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HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 8/2/2005 MINUTES PLANNING COMMISSION REGULAR SESSION AUGUST 2, 2005 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:00 PM CALL TO ORDER ROLL CALL PRESENT: Acting Chair Pete Bistany Commissioner Bill Adler Commissioner Don Manross Commissioner Doug McKee Commissioner Teree Bergman Commissioner Honey Pivirotto EXCUSED: Chair John Anning ALSO PRESENT: Conny Culver, Council Member K.C. Carter, Council Member Barry Gillaspie, Council Member James Kreigh, Town Historian Joe Andrews, Civil Attorney Bryant Nodine, AICP, Planning and Zoning Administrator CALL TO THE AUDIENCE opened and closed at 6:03 p.m. There were no speakers. MINUTES MOTION: Commissioner Bergman MOVED to approve the July 5, 2005 Planning and Zoning Commission regular meeting minutes as written. Commissioner Adler seconded the motion. Motion carried 6 yes, 0 no. Item #1 was withdrawn. 2. PUBLIC HEARING — OV9-05-04, THE WLB GROUP REPRESENTING CHAPALA AND GEORGE, REQUESTS A REZONING FROM R1-144 (RESIDENTIAL WITH 144,000 S.F. LOT MINIMUM) TO R1-36 (RESIDENTIAL WITH 36,000 S.F. LOT MINIMUM) FOR PROPERTY LOCATED ON THE EAST SIDE OF LA CANADA DRIVE SOUTH OF MOORE ROAD, PARCELS 219-49-0050 AND 219-49-0060 Applicant Paul Oland, WLB Group, 4444 E. Broadway Blvd., said his client is proposing to develop 3 lots with a minimum lot size of one acre each. The proposed rezoning would allow for the development of 36,000 square foot minimum lots. There is room for August 2, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 2 three building sites on the property. Currently La Canada Drive Extension joins Tangerine Road. The proposal is to put in a 38 foot private drive from La Canada Drive Extension, with a standard town cul-de-sac on a 50 foot radius, 42 foot of pavement ,which is what the fire department has requested as a minimum. The George/Knott and. Mendoza parcels both have access rights along a 30 foot easement. Town Staff originally directed that a 30 foot easement be provided from the cul-de-sac to the George/Knott parcel and the Mendoza property through design requirements placed on the developers. The Mendoza properties are currently accessed through N. Tall Grass Drive from the South and a Stub Street from the north. Home construction is planned to begin within the next year. The custom homes will be in the range of 3,500 square feet with prices comparable to others in the area which run at about $250 a square foot. Architecturally the homes will fit in with the surrounding area is size and style. Building height will be no more than 18 feet. Acting Chair Bistany asked for the properties to be identified and was interested in the access easement to the rear lot of the George property, which runs over a sewer line easement. Mr. Oland identified the properties on the overhead screen and said the proposed split on the George parcel would take approximately one acre. Access would be an easement off of the private drive that Mr. George will grant to the purchaser. Commissioner Adler asked for an explanation for rezoning to R1-36 and not R1-43. Mr. Oland said originally when application was made four lots were considered. There will be four new lots with one existing with the George house on it. They weren't sure how much area an appropriate size cul-de-sac would take up and whether the remainder would allow splitting into 3 lots of one acre in size. Now that the applicant knows the cul-de-sac can be accommodated and still leave 3 one acre minimum lots, they would be okay with an R1-43 designation on the property. The George property currently has the George house on it and will have one additional lot on the southern end. The lots on the Chapala property are irregular and Mr. Oland did not have the dimensions with him. Acting Chair Bistany expressed concern about creating a rezoning that would landlock a lot served by an easement. Has there been consideration about doing away with the easement and creating a driveway by deeding the property to the back lot? Mr. Oland said he presumed Mr. George would be okay with that. Commissioner Manross said the Staff report recommends extending the cul-de-sac to the boundary of the Knott/George property. Would there then be 2 or 3 lots? Mr. Oland responded that the owners of the George/Knott property were approached about altering the access easement and they were not receptive to that. The fact that they are not receptive is not stated in the Staff report. If the Town requested the access August 2, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 3 easement be altered, the applicant would still be looking at 3 lots and either extending the cul-de-sac along the lot line that splits the two eastern lots, or increasing the size of the existing easement, converting to a right-of-way and extending it. Preferable they would leave it the way it is and at the Commission's direction they would provide an easement of adequate width to allow the