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HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 7/5/2005 APPROVED MINUTES PLANNING COMMISSION REGULAR SESSION JULY 5, 2005 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:00 PM CALL TO ORDER ROLL CALL PRESENT: Acting Chair John Anning Commissioner Bill Adler Commissioner Teree Bergman Commissioner Pete Bistany Commissioner Don Manross Commissioner Doug McKee Commissioner Honey Pivirotto (arrived at 6:10) Also Present: Mayor Paul Loomis Lyra Done, Member Budget and Bond Joe Andrews, Civil Attorney Bryant Nodine, AICP, Planning and Zoning Administrator CALL TO THE AUDIENCE opened and closed at 6:02 p.m. There were no speakers. MINUTES MOTION: Commissioner Adler MOVED to approve the June 7, 2005, Planning and Zoning Commissioner regular meeting minutes as presented. Commissioner McKee seconded the motion. Motion carried 6 yes, 0 no. 1. ELECTION OF OFFICERS The office of Planning and Zoning Commission Chair is vacant and needs to be filled. Commissioner Bistany nominated Acting Chair John Anning to serve as Planning and Zoning Chair. Commissioner Manross seconded the nomination. There were no other nominations. Commissioner Adler MOVED to accept the nomination of Mr. Anning by acclamation. Commissioner Bergman seconded the motion. Motion carried 6 yes, 0 no. • July 5, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 2 The office of Planning and Zoning Commission Vice-Chair needs to be filled due to the election of Acting Chair Anning to Chair. Commissioner Adler nominated Commissioner Bistany to serve as Planning and Zoning Vice-Chair. Commissioner Bistany seconded the nomination. Commissioner Manross nominated Commissioner McKee to serve as Planning and Zoning Vice-Chair. Commissioner McKee seconded the nomination. Chair Anning called for a vote on the nominations for Vice-Chair. Commissioners Adler, Anning and Bistany voted yes for Commissioner Bistany. Commissioners Manross, McKee and Bergman voted yes for Commission McKee. The nominations failed due to a tie vote. Commissioner Pivirotto arrived at 6:10 p.m. Attorney Andrews suggested that someone be appointed as acting Chair until the September meeting and then bring the appointment of a Vice Chair back on the agenda. The consensus of the Commissioners was to appoint a Commissioner to act as temporary Acting Chair for the August meeting when Chair Anning will be absent. Chair Anning appointed Commissioner Bistany to Acting Chair for the August meeting of the Planning and Zoning Commission. 2. PUBLIC HEARING, FISCAL YEAR 2005-2006 PLANNING AND ZONING WORK PLAN Mr. Nodine gave the Staff Report. See worksheet attached to the Staff Report for projects that are ongoing, annual, or substantially complete. Mr. Nodine responded to Commissioner Bergman's question regarding the reference to the General Plan, that it is a reflection to the policies in the old Plan. If the new Plan is ratified by the voters, there will be a number of new policies that will need to be looked at. He recommended that mid-year all of the tasks in the Strategic Implementation Plan that are listed for short term be reviewed and brought back to the Commission to look at priorities with the newly ratified Plan. Commissioner Adler asked if a definition of clustering would be including in the Environmentally Sensitive Land ordinance. Mr. Nodine said it could be included. Commissioner Adler said under Development Review Procedures, he would like an opinion on procedures outlined under Conditional Use Permits (CUP). We are advised that design of a project is a Development Review Board (DRB) priority. The DRB looks at use as a Planning Zoning priority and are advised by Staff not to consider it. He July 5, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 3 thinks that CUPs cannot be decided without getting into both suitability of use and compatibility of design. He would like to include in the Development Review Procedures, that the CUP section be clarified with regard to whether the Planning and Zoning Commission can consider both of those features when reviewing a CUP. Mr. Nodine replied that Staff had not included CUP in the rezoning and PAD submittal requirements and procedures, but they could be included. There is some consideration of design needed to the extent that meets the requirement related to minimizing the impacts on the adjacent neighborhoods, etc. There have not been any problems with the approach being taken. It is the Commission's decision whether this should be considered in the amendments. Commissioner Adler reminded the Commission that with the CUP for Fletcher's Tire mitigation of noise to the neighbors, building placement and traffic configuration were considered, which were design features. MOTION: Commissioner Adler MOVED to amend the 2005-2006 Planning and Zoning Work Plan with the following element added to the Development Review