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HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 5/9/2005 APPROVED MINUTES PLANNING COMMISSION SPECIAL SESSION MAY 9, 2005 CHURCH OF THE NAZARENE 500 W. CALLE CONCORDIA SPECIAL SESSION AT 6:00 PM CALL TO ORDER ROLL CALL PRESENT: Chair Don Cox Vice Chair John Anning Commissioner Bill Adler Commissioner Pete Bistany Commissioner Teree Bergman Commissioner Don Manross Commissioner Doug McKee Others Present: Mayor Paul Loomis K.C. Carter, Council Member Barry Gillaspie, Council Member Robert Delaney, General Plan Update Revision Committee Member Bryant Nodine, AICP, Planning and Zoning Administrator Chair Cox welcomed new Commissioner Teree Bergman. 1. PUBLIC HEARING, OV11-01-04, GENERAL PLAN UPDATE Mr. Nodine gave a presentation on the General Plan revisions. (See attached copy) Commissioner Adler asked that a couple of items be addressed at this point so the public will understand and perhaps comment on. • There is a statement in the General Plan to guide the Town to annex the land north of Sun City. With the State Land Department's participation, we need a definitive or conceptual plan for that land. • We have a zoning code that requires residential subdivisions to set aside recreational space. There is nothing in our General Plan that provides guidance as to how that code should be revised or interpreted. • There is a policy that talks about monitoring areas to be safe guarded with conservation easements, etc. • A Land use district to be considered for Steampump Ranch. PUBLIC HEARING opened at 6:20 p.m. Robert Evans, 473 E. Heatherglenn, came here because of the recreation element aspect. May 9, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 2 As a member of the Parks and Recreation Advisory Board, he would like to know what will be changed from the old Focus 2020 Recreational Element regarding park dedication. Mr. Nodine said the policies that are in the General Plan have not changed since he met with PRAB. Any changes tonight would be the first changes to those policies. PUBLIC HEARING closed at 6:25 p.m. Chair Cox questioned why Commissioner Adler brought up the items at this time and were not part of the Revisions Committee's revisions discussed at that time and/or acted upon. Commissioner Adler said the Revision Committee reacted to the charge put to them by the Town Council. They addressed specific items that were identified as creating difficulties during the General Plan election process. The Revision Committee did not consider the items he brought forward. He is trying to make sure that the Plan is as comprehensive as it needs to be to provide guidance and direction for the future. The item of State Land and its ultimate use came up at the first public hearing and he felt it was appropriate to make suggestions. Commissioner Bergman had some concern about whether the policy is needed because these issues were already covered in the plan. One of the major problems the public had with the last Plan, as revealed in the surveys, is that the Planning Commission and the Town Council made significant changes to the Plan after it left the General Plan Review Committee. She was concerned about a similar process being followed this time. She would not want to make any changes here unless there was a very compelling reason to do so. Vice Chair Anning agreed. He was also concerned about the process. If these issues were not part of the directive given by the Council to the Update Committee, he did not think they were that important. There are other ways to deal with these issues one at a time after the Plan has been approved. Commissioner Bistany said he did not see anything wrong with this. The annexation was put on the back burner because of the bond issue. The land area was not included in the Pima County bond issue. People were depending on Pima County's representation that there was going to be an ecological corridor. Sun City did not look on the annexation favorably. He advocates doing something to get control of this land. He supports a visible effort on the part of the Town to pursue annexation of this land. Commissioner McKee agreed with Commissioner Bergman. The State Land is already in our planning area and therefore is a candidate for annexation. If you put priorities on annexation areas, then you are going to have to look at all areas outside the boundaries, but inside the planning area and do the same thing for them. This is not needed. We would be corrupting the process making a change at this point. Chair Cox did not know it this is the most appropriate place to bring this forward. The Council did give the Revision Committee a list of things to look at. That list came primarily from the people who opposed the General Plan. He did not have a problem with this group making changes. It is not inappropriate for the Commission to make recommendations to the Town May 9, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 3 Council, nor for the Council to make changes. Commissioner Adler emphasized that none of the items he brought forward represented changes. He introduced language that does not exist to add clarity. In the case of the State Land, he was trying to indicate what the Town's interest should be in that land. The size of that land and its immediate proximity to an important and largely populated district mandates something be in the General Plan indicating what level of interest the Town will take. MOTION: Commissioner Adler MOVED to add the following language to the General Plan: "The Town shall pursue annexation of the state land north and east of Sun City, and work with the State Land Department to create and adopt a conceptual development plan for the area.", as suggested in the Economic Development Element as #3.1.3, with the provision that it is also added to the work plan and to the Strategic Implementation Plan and be indicated as a short term item. Commissioner Bistany seconded the motion. Motion carried 7 yes, 0 no. Commissioner Adler said in Chapter 4 of the Zoning Code it specifies that minimal recreational areas require a formula of 1 acre per 85 dwelling units. That is on the work plan for revision. He felt the General Plan needs to provide