extension of the private drive. Commissioner Bergman asked if the Town has minimum standards for improvement of private streets and access easements? Mr. Nodine responded that typical easements are 20 feet minimum, but there aren't standards related to it. Street pavement widths are 24 to 28 feet. Mr. Nodine gave the Staff Report. He stated that if the right-of-way is provided, it would be critical to go with the R1-36 zoning, otherwise the lots would not fit in. Commissioner Bergman asked what the Town's experience is with private access of this kind and if it was a source of neighborhood problems or requests for the Town to take over roads that don't meet Town standards? Mr. Nodine replied that easements are rarely provided in any plats that have been approved. This case will probably be a mix of lot splits and plats. He has not experienced any problems with lot splits. On plats with driveway easements, all have been improved with impermeable surfaces and functions as any driveway would. Mr. Andrews added that easements are private property rights between private property owners, and do not involve the Town. The Town cannot be forced to take over private property unless the Town wants to take over private property. Legally it should not be a problem. Mr. Nodine told Commissioner Bergman that the Fire Marshall and Public Works have both reviewed the access designs and determined adequate. Commissioner Manross asked if the easement being requested on the George lot 2 is dirt or improved pavement? Mr. Nodine said because it could be simply a lot split we would not be regulating how it is developed. It is up to the property owners. Commissioner Adler said the estimated size of the building pad is 3,500 square feet and asked where that pad might be located on the Chapala lots. Mr. Nodine replied that the reason a 15,000 square foot grading limit is proposed, is it puts a limit of the total development of the lot around 1/3 of the lot. There is quite a bit of room to work with. Commissioner Bistany asked Mr. Nodine for clarification on his position on the easement on the George property. August 2, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 4 Mr. Nodine said there could be either an easement or a deeded driveway. He didn't see that either way had a distinct advantage. The access easement could be set up so maintenance is required. Neither option will guarantee the access drive is paved, because lot splits do not require the development and improvements of the property. All weather access needs to be provided. Mr. Oland said access could be handled to provide dust control. He asked Attorney Andrews if alignment of the access easement were made part of the lower lot, could a condition be placed on this rezoning that the access drive be improved? Attorney Andrews responded that he has difficulty with the Town telling people how to parcel out their lot in this way, i.e. deeded or easement. The Town does not regulate on a lot split. Placing a condition like that is problematic legally because the Town may not have the power to do that on a rezoning. Mr. Nodine said Mr. Oland could be asked for the record what the applicant's intention is in terms of that access. Mr. Oland would have to talk to Mr. George about that, but felt confident that something could be worked out that would be agreeable. Mr. Oland addressed Commissioner Adler's concerns about location of the building pads. The lots are one acre minimum with a 15,000 square foot building envelop, which allows 1/3 of the lot to be cleared for the house. The proposed lots would be larger than the surrounding subdivided lots. The subdivisions to the south and north are zoned either R1-36 or. R1-20 and have an average lot size of between 22,000 and 35,000 square feet. This would be lower density. Rather than extending the cul-de-sac to the property line, Staff is suggesting an easement of sufficient width be provided to allow p Y the private drive to be extended. PUBLIC HEARING opened at 6:40 p.m. Alan Kempner, 12368 N. Washbed Drive, said he is located at the south west corner of the George lot. They don't have a problem with rezoning, but with the architectural standards. They would like some condition imposed that the architecture be consistent with the architecture of other houses in the area. Are there any constraints. i.e. earth tones, etc? Color is their main concern. Mr. Nodine said the color is determined by the Zoning Code which said it has to be muted desert tone. Putting architectural or design restrictions on a rezoning would be problematical. Mrs. Kempner, 12368 N. Washbed Drive, added that the proposed buyer wants to build a house and a guest house. When she asked about earth tones, she was told the earth tones can be sun, sky, sunset, etc. Her request is that it be muted earth tone; earth tone being in the family of browns rather than in oranges, reds, i.e. sunsets. She thanked the board for discussing the easement to Joe George's lot 2. She was not aware of a lot of dust