HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 11/1/2005 APPROVED MINUTES
PLANNING COMMISSION
REGULAR SESSION
NOVEMBER 1, 2005
TOWN COUNCIL CHAMBERS
11000 NORTH LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
ROLL CALL
PRESENT: Chair John Anning
Vice Chair Pete Bistany
Commissioner Bill Adler
Commissioner Don Manross
Commissioner Teree Bregman
Commissioner Doug McKee
EXCUSED: Commissioner Honey Pivirotto
Also Present: Mayor Paul Loomis
Town Manager Chuck Sweet
Helen Dankwerth, Council Member
Conny Culver, Council Member
Barry Gillaspie, Vice Mayor
K.C. Carter, Council Member
Terry Parish, Council Member
Brent Sinclair, Community Development Director
Joe Andrews, Town Civil Attorney
Bayer Vella, Principal Planner
CALL TO THE AUDIENCE opened at 6:02 p.m.
John Mitchell, 1459 W. Fairway Wood Court, presented a handout (see attached)
regarding the proposed location of a Golder Ranch Fire District fire station at Lambert
Land and La Canada, which is an issue on the December Planning and Zoning
Commission meeting agenda. He represents neighbors that have been working with
Chief Fink. The neighbors initially opposed the location of the fire station at the time of
the grading request which was approved by the Town Council. By approving the
grading of the location in a horseshoe shaped hill, it will focus the hill at our community,
at the children's daycare center and at Walgreens, and will force a lot of the diesel
odors and noise to be amplified into the neighborhood. While the Fire Department has
offered to mitigate that noise as much as they can, because we sit up above it and
because of the horseshoe shape, we have serious concerns whether anything they do
is going to mitigate it completely. The biggest concern is that the proposed project is
too large for the location. It creates safety and traffic problems, and noise, air and
lighting pollution. We have not yet decided as a group if we will oppose this at the
November 1, 2005 Approved Minutes, PLANNING AND ZONING COMMISSION 2
meeting next month or not. We are trying to work with Chief Fink and recognize when
the Council approves something they feel it is viable. Problems we have run into are
that we cannot find a clear plan by Oro Valley of how they allocate fire services. The
area is apparently served by three fire companies: Golder, Rural Metro and Northwest.
This is confusing and we are trying to work with Staff to figure what the Oro Valley
approach to the whole fire service situation is.
Call to the Audience closed at 6:05 p.m.
MINUTES
Commissioner McKee brought up the fact that when the Commission misses a meeting,
it is difficult to remember what went on at the last meeting when reviewing the minutes.
In the future draft minutes will be emailed to the Commissioners as soon as completed.
MOTION: Commissioner Bergman MOVED to approve the September 6, 2005
Planning and Zoning Commission regular meeting minutes as written.
Commissioner McKee seconded the motion. Motion carried 6 yes, 0 no.
1. PUBLIC HEARING, OV9-05-08A,, LEWIS AND ROCA LLP, REPRESENTING
JOHN SIMON, REQUESTS APPROVAL OF AN AMENDMENT TO THE STEAM
PUMP VILLAGE PLANNED AREA DEVELOPMENT (PAD) ZONING STANDARDS
REGARDING OUTDOOR LIGHTING FOR A PERFORMANCE AMPHITHEATER
WITHIN A 41 ACRE COMMERICAL DEVELOPMENT, LOCATED ON THE WEST
SIDE OF ORACLE ROAD IN PROXIMITY TO EAST HANLEY BOULEVARDE AND
THE HONEYWELL SITE, PARCEL NUMBERS 220-08-001P & 1Q, 220-11-003A, AND
220-04-009E & 9C.
Mr. Sinclair introduced the project applicant.
Carl Kilgore, Project Architect, 8250 E. Broadway, Tucson. The applicant is seeking an
amendment to the Steam Pump PAD regarding a portion of the Steam Pump project
relating to the lighting code, Section 27.5.H, referencing outdoor recreational facilities.
