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HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 3/1/2005 MINUTES PLANNING COMMISSION REGULAR SESSION MARCH 1, 2005 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:02 PM CALL TO ORDER ROLL CALL PRESENT: CHAIR DON COX VICE CHAIR JOHN ANNING COMMISSIONER PETE BISTANY COMMISSIONER DON MANROSS COMMISSIONER DOUG MCKEE EXCUSED: COMMISSIONER KEN KINARED ALSO PRESENT: MAYOR PAUL LOOMIS BARRY GILLASPIE, VICE MAYOR CONNY CULVER, COUNCIL MEMBER K.C. CARTER, COUNCIL MEMBER HELEN DANKWERTH, COUNCIL MEMBER BILL ADLER, BOARD OF ADJUSTMENT AL KUNISCH, DEVELOPMENT REVIEW BOARD PHIL TRENARY, PUBLIC WORKS CIVIL ENGINEER I JOE ANDREWS, CIVIL ATTORNEY BRYANT NODINE, AICP, PLANNING AND ZONING ADMINISTRATOR CALL TO THE AUDIENCE Bill Adler, 10720 N. Eagle Eye Place, hopes this subject will be scheduled for a future meeting. Discussions are taking place with Vestar, the developer of the Tangerine and Oracle property, and neighbors in the immediate area. The nature of those discussions is largely pointless. There is a lot of useless discussion over the types of uses that is going in the shopping center. That is pointless because the Town exercises no control over use. The Vestar representative told the group that he did not have to do this, indicating that these meetings are a courtesy. What is the point of a courtesy if there is no serious intent to do anything about it? The problem is not with the misinformed residents, but in the code itself. The commercial code has a lengthy list of committed uses which are unqualified. There is no limit to the number of each individual use that can be in any shopping center. There is no stipulation as to the quality and nature of these uses. It encourages people to ask questions about use because the code itself is so vague. The commercial code has been before you, and it can be continuously amended. He suggested it should be in this regard. The neighborhood meetings need to be structured so they are under the auspices of the Town, not the applicant. The format and structure should be purposeful, have an objective and the March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 2 objective structured in such a way as to direct the residents into an avenue of discussion, question and answers that have some bearing and usefulness. These discussions with Vestar to this point have been pointless and he was embarrassed to observe them. He thought the Commission would be interested and perhaps want to take some action in a future meeting to take a look at that part of the code and see if something can be done about it. Chair Cox directed Staff to think about the comments and bring the suggested comments forward to the next meeting. MINUTES MOTION: Vice Chair Anning MOVED to approve the January 4, 2005 Planning and Zoning meeting minutes as written. Commission Manross seconded the motion. Chair Cox pointed out a spelling correction on page 2, 3rd line from the bottom, changing the word "not" to "no". Motion carried 5 yes, 0 no, with the above correction. 1. PUBLIC HEARING — OV9-04-10, PLANNING RESOURCES REPRESENTING DEVELOPMENT SITES LTD, 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 SOUTH SIDE OF TANGERINE ROAD NEAR CAMINO DEL PLATA AND JUST NORTH OF THE WILSON SCHOOL, PORTION OF PARCEL 224-11-0190 Chair Cox stated for the record that he placed in the record a copy of the conversation that he and Carl Winters had on the telephone about 6-7 weeks ago. Each Commissioner received a copy and had no questions. Carl Winters, applicant, 270 N. Church, said after this was recommended by the Planning Commission, it went to Mayor and Council who had some issues dealing with the 30% open space U.S. Fish and Wildlife was recommending, and whether or not it covered the entire property. A motion was made to deny and refer it back to the Commission. The chief reason was the lack of clarity as to what was happening with the conservation area and the concerns of Fish and Wildlife. Subsequently, there have been meetings with Fish and Wildlife. We now have what they want in writing. In addition, under the State Statute dealing with conservation areas, the law says a conservation area must be in favor of a not-for-profit organization that has conservation as one of its objectives. This area cannot be turned over to the Home Owners Association, because Fish and Wildlife lawyers feel this is allowing the home owners to monitor themselves and creates an inherent conflict. It is hard to find a conservation organization that will accept some responsibility for monitoring a small area. Sherry Ruther, Environmental Manager for Pima County, formerly with Arizona Game and Fish, worked up a means of doing this. The only area disturbed will be driveways and house pads. Staff has a concern that the house pads be big enough so if an owner subsequently wants a swimming pool they will not be restricted from being able to grade enough. This plan reflects enough area for the houses, roads and driveways, etc. and preserves 70% of the entire area. March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 3 Fish and Wildlife does not mind the HOA being the primary guardian. There is a backup, if