HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 6/2/2009 APPROVED MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION AGENDA
June 2, 2009
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT 6:00 PM
1. Call to Order
2. Roll Call
Present: Chair Teree Bergman
Vice Chair Clark Reddin
Commissioner Bill Adler
Commissioner Joe Hornat
Commissioner Robert La Master
Commissioner Alan Caine
Commissioner Scott Merry
Also present:
Mayor Paul Loomis
Vice Mayor K.C. Carter
Sarah More, Planning and Zoning Director
Joe Andrews, Chief Civil Deputy Town Attorney
Paul Keesler, Development Review Division Manager
Mike Spaeth, Planner
David Ronquillo, Senior Planner
Amanda Jacobs, Economic Development
3. Call to the Audience opened and closed with no speakers.
4. Approval of Minutes
MOTION: Commissioner Adler MOVED to approve the May 5, 2009, Planning and
Zoning Commission minutes as presented. Commissioner La Master seconded
the motion. Motion carried 7:0.
5. Public Hearing: OV8-09-002, GreenbergFarrow, representing In-N-Out
Burger, request for approval of a conditional use permit for a restaurant with
drive-through, located within the Oro Valley Marketplace in close proximity
to the southwest corner of Oracle Road and Tangerine Road.
Commissioner Merry excused himself due to a potential conflict of interest.
Michael Spaeth, Planner, gave the staff report and PowerPoint presentation.
June 2, 2009 Approved Planning &Zoning Commission Meeting Minutes
Clarification discussion points:
Mike Spaeth, Planner, noted that potential traffic problems at the grand opening were
analyzed and contingency plans considered. The road in is wide enough to place
cones to direct traffic. There is space for additional stacking if necessary.
Commissioner Adler noted that the orientation of the building on the pad does not seem
to be compatible with other buildings on the development plan. This one faces east to
Oracle Road. Signage will face east, which none of the other buildings have. Staff's
analysis is that there are site constraints in the small southern tip. Other areas had
space to orient away from Oracle Road. There is no access on the west side of the
pad.
Ms. More added that on the approved Development Plan the building orientation is the
same. The issue tonight is focused on the drive-through element of the restaurant.
Historically staff has attempted to have drive-throughs hidden from Oracle. This
location staff believes is the best for the community and functionality.
Anytime traffic stacks beyond the menu board is when associates are dispatched to go
out to facilitate taking orders to minimize wait times.
Applicant, Ron Voile, Real Estate Manager for In-n-Out Burger, 13502 Hamburger
Lane, Baldwin Park, CA, gave a brief background of the company which has been in
business since 1938. The first opening in a new area tends to have more business.
Not as much traffic is expected at this location. Demographics are different. Regarding
compatibility, all restaurants are facing parking lots. We put the building in the same
position as the planned restaurant building was.
Keith Gilbert, Project Manager for this site gave a brief PowerPoint presentation. A
number of reiterations have been gone through on this site. The pad at the south end is
a better layout for the business and customers. A line of site study was done to
residences behind. The drive-through on the west side would be screened from Oracle
and by vegetation on the west.
Clarification discussion points:
- Entrances to the building are on the east and south sides.
David Malin, Vestar Development, Phoenix, addressed the compatibility issue. The big
boxes are oriented with the backs of the buildings to Oracle and Tangerine. The fronts
of the stores face the parking lot. Retail businesses always have the fronts facing
the parking lot. This pad and building front always faced east. It was always planned
and approved that way. This is the best situation because the drive-through is hidden
from Oracle. This is the priority of the Town. Every retail building in this project faces
the parking lot. We are complying with the approved Development Plan.
Public hearing opened at 6:30 p.m.
Renee Hobrock, Oro Valley resident, expressed her agreement with the In-N-Out
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June 2, 2009 Approved Planning &Zoning Commission Meeting Minutes
Burger coming to the Oro Valley Marketplace. It is appropriate to put there and it will be
advantageous. The diagrams and pictures look very nice. It will generate income.
Public Hearing closed at 6:32 p.m.
Comments from Commissioners:
Vice Chair Reddin said the design is thoughtful and uses principals in design we have
asked for. He will vote in favor.
