HomeMy WebLinkAboutOV100804TOWN OF ORO VALLEY
PLANNING & ZONING DIVISION
11,000 N. LA CANADA DRIVE, ORO VALLEY AZ 85737
Phone: (520) 229-4800 Fax: (520) 742-1022
BOARD OF ADJUSTMENT APPLICATION
FOR: _ Zoning Variance
_ Zoning Interpretation
Appeal of Administrative Decision
NATURE OF REQUEST: See Attached
APPLICANT: The P
PHONE: 623-
ADDRESS: 110
Center (Bob Conant
th Church Avenue, Suite 6320
ONVNER: DESCO Southwest
Note: Submittals are due by noon
CASE NO.:
FAX: 622-
Tucson, Arizona 85701
ADDRESS: 1795 East Skyline Drive, Suite 193 Tucson, Arizona 85718
PROPERTY LOCATION FOR VARIANCE REQUEST: Northwest corner La Canada and Tangerine
PARCEL #: 219-47-0170, 0180, LEGAL DESCRIPTION:
0050, 0060, 004A, 004C, 004B
CURRENT ZONING: T-P, C-1 APPLICABLE FEE: $600
ATTACHMENTS:
SIGNATME OF APP CANT (ALSO PRINT NAME) DATE
SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE
Please provide the following information addressing 1 — 5 in the Findings from Section 21.6 I of the
Oro Valley Zoning Code Revised (OVZCR). In order to authorize a variance request, the Board will be
searching for sufficient evidence in accordance with the findings.
1. Are there special circumstances or conditions applying to the property referred to in the application
including its size, shape, topography, location or surroundings which do not apply to other
properties in the district?
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2. Are there special circumstances that exist that are not self imposed or created by the
owner/applicant?
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3. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial
property rights?
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4. If granted, will the variance impose such conditions as will assure that the authorizing of the
adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon
other properties in the vicinity and zone in which such property is located?
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5. If granted, will the variance be the minimum necessary to afford relief and will not materially affect
the health, safety, and welfare of the neighborhood or surrounding properties.
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NATURE OF REQUEST:
Interpretation of zoning district boundaries in order to determine the set back for a
convenience use.
While the project meets the intent and sprit of the Ordinance but not the letter (Oro
Valley Zoning Code Revised Section 25.1.G Convenience Uses), the convenience use in
question is approximately 500 feet from the nearest residential structure to west, east and
south of the site.
The restrictions in the Oro Valley Zoning Code are designed to protect surrounding uses
from disturbances potentially caused by "Convenience Uses". This is a perfectly
reasonable concern and one that is fully supported by the developer. As a means to this
end, the tow requires a 250 foot buffer between R-1 districts and Convenience Uses. The
intent of this particular restriction is to provide enough distance between there two uses to
allow for the dissipation of sound, vibration and light that would be considered a
nuisance to surrounding residential neighbors. In keeping with the spirit of the code, the
proposed development will take into account this concern and accomplish the same end
as the restriction calls for while still allowing for the proposed use.
Supplemental Questions for Application for a Variance
1. Are there special circumstances or conditions applying to the property
referred to in the application including its size, shape, topography, location
or surroundings which do not apply to other properties in the district?
The conflict in this situation is created by the residential land uses to the
east and west of the bank location both of which are located within 250
feet of the proposed "Convenience Use." According the Oro Valley Code,
there must be 250 feet of separation measured from the edge of the
residential district to the edge of the property/lease line of the convenience
use in order to prevent the activity of the convenience use from causing
disturbance to the abutting residential use. This property is unique
because the distance between the proposed use and any existing
residential use is actually much greater then the 250 feet the code finds
sufficient. The nearest residential dwelling to the west is separated by
more than 500ft. from the proposed "convenience use." The residential
use to the east is separated by La Canada Boulevard, a 4 lane arterial
roadway, and a wash. The distance between the nearest residence to the
east and the proposed convenience use is approximately 500ft.
2. Are there special circumstances that exist that are not self-imposed or
created by the owner/applicant?
When the project site was rezoned, the western boundary between the
new C-1 zoned portion and the existing R1-144 zoned portion was placed
along the western border of the wash that bisects the site, not the actual
property boundary which lies between 160'-200' further west along the
portion of the boundary that is closest to the "Convenience Use" at issue.
This was done to prevent disturbance of the residential uses to the east
that could potentially be caused by commercial development west of the
wash. What this did was create a large buffer area to the west of the C-1
boundary which will allow for a substantial amount of distance between
the potentially conflicting uses in this case.
3. Is the authorizing of the variance necessary for the preservation and
enjoyment of substantial property rights?
A drive-thru bank window is mutually beneficial to both the bank and its
patrons residing in the surrounding community. By operating a drive-thru
window, the bank is able to serve its customers with a level of
convenience that is simply not possible by any other means which, as a
result, greatly enhances profitability. For consumers, a drive-thru window
provides a means to satisfy their banking needs from the comfort of their
automobile. This convenience is particularly essential for customers with
limited mobility as well as during the hot summer months here in Tucson.
4. If granted, will the variance impose such conditions as will assure that the
authorizing of the adjustment shall not constitute a grant of special
privileges inconsistent with the limitations upon other properties in the
vicinity and zone in which the property is located?
The developer in this case is not asking for any privilege that is
inconsistent with the intent of the restriction placed on "Convenience Use"
which is to prevent such uses from creating a nuisance to its surrounding
residential neighbors. For example: By authorizing this adjustment, the
Board is not granting the developer the right to disturb or condoning the
disturbance of residential districts by commercial "Convenience Use."
Authorization of an adjustment such as that would be considered
inconsistent with the restrictions placed upon other similar properties both
in location and zone. The Board is simply acknowledging that given the
circumstances present in this particular development, it is possible for the
two uses to exist concurrently without creating unnecessary hardship to
either party.
5. If granted, will the variance be the minimum necessary to afford relief and
will not materially affect the health, safety, and welfare of the
neighborhood or surrounding properties?
