Loading...
HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 5/3/2005 APPROVED MINUTES PLANNING COMMISSION REGULAR SESSION May 3, 2005 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:00 PM CALL TO ORDER ROLL CALL PRESENT: Vice Chair John Anning (Acting Chair) Commissioner Pete Bistany Commissioner Bill Adler Commissioner Don Manross Commissioner Doug McKee EXCUSED: Chair Don Cox Others Present: Joe Andrews, Civil Attorney Melinda Garrahan, Town Attorney Craig Civalier, P.E. Development Review Division Manager K. C. Carter, Town Council Member Bryant Nodine, AICP, Planning and Zoning Administrator Bob Conant, Senior Planner CALL TO THE AUDIENCE opened and closed at 6:01 p.m. there being no speakers. MINUTES MOTION: Commissioner Adler MOVED to approve the April 5, 2005, Planning and Zoning Commission meeting minutes as written. Commissioner Manross seconded the motion. Motion carried, 5 yes, 0 no. 1. PUBLIC HEARING — OV9-04-12, STEPHEN KREUTZER, SEPIA HOME, REQUESTS A REZONING FROM RESIDENTIAL SERVICES (RS) TO C-1 COMMERCIAL DISTRICT TO CONSTRUCT A 6,250 SQUARE FOOT OFFICE/STUDIO AND FURNITURE STORE ON PROPERTY LOCATED 300 FEET SOUTH OF THE SOUTHEAST CORNER OF CALLE CONCORDIA AND ORACLE ROAD, LOT 68 SHADOW MOUNTAIN ESTATES EAST, PARCEL 225-12-0730 Applicant submitted letter of withdrawal. No action required. PUBLIC HEARING opened and closed at 6:04 p.m. there being no speakers. May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 2 2. PUBLIC HEARING — OV8-04-10, GERALD KESSLER ARCHITECTS, REPRESENTING FLETCHER'S TIRE AND AUTO REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT TO DEVELOP LOT 3 ORO VALLEY RETAIL CENTER AS AN AUTOMOTIVE SERVICE AND REPAIR FACILITY, LOCATED ON THE SOUTHWEST CORNER OF TANGERINE ROAD AND FIRST AVENUE, PARCEL 224-02-170A PORTION Frank Bangs, 1 South Church, representing applicant, Fletcher's Tire and Auto gave his report. The project was approved as a master development plan in 2000. At that time Evergreen Devco, the master developer, had prepared a plan for the entire site showing intended uses and how those uses might function on the site. Phase 1 was Walgreens. Phase 2 was Wells Fargo Bank. The balance of the center is now being developed including lot 3, Fletcher's site. Because of the automotive use, it requires a use permit. The basic arrangement of the center is the same although some of the uses have changed. Parking and access were established in 2000 and remains unchanged. Traffic flows through the center on a north/south, east/west access. The southern half of the site is being developed primarily for retail. Staff has identified aspects where the project may not conform according to necessary criteria: (1) Noise: A noise study was submitted which showed that at 100 feet from the main service bays, the sound levels were in the range of 60 to 70 decibels, which is similar to traffic noise on a major arterial. Potential impact of noise was discussed with Wells Fargo Bank and the bank had no objections to the architecture, the arrangement of the screening and the use being placed there. A letter from the bank was included in the packet. The sound study showed that the noise to the neighbors to the west and south would be attenuated to background levels. (2) Traffic: Traffic generated by this use would be dramatically lower than a fast food or other retail uses in the center. Staff was concerned that in the original site plan the exit from the enclosed service bay court onto the north/south path was accomplished at an angle towards the south/southwest. The drivers exiting the site would be looking back over their shoulders at the oncoming traffic and from the drive through lanes from the bank. The entry point has been revised to a 90 degree angle for a clearer view. (3) Compatibility with other uses: Objective criteria, i.e. amount of traffic generated, operation of use and how it integrates with others uses, aesthetics of the project, internal connections for pedestrian circulation within the center, all works very well. Architect, Jerry Kessler, 401 W. Baseline Rd., #106, Phoenix, gave his presentation. Fletcher's Tire and Auto is a locally owned and operated business, which he has worked with for 10 years. The bays were designed to face away from the public right of ways to screen visibility and noise. The bays were kept in a courtyard where they are not viewed by the public. Hedges and planters down the west side help break up the wall and would help mitigate noise and visual issues. Equipment used does not make a May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 3 lot of noise. Hours of operation would be 7:00 a.m. to 7:00 p.m. No cars would be left overnight. Technicians would move the cars in and out of the service bays. Commissioner Adler asked Mr. Kessler what the likelihood of the bay doors being closed except for moving cars in and out happening and how would that