The proposed use is for an outdoor plaza and performance venue which will house
theatrical and musical performances, artisan exhibits, cultural events and community
social gatherings. Three aspects of lighting were discussed: stage, plaza or house,
and artistic.
The section of the Code this facility should be considered under is the recreational
facilities of the lighting code, specifically referenced to athletic fields, courts and tracks
being exempt from the total lumen count. There is no reference to a performance
facility in the lighting code. Applicant wishes to get this particular facility considered
under the recreational provisions and compliance with aspects of that provision.
The entire area of the Steam Pump Village project is 41 acres. The proposed area
under the amendment is 15,675 s.f., which represents 9% of the entire project. The
plaza, seating area and stage are located between buildings #3 and #4. Zone A is the
November 1, 2005 Approved Minutes, PLANNING AND ZONING COMMISSION 3
2.5 acres Mr. Kilgore's client owns and is everything outside the plaza. The building
lighting and parking lighting (Zone A) are not part of this request for amendment.
See PAD Amendment conditional language in the Steam Pump Village PAD
Amendment Request, bulleted paragraphs on pages 2 and 3.
Mr. Kilgore's Power Point presentation detailed the various forms of lighting: stage
lighting, plaza lighting and artistic lighting. The presentation showed the type of lights,
where the lights would be located, where they were focused and their spread, how they
were operated, how they were shielded, and total lumens.
The lighting for the plaza area is essential to circulation, exiting, security and life safety.
Not all the lights are on at the same time. There would be a pre and post performance
where the house lights and the accent lights arel on and the theatrical lights are off.
Once the performance begins approximately 50% of the theatrical lights that are outside
of the stage would be on and about 80% of the accent lighting.
Included in the PAD Amendment conditional language would be that the hours of
operation for Zone B are between 6:00 a.m. and midnight, with illumination after
midnight to be permitted for completing a scheduled event that was unable to conclude
before midnight due to unusual circumstances and for shutting down purposes.
The applicant felt that the combination of the design and lighting gives an enhanced
cultural and dining experience to the project. It would be an invitation to World class
performers. Oro Valley would be a premier location for cultural events.
Mr. Kilgore replied to Commissioner Adler's question, that there would be more than just
musical performances, but it is limited because there are no provisions for theatrical
backdrops.
Commissioner Adler said that musicians don't require a lot of light, so what is the need
for more lighting?
Mr. Kilgore replied that a lighting consultant from the University of Arizona designed the
lighting for this project based on his experience in the industry. In the initial analysis it
was determined that provisions of the code could not be met as written outside of
recreational facilities. Staff was asked if this could be considered as a recreational
facility because of the lighting being provided. For the stage to be functional for various
performance a certain amount of lumens are required.
Mr. Kilgore told Commissioner Adler there was nothing in Arizona like this that the
Commissioners could tour.
Mr. Kilgore replied to Commissioner Bergman that most venues would not go on until
midnight. That was a boundary laid out by the lighting code. Most venues would end
about 10:00 p.m. with shutdown for another hour or so.
November 1, 2005 Approved Minutes, PLANNING AND ZONING COMMISSION 4
Mr. Kilgore told Vice Chair Bistany that the intent is for year round events. Weather
would play a part in functions. The background image in the presentation does not
accurately reflect the sky as it does not take into account the Tucson ambient light.
Mr. Kilgore responded to Commissioner McKee's question, that without increasing the
tower height, which is limited by the height restrictions, the spotlights could not go
higher to provide more of an angle. The ones on the poles on the side have to be
accessible to get to the light fixture. The Follow Spots are manned in the two towers on
each side of the plaza.
Mr. Kilgore told Commissioner Manross that the consultant said this project's lighting is
more extensive than Reed Park Bandstand because of dealing with a lighted plaza.
Mr. Kilgore told Commissionr Manross that the festoon lights with 500 linear feet and 2
foot spacing have a lumen value of 2,145. The intent is to give area lighting for people
in the audience so they can move in and out of the facility.