some guidance as to how that code should be revised. MOTION: Commissioner Adler MOVED that the following wording should be added to the Parks and Recreational Element of the General Plan as #d8.3.7: The Town shall continue to require dedication of recreational space within new residential sub divisions of a size adequate, and appropriate location, based upon demography and corresponding needs of the future residents. The average lot size and distance from a Town Park will also be a factor in the size of the recreation area. Motion DIED from lack of a second. Commissioner Adler said the existing policy#11.5.10 indicates that the Town is to monitor any degradation observed on land that is designated to be protected or preserved. This needs to be clarified with having an annual report reflecting any abuse on the property and have action taken submitted to the proper bodies. MOTION: Commissioner Adler MOVED that the following language be added to Policy #11.5.10: An annual report on area monitoring reflecting any degradation observed and action taken to be submitted to the Planning Commission and Town Council in the last fiscal quarter of each year and added to the Planning and Zoning Work Plan and the Strategic Implementation Plan, short term. Motion DIED from lack of a second. Commissioner Adler said in policy 9.1.6 it says the Town shall encourage the development of designated art districts. This does not exist in the Town Code. Whatever designation is applied should be complimentary to an historic area such as Steampump Ranch. MOTION: Commissioner Adler MOVED that the Planning and Zoning Commission recommend to Town Council that an ordinance be initiated and adopted creating an Arts District land use designation, and that this designation be placed over the Steampump Ranch property. Commissioner Bistany seconded the motion for May 9, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 4 purposes of discussion. Discussion: Commissioner Bistany asked if this was substantially different from what we have now. Mr. Nodine said we are working with the County to preserve the historic core of the area through the bond program that the County has. That area would be a Historic Park and development that would go with that historic site. The rest of the area around the Historic Core, different types of commercial uses were considered when the applicant was pursuing a rezoning for the area. Staff is still proposing commercial uses in the area, with a designation of Community and Regional Commercial. Regional Commercial is the most intense form. Community Commercial is a lower intensity. The whole area is overlaid with the Significant Resource designation. Even though it might be developed and the General Plan would recommend as a policy that it come in as commercial, matching the areas to the north and south, it should be at a low intensity and respect the fact that there is an historic site there. That is what the Significant Resource Area designation does. That is the reason for the open space and commercial designations proposed in that area. Commissioner Adler said none of our existing designations allow uses that are low intensity. Uses, as described in that attachment to the handout given to the Commissioners, are unmistakable low intensity. We want to be sure we are applying a land use that describes the uses that are low impact, low intensity, low profile, and exactly the uses that would be complimentary to this preservation area. An arts district can be created in such a way that it overlays the entire property. Mr. Nodine said the Update Revision Committee did look at this item and did not take action. The Committee specifically said to forward recommendation to the Planning and Zoning Commission to take it up at their level to achieve the preservation goals of the Town. Commissioner Bergman said the idea of an arts district has merit. We don't know whether this would be a perfect fit because we don't have any district in place and we don't know what it might encompass. It would make more sense to adopt what Staff has recommended now, and once the arts district is created, then look at whether a Plan amendment would be appropriate to change the designation on this property. Commissioner Bistany agreed and would like more time to study this. Commissioner Manross pointed out that when we are talking about arts districts, there are State taxes involved. This should be discussed later. Commissioner Adler said it is on the agenda to act with regard to Steampump Ranch. There is not a commercial designation that would allow the flexibility and adaptation that we visualize for this historic core. Commissioner McKee asked if there was a timing issue on this. It would need to be in the General Plan to be effective. Otherwise the Commission or Council would have to initiate a General Plan amendment to put that designation on this parcel. What would this do to negotiations? May 9, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 5 Mr. Nodine said he has not been involved in the negotiations, but thinks it is to the point of establishment of value. The art designation may affect the value of the property, because the owner of the property would indicate that there were severance issues. Because they couldn't get the value out of the property for commercial, they would want to get more value for the other portion. Chair Cox said we do not know if it would increase or decrease the value at this time. MOTION FAILED, 1 yes, 6 no. Commissioner Adler voted yes. Mr. Nodine gave the Staff recommendation for Steampump Ranch. Mr. Nodine told Commissioner McKee that the most important thing is that the designations match and work with the historic core. The types of uses should be destination type uses. The scale of the uses and architecture should match that area. In terms of blending to the north and south, the south is essentially already developed. The north is starting to pick up the elements of the Ranch and the architecture has been approved. The most important thing is that the area creates a transition from the historic area to the other areas and doesn't interfere with the use of the site as an historic site. Special wording was used for the Kai property