be enforced. Mr. Kessler said it would be difficult because cars will be coming and going, so the doors would be open most of the time. That condition is not acceptable. Commissioner Adler suggested to Staff earlier that the position of the building entrance level should be reconfigured so it faces east, which would prevent conflicts with people exiting the bank drive through. It would allow people to make right turns into the project rather than left turns. Have you considered that? Mr. Kessler said the issue of facing west is that area was established as a primary walkway. Screen walls would not be able to put in because of a utility easement and there would not be enough room. Commissioner Adler asked wouldn't the employees moving cars in and out of the bays create problems with people exiting the bank. He is also concerned about people entering and going through the site. Mr. Kessler did not see any difference in people using either entrance to go into the main drive aisle. Every car needs to get into a drive aisle, which is what the realignment of the driveway would do. There could be signage at the intersection to tell people to stop. Fletcher's traffic would be controlled. Mr. Kessler told Commissioner McKee that the guns used today are short impact and would be heard in the drive aisle. There are typically five employees that would be working on and moving cars. Mr. Kessler said the bays were not put to the north because of trying to create a screen at the front of the building so people on the street could not see into the bays. There would not have been enough parking space if they had the bays to the north. Bob Conant, Senior Planner gave the Staff Report. Mr. Conant replied to Commissioner McKee regarding the letter in the packet from Wells Fargo that there has not been any further discussion with Wells Fargo related just to the noise issues. If Wells Fargo were to support this after a full discussion of the noise issue, Staff's recommendation would remain the same. Mr. Conant told Commissioner Manross that Condition #2 in Exhibit A regarding keeping service bay doors closed, would be very difficult to monitor. Mr. Nodine said Staff looked at a less than ideal situation and were recommending denial but also understood that the Commission and Council may see differently. If they May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 4 do, we are looking for any means to reduce the noise. It would not be easy to enforce, but is one of the few means available at that site to reduce the noise. Commissioner Adler said public safety is still a concern. The character of traffic may have an impact on design but is a primary concern, and the entrance should face east. Mr. Conant said by turning the building 180 degrees so the bays face Walgreens exposes the bays more to the intersection. Staff wanted to hide the bays. Walgreen's drive through is on that side and people could exit into the same PAAL. PUBLIC HEARING opened at 7:00 p.m. Norman Raymond, 11900 N. Joi Drive, owns property with the eastern boundary of his back yard directly connected to the site. Noise is not a minor issue. He bought his house understanding the zoning and the implications involved. If the zoning is changed and allows this type of building on the site, the value of his property and quality of life is directly affected. It will be a noisy place. If Tangerine Road, which is farther from his property, is 90 db, and this site is 90 db, it will be heard. Oracle Road is where tire shops belong, not in a residential area. It doesn't work and is not compatible with the site. He strongly opposes this project and he needs the Commission to protect his rights and his property value and quality of life, which is why he moved to Oro Valley. Alice Buedren, 11940 N. Joi Drive, agrees with Mr. Raymond that the noise from the bays at 7:00 a.m. will be pathetic. She is retired and 7:00 in the morning is a wonderful time to sit outside. It will be horrible to listen to that kind of noise. The bank does not make a noise and there is no issue with that. The next step is depressing our property values which is not good. Quality of life will go down. PUBLIC HEARING closed at 7:04 p.m. Mr. Bangs rebutted that the property was purchased by Evergreen in 2000 and was zoned C2, which allows automotive uses subject to use permit process. The entire site was planned then and this particular layout was deemed to be the optimum solution to moving traffic and pedestrians throughout the site at the time. It still is. Now Staff has second thoughts about a configuration they approved at the time. In terms of safety issues, this site layout provides the optimum with respect to that. Why would you want to disgorge additional traffic onto the main north/south, east/west circulation elements in that shopping center? It would be better to exit onto the side streets of the parking lot and from