MOTION: Commissioner Caine MOVED to approve OV8-09-002,
GreenbergFarrow, representing In-N-Out Burger, request for approval of a
conditional use permit for a restaurant with a drive-through, located within the
Oro Valley Marketplace in close proximity to the Oracle Road and Tangerine Road
intersection. Commissioner La Master seconded the motion:
Discussion:
Chair Bergman would have preferred to not have signage facing Oracle Road, but only
the drive-through is being considered tonight. It makes sense to put it where it is not
visible.
Commissioner Adler won't support the motion because he disagrees with Mr. Malin.
The drive-through, if positioned at the rear of the property closest to Oracle Road, would
not be that obvious because of the difference in elevation between Oracle and the
property. The compatibility issue is critical. He has no problem with the company. The
orientation on the lot is not desirable, so he won't support the motion.
Motion carried 5-1, with Commissioner Adler voting no, and Commissioner Merry
excused from this item.
Commissioner Merry returned to the meeting.
6. Public Hearing: OV8-09-01, Hertz Rental Car Company, represented by Rick
Engineering, requests approval of a conditional use permit for a rental car
facility, located within lot 12 of Mercado Del Rio.
David Ronquillo, Senior Planner, gave the staff report.
Clarification discussion points:
- The first Conditional Use Permit approval for 911 Collision, had 19 parking
spaces. The total of 19 spaces is adequate based on staffs analysis.
Applicant, Dan Castro, Rick Engineering Company, representing Hertz Rentals, said
they are in compliance with the General Plan and Zoning Code, and that there are no
negative impacts. Hertz and 911 Collision Center work together. They expect two or
three transactions per day. They will be using existing access points. Robert Breeding,
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June 2, 2009 Approved Planning &Zoning Commission Meeting Minutes
Area Manager with Hertz was also present.
Clarification discussion points:
- Hours of operation will be the same as 911 Collision Center and closed on weekends.
- Hertz main branch is on Ina Road and will supply cars to this location from there.
PUBLIC HEARING opened and closed at 6:47 p.m. with no speakers
Comments:
Commissioner Caine asked why didn't Hertz make application before opening the office.
Ms. More said it is not typical in Zoning Codes to have conditional use permits
(CUP) required for auto rental agencies. The fact that there was already a CUP on this
entire building may have lead to some misconception. Zoning staff got in touch with
Hertz, and they came in and met with the planning staff to learn what needed to be
done.
MOTION: Commissioner La Master MOVED to approve Hertz Rental Car,
represented by Rick Engineering Company, request for approval of a conditional
use permit for a rental car facility on lot 12 of Mercado Del Rio. Commissioner
Hornat seconded the motion. Motion carried 7:0. There was no discussion.
7. Planning Director Update
- Ms. More thanked Chair Bergman and Commissioner Adler for their years of service
on the Planning and Zoning Commission.
- There will be two new members appointed by Town Council on June 17th. Ms. More
introduced Mary Caswell as one of the recommended applicants. Mrs. Caswell served
on the Development Review Board for 7 years.
- Development on Hampton Inn at the northwest corner of Oro Valley Marketplace, in an
area previously planned for offices, is in process now.
- Development at the Shoppes at Oracle has stopped; staff is concerned for public
safety and drainage as we enter in monsoon season. We are working with a surity
company to make sure work is done. Paul Keesler has been key in this effort. There
has been interest from someone who will pick up the site and finish it.
- Ventana Medical Systems development and landscape plans will be voted on by
Council on June 17.
- A tour is being organized for independent living facilities in the Phoenix area on June
11. P&Z Commission is welcome to attend. Get in touch with Ms. More separately if
you are interested.
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June 2, 2009 Approved Planning &Zoning Commission Meeting Minutes
- Public participation in neighborhood meeting changes will come before P&Z
Commission in July.
- Council has directed staff to work on sign issues. They intend to have a newly formed
Economic Development Commission study this. Staff hopes to set up a task force of
interested individuals to help in drafting the sign code amendments.
8. Future Agenda Items
Commissioner Hornat asked if notices could be reviewed regarding Administrative
changes.
Ms. More asked Commissioner Hornat to speak to her regarding exactly what he
wanted addressed.
9. Adjourn Regular Session
MOTION: Vice Chair Redding MOVED to adjourn the Planning and Zoning
Commission meeting. Commissioner La Master seconded the motion. Motion
carried 7:0.
Meeting adjourned at 6:55 p.m.
Prepared by:
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Diane Chapman, Seni.( Office Specialist
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