Mr. Sinclair gave the Staff report. The Steam Pump PAD Phase 1 was approved by the
Town Council May 19, 2004. Within Phase 1 is the performance plaza. This can be
summarized into three part:
(1) Zone B performance area. The request is to categorize the lighting in the same
manner it would be in other sections of the Code dealing with recreation areas.
It would enable the lumen count to exceed the Town lighting code within limits.
The main areas where it exceeds is with the spotlights. Because the spotlights
are directional there is language in the proposal that there will not be any
spillage. There is also language that there will be no lighting above the
horizontal plane that extended from the stage roofline downward.
(2) Outside lights on the east and west walls of the performance plaza are uplights
which the Code does not permit. To mitigate, the lights will be shielded. The
festoon lights will also have to be shielded.
(3) Regarding hours of operation, it is suggested that the performance plaza be able
to fall under the same guidelines in the lighting code for recreation areas,
specifically E3 areas which are commercial areas. Entitled hours would be 6:00
a.m. and midnight with some extensions if needed to conclude the performance
under unusual circumstances.
The whole approach has been to capture the uniqueness of this performance plaza and
its needs for lighting and mitigate areas where there is excess or spillage with screens
or canisters in a manner that meets the intent of the Code.
Commissioner Adler asked if creating an entertainment zone was considered rather
than manipulating the recreational code to include something which is of an
entertainment nature?
Mr. Sinclair responded that in essence we have created its own thing. There is no way
it can fit into any other section of the Code. That is why the PAD is being amended and
fashioned in this manner.
November 1, 2005 Approved Minutes, PLANNING AND ZONING COMMISSION 5
t
PUBLIC HEARING opened at 6:50 p.m.
List of speakers:
1. Deborah Clark, 11250 N. Flying Bird (opposed)
2. Frank Ali, 11370 N. Charoleau (opposed)
3. Michael Barry, 11311 N. Charoleau (opposed)
4. Karen McRae, 11473 N. Copper Belle (opposed)
5. Elle Durham 11510 Copper Belle (opposed)
6. Ernie Malachowski, 11433 N. Charoleau (opposed)
7. Thomas Follett, 11380 N. Flying Bird (opposed)
8. Lawrence Casper, 11395 N. Flying Bird (opposed)
9. Frank Engle, 11221 Charoleau (opposed)
10. Denise Kilbury, 11530 N. Charoleau (opposed)
11. Roni Sabato, 11495 N. Flying Bird (opposed)
12. Pam Sabato, 11495 N. Flying Bird (opposed)
13. Kathy Flannigan, 11350 Flying Bird (opposed)
14. Cathy Casper, 11395 N. Flying Bird(opposed)
15. Patricia Denny, 10810 N. Eagle Eye Place(opposed)
16. Tom Coldren, 11340 Charoleau (opposed)
17. Art Segal, 10148 N. Bighorn Butte Dr. (opposed)
18. Brady Buckley, 11526 N. Civano Place (opposed)
19. Mike Nickles, 1550 N. Charoleau (opposed)
20. Larry Barrett, 11470 N. Charoleau (opposed)
21. Walter Craig, 11510 N. Charoleau (opposed)
22. Alex Heinz, 11506 N. Civano Place (opposed)
23. William Von Fabraice, 11455 Flying Bird Drive (opposed)
24. Jordan Madison, 11573 N. Copperbell Place (opposed)
25. Alan Dankwerth, 11515 N. Flying Bird Dr. (opposed)
26. David Kyle, 11511 N. Civano Place (opposed)
27. Joyce Rychener, 12636 N. Deer Print
28. Paul Parisi, 363 E. Sunburst Place
29. Richard Feinberg, 1451 E. Triton Place (undecided)
30. Steve Henderson, 63110 E. Harmony Drive, Saddlebrooke (undecided)
31. Joe Frannea, 8002 N. Sendero De Juana (undecided)
32. Al Cook, 11570 N. Skywire Way (supports)
33. Tom Moser, 1090 W. Graythorn Place (supports)
34. Jim Kriegh, 40 E. Calle Concordia (supports)
Concerns/comments voiced by speakers either for or against:
• Lighting "effect" intrusive
• Concern about type of performances, i.e. rock and roll, heavy metal, etc.
