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HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 1/3/2006 MINUTES PLANNING COMMISSION REGULAR SESSION JANUARY 3, 2006 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:00 PM CALL TO ORDER ROLL CALL PRESENT: Chair John Anning Vice Chair Pete Bistany Commissioner Bill Adler Commissioner Don Manross Commissioner Teree Bergman Commissioner Doug McKee Commissioner Honey Pivirotto ALSO PRESENT: Mayor Paul Loomis KC Carter, Council Member Barry Gillaspie, Council Member Sarah More, Planning and Zoning Administrator Joe Andrews, Town Civil Attorney Dee Widero, Senior Zoning Inspector CALL TO THE AUDIENCE opened and closed at 6:02 p.m. There were no speakers. Chair Anning welcomed and introduced Sarah More, the new Planning and Zoning Administrator. MINUTES MOTION: Commissioner Adler MOVED to approve the December 6, 2005, Planning and Zoning Commission regular meeting minutes as submitted. Commissioner Bergman seconded the motion. Motion carried 7 yes, 0 no. 1. PUBLIC HEARING, OVO4-05-04, BONNIE RABIN AND JEFFREY DANIS REQUESTS APPROVAL OF A TYPE II HOME OCCUPATION PERMIT TO CONDUCT A BED AND BREAKFAST (B&B) SERVICE. PROPOSED BUSINESS LOCATION (PARCEL #220130860) AT 1280 E. EL CONQUISTDOR WAY, ORO VALLEY, AZ 85737 Dee Widero, Senior Zoning Inspector gave the Staff Report. There was no Traffic Impact Analysis available, but Ms. Widero had spoken with the Engineering Department, and they felt there would not be any traffic issues. This property is in an R- January 3, 2006 Approved Minutes, PLANNING AND ZONING COMMISSION 2 4R zone, which is a resort district. It is intended to provide accommodations for seasonal visitors. Included in the permitted uses are guest ranches, hotels, motels and resorts. Comment letters that came in after the report was written were distributed to the Commission. Letters received were from Mr. Gene Wickey on behalf of Robert and Gina Allard (opposed), and John and Brigitte Pendleton (opposed). There was also an email from Commissioner Adler. Ms. Widero responded to Commissioner McKee's question that approximately 100 notices were sent out to surrounding property owners. Commissioner Adler asked how Staff differentiates between hotel/motel, which is permitted for a Home Occupation Type II, and boarding house, which is not permitted. There isn't a definition of a Bed and Breakfast in the Zoning Code. He doesn't know what requirements ought to be placed on a Bed and Breakfast so as to be able to approve it. What standards apply? Ms. More said there was clearly no intent to label this project as a resort hotel. The differences between a boarding house and a bed and breakfast are: A boarding house is a fairly large house with one common dining area, with individual rooms let out to • people to rent. Renters lived there, and ate in common facilities. Per the Zoning Code, it is multiple human occupancy. Individuals do not have common access to all areas of the structure. The bed and breakfast does not have to have a connecting doorway, but could be a separate guest house on the property. Food service is an incidental issue with respect to the bed and breakfast. Applicant Jeffrey Danis said Mr. Adler stopped by Sunday morning to look at the place. The intent is to run it as a Bed and Breakfast. Traffic has not been a problem.; There would only be one person or a couple renting the place with one car coming in and out for lodging for the night. Regarding strangersin the area, it is a resort area and there are strangers coming to stay at the hotel and golf villas. We intend to be a good neighbor and a part of the community. Mr. Danis responded to Commissioner Bergman that the business was already operating on a limited basis when they bought the property. They were surprised that the previous owners had not already obtained permits. He and Ms. Rabin have been working to remedy that. When he went in originally to obtain permits, he was advised that he was in a resort area and could have people stay there. Mr. Danis told Vice Chair Bistany that his definition of a Bed and Breakfast would be a guest or two staying for a number of evenings, from a few days to a month. Individuals would have access through a separate entrance with their own parking area. They would not have access to the area he and Ms. Rabin are in nor the back yard. The only meals would be a Continental type of breakfast provided within the unit. The unit has a kitchen with a stove. Ms. Rabin said originally they wanted the space for their children when they came to January 3, 2006 Approved Minutes, PLANNING AND ZONING COMMISSION 3 visit. The space sits empty the rest of the time, so it seemed like a Bed and Breakfast was a good idea. She suggested checking the Web for Arizona Association of Bed and Breakfasts for their definition and requirements. She felt the project meets generally all of the requirements except most Bed and Breakfasts have more than one bedroom to let. She is looking at providing a nice Continental Breakfast and offering to provide for special dietary needs. She