at this time, but would want that issue to be addressed so there August 2, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 5 are no disputes in the future about maintenance of the road or driveway. The lot will be visible from La Canada so it is important that it be harmonious. Commissioner Adler asked if custom lots were designed subject to Staff review. Mr. Nodine told Commissioner Adler that custom lots were designed subject to Staff review. The building permit is reviewed by Zoning, Public Works and Building staff. The zoning limits buildings to 18 feet in height which is single story. Mr. Nodine told Commissioner Manross yes a driveway can go over the easements and multiple easements can be created on top of each other as long as they don't violate the terms of the first easement. Randy Agron, 1217 W. Cordia Place, lives in the neighborhood and also works for A.F. Sterling Homebuilders. He is not opposed to the rezoning but was curious if anything would happen to the telephone poles along the existing easement. Mr. Nodine is not aware of any proposal to burying the telephone lines. Mr. Oland said it is Chapala Partners plan to underground that line and take the poles down. • PUBLIC HEARING closed at 6:50 p.m. • Commissioner Adler stated that he is opposed to the rezoning as proposed. This is not the way Oro Valley should create new neighborhoods. He thinks the density, the irregular lots, the easement arrangements, etc. are inconsistent with the character of the way small parcels should be developed. Commissioner McKee said these are odd shaped splits but are generally consistent with the surrounding area. He will support this rezoning. Commissioner Manross said with regards to the shape of the lots, speaking from experience he feels odd shape and cul-de-sac lots are aesthetically pleasing and there is room for building. Acting Chair Bistany was still concerned with the easement and to be able to support this rezoning, he would like defined responsibility for maintenance of the right-of-way. Mr. Oland said the applicant will do what it takes to make the easement work. MOTION: Commissioner Manross MOVED to recommend that the Town Council approve OV9-05-04, rezoning 6.0 acres on the east side of La Canada Drive south of Moore Road from R1-144 to R1-36, subject to the conditions listed in Exhibit A attached herewith and adding the following condition #5: Clearly define improvement and maintenance responsibilities of the driveway on the George property. Commissioner Pivirotto seconded the motion. Motion carried 5 yes, 1 no. Commissioner Adler voting no. August 2, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 6 3. PUBLIC HEARING, OVO4-05-01, GLEN AND DEBRA SHEPHERD REQUEST APPROVAL OF A TYPE II HOME OCCUPATION, TO CONDUCT GROUP PIANO LESSONS (WITH 3 STUDENTS) PER 1 HOUR CLASS. Applicants Debra and Glen Sheppard, 999 N. Waxleaf Place. Debra is currently teaching in their home in the La Terazza neighborhood of Rancho Vistoso. Unlike many home businesses taking place throughout Oro Valley, she has had a business license since first starting teaching six years ago. She hopes to pass on an appreciation of music to this Gameboy, Instant Messaging and Internet generation. Past and recent university studies confirm that the study of music enriches a child's life and enhances academic performance. Music education helps a child develop the abstract reasoning skills necessary to excel in math and science. She hopes to be granted a business license in order to continue giving lessons to the children of Oro Valley. Parents welcome lessons given in a home due to the security and warmth it provides. It save long drives to an impersonal music store or university. She asks for the Commission's consideration in granting a new license to give lessons in their new home. Commissioner Mckee asked the ages of Mrs. Sheppard's students, and if there is an overlapping schedule? Mrs. Sheppard replied that students range in age from 5 to 55. There are three students in an hour class. She tries to schedule the students so they are neighbors-and can carpool. The parent drops the child off and comes back for pick up in an hour. There is not a build up of cars as the lessons are staggered. Commissioner Pivirotto stated that it appears there is no approval from the Home Owners Association (HOA) at this time and asked how that would work in terms of Mrs. Sheppard's request? Mr. Sheppard replied they were not aware HOA permission was needed until last week. His understanding is the Town of Oro Valley reviews and determines if the permit is appropriate and HOA permission is also needed. They have been giving lessons in Rancho Vistoso for two years and there have been no complaints. Commissioner Adler asked how many of the neighbors on W. Moodie Drive they have talked to about their intentions and what responses had been received. Mrs. Sheppard replied that on their street there are 7 homes and they have spoken with 5, all of whom have been happy about the piano