the HOA doesn't monitor the property, of a plat note giving the Town of Oro Valley the ability to notify the HOA that they have to solve the situation. The Town becomes the third party organization and that is acceptable to U.S. Fish and Wildlife. Various kinds of notifications need to go to the property owners, i.e. CC&R's, Subdivision Plat, etc. There will probably be a management company that will make sure this happens. There will be an annual monitoring. The HOA will be obligated to hire someone qualified in the opinion of U.S. Fish and Wildlife to do the annual assessment. Mr. Winters told Commissioner McKee the CC&Rs will bind the HOA to make the report to Fish and Wildlife, so if they don't have someone do the monitoring, it will be a violation of the agreement with U.S. Fish and Wildlife, and there are enormous penalties. Mr. Winters replied to Commissioner Manross that the CC&Rs will be a contract with Fish and Wildlife and the HOA won't be able to discard them and create a new set. Mr. Winters told Commissioner Manross that an archeologist has not been hired at this time to investigate the high probability that the site may have some archeological resources. Commission Manross stated that it appears that it would be beneficial for the applicant to do so and get the information to the Commission in a timely fashion. Mr. Rick Sathre, President of Development Sites Limited, 710 W. Bangalor Dr., has been the owner of the property for about 14 months and working on the project for 1 1/2 years. The site is flat and easily developed without disturbing much of it, and 70% of the site can be easily preserved. The applicant is offering as part of the consideration of the zoning change to preserve not only a large portion of the rezoned area, which is the eastern portion, but also to put restrictions on the 3.3 acre lots that are west of the wash. The zoning change should be approved because: (1) Our proposal is 100% in compliance with the 1996 General Plan and with the General Plan that the citizens rejected last year. There is less density on the site than the General Plan would allow. (2) We are offering to preserve roughly 22 acres of the 32 acre site in cooperation with Fish and Wildlife and the Town of Oro Valley. A benefit the community receives is we are giving up the easements for the future widening of Tangerine Road. There are also benefits to the Town and School District to have more residents. Greg Sansbury, Copper Canyon Development, has signed an agreement with Development Sites Limited and if this item is approved, will be the builder/developer of the neighborhood. Greg Sansbury, Copper Canyon Development, 421 W. Ridge Peak Dr., said if the zoning goes through, he will be building semi-custom homes ranging from $450,000 to $600,000. Research showed realtors in the community are looking for that specific house range. He wants to introduce new ideas to the Town, such as using gray water systems on the entire parcel. The Water Department has been met with and water conservation is being considered. Reclaimed water is across the street and we are considering tapping into the reclaimed line for the landscaping of the subdivision, bringing the reclaimed through the easement to the Wilson School and allowing the school to be on the reclaimed water also. March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 4 Water Casa is trying to figure out how much water would be saved in a larger, more expensive house. Mr. Nodine gave the Staff Report. Mr. Nodine responded to Commissioner Bistany regarding clarification of the in-lieu fees, that the code provides the in-lieu fee because not all subdivisions are appropriate to put recreation areas in, i.e. smaller subdivisions, less dense subdivisions, subdivisions that are already next to a park. The code was set up recognizing that a recreation area wasn't appropriate in every case. So, a fee is dedicated that will help the Town provide recreation areas. The advantage to the Town is the money can go to Parks to provide recreation to the public in a more general area of the Town. The amount of money is the developed value of 1/4 acre based on fair market value. The developer is required to hire an appraiser to do an appraisal on what 1/4 acre of the property developed would be worth. That establishes the in- lieu fee. Commissioner McKee said that the Staff Report says a detention basin is needed, but the analysis report says it is not needed. Could it be clarified which is correct? Mr. Trenary, Public Works Engineering Department answered that there has not been a full review done yet. This is a natural drainage and at the moment it wouldn't need to have a detention basin, because the disturbance isn't going to be increased very much. Commissioner McKee asked a question regarding access to the wash. A trail through the wash seems to lead to nowhere and come from nowhere. One of the conditions is adequate barriers to intrusion into the school. What is adequate? Mr. Nodine responded to Commissioner McKee's question regarding access to the school, that he does not have the details from the Police as to what they were specifically looking for. Staff will look at the Preliminary Plat