The relief requested by the developer is restricted to the amount
necessary to carry out the proposed development. In fact, given the
characteristics of this property, the protection of surrounding uses is
greater than it would be under other circumstances. Any impact to the
health, safety, and welfare of the neighborhood and surrounding
properties that would be potentially caused by the proposed use will be
mitigated by the distance separating the uses and screening elements in
the development plan.
The restrictions in the Oro Valley Zoning Code are designed to protect
surrounding uses from disturbances potentially caused by "Convenience
Uses." This is a perfectly reasonable concern and one that is fully
supported by the developer. As a means to this end, the town requires a
250ft buffer between R-1 districts and Convenience Uses. The intent of
this particular restriction is to provide enough distance between these two
uses to allow for the dissipation of sound, vibration, and light that would be
considered a nuisance to surrounding residential neighbors. In keeping
with the spirit of the code, the proposed development will take into account
this concern and accomplish the same end as the restriction calls for while
still allowing for the proposed use.
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SITE PLAN A>
MILLER RANCH
TANGERINE/LA CANADA DRIVE
PROJECT DATA
• ZONING EXISrM
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PROPOSED
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• SfTE AREA oploss ASE U
t7.33 AC.
USABLE SRE AREA
t5.04 AC.
(INCLUDING ACCESS DRIVE)
• BUILDING AREA
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PARKNO REO'D
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RMAUFANT 8.400 BO. Fr.
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FETAL /BHOPPWG MITER t(400 SO. Fr.
5/MOD- 57
FWANCIAL 4,200 BO. Fr.
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• PARKING PROMED Tsa
PROPOSED
PROPERTY LINE
SCHEME 4.0
ORO VALLEY, ARIZONA
EGLIN/COHEN
^F CMITECTB
7391 E U QUE IUDE
R100 Wa0%. AZ 15115
F. (520) 995-2999
TE1 (52o) a95 5
4.9.08
JOB j 2463-07
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
SPECIAL SESSION
June 13, 2008
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
CALL TO ORDER - 3:00 p.m.
ROLL CALL
PRESENT: Colleen Kessler, Member
Paul Parisi, Member (served as Chair)
Bart Schannep, Member
EXCUSED: John Hickey, Member
MINUTES - Approval of the Minutes of April 22, 2008
MOTION: A motion was made by Member Schannep and seconded by Member
Kessler to approve the minutes of April 22, 2008. MOTION carried, 3-0.
CASE NO: OV10-08-04, Desco Southwest, represented by the
Planning Center requests relief from the 250' distance required from a
convenience use to residentially zoned properties. Subject (parcel
#219-47-017A, 018A, 0050, 0060, 004A, 004C, 004B) located on the
northwest corner of La Canada Drive and Tangerine Road, Oro Valley,
AZ, 85737.
Chair Parisi swore in the witness intending to testify.
Bob Conant, Planning Center, representing Desco Southwest, stated that
the property being considered (known as the Miller Ranch property) is located at
the northwest corner of La Canada Drive and Tangerine Road and has TP and
C-1 zoning. He stated that the current property owners want to build a bank with
a drive -through use on this corner. He explained that the C-1 zoning provides for
a 250 foot setback from a residential district to help protect residences from light,
noise, etc. Mr. Conant reviewed the zoning district line on the west and stated
that they are asking for relief from the 250 foot setback by 25 feet. He stated that
the buildings will block light and there is a wash/riparian area between the
residents and the commercial area.
Mr. Conant further reviewed the Zoning Map and an Aerial Context Map for the
property and stated that there is confusion regarding the zoning lines and a
determination needs to be made regarding the R1-36 zoning line on the east. He
stated that they are asking that the R1-36 zoning lines be along the property lot
lines of the Vistoso Gateway subdivision. He explained that this would then
compare to Verde Ranch subdivision just south of the Miller Ranch property as
06/13/08 Board of Adjustment, Special Session Minutes 2
the zoning district boundary line is "well shy" of the right-of-way of Tangerine
Road. Mr. Conant explained that if the lot lines were determined to be along the
property lines then they would not need a variance on the east side, only on the
west side.
At the request of Member Schannep, Mr. Conant clarified that they are asking
that the residential district line in this case be moved back along the property line
to follow the lot lines. He explained that traditionally the Town did not include the
rights -of -way in the zoning.
In response to a question from Member Kessler, Mr. Conant explained that the
Town's Zoning Code references the district boundary and it is the property
boundary that is causing the confusion in the determination. He also confirmed
that they would need a 25 foot variance on the west side due to the zoning
district boundary line.
Patty Hayes, Zoning Inspector, reviewed the staff report highlighting the
following:
Applicant is requesting relief from the 250 foot distance required from a
convenience use to residentially zoned properties. (Business with drive -through
use is considered a convenience use)., A bank is an allowed use on this
property.
^- Property owners within 300 feet of the property were notified of the hearing.
Property was posted and hearing was advertised in the Daily Territorial and on
line. Staff received no comment in support or opposition to this case.
Property was rezoned from R1-144 to TP and C-1 in February 2007.
The distance measured from a convenience use to a residential district is from
the residential property boundary (lot line) not the house structure. Zoning
districts in the Town extend over into the street right-of-way thus causing the
zoning of the property to extend beyond platted property lines.
Maps not clearly defined. Possibly eliminate the 250 foot requirement on this
particular pad only may be best way to approach.
Member Schannep questioned whether the Board was being asked to interpret
the Zoning Code or to accept the property line verses the residential district line.
Chief Civil Deputy Attorney Joe Andrews stated that the Board could try to
determine where the zoning district boundaries are or they can grant a variance.
Staff is recommending that the 250 foot setback not apply for this specific lot.
However, the Board can determine the lot and boundary lines.
In response to a question from Member Kessler, Mr. Andrews explained that
there is no building allowed in the wash and it would also be re -vegetated by the
applicant.
06/13/08 Board of Adjustment, Special Session Minutes 3
In response to a question from Chair Parisi, Ms. Hayes stated that it is customary
to have a drive -through use with stand alone bank buildings.