Procedures section: Add Conditional Use Permit review, which shall include project design as needed to address use impacts. Commissioner McKee seconded the motion. Discussion: Commissioner McKee asked if this was needed to allow the Commission to look at the design. Mr. Nodine said there were 4 findings. The first 3 related to safety, traffic and noise associated with the traffic. The last finding was more general and related to the compatibility of the use with the surrounding uses. The Commission would have to deal with some design issues to meet that last requirement. Commissioner Adler stated that we have to be careful not to factor design into our deliberations. The code should be clarified for future Commissions on this issue. Motion carried 7 yes, 0 no. Commissioner Adler stated that Save-a-Plant does not send out notices of salvages and asked it there was anything the Commission could do to encourage the use of this program? Mr. Nodine told the Commission that Staff has not taken an active role in Save-a-Plant for the last three years, as we have not had enough Staff to support the program. This year about $2,000 was budgeted for Save-a-Plant to hire a temporary position to help with coordination. This will entail contacting the applicant for permission to go on the site for the salvage, scheduling mailings and notifications, and helping with the salvage. Commissioner McKee asked if there wasn't a competitive situation with a private organization that is doing the same thing. July 5, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 4 Commissioner Adler pointed out that the other organization sells the plants salvaged. The benefit of Save-a-Plant is that the plants are salvaged and stay within the Town and are free. Mr. Nodine said the organization is the Succulent Society and he will check with the contact person. PUBLIC HEARING opened and closed at 6:25 p.m. There were no speakers. MOTION: Commissioner Manross MOVED to forward the 2005-2006 Planning and Zoning Work Plan to the Town Council recommending adoption as amended in the above motion. Commissioner Bistany seconded the motion. Motion carried 7 yes, 0 no. 3. OV7-05-07, REQUEST TO INITIATE AMENDMENTS TO 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 how much of a financial impact would this have on a contractor and was it only when they are working on the Town's infrastructure. Mr. Nodine said it would be private infrastructure also. It is mostly related to commercial projects, because most residential projects use the third party trust. He would have to research the financial impact. With a letter of credit there would have to be money kept in reserve. The risk before with the letter of credit was that the Town was not listed as a releasing party. The letter would sometimes expire and the Town was not notified. The key is to structure the letter of credit to assure it is not released without the Town being a party. MOTION: Commissioner Bistany MOVED to initiate an amendment to address the allowable forms for assurance. Commissioner Bergman seconded the motion. Motion carried 7 yes, 0 no. 4. OV7-05-08, REQUEST TO INITIATE AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED SECTION 24.7.D, DEVELOPMENT STANDARDS WITHIN AND AROUND RIPARIAN HABITAT OVERLAY DISTRICT, TO ADDRESS THE PLATTING OF LOTS INTO RIPARIAN HABITAT Mr. Nodine gave the Staff Report. Commissioner Adler asked if it was necessary to initiate this in view of the fact that it is part of the Work Plan already. Mr. Nodine said that at some point it would need to be initiated, so as long as it is initiated in general enough terms so that we can do more than just look at the issue of July 5, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 5 platting, it can be initiated at any point. Per the Work Plan this project will be starting in a few months. Commissioner McKee asked if the Commission initiates it now, would we be codifying what you are already doing. Mr. Nodine said no. What Staff recommends is that it be initiated, but from the point of view of many more things than just the platting into the riparian areas. In spite of the fact that it would be initiated now, per the Work Plan it would not be started until about October. Commissioner Manross asked if the new General Plan would have an impact on this. Would it be best to wait and see whether the Plan is ratified to initiate anything? Mr. Nodine said he was concerned with that, i.e. should he include policies that are adopted but not ratified. However, there are policies he thinks the Town would want to go forward with regardless if the Plan is ratified or not. MOTION: Commissioner Adler MOVED to initiate an amendment to the Riparian Habitat Overlay District. Commissioner Bistany seconded the motion. Motion carried 7 yes, 0 no. 5. OV7-05-09, REQUEST TO INITIATE AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED SECTION 28.7, TEMPORARY SIGNS ON