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HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 11/3/2009 MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR SESSION AGENDA November 3, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER AT OR AROUND 6:00 P.M. Chairman Reddin called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Chairman Clark Reddin Vice Chair Joe Hornat Commissioner Alan Caine Commissioner Robert La Master Commissioner Robert Swope ABSENT: Commissioner Scott Merry EXCUSED: Commissioner Mary Caswell CALL TO THE AUDIENCE (Non Agenda Items Only) Opened and closed without comment. 1. Review and /or approval of the October 6, 2009, P&Z Commission meeting minutes. MOTION: A motion was made by Vice Chair Joe Hornat and seconded by Commissioner Alan Caine approve as amended the October 6, 2009, P&Z Commission meeting minutes. 2. Public Hearing: OV7-09-008, La Cholla Airpark Inc., representing the owner and applicant, requests approval of a zoning code text amendment to allow accessory structures in the front yard of lots within the R1-300 zoning district, located north of Moore Road and west of KingAir Drive. If you have any questions about this matter, please contact David Ronquillo, Senior Planner, at (520) 229-4817or dronquillo@orovalleyaz.gov. David Ronquillo, OV Senior Planner, presented the staff report and reviewed the following: - Location - Surrounding land use - Lot lines - Northern and Southern areas of the airpark - Lot scenarios Mr. Ronquillo reviewed the proposed revisions to the Oro Valley Zoning Code Revised (OVZCR). Commissioner Caine asked why the code revision is being requested when the Board of Adjustment (BOA) can review each property on a case by case basis. Commissioner Swope asked staff how many of the lots are actually meeting all four criteria. Mr. Ronquillo responded with an estimate of 20 plus lots. Mr. Ronquillo also stated that staff included as many restrictions as possible to include the lots that are uniquely shaped. Commissioner LaMaster asked if there were any current accessory structures that are out of code that were built prior to annexation. Mr. Ronquillo responded in the affirmative. They are considered legal non- conforming structures. Vice Chair Hornat requested clarification on the wording on Page 4 of Staff Report section 4e and sub (i). Staff reports states only one accessory structure is permitted in the front yard then it states additional accessory structures may be permitted as determined. Mr. Paul Popelka, OV Acting Planning & Zoning Director, clarified that the proposed revision is for special circumstances to allow building a second structure. It is an administrative decision if a reasonable case is presented by the owner. Vice Chair Hornat asked if the Planning & Zoning Director has opportunity to approve as many as that person feels like approving and are we giving him that authority. Mr. Popelka said approvals will be as justified under conditions of the lot. Mr. Popelka stated that La Cholla Airpark is unique. This code change would not apply to any other areas of Town. This amendment request was based on a strong desire from the property owners. Commissioner Swope asked is there was a consideration of a fifth criteria that would address visual effects and appropriate screening. Mr. Ronquillo stated that was not considered but it is a good point and within your purview to address that. Chairman Reddin asked how do we define a front yard in a larger subdivision. Mr. Ronquillo responded the definition in the code is where the front yard is facing a major road, or where the house is addressed to a side street. Vice Chair Hornat asked how many lots have homes built. Mr. Ronquillo responded that 85% to 90% is built out. Chris Pena is a resident and current vice president of La Cholla Airpark Board of Directors. He is a commercial airline pilot by trade. He spoke in favor of the proposed text amendment. Chairman Reddin asked what is the major desire for the community to ask for this. Mr. Pena responded that when La Cholla Airpark began considering annexing into Oro Valley, it came with these cornerstones of concern: the ability to preserve our lifestyles and to protect the airspace, and we were looking to join a community and be more proactive as how the future would treat us. Mr. Pena stated that he hears many different ideas of what residents want to do with their property. The Chair opened the Public Hearing: Mr. Bill Adler, Oro Valley resident, spoke about the role of the BOA in this type of application. Mr. Adler advocated that BOA costs are less, the BOA is a streamlined and simplified process. The criteria BOA uses are not arbitrary and there is a consistency with regard to the applications. We need to avoid trying to find solutions to every individual problem by changing the Zoning Code. The P&Z staff should work on Work Plan items. Any structure has to go through the OV design review process. The process we have now works and we should not try to change the zoning code to satisfy a particular neighborhood. MOTION: A motion was made by Vice Chair Joe Hornat and seconded by Commissioner Robert Swope to recommend denial of OV7-09-008, La Cholla Airpark Inc., representing the owner and applicant, request for approval of a zoning code text amendment to allow accessory structures in the front yard of lots within the R1-300 zoning district, located north of Moore Road and west of KingAir Drive. Discussion: Vice Chair Hornat stated this is not the right venue for this change. Commissioner LaMaster stated he would have a bigger problem with the change if there weren't already structures that are non-conforming. Commissioner Caine stated we are trying to set rules that are getting so complicated and it is far better to leave this to the BOA to review on a case by case basis. Commissioner Swope stated we have a good BOA variance process and it is very fair to homeowners. We should not write text amendments for a small population or add text amendments that set precedent for other large lot zoning districts. He will vote against the amendment. Chairman Reddin stated these are very large lots that already allow the hangar in the front yard. Commissioner Caine stated we are saying do not set complicated rules. Discussion closed. MOTION carried, 3-2 with Chairman Clark Reddin Reddin and Commissioner Robert La Master Master opposed. 3. Planning Director Update Mr. Popelka stated that at the next meeting in December, Planning and Zoning will bring forward the updated Work Program. Tucson Electric Power (TEP) has expressed interest in bringing in a proposal to upgrade lines along Tangerine Road between La Canada and La Cholla. This will come back after the first of the year. 4. Future Agenda Items None ADJOURNMENT at 6:49 p.m. Prepared by,_ Difanna Ruiz Recording Secretary