• Objection to lighting that does not meet Code, including any uplighting
• Opposed to lighting and noise after midnight.
• Concerned about impact on astronomers
• Objection to variance allowing hours of operation beyond 10:00 p.m.
• Opposed to lights and noise after midnight
November 1, 2005 Approved Minutes, PLANNING AND ZONING COMMISSION 6
• Opposed to variance in time element.
• Concern about adverse affect on quality of life
• Concern about adverse affect on economic health and property value
• Doesn't want to look down from his property and see lights and hear sound
• Concerned about growth at expense of fellow citizens.
• Erosion of dark sky from refracted light.
• Opposed to increased lights and time beyond 10:00 p.m.
• Will be unable to see the stars because of lights.
• Doesn't want to listen to someone else's music all the time.
• Opposed to noise, timing and lighting.
• Don't compromise at expense of what neighbors will have to endure.
• Development will be an eyesore.
• Will be unable to use telescope.
• Build this beautiful facility but meet the zoning codes.
• A unique center which will enhance quality of life.
• A benefit to the community for years to come.
• Oro Valley is art deprived. The children need this facility.
• Children should know "the stars in the sky and the stars of arts and music."
• Benefit to all citizens: children, middle-age grownups and older people.
• Opposed to performances going until midnight or after. A lot of noise.
• Property values will go down.
• Who will limit and monitor lighting?
• Noise will reverbrate off the mountains.
• 100% against project.
• Concern with proposed lumen per acre cap and extending hours used.
• Concerned with light trespassing in neighboring areas and into the sky.
• Reflective light is a concern.
• Light pollution will diminish usefulness of southern Arizona for astronomy.
• Outdoor lighting codes do not contemplate surrounding reflective surfaces.
• Opposed to hours of operation and any variance approval.
• Against variances proposed.
• Wonderful opportunity for project but not a cost of destroying our dark skies.
• Guidelines need to be laid out. No laser shows, rock bands, etc.
• Need good buffering.
• Children are excited about a place to perform.
• Project will bring class and culture.
• Apply the codes we have.
• Excited about project, but it needs to limit types of performances, their lighting
and timing.
• More reasonable daylight hours should be involved.
• Don't offer a variance, stay within the Code.
• Will look straight down at the lights and will hear all the noise.
• Opposed to any variance.
PUBLIC HEARING closed at 7:45 p.m.
November 1, 2005 Approved Minutes, PLANNING AND ZONING COMMISSION 7
Commissioner Bergman asked Mr. Sinclair to clarify the definition of a PAD versus a
variance. The Planned Area Development (PAD) is a particular zoning for a particular
area. The Town is classified into the different zoning districts. The Steam Pump Village
has its own zoning; its own PAD. The request is to amend the PAD for the purpose of
allowing lighting specific to this performance plaza. It would not pertain to any other
area in Oro Valley. A variance could be requested and/or granted anywhere else in any
zoning district.
Commissioner McKee asked how much different this proposal is than our current code
with respect to the light pollution. Does what is being proposed meet our current
codes?
Mr. Sinclair answered yes and no. We have certain codes that pertain to recreational
facilities and to commercial facilities. What is being proposed is neither. Spotlights
generate an incredible amount of lumens, but if they are directed and shielded, then
they may not create any light pollution. He is not an electrical engineer so he cannot
answer that question. With respect to the festoon lighting, code provides that they
should be shielded. The applicant has provided a way to shield the festoon lights,
therefore they will meet the code. The uplighting on the east and west walls of the
facility is not allowed in the code. They are providing a measure to shield the top
portion. There may be reflection or refraction. Staff has tried to address differences
between what is proposed and what is in the code.
Mr. Sinclair told Commissioner McKee there are people skilled in analyzing lighting and
it may be a possible to have one give a report.