Chair Parisi opened the Public Hearing. He then swore in those witnesses
intending to testify.
Scott Christie, Oro Valley resident, stated that he lives just west of this property.
He questioned whether the variance would apply to any other areas. (Chair
Parisi explained that this variance would apply only to the bank and would not
affect any future buildings.)
Bill Adler, Oro Valley resident, stated that the intent of the ordinance is to protect
residences. He stated that the reason for the relief request has nothing to do
with anything except for the design of this use. He said that the land is not
creating a hardship; it is just that the applicant was wanting to place more
uses on the property than space allows. He stated that the square footages
should be reduced on the buildings and then a variance would not be needed.
Chair Parisi closed the public hearing.
In response to a question from Member Kessler, Mr. Conant explained that the
owner/developer wants to place the bank on this corner. He stated that there
have been a number of iterations of this particular plan. If the bank were moved
to the west it would create a worse situation. He also explained that the bank
with a drive -through would have to go through the Conditional Use Permit
process.
MOTION: A motion was made by Member Schannep and seconded by Member
Kessler to deny the variance for case OV10-08-04.
DISCUSSION: Member Schannep stated that he tended to go the "cleaner"
route but by making this change, it would go against the intent of the zoning. He
also stated that he felt that this case did not meet all five criteria and the problem
was being created by the property owner.
Member Kessler concurred and also stated that she would be concerned about
setting a precedent for other measurements and variances in the future. She
also stated that other uses could be applied to this pad that would fall into the
boundaries of the property and the bank use with a drive -through is bigger than
was meant for the pad.
MOTION carried, 3-0.
06/13/08 Board of Adjustment, Special Session Minutes 4
2. CASE NO: OV10-08-05, Paul Hofmann, represented by 31) architectural
Designs, requests a variance from the required 15' side yard setback
to 10'. Subject (parcel #224-34-1370) located at 935 W. Landoran
Lane, Oro Valley, AZ 85737
Chair Parisi swore in the witness intending to testify.
Frank Rendon, 31) Architectural Designs, representing the applicant, Paul
Hofmann, stated that they are asking that the side yard setback be reduced to 10
feet to allow a better functioning garage and driveway. He explained that the
setback of the property when zoned by Pima County was 10 feet; however, when
Oro Valley rezoned the area, the setback was changed to 15 feet. He reviewed
pictures depicting the access to the current garage, the proposed garage and
driveway and the large palo verde tree that hinders access. He further explained
that other properties surrounding the subject property have 10 yard setbacks.
In response to a question from Member Schannep regarding "tilting" the garage
on the property, Mr. Rendon stated that even if the new garage were tilted, it
would still encroach into the 15 foot setback.
In response to questions from Chair Parisi and Member Kessler, Mr. Rendon
stated that the palo verde tree is about 50 - 60 years old and provides shade
for the house. He explained that the tree is about 2 - 3 feet from the corner of the
garage. He stated that they have worked on the design for over a year to try to
make the garage work. Mr. Rendon explained that in order to make the roof line
functional and to not move the tree and keep the garage accessible for two
vehicles, they could only make the 10 foot setback work.
Zoning Inspector Patty Hayes reviewed the staff communication and highlighted
the following:
Property owner is requesting a variance from the required 15 foot side yard
setback to 10 feet to build a detached garage.
Property owners within 300 feet of the property were notified of the hearing.
Property was posted and hearing was advertised in the Daily Territorial and on
line. Staff received one inquiry but the caller had no opinion. A member of the
Homeowner's Association also called but had no objection.
House was built in 1963 in Pima County's CR1 zoning district which required a
10 foot side yard setback.
Oro Valley's Zoning Code was adopted in 1981 with a 15 foot side yard
setback required for R1-36 zoning.
Chair Parisi opened the public hearing. He then swore the witnesses intending
to testify.
Bill Adler, Oro Valley resident, commented that it is clear that the hardship has
been created by the design of the original house. He stated that it is not the
a
06/13/08 Board of Adjustment, Special Session Minutes
conditions of the property that are creating the hardship; it is the house location,
size, design, etc. He stated that it is a tough decision but the previous zoning is
not a justification for a variance.
Paul Hofmann, owner of subject property, stated that he had submitted a letter
with pictures and information regarding his property with his application.
However, he had two additional statements from neighbors to the north and to
the south expressing support of his request that he also wanted to present to the
Board (items were presented to the Board for their consideration).
Mr. Hofmann further explained that his house was built in 1963 along with many
other houses in the neighborhood. The houses were built on properties with 10
foot sideyard setbacks so most of the homes were placed on their property with
those provisions. He stated that his house was built with a carport that was later
converted to a flat -roof garage and now he was trying to upgrade his property
with a garage that will allow his family to park their cars and to also have
additional storage. He stated that the law (ARS 9-462.06) provides for changes
when it is justified and that the same privileges afforded to the neighbors should
be afforded to all. He explained that they have tried to reconfigure the placement
of the garage and they can not do it without a five-foot variance. He stated that if
they cut the corner differently for the placement of the garage, they can't fit a
second car in as the depth would not be great enough. He also explained that if
they turn the garage, they can get a greater depth without it sticking out into the
backyard. Mr. Hofmann further explained that the new structure will compliment
the existing house and their goal was to improve the value of the property
and put it to its highest function.
In response to a question from Member Schannep, Mr. Hofmann explained that
they can't currently park in the garage because they do have to store items in it.
He further explained that even if there was nothing in the garage, it is very small
with a ceiling height of about 6 1/2 feet high so it is much smaller than you would
expect to see. He stated that they have always only been able to put one car in
the garage due to its small size.
Chair Parisi closed the public hearing.
MOTION: A motion was made by Member Kessler and seconded by Member
Schannep to approve OV-10-08-05 a request to reduce the side -yard setback
from 15 feet to 10 feet.