PUBLIC PROPERTY, AND SECTION 28.9, PROHIBITED SIGNS, TO ADDRESS TEMPORARY SIGNS IN PUBLIC RIGHTS-OF-WAY Mr. Nodine gave the Staff Report. Attorney Andrews stated that there were problems in the past with a sign code that would allow commercial speech, i.e. real estate signs, in the right of way, but prohibited political signs in the right of way. The Town lost a lawsuit regarding this issue. Subsequently, the sign code was redrafted. Currently the sign code allows temporary signs in certain zones and under the same or similar circumstances as other temporary signs. That went to the District Court this last year. We won the case and the District Court held that our sign code is constitutional as drafted as enforced. If we go forward with this, the problem we run into with the First Amendment is that it is basically an "all or nothing" provision. If a sign is allowed in the right of way, i.e. a garage sale sign, and the context of garage sale sign is removed, it is a commercial sign. If you allow this, then we can basically erase most of the remainder of the code, because anyone can place a sign under the same or similar circumstances under the Constitution. Once we allow this under a different provision, we basically take our code and allow sign to proliferate in a way the Town would not enjoy. The only way you can make it so you can regulate speech, is if the regulation is content neutral, which means that when you look at the sign, do you have to read it to determine whether or not it is regulated. July 5, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 6 Commissioner Adler said there is no enforcement, so the Town is allowing commercial signs in the public right of way. It needs to be enforced. The Notice of Violation is not sufficient. If the Town Staff isn't authorized for the overtime to go out and cite the signs, he would ask that enforcement be assigned to either the Police Department or the Citizen Assistance Volunteer Program. They could enforce on the weekends when Staff is not available. Rather than allowing signs, stipulate in the Code how enforcement is to occur. Attorney Andrews that to get the Police Department involved, it would be outside of the Zoning Code. In addition, the citation system was part of the reason the Court cited to the Constitutionality of our Code, saying the Town of Oro Valley clearly recognizes the speech concerns of its residents by using the two step system. Mr. Nodine said currently enforcement is done randomly two weekends per month. Friday afternoons have recently been included. The violations are handled by placing a violation notice immediately so it is clear to everyone that it is a violation. If possible, the person called and told they need to remove the sign, giving them a reasonable time for removal. If not removed within the time frame, a violation is given. The issue is contacting the person. The signs are not picked up due to storage and handling, and problems with people saying their sign were destroyed or lost. Mr. Nodine told Commissioner Bistany that is any kind of sign, not just garage sale. Mr. Nodine told Commissioner McKee that there is no penalty for a violation. Citation is set by the Court. The Court calls for$2,000 per violation per day. Attorney Andrews said that is a maximum fine. Most people claim not to know the signs are not legal and pull their signs out of the right of way. MOTION: Commissioner Manross MOVED to NOT initiate an amendment to address temporary signs in public rights-of-way. Commissioner McKee seconded the motion. Motion carried 6 yes, 1 no, Commissioner Adler voting no. PLANNING UPDATE Projects that have come through the Commissions are: • Tangerine/La Cholla Riparian Map Change —denied by Council • Big Horn Commerce Center—Annexation and rezoning were approved by Council • Oro Valley Country Club CUP — approved by Council, Development Plan was approved by DRB and they are in the process of getting building permits. • Rezoning north of Wilson School — approved 4/20/05 with additional conditions of a reduction of lots to 17 and a requirement for a reclaimed water line useable by the school. • A number of CUPs on Pusch View Lane have been approved by Council with the exception of the Firestone Tire store. The applicant told Staff not to process their application further. July 5, 2005 APPROVED MINUTES PLANNING AND ZONING COMMISSION 7 • La Cholla Airpark pre-annexation development agreement, the R1-300 and the Airport Environ Zones were approved by Council. • Planning and Zoning Commission duties and responsibilities (Chapter 1) were approved by Council in May. • Public noticing procedures go to Council in August. • Commercial Code amendments may go to the Commission in August. • Assurances and non-conforming uses were approved by Council 6/15/05. ADJOURN REGULAR SESSION Meeting adjourned at 6:55 p.m. Respectfully submitted, Diane Chapman, Recording Secretary