HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 6/5/2007 MINUTES
PLANNING AND ZONING COMMISSION
REGULAR SESSION
June 5, 2007
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 PM
1. Call to Order
2. Roll Call
PRESENT: Chair Doug McKee
Commissioner Bill Adler
Commissioner Ray Paolino
Commissioner Pete Bistany
EXCUSED: Vice Chair Teree Bergman
Commissioner Honey Pivirotto
Commissioner Clark Reddin
3. Call to the Audience (Non Agenda Items Only)
Public hearing opened and closed at 6:05 p.m. with no speakers.
4. Approval of the May 1, 2007, Planning and Zoning Commission regular meeting
minutes.
MOTION: Commissioner Adler MOVED to approve the May 1, 2007, Planning and Zoning
commission minutes that were distributed at the meeting. Commissioner Paolino seconded the
motion. Motion carried unanimously (4:0).
5. Public Hearing: OV8-07-03,The applicant requests approval of a conditional use
permit for a hotel. The hotel will include a restaurant,with liquor and food service.
The site is located within the El Corredor Development on the northeast corner of
Oracle and Linda Vista
Applicant Tom Sayler Brown of SBBL Architectural Planning, 1001 N. Alvernon, Tucson, gave a
PowerPoint presentation on El Corredor Development. There is one building currently on the
land which is part of the development plan previously approved. The NE corner of property is the
proposed location for a two story hotel. The hotel would be approximately 67000 square feet with
100 to 120 rooms, a recreation pool area, and parking. A condition derived from meetings with
the neighbors is an 8 ft. wall along back with landscaping between the wall and property line, and
trash receptacles on east side of hotel. The applicants are happy to abide by all other conditions
listed.
In response to concern regarding mitigation of noise and glare applicant stated there will be:
- Landscape foliage and 8 foot wall.
- Low profile, down lighting, screened from residences.
-Adult hotel, not anticipating lots of children.
- Pool close to hotel, not by property line.
- Hours of use could be put on the pool, typically 8 a.m. to 10 p.m.
- Elevation of property is low near homes.
-Wedding chapel next door indicated they may like to use recreational area.
Other concerns regarded drainage, layout and branding:
- U-shape open to residents seems better than two story structure close to the property line.
- Drainage will be handled in the development plan.
-Sunway Hotel Management will operate the hotel.
- Branding will be either a Marriott or Hilton and will be franchised.
The hotel will be full service, providing a limited menu, primarily breakfast. It will have a small
capacity restaurant which will be cooking.
David Ronquillo gave the staff report.
Commissioner Adler said the night lighting for the sports court could not be low profile and he was
also concerned about the noise from the basketball court.
Mr. Ronquillo did not know the specifics of the lighting for the sports court. The noise mitigation
for the recreation area was satisfactory and has been covered as part of the CUP.
Mr. Ronquillo said the purpose of the two walls was based on resident's concerns. They wanted
a wall along the eastern property line, but didn't want people from hotel crossing into the desert
area. The walls are staggered.
PUBLIC HEARING opened at 6:35 p.m.
Joe Barr 9711 N. Cliff View Place, is the nearest neighbor to the hotel. The applicant met with
the community and has taken into consideration the neighbor's concerns. They addressed
lighting, set backs, orientation of hotel, and walls. What the applicant has done is good and he
would recommend approval of the CUP.
Keith Alrick, 9703 N. Horizon Vista Place, is the President of the HOA, which met with the
applicant three times. Concerns were privacy, lighting, noise and height, which
have been satisfied. The neighborhood recommends approval.
PUBLIC HEARING closed at 6:40 p.m.
MOTION: Commissioner Bistany MOVED to approve OV8-07-03,Applicant's request for a
conditional use permit for a hotel within the El Corredor Development with the conditions
in Attachment A. Commissioner Paolino seconded the motion.
Commissioner Adler made a friendly AMENDMENT TO THE MOTION regarding the lighting
in the recreational area,that the operation of the sport court be limited to daytime hours
up to 9:00 p.m. Commissioners Bistany and Paolino accepted the friendly amendment.
Discussion:
Commissioner Bistany wondered if the applicant could comply with 9:00 p.m.
Commissioner Adler said the lighting in the sport court could not be low profile. The level of
intensity and shielding for no glare into the residential area needs to be considered. He would
support the motion because the neighbors seem to be satisfied but he is concerned about how far
noise can travel and the hours of operation.
Chair McKee said the lighting issue is whether the neighbors will see the lights or not.
Commissioner Paolino said as a practical matter recreational areas such as this do not receive
2
intensive use. He did not see this as a problem.
Motion carried unanimously (4:0).
6. Public Hearing: OV7-06-04, Proposed amendments to the Oro Valley Zoning Code
Revised to permit religious institutions in all zoning districts except for Parks and
Open Space and to replace Church, Synagogue, or Temple with Religious Institution
in Chapter 31, Definitions
Matt Michels gave the staff report.
Discussion:
-The Oro Valley sign code applies, specifically Chapter 28. Section 28.8 addresses what is now
called churches.
- In the Code under residential districts if the property is in a residential district, then that applies.
If it says for residential uses, it doesn't.
- Home occupation is analogous to the circumstances discussed. Leasing a home for a religious
institution is usually a temporary use.