DISCUSSION: Member Kessler stated that she went through the criteria and
she felt that the large tree was a special circumstance on the property. She
stated that if the tree was not there, the owner might be able to re -position the
garage. She stated that due to the topography of the surroundings, that the
circumstances were not created by the owner and in looking around the
neighborhood, the house warrants a two car garage.
06/13/08 Board of Adjustment, Special Session Minutes
She stated that the request was not detrimental to anyone in the area so she felt
that the criteria had been met.
Member Schannep stated that the Board has been very understanding in
allowing homeowners to build or install amenities in order to enjoy and have the
same property rights as the surrounding neighbors. However, this property
owner already has a garage although it is undersized. He stated that the
property owner bought the home and now he wants to build a bigger garage. He
said that he felt that instead of taking the existing structure and widening it and
making it higher, that it was all about the views. Member Schannep stated that
the building was already there so he was opposed to granting the variance with
the belief that the existing structure could be modified staying in the 15 foot
setback and yet still keeping the tree.
Chair Parisi stated that the project looks terrific but it is not in the 15 foot setback.
He stated that there were other ways to modify the design of the garage and stay
in the required setback and still enjoy their property.
MOTION failed, 1-2 with Member Parisi and Member Schannep opposed.
MOTION: A motion was made by Member Schannep and seconded by Member
Parisi to deny OV-10-08-05.
MOTION carried, 2-1 with Member Kessler opposed.
3. Planning and Zoning Update - No report.
ADJOURNMENT
MOTION: A motion was made by Member Kessler and seconded by Member
Schannep to adjourn at 3:56 p.m.
MOTION carried, 3-0.
Prepared by:
Roxana Garrity, CMC
Deputy Town Clerk
W
ORO VALLEY PLANNING AND ZONING DIVISION
BOARD OF ADJUSTMENT REPORT
CASE NO: OV 10-08-04
Hearing Date: June 13, 2008
Agenda Item No.: 1
Prepared By: Patty Hayes, Zoning Inspector
REQUEST: Desco Southwest, represented by the Planning Center requests relief from the 250'
distance required from a convenience use to residentially zoned properties. Subject: (parcels #219-
47-017A, 018A, 0050, 0060, 004A, 004C, 004B) located on the northwest corner of La Canada
Drive and Tangerine Road, Oro Valley, AZ, 85737.
REQUEST SPECIFICS:
The Oro Valley Zoning Code Revised section 25.1.G states no convenience use shall be located closer
to a residential district than 250 feet. A business with a drive -through use, such as a bank, is considered
a convenience use. The applicant requests elimination of the 250' setback for the southeastern comer
bank lot of this development.
SITE LOCATION:
Subject property is located on the northwest corner of La Canada Drive and Tangerine Road.
NOTIFICATION:
All property owners within 300 feet of this property were notified of this hearing by mail. The
property is posted with a notice of hearing, posted online at www.orovalleyaz.gov and was
advertised in the Daily Territorial. At the time of this report preparation, staff had received no
comment in support or opposition to this case.
EXISTING LAND USE AND ZONING:
Site: Subject property — Vacant land zoned C-1 and TP
North — Existing house zoned Pima County's SR (suburban ranch)
West- Existing houses zoned R1-144
East- Existing houses across La Canada Drive zoned R1-36
South - Existing houses across Tangerine Road zoned R1-7
SITE INFORMATION:
The property was rezoned in February, 2007, from R1-144 to TP and C-1. The western portion of
the property remained zoned R1-144. This property is referred to as Miller Ranch. The Miller
Ranch has a gross area of 19.3 acres and is relatively flat. The houses and accessory buildings
shown on the aerial photos have been recently demolished. A wash separates this property from the
adjacent residential homes to the west. Portions of the wash have been previously disturbed.
SUMMARY:
Finding of Facts:
• The proposed drive -through bank is located on the southeastern portion of the
development. The zoning for this portion of the property is C 1.
Zoning variances apply to the land and are applicable to any convenience use allowed in a
C-1 zoning district; however, condition D of the February, 2007, rezoning prohibited the
following uses: churches, drug store, gas station, hardware store, drive-through/drive-in
restaurants, animal hospital, convenience store, pet grooming, auto repair, funeral home,
automobile parts store, radio station and appliance repair store. The proposed use, a bank,
is not restricted by this rezoning condition.
• Condition #C of the February, 2007 rezoning allows the following uses on the C-1 portion of
the project: printing shop, UPS store or similar, restaurants and bank with drive -through.
• The 250' distance shall be measured from the abutting edge of the residential district to the
closest property line or lease line of the convenience use. The limit of the property line or
lease line shall include all required parking, landscaping, and setbacks of the specific
convenience use.
• The distance measured from a convenience use to a residential district is from the
residential property boundary not the house structure. Zoning districts in the Town extend
over into the street right-of-way thus causing the zoning of the property to extend beyond
platted property lines.
• The neighborhood east of this development is across La Canada Drive which is
approximately a 125' right-of-way. As a major street La Canada Drive does provide a
separation from the neighborhood.
• West of the proposed bank pad, a planned retail/restaurant building, wash and a small
portion of the property's remaining R1-144 zoning exists between the proposed drive -
through bank and the nearest residentially zoned parcel.
• If the variance is approved, the drive -through use will require a conditional use permit and
the building will require architectural review.
The Board of Adjustment should consider the following findings in making its decision:
A. That there are special circumstances or conditions applying to the property referred to
in the application including its size, shape, topography, location or surroundings
which do not apply to other properties in the district; and
B. That special circumstances were not created by the owner or applicant; and
C. That the authorizing of the variance is necessary for the preservation and enjoyment
of substantial property rights; and
D. That any variance granted imposes such conditions as will assure that the authorizing
of the adjustment shall not constitute a grant of special privileges inconsistent with
the limitations upon other properties in the vicinity and zone in which such property
is located; and
E. That the authorizing of the variance will not be materially detrimental to persons
residing in the vicinity, to adjacent property, to the neighborhood or the public
welfare in general.
SUGGESTED MOTION:
The Board may wish to consider the following motions:
I move to [approve, approve with conditions, or deny] OV 10-08-04, a request to eliminate the 250'
convenience use setback for the bank pad B.
