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HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 7/12/2007 MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR SESSION July 12, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM 1. Call to Order at 6:00 p.m. 2. Roll Call PRESENT: Chair Doug McKee Vice Chair Teree Bergman Commissioner Bill Adler Commissioner Ray Paolino Commissioner Clark Reddin Commission Honey Pivirotto (joined meeting at 6:12 p.m.) ABSENT: Commissioner Pete Bistany 3. Call to the Audience opened at 6:02 p.m. Pat Kinsman, 11671 N. Europa Place.,said Oro Valley's goal needs to be to design projects that minimize impact and protects native plant and wildlife. Call to the audience closed at 6:05 p.m. Chair Mckee requested an order change in the agenda. Hearing no objection Chair McKee moved Item 7 before Item 5. 4. Approval of the June 5, 2007, Planning and Zoning Commission regular meeting minutes. MOTION: Commissioner Adler MOVED to approve the June 5, 2007, Planning and Zoning Commission minutes as submitted. Commissioner Reddin seconded the motion. MOTION carried, (5:0). (Commissioner Pivirotto was not present at this time.) 7. Public Hearing: OV9-07-002A, The Planning Center, representing NCH Corporation/Transwest Properties, proposes a text amendment to Section 24.1.B.1.b.i of the Tangerine Road Corridor Overlay District in the Oro Valley Zoning Code Revised and to amend Policy 9 for Neighborhood 3 of the Rancho Vistoso PAD. These amendments are to allow for a 185-foot building setback for a proposed hotel, on one specific parcel, Parcel # 223- 02-021 D. Bob Conant, Planning Center, presented the request for a reduction in the setback, which is currently 4:1. The developer is asking for flexibility. Discussion followed regarding: - Setback relief - Intrusiveness of proposal - Size of hotel - ADOT taking additional 100' - Clarification of measurement from roadway to building - Visual impact - Hospital setting a precedent - Number of stories allowed under current code -Where setbacks are measured from. Ms. More stated that the applicant's intent is to take the height issue to the Council. Matt Michels, Senior Planner, gave the staff report, and stated that the proposal would not be any more intrusive. Staff looked at the Town's economic development, and feedback shows this proposal is needed and wanted. Mr. Michels said the primary intent of the setback requirement is to preserve the integrity of the scenic corridor and to not have visual intrusion. Chair Mckee asked how many stories could be built under the current code. PUBLIC HEARING OPENED Joe Hornat, resident, supports the location of the hotel but is concerned that the view will be obscured. Zev Cywan, resident, said it appears that a request for a text amendment in this manner would be inappropriate. Dorothy Bowers,resident, agreed with the previous two speakers and objected to the hotel proposal. Kathleen Pastryk, resident, stated Oro Valley is a beautiful small town and we care about building height. Wayne Krouse, resident, showed a slide depicting dimensions of the slope, grade and building height. The notification required has not been met. The facts are conflicting. He submitted his research for the record. Art Segal, resident, asked why the hotel has to be 75 feet. Bill Gardner, resident, was opposed to the applicant's proposal because there appears to be discrepancies. 2 Bob Peck, resident, has seen a disregard for what the Town stands for. Judy McDonald, resident, questioned why staff offered an answer to a question that was not supposed to be a part of the discussion. PUBLIC HEARING CLOSED Commissioner Adler stated that Commission Members respect staff at the highest level. The Commission and Staff sometimes differ when it comes to the interpretation. The Code and the Plan are somewhat subjective. He sometimes differs from staff on how the Code applies. He said staff should not be depicted as anything other than community interested and community oriented. He does feel that the 4:1 ratio setback should be retained. The number of feet involved is directly related to the height. Although the Commissioner has already decided the height at a previous meeting, the height comes into this discussion because of the ratio. The Commission recommended to the Council in April that the hotels are permitted, as long as they comply with the PAD height limit of 36 feet. Therefore, he will make the following motion. MOTION: Commissioner Adler MOVED that the Planning and Zoning Commission recommend to Council that the 4:1 ratio as reflected in the Oro Valley Zoning Code be retained as it relates to construction in the Tangerine Scenic Corridor. Commissioner Pivirotto seconded the motion. Discussion: Commissioner