Commission Bistany felt it is incumbent upon the applicant to demonstrate some
visualization for the lighting impact of this increase. He cannot visualize the impact. He
has never voted for anything he can't visualize. A presentation should be made to show
the impact.
MOTION: Commissioner Adler MOVED to continue this item to our next meeting
to give the applicant and staff an opportunity to reconsider how the case needs
to be made for the increased lighting (amendment to the PAD) and to consider
restrictions based upon the hours and the type of uses contemplated for the
Performing Arts Plaza and other matters. Commissioner Bergman seconded the
motion.
Discussion:
Mr. Kilgore requested that a vote be given on this issue tonight, either up or down. The
season for acquiring acts for the venue is now. Acts need to be secured 1 to 1 1/2 years
in advance. If there is a continuance that window of opportunity disappears and it
would be two years before having acts for the facility.
Commissioner McKee stated that this is breaking new ground. There is a hole in the
code that doesn't cover this kind of usage and it needs to be fixed. Whatever is done
sets a precedent and establishes a template for the next time. There will be a next
November 1, 2005 Approved Minutes, PLANNING AND ZONING COMMISSION 8
time because of the Naranja Park site. This needs careful consideration. There has
not been enough information or study of this to make a decision at this time. He will
support the continuance.
Commissioner Bergman said she seconded the motion because like Commissioner
Bistany, she doesn't have a frame of reference for what this lighting will look like;
therefore, she could not vote for or against it with good conscience. It is not clear to
her what the process was for designing this particular lighting package. The hours
need to be addressed. We need to know what really is needed for a venue of this
type. It may not be appropriate to try to fit the recreation standards to this use. One of
the good things about a PAD is that it allows for custom design for specific projects.
Commissioner Manross stated that this project is a great project and is needed, but
there are too many problems with it right now. The owners want a vote now, but may
not like the outcome. The applicant should go back and revisit the hours of operation,
the uplighting, the outside lighting for performances, how it will be controlled, etc. This
project is needed, but right now it is not good for the Town.
Chair Anning called for a vote on the motion.
Motion carried 6 yes, 0 no.
BREAK: 7:55 to 8:00 p.m.
2. PUBLIC HEARING, OV7-05-10, AMENDING THE ORO VALLEY ZONING CODE
REVISED SECTION 23.4 AND 23.7, TO ADDRESS BUILDING HEIGHTS
STANDARDS WITHIN AN R-4R RESORT ZONING DISTRICT
Mr. Vella gave the Staff report.
Commissioner Adler said the impact of height is a function of its high visibility location
or its adjacency to a scenic area, which any revision to the code should take into
account. Factor in where the resort is located and the impact to height as a function of
its high visibility location or its proximity to highly valued scenic areas, i.e. peaks,
ridgeline, foothills, etc.
Mr. Vella agreed. The Oracle Road Overlay District does factor that in and requires a
viewshed analysis and works with arranging the building in a manner to preserve
viewsheds. Typically resorts seek a PAD. The challenge is how to address new resort
development and at the same time recognize the potential of three resorts being in
Town and making sure they are not non-conforming. The 25 feet does not
accommodate a ballroom or conference center.
Commissioner Adler said the three resort are all built far enough away from major
thoroughfares so even though they exceed the present height limitation, they don't
impact visually. He would be reluctant to approve anything that would allow something
in the future to be built without considering viewshed and high visibility locations.
November 1, 2005 Approved Minutes, PLANNING AND ZONING COMMISSION 9
Height is sometimes used for advertisement and he would be against that reason for
height.
Mr. Vella replied to Commissioner McKee that there is not an expiration date on the
Rancho Vistoso PAD. It is part of their hard zoning.
Commissioner Bistany asked if the El Conquistador was the only R-4R we now have?
Mr. Vella answered yes. It is taking a look at the El Conquistador Resort which
currently, built in Pima County, doesn't meet that standard. Within the Town's
annexation goal boundaries there are two resorts that may come into the Town.