ATTACHMENTS:
1. BOA application
2. Location map
3. Ariel photo
4. Copy of the rezoning tentative development plan
F:\OV\OV 1 0\2007\1 0-08-03\REPORT.doc
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SaAh More, FAIC
Planning and Zoning Director
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PROPOSED ZONING: T-P & C-1 II
A. GROSS AREA OF THE PROPERTY TO BE REZONE:
19.3 ACRES
B. ZONING REQUEST:
FROM RI-144 TO T-P: 14.3 ACRES
FROM RI-144 TO C-1: 5.0 ACRES
C. GROSS FLOOR AREA TOTAL: 188,650 SQ FT
C-1: 22,500 SQ. FT.
TP: 166,150 SQ. FT.
D. FLOOR AREA RATIO TOTAL: 0.2
C-1: 0.1
TP: 0.3
E. BUILDING VOLUME RATIO: 0.2
H. BUILDING HEIGHTS VARY BASED ON SETBACKS
(SEE PLAN) - MAX 34'
I. PARKING SPACES PROVIDED: 586
J. NATURAL UNDISTURBED AREA: 1.3 ACRES
K. TOTAL OPEN SPACE: 3.0 ACRES
L. FLOOD PLAINS WILL BE ALTERED TO FACILITATE
RESTORATION AND AUGMENTATION OF RIPARIAN
HABITAT.
M. WATER SERVICE PROVIDER: ORO VALLEY WATER
ADDITIONAL NOTES:
I. THE TANGERINE CORRIDOR OVERLAY DISTRICT (ORO VALLEY ZONING CODE
CHAPTER 24.0 APPLIES TO THIS PROJECT. EXISTING NATIVE VEGETATION IN THE
REQUIRED 25' NO ACCESS EASEMENT SHALL BE PRESERVED IN PLACE.
2. ONLY NATIVE PLANT MATERIALS SHALL BE USED. FOR THE PURPOSES OF SITE
RE -VEGETATION.
3. DETENTION BASINS SHALL BE DESIGNED TO DRAIN DRY.
4. A NATIVE PLANT PRESERVATION PLAN WILL BE SUBMITTED AT THE TIME OF
PRELIMINARY PLAT (PER ORO VALLEY ZONING CODE CHAPTER 27.0.
LEGEND
-- BOUNDARY
- — — — - LANDSCAPE BUFFER
"" PHASE LINE
DETENTION BASIN
® 15-FOOT RIPARIAN PROTECTIVE APRON
F:_•:_•:-] TANGERINE OVERLAY DISTRICT SETBACK
DECORATIVE PAVING
"- LOADING ZONE
µ PASSENGER DROP-OFF
— — — — — FUTURE
EXISTING LOT LINE
EXISTING POWER LINE & POLES
% — EXISTING WATER LINE
�r`,zo n A� ease. Ov °G_ CS --6
®° 40
".7 TENTATIVE DEVELOPMENT PLAN
1
38
PROJECT DATA
Use
Footprint
Total Scl.Ft.
Bank
5500
6500
Total S.F. 5500
Office
8700
8700
Office
5000
5000
Office
4450
4450
Office
12500
25000
Office
5000
5000
Office
11000
22000
Office
10000
20000
Office
10000
20000
Office
9000
18000
Office
8500
17000
Office
10500
21000
Total S.F.
166150
Retail
7200
7200
Retail
5800
5800
Retail
4000
4000
Total S.F.
17000
Mobility Impaired Parking Required: 12
Van Parking: 2
Typical Spaces 10
Bike Parking Total Required: 29
Class one: 3
Class two: 26
#floors Height Parking. _ j &Qv� µ
1 25 max 19 t
19 E1fU27: E111325
MCIARIM
1 34 max 26 Eflfue /:,_ 1fff32
1 ' 25max
15 I E111333 j Efi1 E111335 111335\
1 25 max 13 --»-T
2 . 34 max 75
1 25 max 152 34 max 66
-- - -- ,
2 34 max 60 - _ Plma County /
? Y
ax 2 34 m60
r
2 34 max 542 34 max 51 q r 9
2 34 max 63 ! �� Tt J ' !i I `{ Oro valley
498 LIMEWOOD ' 4 1
I-
1 25 max 29 j - �Sub'ect Pro y
1 25 max 23 �,
1 25 max 16 T i (TANGERINE E111334 E1413 _ En13j6�
68 _ E121304
Il //yJO��PPer
USPS % Elemsnlnry Srinol ;.
Parking Total: 586
E _ L
5 y47,
le
x
NARANJA-` +
LOCATION MAP SECTION 34, TOWNSHIP 11 S, RANGE
3" = 1 MILE 13 E; PIMA COUNTY, ARIZONA
/� `✓' v / 19.3 ACRE PARCEL
on the NORTHWEST CORNER OF TANGERINE ROAD & LA CANADA DRIVE
ZONING REQUEST FROM R1-144 TO C-1 & T-P
Scale: 1 "= 80'-0"
Contour Interval: 1 foot
Dated: January 2006
Rev: 08/30/2006, Rev: 11/15/2006,
Rev: 12/19/2006, Rev: 12/29/2006
APPLICANT: PROPERTY OWNER: Rev: 01/23/2007
• GRAHAM BRYCE Go
planning resources MICHAELSARABIA OV9-04-02
6885 N. ORACLE RD.
AGENDA
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
JUNE 13, 2008
Oro Valley Town Hall
Council Chambers
11,000 N. La Cafiada Drive
CALL TO ORDER: at or after 3:00 p.m.
ROLL CALL
MINUTES Approval of the Minutes of April 22, 2008.
AT THE CALL OF THE CHAIR, THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED
APPROPRIATE.
PUBLIC HEARINGS:
1. CASE NO: OV10-08-04, Desco Southwest, represented by the Planning Center requests relief from the 250'
distance required from a convenience use to residentially zoned properties. Subject (parcel #219-47-017A,
018A, 0050, 0060, 004A, 004C, 00413) located on the northwest comer of La Canada Drive and Tangerine Road,
Oro Valley, AZ, 85737.