may also have specialty coffees. PUBLIC HEARING opened at 6:20 p.m. Gene Wickey, and Robert Allard, 1300 E. El Conquistador Way. There might be a lot of great places in Tucson or Oro Valley to carry on a Bed and Breakfast, but this is not one of them. Items of concern: • • Residential area with families and children. • Street is extremely narrow. - • Ido area for parking cars. • No sidewalks. • Cannot turn around without pulling into private property. • No need for a Bed and Breakfast. • Business would generate unnecessary traffic on a private street which is maintained by the homeowners. • ,.Would create a safety concern for residents and children. • potential foruests trespassing • Was notlanned for a commercial 'enterprise and is an untended and improper p p use of this property. Bud Watson, 1286 E. El Conquistador Way. He agreed with Mr. Wickey and.-would like to clarify that the street is really a driveway. The driveway cuts across the property of several of the six. or seven homes. There is an easement that each homeowner gives for access to the other homeowners and their guests. There is nothing in the easement that provides for commercial access to a commercial business. Sandy Watson, 1286 E. El Conquistador Way. She is just to the west of the project. She is undecided, but it is a private road with very limited access. The guest house is right above the garage she is constructing. She is concerned about what kind of background checksyou have on the people le that maybe comingin. There is no g p p common ground for them to go wal.k on. What may this evolve into in the future? Michael Evans, 1270 E. El Conquistador Way. He has great reservations about this. This is a lane or driveway, not a street. It is residential. What may happen when these people sell and move on? There is not much traffic at this point. PUBLIC HEARING closed at 6:30 p.m. Mr. Danis assured the speakers that there is one unit now and there is no intent of expanding into a boarding house or massage parlor. He does not know if the street is a driveway or lane, but it is a private road. There is an easement and people have been going back and forth. January 3, 2006 Approved Minutes, PLANNING AND ZONING COMMISSION 4 Ms. Rabin said she is a nutritionist and has a certification in Shiatsu which is acupressure, and falls under the licensure of massage. She has her Arizona license. She wants to mention on the Bed and Breakfast website that this is available. Most of her work is done long distance. She would be happy to forgo the massage and nutritional work if that is an issue. The breakfast may evolve into more, but not the rental. Commissioner Adler asked Ms. Rabin if by providing food to people who rent the room, she would anticipate commercial vendors or suppliers coming to provide food services or other facilities that are connected with that kind of daily service. Ms. Rabin said she would do her own shopping and was also the maid. There would be nothing like that coming to the house. Commissioner Adler asked Ms. Rabin if she would determine the types of food preferences guests have when they arrive and provide that. Ms. Rabin assured Commissioner Adler that she would find out what guests would like, i.e. foods that are ready to go, and provide that. She may take coffees down if that evolves. She would be happy toagree that they are definitely not going to expand the square footage or create rooms. Ms. Rabin told Commissioner Bergman yes, the guest unit had a separate entrance. The guests will have a key to come and go whenever they want. Commissioner Bergman asked if Staff ff knew what the terms of the easement might be . and who is responsible for its maintenance. • 41 ♦ r Attorney Andrews told Commissioner Bergman that we don't know what it says or who is responsible, but we do know that these are not public streets or Town streets. He doesn't know if the Town is involved in the easement. Commissioner Bergman was concerned that one resident might expanded their use in a way that might create expense to, other neighbors in terms in upkeep of the:easement. by having additional traffic on a private drive. Mr. Danis said the road is private and owned jointly and to be maintained by all of the individuals who own property on that road. He cannot imagine a car or two causing extra problems with the road. Certainly if issues were caused by a guest oftheirs, they would be responsible and would address that particular issue. Parking for the guests is way off the street and is protected by trees and bushes. Turning around can certainly be done in that driveway. Commissioner Bergman asked how many trips in per day were associated with a Bed and Breakfast use. Mr. Danis said the guests they have had, have left in the morning and returned in the evening. January 3, 2006 Approved Minutes, PLANNING AND ZONING COMMISSION 5 Vice Chair Bistany said an easement doesn't necessarily mean everyone is involved in the maintenance of the whole easement, only in what has been granted to you. Additional traffic on the easement may work in a negative manner to the