and Landscape Plan to make sure access has been addressed. Currently there is a chain link fence around the school property and recreation area, including paralleling north and south along the wash. Mr. Winters answered Commissioner McKee regarding new acceleration and turn lanes on Tangerine Road, that the applicant has no choice but to pay for those. In response to Vice Chair Anning regarding the area to the east of the subject site, Mr. Nodine said he believed there are 3 homes, one of which is vacant. Almost all of that area is low density residential, and a small portion is medium density residential. The project site matches the General Plan designation to the immediate east. Commissioner Manross said the builder made reference to volunteering to take the effluent water line from across Tangerine through the property and under the school. Is Wilson going to be part of the effluent system already in design? Mr. Nodine did not know. Attorney Andrews said it would depend on the amount of irrigable acreage on the property as to whether they would be required to use the effluent, i.e. 5 acres of land needing irrigation. March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 5 Mr. Nodine answered Commissioner Manross' question regarding the Town's responsibility to oversee the CC&Rs, that the Town would not be involved in the enforcement of the CC&Rs. The only thing the Town does with CC&Rs is to make sure that they meet the stipulations of the plat. In other words, that way we make sure that the home owners when they read the CC&Rs are notified of what requirements there are. Other than that besides the first review of the CC&Rs, we don't get involved in any enforcement. We simply review them at the time of the final plat. Mr. Nodine responded to Commissioner McKee that the owners of the property will not be able to have horses, because the area is designated as conservation area. Corrals or areas that are designated for livestock are considered to be areas which are graded. PUBLIC HEARING opened at 7:00 p.m. Aaron Franco, 12833 N. Mystic View Place, was in attendance to show his support of the builder, Greg Sansbury of Copper Canyon Development. Mr. Franco owns one of the homes Mr. Sansbury built. Mr. Sansbury's homes are of the utmost quality and would be an asset to the Town of Oro Valley. Rev. William Seale who turned in a blue speaker card was called out of the meeting prior to the public hearing and will not be speaking. His card indicated support of the project. PUBLIC HEARING closed at 7:02 p.m. Chair Cox said he spent a fair amount of time walking and looking at the site. It is a great site. He knows Mr. Sansbury in a professional relationship and Mr. Sansbury builds a quality product. The agreement to join with the gray water process is certainly beneficial to the Town. MOTION: Vice Chair Anning MOVED to recommend approval of OV9-04-10, rezoning 17.57 acres located on the south side of Tangerine Road near Comino Del Plata from R1-144 to R1-36, subject to the conditions listed in Exhibit A attached. Commissioner Bistany seconded the motion. Discussion: Vice Chair Anning said this project is consistent with the goals and objectives of the General Plan for this area. It does respect the density to the west of Vista del Sol by matching a comparable density between the wash and Vista del Sol. It is a nice mesh with the Wilson School because there can be a walkway access between the lots and the school. It respects the density proposed in the General Plan for the area to the east. This is a development that deserves to be done. The developer is doing a tremendous job of preserving natural space. Motion carried 5 yes, 0 no. March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 6 2. PUBLIC HEARING - OV8-04-11, FINA COMPANIES LLC, REPRESENTING MERCADO BSF LLC, REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT TO DEVELOP LOTS 14 & 15 OF THE MERCADO DEL RIO COMMERCIAL CENTER AS AN AUTOMOTIVE SERVICE AND REPAIR FACILITY, LOCATED ON THE NORTH SIDE OF PUSCH VIEW LANE, WEST OF ORACLE ROAD ON PARCEL 224-281-43A Paula Donley, applicant, 1980 E. Palisades Road representing the master development, Mercado del Rio, showed a plan of the site. Mayor and Council recommended approval for a CUP for Brakemaster. Auto uses were restricted to five lots. The rest of the lots are restricted by the CC&Rs and cannot be used for auto in any way. Because the five lots back up to the back of Target, it is not a very attractive site and thus is an appropriate area for auto use. Limited in the CC&Rs are that any bay doors cannot face Pusch View and cannot face into the rest of the project. We have worked to mitigate some visual impact with additional landscaping and with a screen wall. Chad Nicholas, Development Project Manager with Fina Companies, 1800 N. Stone Avenue, spoke. Fina Companies will be purchasing lots 14 and 15 of the Mercado del Rio development and will be building a 7,500 square foot building which will be leased to Firestone Retail Operation, USA. This building will consist of approximately 10 bays, a showroom, office space, tire storage, 33 parking spaces, and a 10 foot landscaped buffer. The building will be in compliance