2. CASE NO: OV10-08-05, Paul Hofmann, represented by 313 architectural Designs, requests a variance from the
required 15' side yard setback to 10'. Subject (parcel #224-34-1370) located at 935 W. Landoran Lane, Oro Valley,
AZ 85737
3. Planning and Zoning Update
ADJOURNMENT
A packet of agenda materials, as listed above, is available for public inspection at least 24 hours prior to the
BOA meeting in the Town Hall Administration Building, during regular business hours.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If a disabled person
planning to attend this meeting requires any special accommodations, please notify the Town Clerk at 229-
4700.
NOT/CE TO SPEAKERS
Members of the public have the right to speak during any posted public hearing; however, those items not
listed as a public hearing are for consideration and action by the Board during the course of its business
meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair.
If you wish to address the Board on any item(s) on this agenda, please complete a speaker card located on
the Agenda table at the back of the room and give it to the Clerk of the Board. Please indicate on the
speaker card which item number and topic you wish to speak on.
Please step forward to the podium when the Chair announces the item(s) on the agenda, which you are
interested in addressing.
"Notice of Possible Quorum of the Oro Valley Town Council: In accordance with Chapter 3, Title 38, Arizona Revised Statutes
and Section 2-4-2 of the Oro Valley Town Code, a majority of the Town Council may attend the above referenced meeting as a
member of the audience only."
Posted: 6-06-08 4:00 p.m. cp
AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA )
ss.
COUNTY OF PIMA )
Jamie Macias, being first duly sworn, deposes and says that (s)he is the Legal
Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and
published in the County of Pima, State of Arizona, and of general circulation in the City of
Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached:
NOTICE OF PUBLIC HEARING
OV10-08-04
MAY 27, 2008
was printed and published correctly in the regular and entire issue of said THE DAILY
TERRITORIAL for 1 issues; that was first made on the 1st day of May 2008
and the last publication thereof was made on the 1st day of May 2008 ;
that said publication was made on each of the following dates, to -wit:
05/01 /08
at the Request of: Town of Oro Valley
by �f ,'` `v4\ ;' /� Legal Advertising Manager g g
Subscribed and sworn to before -me -.this 1st day of May 2008 �
CELINDA ARGUE Notary Public in and for the County of Pima, State of Arizona
Notary Public - Arizona
Pima county
Expires j0j31/2011 My Commission expires:
02/21/07 -Minutes, Council Regular Session 6
Hank Winter, 12300 N. Sunkist Springs Place, stated that they purchased their
land in 2000 in order to get away from urban sprawl. He stated that the
development is inevitable but he had concerns about the proposed height which
would impact their views. He asked that the Council restrict the height for this
development.
Mayor Loomis closed the public hearing.
Mayor Loomis recessed the meeting at 8:22 p.m. The meeting resumed at 8:37
p.m.
Discussion followed regarding the proposed heights and limiting the northern
three buildings to 28 feet but allowing up to 4 feet more to accommodate elevator
shafts and architectural features, protecting the views of neighbors and those
driving along La Canada Drive, viewshed site analysis, visual value of the site,
and buildings in the C-1 district meeting the Tangerine Overlay District
requirements.
MOTION: A motion was made by Vice Mayor Dankwerth and seconded by
Council Member Gillaspie to adopt Ordinance (0)07-02, OV9-04-02, rezoning
from R1-144 to T-P, Technological Park and C-1, Commercial District with
Conditions in Exhibit "A" and adding Exhibit "B" (Allowable -Prohibited/Permitted
Uses) as Condition 15 but deleting the last paragraph of Exhibit B
nor the above lice+.) Adding Condition 16: Maximum floor area ratio of C-1 District
area will be what is allowed in Technology Park which conforms to the General
Plan elements. Adding Condition 17: The right-of-way will be dedicated to the
Town upon effective date of rezoning. Adding Condition 18: The northern three
buildings of the Technology Park (T-P) District will have a maximum height of 28
feet with the exception of the appurtenances necessary for the elevator shafts
(which will be minimized but will not exceed 34 feet in height) and any special
architectural features shall not be more than four (4) feet above the allowed 28
foot height.
Exhibit "A":
Please note, the following legend applies:
• Strikethrough — PZ Commission items addressed by applicant in most
recent submittal.
Plain text - condition approved by PZ Commission.
Bold — new staff conditions
Italics — staff explanation for modification
!_The development plan must be in substantial rnnfnrmanGe with the
Tentative Development Plan
This is a code requirement so no condition is needed.
2. Label the area adjacent to the roundabout along the west side of the
property to specify that a future connection to the
APPROVED MINUTES
PLANNING COMMISSION
REGULAR SESSION
JULY 6, 2004
TOWN COUNCIL CHAMBERS
11000 NORTH LA CANADA DRIVE
REGULAR SESSION AT 6:00 PM
CALL TO ORDER
ROLL CALL
PRESENT: Acting Chair Don Cox
Commissioner Ken Kinared
Commissioner Pete Bistany
Commissioner Don Manross
Commissioner Robert Krenkowitz
Commissioner John Anning
OTHERS PRESENT: Mayor Paul Loomis
Council Member K.C. Carter
Council Member Conny Culver
Council Member K.C. Carter
Council Member Barry Gillaspie
Joe Andrews, Civil Attorney
Bryant Nodine, AICP Planning and Zoning Administrator
Craig Civalier, P.E., Development Review Division Mgr.
Lyra Done, Budget and Bond Committee
Bill Adler, Board of Adjustment
CALL TO THE AUDIENCE OPENED AT 6:05 P.M.
