lighting
Additional traffic

Public Input
Summary
Recommendation:  Major General Plan Amendment
Recommendation:  Growth Area


Applicant Paul Oland representing Townsend Family/property owner indicated they were in agreement with the neighbors regarding the following: 

- A 50' undisturbed open space buffer on Limewood
- A 90' building setback on Limewood
- Northern portion of the site restricted to Independent Living (not Assisted Living)
- Improvement of two drainage areas

Chair Swope opended the public hearing:

Donald Bristow, resident, didn't like the lack of residential property in the plan.

Bill Adler, resident, believes low density residential isn't realistic but is concerned about Senior Living ideal and doesn't believe it shouldn't be part of retail.  Senior Living is the wrong use but likes the neighborhood commercial.

John Musolf, resident, indicated that separating zoning versus plan amendments is wrong.  The change in C-1 is the ultimate plan of the applicant. 

Chair Swope closed the public hearing

Chair Swope opened the floor for the applicant.

Applicant Paul Oland agrees that LDR is unrealistic and they have garnered neighbor support.  Mr. Oland indicated that they are not mingling zoning and plan amendment.   

Chair Swope opened the discussion to Commissioners.

Commissioner Rodman asked about LDR and thinks independent living is appropriate.  Mr. Williams responded that specific uses best fit the property with Town Council review.

MOTION: A motion was made by Commissioner D. Alan Caine Caine and seconded by Vice Chair Don Cox Cox recommend approval of the General Plan Amendment under case OV1111-005.

MOTION carried, 7-0.
 
4.

PUBLIC HEARING: A MAJOR GENERAL PLAN AMENDMENT TO ADD A NEW ENERGY ELEMENT AND ASSOCIATED UPDATES TO THE STRATEGIC IMPLEMENTATION PLAN. THE PROPOSAL INCLUDES GOALS AND POLICIES THAT ADDRESS A BROAD RANGE OF ENERGY-RELATED ISSUES  (OV1112-03)


Staff Report

Bayer Vella, Conservation and Sustainability Manager, presented:

Process:

Energy Policy Committee
SAHBA & MPA
Home Owners Associations
Greater Oro Valley Chamber of Commerce
Boards & Commissions
Utilities
Town Residents
Surrounding Jurisdictions

Specific Outreach Efforts with Business Community

General Plan Energy Element:  key ingredients:

1.  Opportunities to better the bottom-line:  energy efficiency, renewable energy
2.  Cost-saving opportunities & community leadership
3.  Education outreach
4.  Infrastructure Planning
5.  Community Resiliency and the Town's Vision



Chair Swope opened the Public Hearing:

Dave Perry, OV Chamber of Commerce, indicated he had asked a few people what they thought about it and explained some of the questions and issues which had been expressed to him. 

John Musolf, resident, discussed that in the past no one in government came around to tell people what to put in their homes.  When government gets involved, we won't live in democracy.


Bill Adler, resident, discussed costs associated with innovation that the consumer ultimately pays for.  Availability and affordability are issues now.  He believes it's wise to educate the community with availability and affordability.

Jack Stinnell, resident, saw the presentation and it made sense to him.  Global warning is an issue.  He worries about coal making pollution as well as high water use.  He got solar at his home and had to fight the HOA about the solar panels.  He feels it's economical to have solar.  He supports the Energy Element.

Shirl Lamonna, resident, supports the Energy Element since the plan is directional not mandatory.  Historically, seat belts, motorcycle helmets, and light bulbs are examples that were nudges and became mandatory.  She worries about unintended consequences of energy plan.

David Godlewski, SAHBA and resident, indicated that builders are building more energy efficient homes. 

Chair Swope closed the public hearing

MOTION: A motion was made by Commissioner D. Alan Caine Caine and seconded by Commissioner Bill Leedy Leedy to recommend approval of the General Plan Amendment under case OV1112-003.

MOTION carried, 6-1 with Vice Chair Don Cox Cox opposed.
 
PLANNING UPDATE (INFORMATIONAL ONLY)

Fall Community Academy on Thursday will be discussion of town finances and water.

Neighborhood meetings:  CVS Pharmacy and Paradise Bakery on November 14th, AT&T cell tower on November 20th and second AT&T cell tower on November 27th.  

Future agenda items for December 4th regular meeting include GP Strategic Implementation Program report of how we have progressed over 10 years.  January's meeting would fall on New Year's Day so it has been re-scheduled for January 9th.  We expect election of officers on that agenda.

Town council will hear San Dorado this Wednesday. On December 5th, Town Council will consider the 3 items heard tonight and PAD amendment Fry's signs will be on that agenda.

ADJOURNMENT

MOTION: A motion was made by Commissioner Bill Leedy Leedy and seconded by Commissioner William Rodman Rodman adjourn.

MOTION carried, 7-0.
 
Attachment 9