lessons. No one has voiced opposition. Commissioner Bistany asked where the lessons were conducted and if there was a problem with sound. Mrs. Sheppard told him the students were all on headphones so there is no sound. August 2, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 7 Mr. Sheppard pointed out that they have a Type 2 business license on their current home in Rancho Vistoso that they received 2 years ago. Mrs. Sheppard read a letter from a current neighbor, Terry Fightmaster: "I would like to take this opportunity to express how it has been to be your neighbor. We have been living as neighbors now for the past two years. You have been teaching children how to play the piano now since you have moved in, I believe. In that whole time I have never felt that there is any inconvenience due to traffic nor have I ever heard the kids playing from inside your home. If I did not know you and the fact that you teach piano, I would never known that you taught out of your home. I feel that the type of business that you have is of great value to the Rancho Vistoso neighborhood. You save parents time and money so that they do not have to drive into the city to find their children someone else to teach piano. Thank you for what you do and good luck in your new location." Commissioner Bergman asked Staff if an application for a Type 2 license is approved, is it specific to a particular occupation that is on the application and nothing else. Mr. Nodine said that is correct, the application is specific for use and address. Mr. Nodine gave the Staff Report. He reiterated that this does meet Code as proposed. He also confirmed that there have not been any complaints about the Sheppards in their current location. The Commission has been provided with information that the Sheppards do not yet have HOA approval. Approval must been received from both entities. The area has not been fully developed yet, but the Sheppards did talk to existing neighbors. PUBLIC HEARING opened at 7:12 p.m. Julian Alarcon , 13225 N. Classic Overlook Court, is happy the Sheppards are across the street. He has a daughter who will probably take lessons. His wife, who is a choir director, may also. Having other people beside the parents teaching children to play piano is a better avenue. He and his wife are in support of Mrs. Sheppard. Dana Cooper, 11014 N. Canada Ridge, said that his family has played piano in piano guild competition for many years. In the past two years, his two daughters have entered piano guild competition in Tucson and Deb Sheppard has been their teacher. He has seen the blessing and benefits of the legacy of music through generations in a family. In each of the incidents, piano has been taught in the home. His daughter did a science fair experiment about the impact that music has on a student's ability to process information, to retain and to store. Music has a profound impact on a child's attendance rates in school, on the grades they achieve and on their sociability. The fact, that his kids have access to piano lessons in a home, means a lot to him as a single parent. When he carpools with another family he is taking those children to a home versus a shopping center or an office building and when he picks them up he knows they will be sitting in the living room of the home versus hanging out in a parking lot. The safety, the nurturing, the tutoring, the guidance and the love that they get in an environment like that can't be found anywhere else. He urges the Commission's support. August 2, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 8 Victor Medrano, 13290 N. Regulation Drive, has only been an Oro Valley resident for a couple of years. His son and daughter both took piano lessons in a strip mall in Denver where they came from. Traffic was a concern and a safety issue. They are pleased with the surroundings in Oro Valley, and were encouraged with the Sheppards teaching piano lessons. They have been excited about that and hope the Sheppards will continue to have that opportunity. He is in support of this. PUBLIC HEARING closed at 7:18 p.m. MOTION: Commissioner Bergman MOVED to approve OV4-05-03, request for the home occupation for Group Piano Lessons. Commissioner McKee seconded the motion. Motion carried 6 yes, 0 no. 4. PUBLIC HEARING, OV7-05-05, AMENDING THE ORO VALLEY ZONING CODE REVISED - - L ' ' =, - - = ' - g ' - A ' ' ' ' ' -, CHAPTER 22, REVIEW AND APPROVAL PROCEDURES, AND CHAPTER 31, DEFINITIONS, TO PROVIDE MINOR LAND DIVISIONS REGULATIONS Mr. Nodine gave the Staff Report. There is nothing that stops someone going to the County Recorder to record anything. A lot may have been split improperly and will have problems when the applicant comes in for a building permit. What is proposed would strength the Town's ability to deny permits on lots if they haven't gone through this review. He pointed out that key things that would be looked at in a review would be minimum lot size, adequate access, will any existing building on the sitemeet the setbacks