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Home My WebLink AboutMinutes - Planning and Zoning Commission - 10/15/2013 MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION SPECIAL SESSION October 15, 2013 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER AT OR AFTER 6:00 PM Chairman Swope called the meeting to order at 6:00 PM. ROLL CALL PRESENT: Bob Swope, Chairman Don Cox, Vice Chairman John Buette, Commissioner Alan Caine, Commissioner Bill Leedy, Commissioner Bill Rodman, Commissioner Tom Drzazgowski, Commissioner PLEDGE OF ALLEGIANCE Chairman Swope led the audience in the Pledge of Allegiance. CALL TO AUDIENCE - There were no speaker requests. COUNCIL LIAISON COMMENTS No comments from the Council liaison. 1. PUBLIC HEARING: A ZONING CODE TEXT AMENDMENT RELATED TO SPORTS RETREATS IN THE R1-144 ZONING DISTRICT, OV713-001 (CONTINUANCE REQUESTED TO DECEMBER 3, 2013) Matt Michels, Senior Planner, presented a brief overview of the project, including the continuance request from the applicant. Rosemary Gordon Panuco, Oro Valley Resident, stated she is opposed to the continuance. Ms. Panuco voiced her concerns with the following: trash along the fence, security concern with the proposed property bringing in large groups of people which is not consistent with the peace and tranquility of Oro Valley. Ms. Panuco asks the continuance be denied. 10/15/2013 Special Session Planning&Zoning Commission Page 1 of 5 Cathy Lucas, Oro Valley Resident, after listening to the audio portion of the September 3rd meeting, has some comments regarding misleading statements by Mr. Owen Gue. Mr. Gue is not a resident of Oro Valley or the State of Arizona; the website for the Cycling House uses a Montana address and phone number. The Cycling House has business on the internet that appeals to a worldwide audience and she is not at all interested in seeing an international vacation destination on her residential street. Jim Lucas, Oro Valley Resident, stated that he wrote a letter on October 13th to the Commission addressing his concerns. In June, Mr. Lucas called the zoning office to voice his concern about a commercial business being operated out of the subject's address. Things progressed over a period of time pursuant to the September 3rd event when the Commission heard the supporting rational from the applicant and staff. Mr. Lucas asked how renters petition the Town; Mr. Gue is not the owner of the property or a resident of Oro Valley. Why would the Commission consider allowing a business to operate in a RI neighborhood? Mr. Lucas strongly objects to the economic implication of a business being run at 9410 Calle Loma Linda. Bill Adler, Oro Valley Resident, stated he is in favor of a continuance as long as the time is well spent between now and December. To expand the zoning code to accommodate the interest of a single resident is not his idea of how the zoning code is to operate. Mr. Adler is in favor of using a portion of the code which is called the home occupation permit process, tier two which already references sports facilities. The Commission needs to provide more specific direction to staff on how they should be spending their time between now and December. Trindy LeForge, Oro Valley Resident, stated the neighbors have worked very hard to maintain the tranquility of the neighborhood. It is currently zoned low density residential and she would like to keep it that way. Over the last year the noise and traffic levels on the street and at the noted residence has increased, including loud parties. It has been her experience that folks on travel participate in activity unlike what they would do in their homes, they drink more alcohol, and engage in activities of mischief; and she doesn't want that across the street from her house. Ms. LeForge opposes the rezoning request. Dave Perry, Oro Valley Resident, stated that the applicant's attorney requested a continuance on the zoning code text amendment and thinks that this is proper and appropriate considering the comments from the residents. He respects what the neighbors have to say and understands their concerns and those concerns need to addressed. As a community, as a Planning Commission, and as staff, we need to take a look at and figure out if there is way to say yes. The Commission should look and find a solution that would allow a use like this without imposing an unreasonable expense on Mr. Gue and the property owner. The neighbors should be involved in this process. What is the highest and best use for this most usual piece of property? 10/15/2013 Special Session Planning&Zoning Commission Page 2 of 5 MOTION: A motion was made by Commissioner Rodman and seconded by Commissioner Drzazgowski to approve the request for a continuance to the December 3, 2013 Planning and Zoning Commission meeting. MOTION carried, 7-0. 