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HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 8/2/2011 MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR SESSION August 2, 2011 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER AT OR AFTER 6:00 P.M. Chair Swope called the meeting to order at 6:01 P.M. ROLL CALL PRESENT: Clark Reddin, Chairman Joe Hornat, Vice Chair Alan Caine, Commissioner Mary Caswell, Commissioner Robert La Master, Commissioner Robert Swope, Commissioner John Buette, Commissioner PLEDGE OF ALLEGIANCE Chair Swope led the audience in the Pledge of Allegiance. CALL TO THE AUDIENCE (Non Agenda Items Only) Opened and closed without comment. COUNCIL LIAISON COMMENTS Councilmember Liaison Joe Hornat had no announcements to report. 1. Public Hearing: AT&T Mobility, requests approval of a conditional use permit for a major communications facility located at the west end of Matterhorn Way within the Highlands Mobile home park, represented by AT&T Mobility. The applicant has requested a continuance to the Planning & Zoning Commission October 4th Meeting, OV811-001. For questions and additional information, please contact Chad Daines, Principal Planner, at (520) 229-4896 or cdaines@orovalleyaz.gov. Chad Daines, Principal Planner, presented the following: - Summary - Recommendation Jaret Barr, representing AT&T, presented the following: - He had previously spoke with the Parks and Recreation Department about which pole location would work. Tucson Electric Power(TEP) will not approve AT&T going on the existing pole or replacement pole. AT&T has been speaking with T-Mobile regarding a third proposal which consists of combining facilities on a separately built pole that is not owned by TEP. Chairman Swope opened the public hearing. Mary Gravelle, Oro Valley resident, stated her home would be the most impacted by the additional cell tower. Ms. Gravelle likes the alternatives from the last meeting regarding using the single pole that already exists or the pole at the park. She takes this issue very seriously since being notified and every time she looks out her living room window she is reminded of the unfinished business. She finds it very disrespectful that the applicant is not taking this seriously and continues to ask for additional time. Based on this, she respectful asks the Commission to deny the continuance and deny the conditional use permit. Dale Weirick, Oro Valley resident, stated the proposed cell tower is about a hundred yard from his house and would be an obstacle of his view of the Catalina Mountains. From an environmental standpoint he very much against this cell tower. Mr. Weirick agrees with the previous speaker that the continuance should be denied. Wareen Bailey, Oro Valley resident, stated this is similar to someone asking you if they could place a portable toilet in front of your house and went on to comment that he is opposed to the proposal. MOTION: A motion was made by Commissioner Buette and seconded by Commissioner Napier to continue OV811-011 to the October 4, 2011 Commission meeting with specific direction to the applicant to explore relocation of the proposed facility to River Front Park. Discussion ensued amongst the Commission. MOTION carried, 5-2 with Vice Chair Cox and Commissioner Large opposed. 2. Public Hearing: Amendment to the Oro Valley Town Centre Planned Area Development. The Planned Area Development modifications requested will allow stand alone multi-family residential uses, additional convenience uses, increase maximum building height for offices to 50 feet, and modifying the tentative development plan to allow increased development flexibility, (0V911-03). For questions and additional information, please contact Matt Michels, Senior Planner, at (520) 229-4822 or mmichels@orovalleyaz.gov Keri Silvyn, non-resident, presented the following: - Vicinity Map - Existing Zoning - Previously Approved Site Plan - Proposed tentative Development - Illustrative Site Plans - Area #1 - Proposed Height - Uses - Convenience Uses - Multi-Family Use - Pedestrian Amenities - Concerns Matt Michels, Senior Planner, presented the following: - Planned Area Development (PAD) - Project History - Applicant's Request - Evaluation of Amendment - Context Map - Location Map Detail -Area #1 - General Plan land Use - General Plan - Applicable Policies - Approved OV Town Center PAD - Oracle Road Scenic Corridor Overlay District (ORSCOD) - OV Town Centre PAD Land Use - Development Areas - Examples of Permitted Uses - Existing Town Centre PAD Development Standards - Proposed Convenience Uses - Proposed Building Height - Multi-Family Residential - Illustrative Site Plan#1 - Illustrative Site Plan #2 - Illustrative Site Plan #3 - Illustrative Site Plan #4 - Public Outreach April 14 Neighborhood Meeting issues - PAD Amendment Process - Conclusion - Recommendation Paul Keesler, Permitting Manager, presented the revised Exhibit "A" Engineering Conditions. Chairman Swope opened the public hearing. Paul Loomis, Oro Valley resident, stated that