there move onto the north/south, east/west paths. Regarding site distances, the Town's Traffic and Transportation Design Regulations have no site distance requirements or site triangle requirements for private property shopping center parking lot situations such as this. In the street standards, the lowest traffic speed provided is 20 mph. The design speed in this shopping center is 15 mph. The angle on the south/east wall of the building allows for a substantial distance behind the intersection for ample view. May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 5 Regarding compatibility, this is a legitimate activity that provides service to the people in the community. This is a shopping center has multiple services. Regarding the conditions of approval in Exhibit A: #1. Design solutions: • Mr. Bangs doesn't know what wrapping the building around farther and creating the screen wall will accomplish visually or from a sound standpoint. They are open to instruction about that issue, but it does not seem acceptable. • The 6 foot wall does not seem like a superior solution, but is acceptable and would be designed to make it as attractive as possible. • Placing the entrance to the service area along the center PAAL at the end of the Fletchers building and closing the proposed access point is not acceptable. • Moving the building north to remove the southern end out of the site visibility triangle is not necessary. #2. Service bay doors remaining closed except for the moving of vehicles in and out is not acceptable. #3. There are no objections to having no auto service activity taking place outside of the building. #4. There are no objections to not having outside speakers nor to keeping interior speakers so they are not audible from adjacent residential properties. Craig Civalier, Acting Town Engineer, said regarding site visibility triangles in parking lots, that for safety of the public we should look at site distance in parking lots. Our subdivision standards required the site line to be 15 feet where the car would sit. We have modified the site triangle for a parking lot and the building is in the triangle. He would like to see the building moved to the north so visibility would not be obstructed at that intersection. As Town Engineer, he has the right to establish standards. Mr. Civalier told Commissioner Adler that during Development Plan Review and Improvement Plan Review is when signage is enforced in a project. Mr. Conant replied to Commissioner McKee that the estimated 90 decibels sound level when it reaches the back yard of Mr. Raymond will be less than 60 during the course of the day. MOTION: Commissioner Bistany MOVED to recommend that the Town Council deny OV 8-04-10, conditional use permit for Fletchers Tire Store, located on lot 3 of the Oro Valley Retail Center on the southwest corner of Tangerine Road and First Avenue, finding that the use is incompatible with the existing and proposed uses for the site. Commissioner Manross seconded the motion. Discussion: Commissioner Adler did not object to the compatibility issues because the Town has accepted this kind of shopping center next to residential properties in the past. His concern is that there is no solution to the noise issue. The applicant refuses May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 6 to accept the condition that the doors remain shut during work. He is also not convinced that the configuration is the best. The issues are safety and no solution to noise and he will support the motion for denial for those reasons. Commissioner McKee would feel better about this if the Wells Fargo people were willing to support this on the issue of noise. There may be a problem for the bank when someone is trying to talk to the drive through teller and the air gun goes off. There is no evidence in the letter from the bank that they considered that. Motion carried, 5 yes, 0 no. 3. PUBLIC NOTICING PROCEDURES Mr. Nodine gave the Staff Report. Commissioner Adler said major General Plan amendments will ultimately, if approved, result in a rezoning. Development greater than 20 acres should all be noticed at 1000 feet to try to be more consistent because of the broader impact. Any rezoning has a wider impact than 300 or 600 feet. Rezoning generally and development proposals for 20 acres or greater should be at 1000 feet notification. MOTION: Commissioner Manross MOVED to direct staff to forward the attached Planning and Zoning Division Standard Operating Procedures: Public Noticing Procedures dated December 15, 2003 (revised) to the Town Council. Commissioner Bistany seconded the motion. Discussion: Commissioner Adler felt the 1000 feet should be part of the motion and that if it wasn't, he could not support the motion. Mr. Nodine replied to Commissioner Manross' question that 300 feet is the State requirement for noticing. We are already at 600 feet which is double