with the Mercado del Rio design criteria. Two conditions Staff placed on the CUP are the sound mitigation and visual screening of the bay doors. A sound study was done on the Mercado del Rio subdivision. Basically the report states in Exhibit B that the sound from the air guns of approximately 45 decibels will be traveling at a 45 degree angle across Pusch View Lane. On a normal day on Pusch View Lane, traffic will create approximately 60 decibels, which will then in theory wash out the sound from the air guns. On a Saturday/Sunday morning there may not be as much traffic on Pusch View Lane, so dense vegetation and architectural screen wall will be placed on the southern and eastern lot lines. This is being done in conjunction with Paula Donley and her staff. The screening wall also screens the bay doors. There will be a 6 foot Mercado del Rio monument sign that will also aid in abatement of the noise and visual screening. Overall the criteria set forth by Staff has been met. Mr. Nodine gave the Staff Report. Mr. Nicholas told Commissioner Manross that the hours of operation as stated in the Staff Report indicating Monday through Friday and Saturday are correct. They will not be open on Sunday. PUBLIC HEARING opened at 7:15 p.m. Bill Adler, 10720 N. Eagle Eye Place, agreed with Mrs. Donley that the selection of the lots is appropriate. He is concerned about trying to judge noise levels based upon a written report. He is concerned about the accumulation of noise from the uses, not just looking at the noise generated from each individual use, but the collective noise combined with the road noise. All this is easy to put into a report summarized with decibels. Noise needs to be listened to. What could and should be done is to have a simulation. The various noises could be recorded and be combined into a tape for the Commission to listen to, or it could actually be March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 7 aired on site. If the Commission wants to be serious about trying to be sure noise is mitigated, it has to be listen to. The written report does not do an adequate job in helping understand what the accumulative noise impact could be on the residents across the street or to Risky Business nearby. The Commission can rely on the report, or help contribute towards simulation of the noises so as to actually listen to the noises at 65 or 67 decibels combined with an additional 54 from some other location and see what it sounds like. You would be better informed to know if it is being adequately mitigated. PUBLIC HEARING closed at 7:18 p.m. Mr. Nicholas said the report by the acoustical consultant, states that the typical municipal ordinances are set not to exceed limits, and consider instantaneous noise levels to be below 50 to 55 decibels at night and 60 to 65 decibels during the day to be acceptable. We are still at or below that level. Chair Cox said in the conditions set forth, the applicant has stated there will be certain hours of operation, but they have not been stipulated. He shares the concern of noise and some of Mr. Adler's concerns that from time to time we should try to simulate the noise. The problem is that it is difficult to do. Chair Cox would be more comfortable with the hours stipulated in the conditions and stated in the motion. Commissioner McKee said the noise level measurement is a tricky thing. You can simulate, but wind and atmospheric conditions make a difference. If the noise level is below 65 decibels, it will probably be alright. This may need to be reviewed after it is built and check to see if it is below the 65 decibels. On the noise report it references a hotel to the west of the car wash. Is that going to happen? Mr. Nodine had not seen a proposal yet and would let the applicant answer that question. Mrs. Donley said there has been discussion with some hotels about the possibility of locating to the west of the car wash. Commissioner McKee commented that there will be a "bounce" effect with the noise and that may affect the hotel. Commissioner Manross said that from the town limits at Suffolk Hills up to First Avenue there are ten automobile repair places, brake shops and/or tire stores already in operation or in the process of being built. Now another one is proposed here on a place where there is already a brake center approved right next to this proposal and another brake shop already on the property out front. He is concerned that there is going to be an overload of car shops on the Oracle Road District. That needs to be considered when the Commission votes. MOTION: Commissioner Manross MOVED to recommend denial of OV8-04-11, conditional use permit for a Firestone store on lots 14 and 15 of the Mercado Del Rio Commercial Center. Motion failed for lack of a second. MOTION: Commissioner McKee MOVED to recommend approval of OV8-04-11, conditional use permit for a Firestone tire store on lots 14 and 15 of the Mercado Del March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 8 Rio Commercial Center, subject to the conditions described in Exhibit A and subject to the hours of operation changed as discussed to prevent operation on Sundays. Vice Chair Anning seconded the motion. Motion