Adler said that means they can build a hotel there and the setback would be 144 feet if the height was 36 feet, so they would get relief. Vice Chair Bergman will support the motion because the setback request is tied intergrally to the height requirement that we already recommended against. The Commission is not a deciding body. She commended the staff and stated they are very professional and capable. Their job is difficult and complex and they work hard. The Town is lucky to have them. Commissioner Paolino will support the motion. The request for the reduced setback is clearly related to the size and height of the hotel, which is clearly in violation to the current code. The Commission cannot make exceptions and must remain consistent. Chair Mckee will support the motion because of the precedent setting nature of the proposal. If you look at the arguments for giving this what amount to a height variance, they are using the precedent of the hospital as one of the main reasons. If we grant another one, there will be other requests and there will be two precedents. MOTION carried (6:0). Recess: 7:15 p.m. to 7:26 p.m. 3 5. Public Hearing: OV9-05-06, The applicant requests approval of a rezoning from R1-144 to R1-20, located on the northwest corner of La Cholla Boulevard and Naranja Drive. The subdivision lots will range in size from 16,000 - 36,000 square feet. The property is 132 acres in size and will consist of 118 single family homes. Applicant Paul Oland reviewed the following: TRS Custom Homes Site plan and location Rezoning request to R-120 Significant Resource Areas Lot Sizes Density Project Disturbance Riparian Area and Open Space Recreation Area The applicant met with Amphi School District and the Town. Glover Road right of way is owned by Amphi and they have agreed to dedicate 30 feet; the developer will dedicate the other 50 feet necessary. The developer will participate in the design and improvement of Glover Road. The signal on La Cholla is on the RTA schedule. No additional right of way is needed at Naranja. The developer has agreed to do a multi- use path. The applicant has not received a request from Public Works to put a third lane on Naranja Drive. David Ronquillo, Senior Planner, gave the staff report. Paul Keesler, OV Development Review Manager, reviewed the following for La Cholla, Glover and Naranja Roads: Traffic impacts and analysis Existing average daily trips (ADT) Impacts of traffic RTA widening schedule Safety requests Discussion following regarding: - Lower density - Dedication of Glover Road to Oro Valley - "Fair share" - Tucson Water facility Attorney Andrews said the Town could suggest conditional language saying the zoning approval would require the developer to acquire adequate right of way, not listing specifics of Amphi School District or the Developer, and include the Town will not participate in the reconstruction of the roads. Therefore, the zoning could undo itself if the negotiations fail. PUBLIC HEARING OPENED 4 Linda Snodgrass, resident, was opposed to anything smaller than 3.3 acres because animals suffer and getting onto Naranja will be impossible. Tim Milburn, resident, said the neighbors met with the developer and recommended a lower density. He agreed with Mrs. Snodgrass about the animals suffering. Traffic is a problem. PUBLIC HEARING CLOSED Commissioner Adler said General Plan designations when made are often not site specific. The significant resource create an environmentally sensitive area between the riparian areas, not within them. Lower density in that area was necessary. He opined that though the proposal is compliant with the General Plan it does not comply with the purpose of the Significant Resource Area (SRA)which was overlaid, not at the same time, but subsequently. The SRA was overlaid in order to establish a sensitivity in that area. He would not support the rezoning. We need to consider the values of what the property represents. MOTION: Commissioner Adler MOVED to deny this proposed rezoning at the density levels proposed. Motion failed for lack of a second. MOTION: Vice Chair Bergman MOVED to approve OV9-05-06, the WLB Group request for approval of a rezoning from R1-144 to R1-20 with the conditions in the revised Attachment submitted, adding into condition #1 that the Town will not participate in the cost of the reconstruction of Glover Road. Commissioner Reddin seconded the motion. Discussion: Vice Chair Bergman commented that normally there is clear separation between deciding what is appropriate zoning on the property and what is the appropriate development. The motion is to approve the rezoning but the details of the layout of the lots and some of the other development factors still need to be negotiated as part of