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MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION
December 5, 2023
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
             
REGULAR SESSION AT OR AFTER 6:00 PM
             
CALL TO ORDER

Chair Herrington called the meeting to order at 6:00 p.m.
             
ROLL CALL
Present: Joe Nichols, Commissioner  
  Skeet Posey, Commissioner  
  Phil Zielinski, Commissioner  
  Daniel Sturmon, Vice Chair  
  Jacob Herrington, Chair  
Absent: Anna Clark, Commissioner
  Kimberly Outlaw Ryan, Commissioner
Staff Present: Bayer Vella, Planning Manager
Joe Andrews, Chief Civil Deputy Attorney
Paul Keesler, Public Works Director/Town Engineer
Attendees: Melanie Barrett, Town Council Liaison
             
PLEDGE OF ALLEGIANCE

Chair Herrington led the Commissioners and audience in the Pledge of Allegiance.
             
CALL TO AUDIENCE

There were no speaker requests.
             
COUNCIL LIAISON COMMENTS

Council Liaison Melanie Barrett wished everyone a wonderful holiday season, thanked the outgoing commissioners for their service and spoke about the upcoming volunteer appreciation event. She provided updates on the next Town Council meeting regarding Planning related items and stated that several Council members have watched the neighborhood meeting regarding the Avilla project, which is before the Commission tonight.
             
REGULAR SESSION AGENDA
             
   1. REVIEW AND APPROVAL OF THE NOVEMBER 7, 2023 REGULAR SESSION MEETING MINUTES
             
  Motion by Commissioner Joe Nichols, seconded by Vice Chair Daniel Sturmon to approve the minutes as written.

  Vote: 5 - 0 Carried
             
   2. DISCUSSION REGARDING THE TOWN'S 2023 PROGRESS REPORT FOR IMPLEMENTING THE YOUR VOICE, OUR FUTURE GENERAL PLAN 
  Principal Planner Milini Simms provided a presentation that included the following:

- Your Voice, Our Future General Plan
- YVOF - three years of planning
- Importance: turning the community's vision into reality
- 2023 progress report
- Notable accomplishments and ongoing work
- Remaining actions
- Relationship to OV's Path Forward
- Summary and next steps
             
   3. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING TWO APPLICATIONS RELATED TO THE PROPOSED DEVELOPMENT OF 88 SINGLE-STORY RENTAL UNITS ON AN APPROXIMATELY 8-ACRE PROPERTY LOCATED NEAR THE NORTHEAST INTERSECTION OF TANGERINE ROAD AND RANCHO VISTOSO BOULEVARD. THE TWO ITEMS INCLUDE:

ITEM A: PLANNED AREA DEVELOPMENT (PAD) AMENDMENT TO THE RANCHO VISTOSO PAD FROM C-1 TO HDR
ITEM B: ARCHITECTURE
  Principal Planner Michael Spaeth provided a presentation that included the following:

- Purpose
- Location map
- Avilla Rancho Vistoso
- Applicant's proposal
- Background and site history
- Item A: Rezoning - zoning transitions
- Item A: Rezoning - commercial viability
- Item A: Rezoning - residential density and economic potential

Town Engineer Paul Keesler continued the presentation regarding traffic and access:

- Item A: Rezoning - project impacts
- Item A: Rezoning - existing traffic issues
- Item A: Rezoning - existing street configuration
- Item A: Rezoning - addressing existing traffic issues to date
- Item A: Rezoning - developer proposed street configuration
- Item A: Rezoning - staff review of the applicant's traffic solution
- Item A: Rezoning - proposed street configuration and new traffic control
- Item A: Rezoning - how this proposal addresses existing area traffic problems
- Item A: Rezoning - concerns expressed over traffic arrangement

Mr. Spaeth then continued with the presentation:

- Item A: Rezoning - General Plan and zoning conformance
- Item B: Architecture
- Neighborhood meetings
- Summary and recommendation

Paul Oland of Paradigm Land Design, representing the landowners and developer NexMetro, provided a presentation that included the following:
 