Commissioner Adler wondered if it could be considered that a resort that would exceed
the present code allotment for height would require a Conditional Use Permit. So not
only the height is justified, but its location and suitable for the immediate area could be
looked at specifically.
Mr. Vella deferred that question to the Commission.
PUBLIC HEARING opened at 8:15 p.m.
Faith Barry, 7510 W. Desert Tree Drive. She is a resident of the Westward Look HOA
and she deferred to the president of the association.
Mike Lembo, 3 E. Old Ina, passed.
Carol Brown, 9814 N. Ridge Shadow Place. (unintelligible on tape) She wondered if
this would affect just the ballroom or the other rooms as well. When they built their lots,
they were told that the view would not be impacted. If added on to, she would be
looking into the hotel bedroom windows. Parking lots and the ballroom have been put
in. If allowed to go up it would add insult to injury.
Norma Lackow, 328 E. Desert Tree Dr. She is the president of the Westward Look
Guest Ranch Association. They have had a long very pleasant relationship with the
hotel. The resort's good financial health is very important to the association. You have
to ride by the hotel in order to get to their homes. We have great concerns about
changing the ambiance of the hotel. The hotel is a posh, wild area. Anything they do
to change the wildness of the place, building it up and making it look plastic will change
the character of the hotel. We have great concerns about your changing their ability to
build up which would change the hotel's impact on us.
Constantine Sakellar, 7251 N. Westward Look Dr. For the last 45 years, 3 generations
of Sakeliar's have waved to the tour buses that came down Westward Look Drive. He
spoke in favor of matching the County translational zoning of 34 feet. Westward Look
has been a good neighbor. He welcomes the annexation into Oro Valley and believes
that this Commission does watch out for its citizens and will hold Westward Look to a
quality development. Tucson resorts are important to this Town. As an architect and
planner he understands the height requirements for resort facilities.
November 1, 2005 Approved Minutes, PLANNING AND ZONING COMMISSION 10
Jon Johnson, 7430 N. Michelle Place. (opposed) He lives just east of the Westward
Look. They are opposed to the height change. Westward Look has a nice low key
look and is not multi-story there. He believes a height change would block a lot of
people's view. We enjoy Westward Look the way it is.
PUBLIC HEARING closed at 8:25 p.m.
Mr. Vella reiterated that part of this exercise is reflecting what is existing today.
Westward Look's ballroom is 32 feet tall. El Conquistador has elements that are 30
feet tall. When a redevelopment proposal comes into the Town, the applicant goes
before the Development Review Board to specifically look at the architecture that is
being proposed. DRB has to work within the zoning code constraints. It is part of their
charge to effect changes so that we are not looking at developments that are 34 feet
across the board. They look at areas that need to be respected such as existing
residential and viewsheds. There are viewsheds requirements for the entire expanse
of Oracle Road.
Commissioner Adler would like to make a distinction between existing and proposed.
The Code for existing resorts should be allowed to exist at or below 34 feet. Any new
proposed resorts should not exceed 25 feet, the current limitation, or apply for a
Conditional Use Permit to justify that additional height which then would come before
the Planning Commission and Council.
MOTION: Commissioner Bergman MOVED to forward OV7-05-10, proposed
amendments to the Oro Valley Zoning Code Revised Sections 23.4 and 23.7.B, to
revise building height standards within the R-4R zoning district to 34 feet, to the
Town Council recommending approval. Commissioner Manross seconded the
motion.
Discussion:
Commissioner Bergman's reason for forwarding this to the Council recommending
approval is that this is the height that is allowed in Pima County for the resorts that are
directly effected by this. It is to the benefit of the Town. Thirty Four feet is not an
excessive height.
Commissioner Manross asked Staff if the three resorts already there, all being
developed under 34 feet, if they are brought in will they be grandfathered in and still be
allowed to maintain any new additions to that elevation?
Mr. Vella responded that if brought into the Town under our 25 foot standards, they
would be considered grandfathered...a non-conforming use. Their existing heights
would be respected. The impact would be that any potential expansions would be
limited to the Oro Valley 25 foot standard.