the subdivision process. We are approving the land use concept and a rezoning. Chair McKee will support the motion. This is a high quality subdivision which will be good for the Town and neighbors. The neighbors to the west may prefer less density but the lots along the west side are good size. The applicant has tried to maintain our standards and although the significant overlay is very complicated, it is designed to give the developer some leeway in how he lays the lots out by saving some areas and squeezing others. He has met the intent of the significant overlay. Commissioner Paolino will reluctantly support the motion. He shared many of Commissioner Adler's reservations, but believes it has minimally met the requirements of the General Plan in terms of the land use. Commissioner Reddin added his support. He will be a neighbor of this area and had concerns, but when he looked at the concept of what they are proposing, it is what this community desparately needs. Looking at where it has been placed between two schools, it is a quality product. 5 Motion carried, (5:1) Commissioner Adler voting no for reasons stated above, prior to the motion being made. Recess: 8:26 p.m. to 8:32 p.m. 6. Public Hearing: OV11-06-02, General Plan Amendment for portions of Rancho Vistoso Neighborhood 3, generally bounded on the north by Rancho Vistoso Boulevard, on the east by Oracle Road, on the south by Tangerine Road, and on the west by the Big Wash. Chairman Mckee stated this item was for discussion only. Another meeting will be held tentatively on August 14th at 6:00 p.m. at Sun City Recreation Center. Mr. Paul Olund, WLB Group, reviewed the following: Existing Rancho Vistoso PAD Existing encroachments Existing facilities Current land use configuration Proposed linear park and trail connections Proposed commercial area Proposed configuration Traffic Light General Plan Map Conceptual design of the park History and General Plan findings Market demand Commissioner Adler requested a Study Session be scheduled and that the applicant provide policy statements before the Study Session and put environmental compatability in writing. Chair Mckee requested a history of the levee and an inventory of parcels which are available for employment centers for both the proposed amendment and existing plan. Matt Michels, OV Senior Planner, gave the staff report. David Welsh, OV Economic Developer Administrator, stated this is one of, if not the most important economic development priorities in the Town. Three components of the Economic Development Strategy are: Retention and recruitment of businesses in retail development, tourism/resort, and high tech and bio tech professional level employment. This proposal supports the final component of that strategy and allows people to live, work and play in Oro Valley. Discussion followed regarding: - Existing inventory of available parcels - Proposed parcels - Open space versus land to accomodate the level of businesses desired - The need for recruitment and retention - Natural resources as a part of economic well being 6 - The need for more neighborhood commercial property - The need for flexibility Mr. Michels read a statement from Phillip Saletta, OV Water Utility Director, that the Town does not have plans to develop CAP water recharge in Big Wash. PUBLIC HEARING OPENED Brian Catts, resident, asked that the Town develop more commercial/industrial facilities for start-up or growing businesses and stated he was neither in favor or opposed to the proposal. Bill Garner, resident, was concerned about the environmental and traffic impact. Lyra Done, resident,planned on attending the study session proposed. Art Segal, resident, had difficulty finding the notice that was placed on the site. Wayne Crouse, resident,asked the Town to follow the policies and procedures for notification in the Zoning Code. PUBLIC HEARING CLOSED Ms. More stated that the notification procedures for HOA's have been remedied and in the future we will consistently, for zoning code amendments and General Plan amendments, notify every HOA representative in the Town. 8. Discussion of August Planning and Zoning Commission meeting. A study session will be held August 7th. Ms. More recommended a decision be made regarding a public hearing on August 13 so that proper noticing can begin. 9. Future Agenda Items Ms. More stated she would like to go over the work plan in a future Study Session. 10. Planning Update The Town of Oro Valley is hosting the Governors Economic Development Conference on August 15-17th at the Hilton. 11. Adjournment. MOTION: Commissioner Paolino MOVED to adjourn. Commissioner Adler seconded the motion. Motion carried (6:0). Prepared by: s ("(',Y LALr Deanna Ruiz for Diane Chapman, Office S ecialis 7