Harold Kandetzke, 10130 N. Sawgrass Drive, Oro Valley, is the President of the Valle
del Oro Homeowners Association. He spoke on behalf of the Homeowners. At the next
schedule meeting on August P, Mr. Wolfley, owner of the property at the northwest
corner of Oracle Road and El Conquistador Way will be requesting a zoning change on
his property from the current R-6 to C-1. Their homes are immediately adjacent to the
applicant's property, and considering the size, which is 2 Y2 acres, a rezoning will have a
major impact on the homeowners. He requested, that prior to the August meeting the
Commission grant to the Valle del Oro homeowners, a Study Session with the Planning
and Zoning Commission at their clubhouse to view the property and give the
homeowners an opportunity for an informal give and take with the Commission
members, so the Commission fully understands the impact this will have on the quality
of life. The time allotted to the homeowners at the meeting is not adequate to convey
the level of concerns and the impact. The HOA has met with the applicant on several
occasions and the land use issue has been a major disagreement. The rules allow for
the Commission to direct the Staff to direct a Study Session and at this time he requests
that the Commission do so.
July 6, 2004 Approved N"s, Planning & Zoning Commission MeetlA 2
Vice Chair Cox asked Mr. Nodine to take the steps necessary to do so.
CALL TO THE AUDIENCE CLOSED AT 6:10 P.M.
MINUTES
MOTION: Commissioner Kinared MOVED to approve the June 1, 2004, Planning
and Zoning Commission regular meeting minutes as written. Commissioner
Anning seconded the motion. Motion carried 6 yes, 0 no.
MOTION: Commissioner Kinared MOVED to approve the June 7, 2004, Planning
and Zoning Commission Study Session meeting minutes as written.
Commissioner Bistany seconded the motion. Motion carried 6 yes, 0 no.
1. ELECTION OF CHAIRPERSON TO THE PLANNING AND ZONING COMMISSION
MOTION: Commissioner Kinared MOVED to nominate Vice Chair Cox as
Chairperson. Commissioner Anning seconded the motion.
Mr. Nodine told Commissioner Krenkowitz that the by-laws call for annually electing
officers in September. As there is a vacancy at this point, Staffs recommendation was
to go ahead and elect officers now at your pleasure. Staff did not feel that this violates
the by-laws even though the by-laws state that election of officers is done annually in
September.
Attorney Andrews said that the Board can suspend rules to have an election if so
desired.
Commissioner Bistany pointed out that the election process has its genesis not only in
the by-laws but in Resolution 91-41 which says the election will be in September, and
the Vice Chair becomes Acting Chair in the Chair's absence.
Commissioner Kinared withdrew his motion. Commissioner Anning withdrew his
second.
It was the consensus of the Commission to have Vice Chair Cox continue as
Acting Chair until the September meeting as specified in the Planning and Zoning
Commission by-laws, when the Chair will be nominated and elected.
2. ELECTION OF VICE -CHAIRPERSON TO THE PLANNING AND ZONING
COMMISSION
It was the consensus of the Commission to wait until the September meeting as
specified in the Planning and Zoning Commission by-laws, when a Vice -Chair will
be nominated and elected.
July 6, 2004 Approved M1us, Planning & Zoning Commission Meeting 3
3. CONTINUED ITEM, PUBLIC HEARING: OV9-04-01, TIERRA RIGHT OF WAY
SERVICES, REPRESENTING DC INVESTMENTS, REQUEST A ZONING MAP
AMENDMENT FOR AN 8.35 ACRE PROPERTY COMMONLY KNOWN AS THE "OLD
BUS BARN" SITE FROM TP (TECHNOLOGICAL PARK) ZONING DISTRICT TO "R-
4" (TOWNHOUSE RESIDENTIAL DISTRICT), LOCATED AT THE NORTHWEST
CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD, PARCEL
NUMBERS 224-33-007A, 224-33-008A AND 224-33-011A
Mark Castro, Tierra Right of Way Services, 1575 E. River Road, Suite 201, representing
DC Investments, gave a presentation showing location of the property as just southwest
of El Conquistador and Oracle Road. The property is on Desert Sky and Via del Oro
Road. This is an ideal location for a residential subdivision. The surrounding uses and
zoning are consistent with the proposal to rezone from Technology Park to R-4. New
changes incorporated into the Tentative Development Plan (TDP) forced this
continuance. Those changes were:
• Number of lots reduced from 51 to 46
• Make this a gated community
• Instead of single family detached units, make attached units of 3-4.
• A recreation area of approximately Y2 acre was added.
• Eliminate the open space alley in the center of the subdivision.
The new layout shows:
45 lots
• A recreation area relocated to the center of the subdivision.
• Lots #23, 24, 25, and 31 through 35 will be reserved for single story units only.
• Lot dimensions will remain 40 x 110.
Prior to review by the Town Council a revised TDP will be provided.
David Grounds, Dorn Homes, 3950 S. Camino del Arroyo, Green Valley, was available
for questions on architecture.
Mr. Nodine gave the Staff Report.
Attorney Andrews told Commissioner Kinared that the Town cannot delegate authority
for land use approvals to process to another entity. They only have to meet. If they
don't meet, we get a letter that says they did not want to meet, i.e. school district. If the
School District does not like the policy, it can be changed, but at this time they have to
meet.
Mr. Nodine replied to Commissioner Krenkowitz that the electrical line through the
property would need to be moved to accommodate development on the property.
Mr. Castro said that the lines will be put underground with the utility easements.
Mr. Nodine responded to Vice Chair Cox's questions as follows:
July 6, 2004 Approved s, Planning & Zoning Commission Meeingl 4
• Conditions #9 B and P are necessary to be listed. The other conditions are
included as a reiteration of what will be required by the Code. They are not
necessary as a condition, merely a repeat.
• Condition #3 gives guidance to Staff, applicant, and the Development Review
Board (DRB) to control the architecture to respect the privacy of the homes to the
south. There is nothing in the code that allows that, and that is why it is a
condition in the rezoning because it becomes tied to the further review of the
property.
• The key thing Staff would be looking at is that there are no balconies, and not to
create a lot of windows on that story facing the neighbors. This must be worked
out with DRB and Staff to come up with an answer.
• Condition #4G, front setbacks should vary on adjacent units, and could be added
into the motion when made.