Chair Anning called for the vote.
November 1, 2005 Approved Minutes, PLANNING AND ZONING COMMISSION 11
Motion carried 5 yes, 1 no. Commissioner Adler voted no. (The Planning and
Zoning Commission voted on 12/6/05 to allow for a correction in the minutes stating the
reason why Commissioner Adler voted no. His reasons are based on his stated
comments in the paragraphs above the motion.)
3. PUBLIC HEARING, OV9-05-10, TRANSLATIONAL ZONING OF 970 ACRES,
MORE OR LESS, THAT WERE RECENTLY ANNEXED INTO THE TOWN FROM
PIMA COUNTY RH (RURAL HOMESTEAD) ZONING TO THE ORO VALLEY
EQUIVALENT OF R1-300 (SINGLE FAMILY RESIDENTIAL) FOR PROPERTIES
LOCATED IN AN AREA KNOWN AS THE LA CHOLLA AIRPARK AND IMMEDIATE
ENVIRONS, SPECIFCALLY INCLUDING THE SOUTH HALF (S 1/2) OF SECTION 22,
TOWNSHIP 11 SOUTH, RANGE 13 EAST AND ALL OF SECTION 27, TOWNSHIP 11
SOUTH, RANGE 13 EAST, AND THE SOUTHEAST QUARTER (SE 1/4) OF THE
NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF
SECTION 28, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER
MERIDAN, PIMA COUNTY, ARIZONA.
Mr. Sinclairg ave the Staff report.
PUBLIC HEARING opened at 8:35 p.m.
Gary Lichte, 13751 N. Piper (undecided) He was given the regulations at 23.6b and
23.b for R1-300 regarding setbacks, etc. and he wanted to make sure that is included in
what is being voted on.
Mr. Sinclair said yes, what was just described is that section of the Code that described
the district regulation for R1-300.
PUBLIC HEARING closed at 8:38 p.m.
MOTION: Commissioner McKee MOVED to recommend approval of OV9-05-10,
translating zoning of all parcels indicated in Attachment 1, to the Town of Oro
Valley R1-300 district with the condition in Exhibit A. Vice Chair Bistany
seconded the motion. Motion carried 6 yes, 0 no.
4, OV7-05-11, STAFF REQUESTS INITIATION OF A PROJECT TO AMEND THE
ORO VALLEY ZONING CODE WITH REGARD TO SEXUALLY-ORIENTED
BUSINESS REGULATIONS.
Mr. Sinclair gave the Staff report. On October 5, 2005, the Town Council approved
Resolution No. R5-85 which approved a Code amendment to regulate sexually-oriented
businesses. What was not approved deals with the land use regulations of sexually-
oriented businesses providing for the specific zoning district for them to located in and
other locational considerations, etc. The issue before the Commission would be to go
through all the provisions relating to the Zoning Code issues for sexually-oriented
businesses.
November 1, 2005 Approved Minutes, PLANNING AND ZONING COMMISSION 12
Attorney Andrews stated that he came up with the other code and now it has to be
integrated with the Zoning Code.
MOTION: Commissioner Manross MOVED to initiate OV7-05-11, potential
amendments to the Oro Valley Zoning Code Revised to address sexually-oriented
businesses. Commissioner Bergman seconded the motion. Motion carried 6 yes,
0 no.
PLANNING UPDATE
• Town Council approved a Zoning Code amendment dealing with assurances and
minor land division amendments.
• Town Council will be considering the Commercial Code amendments on
November 10 at 5:30 p.m. at a Special Session.
• Mayor Loomis set a Study Session for November 9 at 5:30 p.m. to review the
Planning and Zoning Commission Work Plan.
The Commission is welcome to attend either of these above session. An agenda will be
forwarded as soon as it comes forward.
Meeting adjourned at 8:40 p.m.
Respectfully submitted,
Diane Chapman, Recording Secretary