2. PUBLIC HEARING: REZONING OF A 26.7 ACRE PROPERTY KNOWN AS MERCADO MANDARINA FROM R1-144 TO C-N AND C-1 LOCATED ON THE NORTHEAST CORNER OF TANGERINE ROAD AND LA CHOLLA BLVD, 0V908-003 Matt Michels, Senior Planner, presented the following: - Site Location - Location Map - Parcel Detail -Applicant Request - Previous Approvals - Existing Zoning - Proposed Zoning - Proposed Zoning Neighborhood Commercial (C-N) - Proposed Zoning Commercial (C-1) - Convenience Uses - Neighborhood CPA Issues - Tentative Site Plan - Tangerine Road Corridor Overlay District (TRCOD) - Environmentally Sensitive Lands - Neighborhood Meeting/Public Input - Conclusion/Recommendation Paul Oland, from WLB and representing the applicant, presented the following: - Tentative Site Plan - Neighborhood Agreement - Proposal Overview Chairman Swope opened the public hearing. Bill Adler, Oro Valley Resident, stated that he as always expressed concern regarding the casual senior living component which occupies more square footage than any other use. Additionally, senior living is continued in the rezoning, for this particular kind of use without really knowing what it is. The staff report makes reference to the appropriateness of a senior living facility as a transition between residential and commercial. With the research that Mr. Adler has done and continues to do, he does not find independent living facilities as a transition anywhere. This is being addressed 10/15/2013 Special Session Planning&Zoning Commission Page 3 of 5 in a caviler fashion and yet these are delicate people who are living a very difficult circumstance. Chairman Swope closed the public hearing. MOTION: A motion was made by Vice Chairman Cox and seconded by Commissioner Buette to Recommend Approval of the Mercado Manderina Rezoning from Single-family Residential R1-144 to Neighborhood Commercial (C-N') and Commercial (C-1), based on the factors outlined above, and subject to the conditions in Attachment 1 and deleting number 8, based on a finding that the proposed rezoning is in conformance with the General Plan land use map and goals and policies, and that the Tentative Site Plan preserves critical environmental resources and provides a range of commercial services not currently available in the neighborhood. Commission Leedy offered a friendly amendment to change office to retail in Attachment 1. Friendly amendment was accepted by the Vice Chairman Cox and Commission Buette. Attachment 1 Conditions of Approval Mercado Manderina Rezoning 0V908-003 October 15, 2013, Planning &Zoning Commission Planning: 1. Provide a minimum 6-foot screen wall with additional vegetation, including trees, shrubs and understory plantings, along the northern property line adjacent to the proposed 14,000 effice-buildingRETAIL SQUARE FOOTAGE. 2. A minimum fifty (50') foot natural open space buffer shall be provided along the northern property line adjacent to Limewood Rd. 3. No building shall be placed closer than ninety (90') feet from the Limewood Rd. right-of-way. 4. A transit stop shall be provided along the main internal drive. The exact location and design shall be approved by the Town Transit Administrator. 5. A ten (10') foot wide shared use path shall be provided along the full length of the Tangerine Rd. and La Cholla Blvd. frontages. 6. The Tentative Site Plan is illustrative only and does not constitute an approved Conceptual Site Plan. Oro Valley Water Utility: 10/15/2013 Special Session Planning&Zoning Commission Page 4 of 5 7. A 12 inch water main shall be constructed on this property within a 15 foot wide easement bounded by the proposed La Cholla right-of-way. The western line of the easement shall be the same line as the proposed eastern right-of-way line of La Cholla. This main shall extend to the Northern most property boundary. 8. A 100 foot by 100 foot booster site shall be dedicated to the Oro Valley Water Utility in the NW corner of the property. Engineering: 9. The southern 100 feet of the property shall be dedicated to the Town of Oro Valley for the purpose of additional public right-of-way for Tangerine Road. 10. Additional public right-of-way shall be dedicated to the Town of Oro Valley along La Cholla Blvd. to provide a minimum 150' of total public right-of-way. MOTION carried, 7-0. ADJOURNMENT MOTION: A motion was made by Vice Chairman Cox and seconded by Commissioner Drzazgowski to Adjourn the Special Session Planning and Zoning Commission meeting at 7:21 PM. Prepared by: 1,01240/ Roseanne Flores Recording Secretary I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Planning and Zoning Commission of Oro Valley, Arizona held on the 15th day of October 2013. ! further certify that the meeting was duly called and held and that a quorum was present. 10/15/2013 Special Session Planning&Zoning Commission Page 5 of 5