as well as Kelly Ranch, La Cholla/Tangerine, and Rooney Ranch North. Those are being developed on the fly, but some general direction could be given to Staff if the Commission would like to develop those further for recommendation to the Council. Commissioner Adler said there was nothing in the Home Depot Center that is of a scale commensurate with what might be visualized for this property. As far as Steampump Village is concerned, it is supposed to include a hotel and other large scale retail uses. Making reference to blending with either of those properties is not the right approach and he would not be able to support that. Those properties are not designed to blend with an historical property. Chair Cox asked if adding language to clarify what our goals is, such as "small scale bed and breakfast", etc., would be helpful. Mr. Nodine said they would provide direction, but you don't want to be too specific in adding language for the types of uses, only to what types of things you are trying to achieve, i.e. scale. Vice Chair Anning was concerned about going too far in directing the private sector as to what they can place on a parcel without having economic impact. If the land could not be marketed for those uses, then nothing is being accomplished. He would like to know more about desirable uses and how the market place would react to those uses. Chair Cox said he has faith that the Council and Commission will do what the public wants in this place. May 9, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 6 MOTION: Vice Chair Anning MOVED to accept Staff's recommendation for Steampump Ranch, that the approximately 5 acre core area, be designated as Open Space (OS) and the remainder be designated as Community/Regional Commercial (CRC) with a Significant Resource Area (SRA) designation over the top of most of the area. Commissioner Manross seconded the motion. Motion carried 6 yes, 1 no, Commissioner Adler voting no. Mr. Nodine said there was some confusion in the Neighborhood Commercial designation in the zoning category and Neighborhood Commercial as a designation in the General Plan. He has some concerns about trying to change the names and recommends no change. MOTION: Vice Chair Anning MOVED that because Neighborhood Commercial (C-N), Residential Services District (R-S) and C-1 Commercial District are all appropriate districts within the Neighborhood Commercial/Office (NCO) designation, that there be no change in the language. Commissioner Manross seconded the motion. Motion carried 7 yes, 0 no. MOTION: Commissioner Manross MOVED to forward the corrections/revisions to make the Plan more current, (green edits in the packet) to the Mayor and Council. Vice Chair Anning seconded the motion. Motion carried 7 yes, 0 no. Chair Cox was concerned about the property tax issue. The General Plan that was defeated stated that sales tax revenues are not the only source of income for the Town. Development fees, user fees, property taxes and annexations are other methods to pay for services. There was a large public display of vote no on the plan, no MUNs and no property taxes. The Revision Committee decided the plan should say, "Sales tax revenues are not the only source of income for the Town. Other revenue streams such as, but not limited to, development fees, user fees, and annexations are other methods to pay for services." The words property tax were removed from the General Plan, however, they were replaced by "other revenue streams, such as, but not limited to". He would like to have the General Plan make a positive statement that as a matter of policy the Town should not consider a property tax as a source of revenue. MOTION: Commissioner McKee MOVED that a positive statement should be made in the General Plan that as a matter of policy, that the Town should not consider a property tax as a source of revenue. Commissioner Manross seconded the motion. Discussion: Commissioner Bergman said the General Plan Update Revision Committee discussed this and she is not in favor of making the change at this time. The Council has the prerogative to consider whatever means of revenue it thinks are appropriate. A property tax requires a public referendum. It is inappropriate to state in the Plan that this is a particular means we are not going to have. Chair Cox said he trying to react to the voters who voted against the plan. May 9, 2005 Approved Minutes PLANNING AND ZONING COMMISSION 7 Commissioner Bistany agreed with Commissioner Bergman. Property tax has to go to a vote. Excluding something from consideration does not make sense if it still has to be acted upon by a vote. Motion failed, 3 yes, 4 no. Voting yes: Commissioners Manross, Cox and McKee. Voting no: Commissioners Adler, Bistany, Anning and Bergman. Commissioner Adler point out a couple of corrections needed in the proposed plan: • Correction of typographical error: Page 26, under Growth Areas, the Town has identified 5 growth areas, needs to be changed to 4 growth areas. • Page 10, third paragraph starting with "Amendments to the General Plan should never be allowed..." after the comma it says "findings of facts see below". The wording needs to be changed to make it a single finding of fact. MOTION: Commissioner Adler MOVED that the Planning and Zoning Commission recommend to the Town Council adoption of the General Plan with the actions taken by the Commission this evening in the above motions, including correction of the typographical error and the wording for finding of fact. Commissioner Bergman seconded the motion. Motion carried 7 yes, 0 no. MOTION: Commissioner Manross MOVED to forward OV11-01-04 the Revised Strategic Implementation Plan dated 1/13/2005 to the Town Council recommending approval with the changes recommended by the Update Revision Committee, adding the State Land policy as a task item in the Strategic Implementation Plan. Vice Chair Anning seconded the motion. Motion carried 7 yes, 0 no. ADJOURN SPECIAL SESSION MOTION: Commissioner Manross MOVED to adjourn the May 9, 2005 Planning and Zoning Special Session. Vice Chair Anning seconded the motion. Motion carried 7 yes, 0 no. Meeting adjourned at 7:30 p.m. Respectfully submitted, Diane Chapman, Recording Secretary