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HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 3/6/2007 DRAFT MINUTES PLANNING AND ZONING COMMISSION REGULAR SESSION March 6, 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 Pete Bistany Vice Chair Doug McKee Commissioner Bill Adler Commissioner Ray Paolino Commissioner Clark Reddin Commissioner Teree Bergman Commissioner Honey Pivirotto 3. Call to the Audience (Non Agenda Items Only) Opened and closed with no speakers. 4. Approval of minutes for December 5, 2006. Commissioner Adler MOVED to approve the December 5, 2006, minutes as written. Commissioner Bergman seconded the motion. Motion carried 7 yes,0 no. 5. Approval of minutes for February 6, 2007. Commissioner Adler MOVED to approve the February 6, 2007, minutes as written. Commissioner Paolino seconded the motion. Motion carried 7 yes, 0 no. 6. Public Hearing: OV8-07-01, The Planning Center, representing, Tucson Electric Power (TEP), requests approval of a conditional use permit to allow for the replacement of existing power poles and electric utility wires, located along the west side of La Cholla Boulevard between Lambert Lane and Owl Head Place, and for a pole replacement on Lucero Road, east of La Cholla Boulevard. Applicant: Lawrence Lucero, 1 S. Church. Tucson Electric Power Manager of Government Affairs gave a PowerPoint presentation prepared by the Planning Center. Ms. More clarified that in the staff memo to the Commission staff mentioned a possible franchise agreement with Tucson Electric Power(TEP). TEP, Staff and Town Council had a Study Session, and Town Council has asked staff to look into it further but has not adopted a franchise agreement. Mr. Lucero said that OV Circuits#7 (Overton and La Cholla)and#24 (Rancho Vistoso) are currently overloaded. The Circuit#7 would be corrected by taking out the wooden poles and replacing with 9 metal poles and better wiring. This would take the extra burden off of Circuit#24 and enable TEP to provide better service. This would give the ability to switch circuits if needed and would make the system much more reliable. 1 Don McAdams, TEP Engineer, said during construction TEP has the ability to de-energize the line and spread the line out to put up the new pole. This shouldn't cause any outages. Mr. Lucero replied to questions from the Commissioners: -The lines being installed are sufficient to take care of load as built out. -The steel poles sustain more load than two wooden poles. - Road widening is about 5 years out, at which time under grounding will be addressed. -9 poles in the middle are being replaced. The two on the ends are not. - Under grounding isn't possible at this time. - Steel poles don't suffer damage as wooden poles do. - Poles are currently at a safe distance from the roadway in the ROW. -Going underground was not factored into this proposal. -When rates are discussed with the Commission, they don't contemplate differential rates in their franchise territory. -There will be other opportunities for partnering for under grounding lines in a couple of years. - Regardless of jurisdiction, it is important for all customers to have high reliability. Mr. McAdams said based upon low densities expected from the Oro Valley General Plan, this project(Circuit#7) will allow double capacity on the circuit and we should be able to accommodate all future customers. Circuit#24 still has room to grow. Ms. More stated that Public Works advised that the intersection improvement at La Cholla and Lambert is a spot improvement. Roadway widening is not planned at this time. Bayer Vella gave the staff report focusing on practicality and feasibility. The Commission and staff discussed funding for undergrounding, whether TEP, the Town, or some combination of both should cover costs. Safety issues relating to power pole location in the right-of-way were discussed. PH opened and closed at 7:00. There were no speakers. MOTION: Commissioner Pivirotto MOVED to recommend approval of OV8-07-01, Conditional Use Permit for the replacement of existing power poles and electric utility wires, located along the west side of La Cholla Boulevard between Lambert Lane and Owl Head Place, and for a pole replacement on Lucero Road, east of La Cholla Boulevard. Commissioner Bergman seconded the motion. AMENDMENT TO MOTION: Commissioner Paolino MOVED to amend the motion to include the condition that TEP shall pay "fair share", as determined by Town Council, of under grounding when La Cholla Boulevard is widened. Commissioner Adler seconded the amendment to the motion. Motion failed with 3 yes,4 no. Commissioners Bistany, Bergman, McKee and Pivirotto voting no. Commissioners Paolino, Reddin and Adler voting yes. The original motion carried 6 yes, 1 no. Commissioner Adler voting no. 7. Study Session, OV7-06-04, Town Staff requests amendments to the Oro Valley Zoning Code Revised to address zoning districts, requirements, and uses associated with religious assemblies and institutions Ms. More said this study session's purpose is for staff to interact with the Commission to gather ideas associated with this proposed code amendment. 2 Mr. Vella gave the staff report. He talked about the comments resulting from the first public open house regarding this issue. Chair Bistany presented a copy of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA)with full text which he asked to be copied and sent to the Commissioners. Mr. Vella said he wanted to make it very clear that the Federal law is the driving force in this draft and the entire code draft before the Commission has been vetted by Legal. Attorney Andrews stated that the government cannot pass laws to substantially inhibit your right to religious freedoms. Comments by the Commission: -Were neighborhood associations included in the stake holder meetings? Noticed but didn't attend. - Do other municipalities have conditional use permits (CUP) in their zoning codes? Yes, some do. - Potential for religious establishments locating in residential neighborhoods where they are out of scale with surroundings. - Need to handle traffic generated by larger churches. - Explore making a distinction between a residential zone and established neighborhood. - Parking and size are issues. -There should be a distinction between a church building on vacant land and buying existing built land. - Hours of operation and noise should be addressed. - How to justify additional heights? -The range of ancillary uses, especially school usage. - Narrow yard setbacks. -Consider varying standards according to residential zone. - If a church acquired an existing residential property, would the law allow a CUP for transition from an existing use to a new use? -Why not include conditional uses in all the districts? -Why is it not allowed in TP zone? -Are there any undeveloped areas where grandfathered uses might occur for churches to be located? -Concern that large subdivisions have a required church site set aside in the future. Paul Parisi, 363 Sunburst Place, suggested that the amendment be put on the consent agenda with Town Council, change conditional use to permitted use. Send it to Town Council and have them talk to the Town attorney. 8. Study Session, OV7-06-03, Amending Section 22.2 General Plan Amendment Procedures and portions of Section 22.3 Amendments and Rezonings, of the Oro Valley Zoning Code Revised. Jill Manion gave the staff report. This item was initiated by staff in order to address Growing Smarter legislation. Questions and concerns from Commissioners: - initiation process, -application for plan amendments, -due process considerations, - holding study sessions prior to public hearings, -getting advance notice of applications to the P&Z Commission, - notice provisions, - hearing all applications together, 3 -concurrent(or not) hearing of plan amendments and rezonings, -clear differentiation between major and minor amendments, and -applying conditions on plan amendments. 9. Future Agenda Items 10. Planning Update - Miller ranch rezoning Town Council heard and approved subject to conditions. The proposed CC&R's were wrapped into the Exhibit A as part of the ordinance. -We are in middle of budget season, and are trying to coordinate the work plan with budget. It is best to consider the Work Plan in the fall to have input into the budget process, which is in January/February/March. -There is about$150 available for Planning and Zoning training. We will be trying to do some in- house training to provide boards and commissions with free continuing education hours. 11. Adjourn Regular Session at 10:00 p.m. By acclamation. Prepared by: 40; eA (, (yi get,'" Diane Chapman, Office Speciali• NOTE: A complete audio of the above meeting is available at www.townoforovalley.com for one year after meeting date. 4