- The luxury leased home lifestyle
- Site plan
- Examples of design and architecture
- Interior floor plan and finishes
- Amenities
- Concerns heard - access and traffic
- Improvements to the road in the shopping center
- Concerns heard - property values, safety and crime
- Concerns heard - drainage impacts
- Concerns heard - open space and wildlife
- Concerns heard - noise, lights and views
- Landscape bufferyard cross-sections
- Concerns heard - renters
- Concerns heard - community investment
- Concerns heard - impacts to existing businesses
- Concerns heard - commercial viability
- 2020 OV multifamily study - key findings
- 2023 OV housing study - key findings & recommendations
- Main community benefits
  Chair Herrington opened the public hearing:

The following individuals spoke in opposition to Agenda Item #3:
- OV resident Eva Midobouche (via Zoom)
- OV resident Gregg James
- OV resident Cynthia Myers
- OV resident Vickie Duprey
- Christa Burke (not present)
- OV resident William Honomichl
- OC resident Colleen McCarthy
- OV resident Shirl Lamonna
- OV resident Rosa Dailey

Chair Herrington called for a recess at 7:47 p.m.
Chair Herrington resumed the meeting at 7:54 p.m.

Chair Herrington continued the public hearing.

The following individuals spoke in opposition to Agenda Item #3:
- OV resident Patti Kelly
- OV resident Mike Kelly
- OV resident Bob Smith
- OV resident Mark Nelson
- OV resident Joyce Roesler
- OV resident Susan Swan
- OV resident Lori Pettijohn
- OV resident Frank Mayfield
- OV resident Wayne Ilger
- OV resident Mark Schwan
- OV resident George Pesaro
- OV resident Garry Smith
- OV resident Rick Bolash

The following individual spoke in support of Agenda Item #3:
- OV resident Susan Swan

Chair Herrington closed the public hearing.

Discussion ensued among the Commission, staff and applicant.
             
  Motion by Vice Chair Daniel Sturmon, seconded by Commissioner Joe Nichols to recommend conditional approval of the proposed Planned Area Development Amendment, subject to the conditions listed in Attachment 1, based on a finding that it is in conformance with the Your Voice, Our Future General Plan and Rancho Vistoso PAD, with the added condition that older vegetation is used on the north side to create a more noticeable buffer for the Horizons subdivision, specifically 24-36 box vegetation trees.

  Vote: 3 - 1 Carried
 
OPPOSED: Commissioner Skeet Posey
Other: Commissioner Phil Zielinski (ABSTAINING)
             
  Motion by Commissioner Joe Nichols, seconded by Vice Chair Daniel Sturmon to recommend approval of the applicant's proposed architecture, based on a finding it is in conformance with the Rancho Vistoso PAD and all applicable zoning code requirements.

  A roll call vote was taken:

Commissioner Nichols - Aye
Commissioner Posey - Aye
Commissioner Zielinski - Aye
Commissioner Sturmon - Aye
Chair Herrington - Aye
             
         

  Vote: 5 - 0 Carried
             
   4. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION FOR TWO APPLICATIONS RELATED TO THE PROPOSED DEVELOPMENT OF 119 ATTACHED AND DETACHED SINGLE-STORY RENTAL UNITS ON A 15.6-ACRE PROPERTY LOCATED NEAR THE NORTHWEST INTERSECTION OF TANGERINE ROAD AND RANCHO VISTOSO BOULEVARD. THE TWO APPLICATIONS INCLUDE:

ITEM A: PLANNED AREA DEVELOPMENT (PAD) AMENDMENT FROM C-1 TO HDR
ITEM B: PROPOSED ARCHITECTURE
  Principal Planner Michael Spaeth provided a presentation that included the following:

- Purpose
- Location map
- Avilla Rancho Vistoso 
- Applicant's proposal
- Background and site history
- Item A: Rezoning - zoning transitions
- Item A: Rezoning - commercial viability
- Item A: Rezoning - residential density and economic potential
- Item A: Rezoning - General Plan & Zoning Conformance
- Item B: Architecture
- Neighborhood meetings
- Summary and recommendation

Paul Oland of Paradigm Land Design, representing the landowners and developer NexMetro, provided a presentation that included the following:

- Traffic - new connections on the west side
- Site Plan
- Bufferyard cross-sections

Chair Herrington opened the public hearing.