of the new lot so it is in compliance with the code, and will there be provisions for public utilities and emergency vehicles. Commissioner Bergman thought this is an excellent idea to have this review. She questioned the 20 days for the Staff review being more than needed. Mr. Nodine thanked Commissioner Bergman and acknowledged Attorney Andrews help. The reason for the 20 days is that pre-application is currently a 10 day process. Putting the comments together from that takes a few more days, and then the Planning and Zoning Administrator has only 7 to 8 days to issue a ruling. Commissioner McKee asked if there was an underlying assumption that the person splitting the property already has an applicable zone compatible with what is being split? Also, shouldn't it be coordinated and made part of the rezoning to that point? Mr. Nodine said it would have to be compatible because they have to meet the minimum lot size of the district they are in. There is not always going to be a rezoning. Mr. Nodine told Commissioner McKee that the road has to be a public road. Commissioner Adler said on page 9, 4-b, "compliance with Town ordinance and regulations not reviewed as part of the minor land division review process...", would this include conditions on the property, such as riparian areas, conservation easements, slopes, etc., that might render certain restrictions on the property. August 2, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 9 Mr. Nodine said we put in a catch all. When we get into the detail on the lot for the building permit, we would be looking at plant salvage and grading as key points. Applications for building permits go through both Public Works and Planning and Zoning. PUBLIC HEARING opened and closed at 7:30. There were no speakers. MOTION: Commissioner Bergman MOVED to forward OV7-05-05, proposed amendments to the Oro Valley Zoning Code Revised Chapter 22, Review and Approval Procedures, and Chapter 31, Definitions, to the Town Council recommending approval. Commissioner McKee seconded the motion. Motion carried 6 yes, 0 no. 5. PUBLIC HEARING, OV7-05-07, AMENDING THE ORO VALLEY ZONING CODE REVISED SECTION 26.6.F, FORM OF ASSURANCES, TO ADDRESS THE ALLOWABLE FORMS FOR ASSURANCES Mr. Nodine gave the Staff Report. Commissioner McKee asked, in the event a contractor goes into bankruptcy, will the letter of credit still protect the Town? Is a bond a better way of assurance? Attorney Andrews responded that it would depend on how the letter of.credit was drafted and how the Town is situated in the form of assurance. It gives theTown the opportunity at that point to draft the letter of credit putting the Town in a better position., The same kind of problem happens when any contractor goes under, any assurance they would give us would be considered asset problems and we would still stand in line. To cash a bond is incredibly difficult. The holder of bonds do not want to give up the money especially if their contractor has gone under. Commissioner Bergman has had experience with these types of financial guarantees in other states and said letters of credit are easier to call than a bond. This is a worthwhile change. Commissioner Adler asked if it was legally permissible to simply limit the form of assurance to cash or certified check. Attorney Andrews responded that we could do that in our code, but that would stop nearly all development. There aren't many developers that would give that kind of assurance to build. They would probably go elsewhere. A letter of credit would give developers more flexibility so they will actually develop. Commissioner McKee said Mr. Nodine had made a comment that this has minimum cost impact to developers. If no impact, why do they ask for it. August 2, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 10 Mr. Nodine told Commissioner McKee that there are a few developers that have asked for it. Many of the developers already are set up to do bonds. Bond cost is 1 to 2% of the total bond for the property. PUBLIC HEARING opened and closed at 7:40 p.m. There were no speakers. MOTION: Commissioner Manross MOVED to forward OV7-05-07, proposed amendments to the Oro Valley Zoning Code Revised Section 26.6.F, Form of Assurances, to the Town Council recommending approval. Acting Chair Bistany seconded the motion. Motion carried 6 yes, 0 no. Item #6 was withdrawn. Mr. Nodine responded to Acting Chair Bistany's question regarding what the procedure was for getting an item, specifically Design Guidelines, put on the next Planning and Zoning Commission meeting agenda. The procedure is for the Chair or two of the Commissioners to bring the item forward at least two weeks before the Commission hearing. PLANNING UPDATE ADJOURN REGULAR SESSION MOTION: Commissioner McKee MOVED to adjourn the August 2, 2005, Planning and Zoning Commissioner regular session. Commissioner Manross seconded the motion. Motion carried 6 yes, 0 no. Meeting adjourned at 7:40 p.m. Respectfully submitted, Diane Chapman, Recording Secretary