the State requirement. Motion carried, 4 yes, 1 no. Commissioner Adler opposed. RECESS: 7:30 p.m. to 7:35 p.m. 4. CONTINUED ITEM, PUBLIC HEARING, OV7-01-09, AMENDING THE ORO VALLEY ZONING CODE REVISED BY AMENDING CHAPTER 8 COMMERCIAL DISTRICT REGULATIONS AND CHAPTER 9 CONDITIONAL USE REGULATIONS Mr. Conant gave the Staff Report. PUBLIC HEARING opened and closed at 7:40 p.m. there being no speakers. Mr. Nodine gave a presentation showing the different commercial areas in the Town of Oro Valley. The commercial areas still vacant are primarily clustered around intersections except along Oracle Road, which is typical of all commercial areas in May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 7 Town. Many of the commercial areas are already zoned. Even though the areas are designated in the General Plan as neighborhood commercial/office, that General Plan designation has always included neighborhood commercial as a zoning category as well as Cl as a zoning category. Commercial acreage in Town currently zoned is: • 60 acres— Neighborhood Commercial • 510 acres — C-2 • 588 acres — C-1 About half of the above is vacant. Mr. Nodine told Commissioner McKee that the maps include all the land designed as commercial in the new General Plan that is currently vacant, except the Kai property. Neighborhood Commercial can handle either CN or C1 zoning. Vice Chair Anning pointed out that the northwest quadrant of Lambert and La Cholla are also not on the map. He doesn't see anywhere in the General Plan or the Zoning Code clarifying that where the General Plan says Neighborhood Commercial, it can be a Cl district. It needs to give clear guidelines where C1 and CN are legitimate. Vice Chair Anning also said in the purpose statement the terms "collector" and "arterial" roads are used and not defined in the Zoning Code. They should be in the definition section of the Code. In Chapter 8, page 5 under the list of permitted uses in the C1 district, gas stations without repair service, and on page 6, under uses subject to conditional use permit, gas station without repair, are in there twice. Mr. Nodine said that is correct and Staff is recommending all the automotive uses be moved to Conditional Uses. Mr. Nodine told Vice Chair Anning there are separate categories for schools and churches to make sure there is the option to address height issues. Commissioner Adler has several problems with the Code as written and the Commission has his notes on it. He strongly disagreed with the deletion of the minimum size for CN and capping it at 5 acres. Canada Crossroads is referred to as being a CN property that works well, and yet it would not have been permitted to be developed as CN because it is larger than 5 acres. He spoke to Mr. Conant earlier regarding the issue of adult book stores. Sexually explicit material need to be defined better. An issue arose where a retailer offers goods and services with books being only a minor part of the pornographic material, therefore, he doesn't consider himself a book store and is circumventing the code. On page 3 under CN category, B. indicates a sufficient area must be provided to establish multiple uses on the site. In the purpose statement it says that multiple uses are strongly preferred. The purpose statement needs to be consistent with what is said later on in the Code. May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 8 Mr. Nodine told Commissioner McKee that the residential uses have been taken out of the Code. The comparison sheet in the packet has not been updated and should be thrown away. Attorney Andrews addressed Commissioner Adler's issue with sexually explicit material, that it is in the plan to work on separately. Because of the complex matters and issues, they would like to deal with that outside of this particular code item. There is a lot of case law on this and can take up much more than a definition. Commissioner Adler said on Technological Park, we continue to use the words "analogous uses" which has come up in the past as being difficult to define. On page 13 the language used is analogous uses that are directly related to servicing the primary uses. Any use that is going to be viable is going to have to serve the broader community in additional to the uses that are on the parcel. Mr. Nodine says it does not say directly related any more. We echoed with more detail what the definition of analogous use is in the Code which is "substantially similar to the permitted uses, shall not be anymore deleterious, obnoxious or harmful in terms of traffic generation, use impacts and types of activities involved. Commissioner Manross said it is mentioned that the determination of analogous use being left up to the Planning and Zoning Administrator and not the Commission. Which should it be? Commissioner Adler prefers the Commission. An applicant proposes a use and Staff can recommend it as being analogous