-This use can't be called commercial, although it has characteristics of commercial.
-The Zoning Code, Building Code and Fire Code all apply.
-A variance could be applied for on property that did not meet the requirement of a 30 foot buffer
yard.
- Restrictions for converting are onerous enough that not many would be allowed.
- Need to not permit by right, if there are conditions that cannot be met.
- Looking at other jurisdictions, typically in residential zones religious institutions are self-
locating on large lots to be able to meet requirements. Being permitted does not mean being
allowed in all circumstances.
-Costs to convert a residence and meet all requirements would be high. They have a right to
apply, but all factors must be met.
-A code that permitted use, but with impossible requirements would not be right.
-The Code already in place presents protections for compatible situations.
- By permitting by right it precludes residents from participating in the approval process.
- Federal law protects religious institutions from substantial burden or exclusions proposed by
zoning. A CUP is a substantial burden.
PUBLIC HEARING opened at 7:30 p.m.
Dick Johnson, 10151 N. Inverrary, supports the change and thinks most things talked about here
would not come to pass in the developed areas. He would recommend some flexibility be
developed within this code based on the situation, size of lot, surround neighbors, height
restrictions, etc. This is a good change and will help meet the legal requirements.
A letter from Don Cox was presented and will be included as part of the record.
PUBLIC HEARNG closed at 7:32 p.m.
MOTION: Commissioner Bistany MOVED to recommend approval of OV7-06-04,
amendments to the Oro Valley Zoning Code Revised to include religious institutions as a
permitted use in all zoning districts except Parks and Open Space,to replace Church,
Synagogue, or Temple with Religious Institution in Chapter 31, Definitions,to eliminate the
"C" (Church)from the PS&C zoning district and including attachments A and B.
Commissioner Paolino seconded the motion.
Discussion:
Commissioner Adler will vote against the motion. The law requires treating religious institutions
equally but not preferentially. By indicating that a use is permitted and not factoring in elements
3
of Section 25.1 regarding noise and 27.7 regarding off street parking, it is badly worded and not
fairly applicable. The equality issue is important. In a small residential lot subdivision where an
existing home might be acquired and converted, a CUP is treating the use equally and is
defensible.
Chair McKee said if in a residential area with a large acreage, the residential standards apply.
There is the possibility that a rezoning could be applied for subject to the General Plan.
Ms. More said there are two circumstances where there might be some flexibility: one
is architectural features no more than 10 ft. above the height limit of the zone are allowed as long
as they are integrated and made part of the design. DRB has that flexibility. The other is on sites
with an average cross slope of 6% or greater, the height may be measured in a different way.
Other than that there is no flexibility.
Motion carried with 3 yes, 1 no. Commissioner Adler voting no for reasons stated above.
7. Discussion of July and August Planning and Zoning Commission meetings.
Ms. More asked the Commission whether or not to have the July 3 meeting. Staff is preparing to
bring forward RV NH 3 General Plan Amendment in July which requires two public hearings on
different days and at different locations.
Commissioner Adler asked that a Study Session on the plan amendment and a site tour take
place in advance of the formal hearing.
Commissioners will be polled to determine possible meeting dates.
8. Future Agenda Items
-Capital improvements program should have been reviewed. Ms. More said the committee has
already made its recommendation and forwarded to Council. Staff will ask the Finance Director
to give a presentation.
-Tentatively in July there is a minor plan amendment for the northwest corner of Tangerine and
La Cholla Blvd. and associated to that request, an amendment to a riparian area.
-CUP for a Communication facility.
- In August schedule a discussion of the Work Plan.
- In August give a Budget report.
9. Planning Update
- Notice-advertising in AZ Star vs. Territorial for rezoning and planning amendments:
1/8 page in Territorial $35.00
1/8 page in Star$539.
Currently the advertising budget is $2500, and it is anticipated going several hundred over this
year. We have added additional funds into next year's budget.
-American Institute of Architects (AIA) Southern Arizona Chapter has gotten an Urban Land
Institute grant to bring a sustainable design assessment team in, who will be holding public
charette sessions. They will be talking about the environment, green energy, renewable energy,
etc. Public sessions are 6/11 afternoon and 6/12 morning.
-Steam Pump Ranch: TOV staff from Planning, Public Works and Parks, have been cleaning up
the area to make it safe. Fencing and No Trespassing signs are up. Poster-Frost team is doing
assessments for immediate emergency stabilization. Trees have been trimmed and areas
4
cleaned up around buildings so there is easier access. Trying to secure contractor to do the work
to protect the buildings from monsoon damage. Project will take about 18 months. TOV
requested 2008 bond funds of$5 million to restore buildings. Master planning will probably occur
this fall.
- Reappointments to Commission: has not been advertised. Those Commissioners who are up
for reappointment have sent in their letters. Ms. More will check to see if citizens can apply and
be interviewed.
10. Adjourn Regular Session
MOTION: Commissioner Paolino MOVED to adjourn the Planning and Zoning Commission
meeting. Commissioner Bistany seconded the motion. Motion carried unanimously,4:0.
Meeting adjourned at 8:20 p.m.
Prepared by:
Diane Chapman, Office Speciali-t
5