other people on this easement. Mr. Danis said there is no HOA. Each of the individuals who live past him drive over his portion of the easement. At sometime we will all get together and decide to fix the road. It is a paved road and wide enough for Waste Management to get in and out on their runs. He does not think the extra traffic will make an impact. Commissioner Adler asked if the current property owner sells and new property owners come in, what conditions would pertain? His understanding is that a home occupation permit would not go with the land, but with the owner. Ms. More assured Commissioner Adler that he was correct. The Commission is well within the bounds of their authority to establish specific conditions, especially those that the applicant has offered. Commissioner Adler was still concerned with the literal definition provided in the Zoning Code for boarding house. He respects anybody's interpretation of what those words might mean, but the literal meaning would seem to apply directly to what Ms. Rabin and Mr. Danis are proposing. He asked for further differentiation between a boarding house and a Bed and Breakfast in terms of the accommodations. Ms. More said that it is very clear in the Zoning Ordinance that a Bed and Breakfastis is allowed as a Home Occupation in this district. In addition, a boarding house is allowed L. . in this district as a conditional use. A boarding house is typically a longer term living situation on the part of the person renting the room. A Bed and Breakfast is clearly related to the lodging industry and typically has short term renters. The number of trips is generally less traffic than a dwelling unit itself would generate. Average trips per single family house is 10 trips per day. Commissioner McKee said most of the houses surrounding this property have the same R-4R zoning. Could these other houses establish Bed and Breakfast use as well? Ms. Widero said yes. • MOTION: Commissioner Adler MOVED to approve OV4-05-04, request for a home.occupation to conduct a Bed and. Breakfast service, adding the following conditions, that the Bed and Breakfast service be limited to the existing one bedroom unit that is available and that there not be any future expansion of commercial activity beyond what is presently proposed. Commissioner Manross seconded the motion. Discussion: Commissioner Adler visited the property because he had several questions which were answered when he walked the property, one of which was the traffic. There is adequate space in the paved parking area adjacent to the January 3, 2006 Approved Minutes, PLANNING AND ZONING COMMISSION 6 home for visitor parking and turnaround. He was satisfied that there would not be a need for any visitors to travel the road itself, but would enter the road to access the property's driveway. The issue of interpretation of the Zoning Code was his other concern, which we have tried to clarify this evening. Motion carried 7 yes, 0 no. 2. PUBLIC HEARING OV4-05-04a, BONNIE RABIN REQUESTS APPROVAL FOR A TYPE II HOME OCCUPATION PERMIT TO CONDUCT A NUTRITION COUNSELING AND MASSAGE THERAPY (SHIATSU MASSAGE — FINGER PRESSURE) BUSINESS. PROPOSED BUSINESS LOCATION (PARCEL #220130860) AT 1280 E. EL CONQUISTADOR WAY, ORO VALLEY, AZ 85737 Ms. Widero gave the Staff Report There have not been any comments on this portion of the case. PUBLIC HEARING opened at 6:50 p.m. Michael Evans declined to speak on this item stating his concerns have been satisfied. Bud Watson, 1286 E. El Conquistador Way. His only concern and question was if this segment of the business includes multiple people coming for classes. He was still not totally clear if there would be classes, clinics, etc. Sandy Watson, 1286 E. El Conquistador Way. In the future would the business grow and have added personnel? Wouldithere be classes, etc. PUBLIC HEARING closed at 6:55 p.m. Ms. .Rabin since moving here from the Northeast, she averages 1 to 2 people a week coming to her residence for face-to-face. counseling. She does 95% counseling as opposed to the pressure point work. She_would be willing to guarantee no classes, no clinics, and no personnel. She would also be happy to say 1 or 2 people per week. She does most of her work via email toclients back east. She is not interested in expanding. Commissioner McKee asked if there was any planned signage. Ms. Rabin said not at all. MOTION: Vice Chair Bistany MOVED to approve OV4-05-04A, request for a home occupation to conduct a Nutrition Counseling and Massage Therapy , Business subject to the following conditions: there will be no classes, no clinics and no outside employees, and the number of clients is limited to one or two per week. The business would be limited to the room indicated on the application. Commissioner Bergman seconded the motion. Motion carried 7 yes, 0 no. January 3, 2006 Approved Minutes, PLANNING AND ZONING COMMISSION 7 PLANNING UPDATE Ms. More said she planned to have an update at the next meeting. ADJOURN REGULAR SESSION Meeting adjourned at 7:00 p.m. Respectfully submitted, • Diane Chapman, Recording Secretary