this is a unique site. Changing this to residential and office space limits the opportunity for the Town. Maybe this should not be a Planned Area Development and should be broken up into the zoning categories. Mr. Loomis is opposed to this change and believes there is a lot more work that can be done and should be more specific with respect to the uses in the particular areas. Don Bristow, Oro Valley resident, stated his concerns are the convenience uses which we already have a lot of along Oracle Road. He is also concerned about the suggestion of moving toward a traditional strip mall. Alisdair Innes, Oro Valley resident, is concerned about additional apartments. Alvin Lewis, Oro Valley resident, stated there are four apartment complexes within half a mile of the proposed area. Mr. Lewis does not see a need for additional multi-family residences or for a hotel due to height concerns. Bill Adler, Oro Valley resident, stated that the New Urbanist Traditional Neighborhood Design land use principles are central to sustainability. Mr. Adler recommends a joint study session with Town Council, the applicant and staff, for the Town leadership to understand the intent of the mixed use zoning. Focus needs to be on the interest, values and vision of Oro Valley. Chairman Swope closed the public hearing. MOTION: A motion was made by Commissioner La Master and seconded by Vice Chair Cox to continue Oro Valley Town Centre at Rooney Ranch PAD amendments as shown in Exhibit "A". Commissioner La Master withdrew his motion. The motion did not receive a second and was lost. Vice Chair Cox asked the applicant to comment on a continuance and the possibility of the joint study session? Ms. Silvyn responded that there are a number of reasons the applicant is uncomfortable with the continuance. She has been working on this amendment with staff, La Reserve and the neighbor's for the last eight months and believes she is able to answer the questions that have been asked this evening. David Williams, Planning Manager, commented that a mixed use ordinance will take more than thirty or sixty days to complete. Discussion ensued amongst the Commission. Commissioner Napier asked the applicant if they would entertain a condition limiting the number of convenience uses. Ms. Silvyn responded that the applicant is seeking additional flexibility for convenience uses and would be limited by the conditional use permit requirement proposed. MOTION: A motion was made by Commissioner La Master and seconded by Commissioner Napier to approve with conditions, the Oro Valley Town Centre at Rooney Ranch PAD amendments as shown in Exhibit "A". Mr. Williams asked Chairman Swope if the motioner and second intended to include the revised engineering conditions. Commissioner La Master and Commissioner Napier responded with yes. MOTION carried, 6-1 with Chair Swope opposed. 8:40 - Commissioner La master excused from the rest of the meeting. 3. Public Hearing: Amendment to Zoning Code relating to the outdoor display of merchandise for commercial businesses, Sections 25.1, Requirements for Specific Uses, and Chapter 31 Definitions, (0V711-005). For questions and additional information, please contact Chad Daines, Principal Planner, at (520) 229-4896 or cdaines@orovalleyaz.gov. Chad Daines, Principal Planner presented the following: - Background - Zoning Code Amendment - Outdoor Display - Section 25.1 Key Proposed Provisions - Commission Discussion Items - June 7th - Outdoor Display Areas - Outdoor Displays - Storefront - Summary Commissioner Caine suggested placing a time limit of a year on the special use permit and then use the proposed amendment as guidelines for what are acceptable displays. Mr. Daines responded that the current ordinance permits outdoor displays by special use permits. It would only require a public hearing and approval by Town Council. Discussion ensued amongst the Commission and staff. Chairman Swope opened the public hearing. Dick Johnson, Oro Valley resident as well as ambassador to the Mayor for business, stated he was concerned about this amendment. How has staff coordinated with the business community? What makes sense from the business view point? Mr. Johnson suggested that staff talk to the business community, find out what their thoughts are and have that input provided to the Commission. Don Bristow, Oro Valley resident, stated there are a lot of potential dangers here, you don't want people in the drive way looking at merchandise. This is where the government is very important to protect the safety of its citizens. There are a lot of safety issues that need to be looked at. How do you judge what is acceptable to be displayed? Dave Perry, Oro Valley resident and President/CEO of Northern Pima County Chamber of Commerce, stated the Chamber of Commerce would support amendments to the Zoning Code that would allow outdoor displays of merchandise that would create standards and achieve some form of unity within the community. The Chamber would also support a stream lined process for the business community