and the Commission can either agree or disagree. MOTION: Commissioner Manross MOVED to recommend that the Town Council approve the recommended amendments to Chapters 8 and 9 of the Oro Valley Zoning Code Revised. Motion died for lack of a second. Commissioner Adler said he needs some response to his concerns. He cannot support the commercial code until he gets a response. MOTION: Commissioner Adler MOVED to continue Item 4, Public Hearing, OV7- 01-09, amending the Oro Valley Zoning Code Revised by amending Chapter 8 Commercial District Regulations and Chapter 9 Conditional Use Regulations until the next regularly scheduled meeting. Commissioner Bistany seconded the motion. Motion carried 5 yes, 0 no. 5. PUBLIC HEARING, OV7-05-01, AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED ARTICLE 4-9, ASSURANCES, TO ADDRESS THE REQUIREMENTS FOR CONSTRUCTION ASSURANCES Mr. Nodine gave the Staff Report. May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 9 Mr. Nodine told Commissioner Bistany that the Staff looked at what was construction on site and it ended up being everything. We wanted to make sure there were construction bonds in place for unsubdivided properties. Commercial properties weren't being adequately covered by the bonds we had. All we were able to do was restore the property to a natural state. We are suggesting bring it to reasonable level. Staff has to make the decision whether it is critical to the operation and will include what we think is necessary for public safety to serve that property. Mr. Nodine told Commissioner McKee that there is no economic impact to the Town because if a project goes under, we are going to get what is needed for bond the way it is proposed. It makes it easier for a development to bond their project. A reasonable solution will have to be determined in each case. A Certificate of Occupancy would not be issued if there is not adequate parking or sidewalks around a property,. We are trying to cover sidewalks, access ways for pedestrians and vehicles off-site and on-site that need to come into the property to serve the area. We don't want the person who needs to get the C of 0 held hostage to put in excessive off property improvements to serve the development if the developer goes under. That is where the bonding program would help. We need bonding to do what needs to be done to make every portion on the property operable. Mr. Nodine said cost of a bond to the contractor is 10% of the cost of construction every year and is not refundable. Mr. Nodine responded to Commissioner Adler's question, that there are three things that can initiate the process to claim a bond: 1. The project is abandoned. 2. They fail to complete things that are required. 3. They fail to respond to a violation. PUBLIC HEARING opened and closed at 8:20 p.m. there being no speakers. MOTION: Commissioner Manross MOVED to forward OV7-05-02, proposed amendments to the Oro Valley Zoning Code Revised Article 4-9, Assurance, to the Town Council recommending approval. Commissioner McKee seconded the motion. Motion carried 5 yes, 0 no. 6. PUBLIC HEARING, OV7-05-02, AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED ARTICLE 1-8 NONCONFORMING USES TO DEFINE ABANDONMENT OF A USE OR BUILDING Mr. Nodine gave the Staff Report. Mr. Nodine told Commissioner McKee that the start of the abandonment period is determined legally by being documented. The best thing is that a use ceases for a period of 6 consecutive months. Intent to abandon has to be established. May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 10 Attorney Andrews said you can use any type of evidence to present to a court whether or not a use was ceased for that period of time. If you convince the court, you get the time frame and you are in better shape. If is not always going to be on the Zoning Department to document when a property was sold. It is something that has to be done based on evidence rules in court. Mr. Nodine told Commissioner Bistany that change of title (property owner) does not necessarily mean abandonment. Change of use would mean a cessation of use. PUBLIC HEARING opened and closed at 8:25 p.m. there being no speakers. MOTION: Commissioner Manross MOVED to forward OV7-05-02, proposed amendments to the Oro Valley Zoning Code Revised Article 1-8, Nonconforming Uses, to the Town Council recommending approval. Commissioner Bistany seconded the motion. Motion carried 5 yes, 0 no. PLANNING UPDATE May 9, 2005 there will be a Planning and Zoning General Plan meeting at Church of the Nazarene. Commission Rules and Procedures will go to Town Council on June 1, 2005. ADJOURN REGULAR SESSION MOTION: Commissioner Manross MOVED to adjourn the May 3, 2005, Planning and Zoning Commission meeting. Commissioner McKee seconded the motion. Motion carried 5 yes, 0 no. Meeting adjourned at 8:30 p.m. Respectfully submitted, Diane Chapman, Recording Secretary