The following individuals spoke in opposition to Agenda Item #4.

OV resident Wayne Ilger
OV resident Rick Bolash
OV resident Linda Barney
OV resident Cathy Chavez
OV resident Shirl Lamonna

Chair Herrington closed the public hearing.

Discussion ensued among the Commission, staff and applicant. 
             
  Motion by Commissioner Skeet Posey,  to recommend denial of the proposed Planned Area Development Amendment, based on a finding of the safety ramifications.

Motion died for lack of a Second.

             
  Motion by Vice Chair Daniel Sturmon, seconded by Commissioner Joe Nichols to recommend conditional approval of the proposed Planned Area Development Amendment, subject to the conditions listed in Attachment 1, based on a finding that it is in conformance with the Your Voice, Our Future General Plan and Rancho Vistoso PAD.

  Vote: 3 - 1 Carried
 
OPPOSED: Commissioner Skeet Posey
Other: Commissioner Phil Zielinski (ABSTAINING)
             
  Motion by Commissioner Joe Nichols, seconded by Vice Chair Daniel Sturmon to recommend approval of the applicant's proposed architecture, based on a finding it is in conformance with the Rancho Vistoso PAD and all applicable zoning code requirements.

  Vote: 5 - 0 Carried
             
   5. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED ZONING CODE AMENDMENT TO ENABLE MOBILE FOOD UNIT COURTS AS A CONDITIONAL USE IN COMMERCIAL DISTRICTS (CN, C-1, AND C-2) AND ESTABLISH ASSOCIATED DEVELOPMENT STANDARDS. AMENDMENTS INVOLVE CHAPTER 23, ZONING DISTRICTS; CHAPTER 25, USE REGULATIONS; CHAPTER 31, DEFINITIONS, AND OTHER RELATED CHAPTERS
  Senior Planner Kyle Packer provided a presentation that including the following:

- Purpose
- Mobile Food Units - background
- Goals of proposed code amendment
- Research
- Feedback and responses
- Proposed code
- General Plan compliance
- Summary and recommendation

Discussion ensued among the Commission and staff.

Chair Herrington opened the public hearing.

There were no speaker requests.

Chair Herrington closed the public hearing.
             
  Motion by Commissioner Skeet Posey, seconded by Commissioner Phil Zielinski to recommend approval of the proposed Zoning Code Amendment to enable Mobile Food Unit Courts as a Conditional Use in commercial districts (CN, C-1, and C-2) and establish associated development standards, including amendments to Chapter 23, Zoning Districts; Chapter 25, Use Regulations; Chapter 31, Definitions, and other related chapters.

  Vote: 5 - 0 Carried
             
   6. *REVIEW AND APPROVAL OF THE 2024 MEETING DATES FOR THE PLANNING AND ZONING COMMISSION
             
  Motion by Vice Chair Daniel Sturmon, seconded by Commissioner Phil Zielinski to approve the 2024 meeting dates as presented.

  Vote: 5 - 0 Carried
             
PLANNING UPDATE (INFORMATIONAL ONLY)

Planning Manager Bayer Vella provided updates on an upcoming neighborhood meeting, the next Commission meeting in January and thanked the three outgoing commissioners for their service.
             
ADJOURNMENT
             
  Motion by Vice Chair Daniel Sturmon, seconded by Commissioner Skeet Posey to adjourn.

  Vote: 5 - 0 Carried
  Chair Herrington adjourned the meeting at 10:25 p.m.
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Planning and Zoning Commission of Oro Valley, Arizona held on the 5th day of December 2023. I further certify that the meeting was duly called and held and that a quorum was present.

__________________________
Jeanna Ancona
Senior Office Specialist

    

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