to allow these uses, one that would not require repeated trips to Town Hall to receive permission to do these things. Mr. Perry doesn't believe there has been an outreach to the business community regarding this proposal. Mr. Perry agrees with Commissioner Caine regarding the relative length of facades and how much display space would be available. Mr. Bristow makes a good point that many of our merchants are residents of this community. Yes residents come first but the business community must also be heard. Staff needs to communicate with the business community and make sure they have input into the decision process. Bill Adler, Oro Valley resident, assumes this proposal was initiated to provide relief from the recession. If we are going to try and help business people through the recession, we should do it as we did the sign code. Mr. Adler suggested providing a temporary exemption to this provision in order to allow any business to place displays on the sidewalk. If the Town is interested in providing relief from the recession then that would indicate a different approach than the one which was being considered. Chairman Swope closed the public hearing. MOTION: A motion was made by Commissioner Buette to deny OV711-05, Zoning Code amendments relating to outdoor displays as specified in Attachment 1. The motion did not receive a second and was lost. MOTION: A motion was made by Commissioner Caine and seconded by Vice Chair Cox to recommend approval of OV711-05, approval of Zoning Code amendments relating to outdoor displays as specified in Attachment 1 except that 25.1.F be modified to restrict outdoor displays to 50 percent of the building facade. Discussion ensued amongst the Commission. MOTION carried, 5-1 with Commissioner Buette opposed. 4. Discussion and possible action to initiate a Zoning Code amendment to Chapter 28 Signs of the Oro Valley Zoning Code Revised related to Section 28.6.C.6 Real Estate Signs. For questions and additional information, please contact David Williams, Planning Manager, at (520) 229-4807 or dwilliams@orovalleyaz.gov. David Williams, Planning Division Manager, stated that the real estate industry has reached out to the Town regarding industry signage. The Zoning Code limits real estate signs to five feet which causes real estate companies to have two sets of signs. The real estate industry is asking the Town to consider a code change to allow up to six feet. MOTION: A motion was made by Commissioner Caine and seconded by Vice Chair Cox to initiate a Zoning Code amendment to Chapter 28 Signs of the Oro Valley Zoning Code Revised related to Section 28.6.C.6 Real Estate Signs. Chair Swope allowed speakers into the discussion. Don Bristow, Oro Valley resident, stated there is an interest in the real estate industry to go from five feet to six feet in order to allow a rider on top of the sign for marketing purposes only. What we have here is a marketing effort from the real estate industry to bring in marketing and merchandising into our neighborhoods without respect to the environment and neighborhoods. The smaller signs have been very successful in selling homes and no benefit can be proven for the bigger signs. Steve Huffman, Oro Valley resident and Government Affairs Director for the Tucson Association of Realtors, stated he has no concerns with the previous issues stated by Mr. Bristow. When the new sign code was written, the height was set at five feet. The sign committee that worked on the code initially had recommended six feet, Mayor and Council changed it to five feet. There are a couple of national companies that receive their signs from a national distributor. Mr. Huffman asked the Commission to consider increasing the allowable height of temporary signs on private property from five foot to six foot. Bob Semple declined to speak. Dave Perry declined to speak. MOTION carried, 6-0. 5. Planning Division Manager Update David Williams, Planning Division Manager, presented the following: - Upcoming Neighborhood Meeting for HSL Apartments in Rancho Vistoso, August 4, 2011. - Desert Sky Subdivision, request to amend the Zoning conditions to allow two-story homes. - General Plan Amendment - Rancho de Plata. - Met with representatives of Homewood Suites to discuss possible development scenarios. - Dunkin Donuts proposal to add a drive through and repaint the building. - Model home review - Tele communication providers to identify and assess long range plans for wireless facility expansions. - APA Conference on September 28-30 at the Westin La Paloma. 6. Future Agenda Items ADJOURNMENT MOTION: A motion was made by Commissioner Buette and seconded by Commissioner Large to Adjourn the Planning and Zoning Commission Meeting. MOTION carried, 6-0. Prepared by: CaLli;j2,A_,-2</L92 Roseanne Flores Recording Secretary I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Planning and Zoning Commission of Oro Valley, Arizona held on the 2nd day of August 2011. I further certify that the meeting was duly called and held and that a quorum was present.