carried 4 yes, 1 no. Commissioner Manross voting no. 3, PUBLIC HEARING - OV8-04-09, JOHN REDDELL ARCHITECTS, INC., ON BEHALF OF THE PROPOSED ORO VALLEY CAR WASH, REQUESTS APPROVAL OF A CONDTIONAL USE PERMIT TO DEVELOP LOT 11 OF THE MERCADO DEL RIO COMMERICAL CENTER AS A AUTOMOTIVE CAR WASH, LOCATED ON THE NORTH SIDE OF PUSCH VIEW LANE, WEST OF ORACLE ROAD ON PARCEL NUMBER 224-28- 143A John Reddell, John Reddell Architects, 2501 N. Hayden Road Suite 103, Scottsdale, AZ, applicant, said his request is a conditional use permit for a full service car wash. It would be located on lot 11 which is the rear lot at the very northeast corner of Mercado del Rio. The site is approximately 53,000 square feet and is a long narrow site with an overhead power line with the easement going north/south through the site. That limits construction of any building on the site to the west side. It dictates placement of structures on site and vehicular circulation. Vehicular circulation for a car wash should be in a counter clockwise motion which eliminates cross-vehicular circulation and makes it easier for the customer. It also allows for an easy on and exit off of a tunnel conveyor, which this car wash will have. Cars would enter off Pusch View and be directed to the north to the vacuum canopy at the rear of the property. Noise has been an issue at the vacuum area. The vacuum is generated by a motor which is housed within a confined building with a pipe that comes out with a very low noise generation. All the equipment for the car wash is housed within the tunnel area which has an opening for the car to enter and exit. The west side has an equipment room which is housed within a masonry structure. Per a condition in Exhibit A there will be a partial wall with vegetation and an extended 5 foot high wall to help with noise contamination. Mr. Reddell talked with Kevin McCaleb, Town of Oro Valley Water Conservation Specialist and submitted a water conservation plan. It is a reclaimed and conserve system. In all car washes the water is taken through a series of sediment tanks before going into the public sewer system. This system pumps the water out of the conveyor and catches it in a 2,000 gallon, three compartment sediment tank which collects all the larger solids. Then the water goes into a 2,000 gallon single tank where it slows down allowing the finer solids to settle. The water then goes back into the equipment room where the conserve system takes 100 gallons per minute, cleaning it and put it back into a 3rd 2,000 gallon holding tank. From the holding tank it goes back into the car wash system. Approximately 49 1/2 gallons are used per car, which is significantly less than the 75 to 140 gallons used washing a car at home. About 37% of the water is reclaimed and about 12 1/2 gallons of fresh water used per car. There is some carry off water residual on cars as they leave. Through the process of the water being captured and used, approximately 74.7% is reclaimed. The percentage of fresh water is about 25%. Future expansion is planned with a building at the rear for detail. The bays open towards the service area of Target. Trash pickup would be at the rear of the property. There would be a one-way exit out of the back side for trash collection and a full circle drive for fire protection. March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 9 Mr. Nodine gave the Staff report. To make clear for the record, the building to the north is not being approved at this point, only the overall conditional use for the property. Mr. Nodine told Commissioner Bistany that the hours of operation were established by the code when it was being drafted, considering what would be reasonable in operations of this kind. If the Commission had additional concerns about the hours of operation, that could be stipulated as an additional condition. PUBLIC HEARING opened and closed at 7:40 p.m. No speakers. MOTION: Commissioner Manross MOVED to recommend approval of OV8-04- 09, conditional use permit for a car wash on Lot 11 of the Mercado Del Rio Commercial Center, subject to the conditions within Exhibit A. Vice Chair Anning seconded the motion. Motion carried 5 yes, 0 no. BREAK: 7:35 p.m. to 7:40 p.m. 4. FISCAL YEARS 2005-2006 THROUGH 2009-2010 CAPITAL IMPROVEMENTS PLAN Mr. Nodine gave the Staff Report. The Commissioner's recommendation will go to the Town Council on March 16'2005. Commissioner Bistany commented that he had attended the CIP meetings and wanted to make it a matter on record that Mr. Nodine's participation and handling of the meetings was great. His dedication and knowledge were very helpful. He personally thanked Mr. Nodine for his efforts. MOTION: Commissioner Manross MOVED to recommend approval of the FY 2005-06 CIP as presented by the TAC and forward to Council. Commissioner Bistany seconded the motion. Motion carried 5 yes, 0 no. PLANNING UPDATE Mr. Nodine said there was nothing to report at this time. ADJOURN REGULAR SESSION MOTION: Vice Chair Anning MOVED to adjourn the Planning and Zoning Commission regular session at 7:55 p.m. Commissioner Manross seconded the motion. Motion carried 5 yes, 0 no. Respectfully submitted, Diane Chapman, Recording Secretary