Mr. Nodine told Commissioner Bistany that it would take a 44-45 foot front elevation to
meet the garage dimensions, lot to lot.
PUBLIC HEARING OPENED AT 6:35 P.M.
Bill Adler, 10720 N. Eagle Eye Place, supported the General Plan change from
Technological Park to Residential, but he opposed this density. He thought the density
should be the same as Sun Stone Estates. The rezoning raised issues of privacy.
Privacy comes from the General Plan, not the zoning code. Policy 4.1A&B says we are
to protect the integrity of the existing neighborhoods. The rezoning of this property at R-
4 is too intense. The issues that Staff has raised are all related to the density. The Sun
Stone Estates project is R-17 and this project should be changed to that as well. The
lots would be wider. He doesn't think the two stories should be included at all, but at
least the privacy issue is mitigated to a greater degree. The streetscape issues, the
crowded appearance of the streets, the alignment of the garages, etc. don't disappear
but can be handled to a degree that is successful. The error here is that medium high
density can include R-14 or R-17, so the designation of medium high density can be
either. He suggested that the Commission rezone to R-17 so that the living
environment concerns that have been raised are more easily adjusted, so the quality of
life for these residents is superior to what it is likely to be with the rather crowded and
congested condition.
Vice Chair Cox expressed his appreciation to Bill Adler for his involvement over the past
years and that the Town of Oro Valley is better off because of his interest.
PUBLIC HEARING CLOSED AT 6:40 P.M
Mr. Nodine told Commissioner Kinared that if this was adopted, it would be related to
the revised plan referenced in Exhibit A, Condition #8 related to attachment #3.
Mr Castro responded to Commissioner Krenkowitz's question that if the rezoning were
to be to R1-7 there would be a great number of lot reduction.
July 6, 2004 Approved M"s, Planning & Zoning Commission Meeting 5
Chris Phillips, 11178 N. Pomegranate, with DC Investments, the owners of the property
said that they came in with a plan amendment about 6 months ago. At that time it was
for 63 lots. There were two meetings with the neighbors, several staff meetings to
address concerns and work out issues with the neighbors and the two stories issue.
The project has gone forward based on that design. They added a rec area, gated the
project, etc. To change the zoning would change the whole project. He thinks lower
zoning would probably not be financially feasible for residential, and they would
probably withdraw the rezoning and go back to TP.
MOTION: Commissioner Don Manross MOVED to recommend approval of OV9-
04-01, Desert Sky Zoning Map Amendment to the Town Council, subject to the
conditions of Exhibit A, adding in to 4.G. the word "adjacent" to read "The front
setbacks for the houses shall vary so that no two "adjacent" units are equally
aligned." Commissioner Bistany seconded the motion. Motion carried 6 yes, 0
no.
4. PUBLIC HEARING, OV11-04-02, CARL WINTERS, REPRESENTING SARAH
MILLER, SUSAN AND BILLY MONTGOMERY AND KARTER AND PATRICIA KAY,
REQUEST AN AMENDMENT TO THE GENERAL PLAN (1996) TO CHANGE THE
LAND USE DESIGNATION FROM RURAL LOW DENSITY RESIDENTIAL (0 TO 0.3
DWELLING UNITS PER ACRE) TO LOW DENSITY RESIDENTIAL (*1.3 TO 2
DWELLING UNITS PER ACRE) ON 11.75 ACRES AND AMEND THE LAND USE
DESIGNATION FROM RURAL LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD
COMMERCIAL ON 24.9 ACRES, LOCATED NORTH OF TANGERINE ROAD AND
WEST OF THE LA CANADA ROAD EXTENSION, PARCEL NUMBERS 219-47-004A,
00413, 004C, 0050, 0060, 0170 AND 0180.
Carl Winters, 270 N. Church, representative for the applicant's position, presented an
overhead showing the location of the subject property. During the last plan update the
Staff and Planning and Zoning Commission came up with a plan that designated the
area on the east side of the wash for small corporate office buildings and part as
commercial. On the west side of the lot we will eventually come back for a rezoning for
R1-72 lots. He asked Susie Montgomery to give a background on the area.
Susie Montgomery, 1410 W. Tangerine Road, moved there in 1971. There are now
four generations living on the property. The use of the property was to raise and train
foundation quarter horses, which they have done for the last 30 years on the property.
The La Canada and Tangerine Road intersection and widening, and the La Canada
Extension drastically changed the context of their property. Having the narrow property
face a four -lane highway is no longer desirable for suburban living. With the
Southeasterly corner of the property needed by the Town of Oro Valley for the La
Canada Extension, pastures will need to be moved. The horses already had to be
moved to a different area because of the construction and activity. They fought the road
and intersection and lost, so they have worked with the Engineering, Transportation and
Development Services Departments to see what would be the Town's vision of this type
of growth along a major arterial road. The demographics drop off drastically from the
northwest corner to the southeast corner, so any development will not be obstructing
views. We care about our neighbors and have tried to meet with them to assure the
Jul 6 2004 Approved M1Tf s Planning & Zoning Commission Meeting 6
Y PP 9 9 9
development of the area will be consistent with what is along any major highway and
intersections.
Mr. Nodine gave the Staff Report.
Mr. Nodine told Commissioner Manross that in the General Plan there are 10 acres at
the South East corner of La Cholla and Tangerine and 60 acres on the South West
corner of commercial property.
Mr. Nodine replied to Vice Chair Cox's question regarding the statement "there remains
a need for neighborhood commercial node", that it is based on what he presented in
terms of the distance to other neighborhood commercial uses being 1 to 2 miles for
vacant ones. In terms of developed ones, we are looking at a 2 miles distance. Uses
compatible contained in the designation CN are uses that are neighborhood service in
the General Plan. He read the CN zoning description from the General Plan.
PUBLIC HEARING OPENED AT 7:07 P.M.
Hank Winter, 12300 N. Sunkist Springs Place, owns property located next to the subject
property. He had a meeting with Mr. Carl Winters and the Montgomerys, which
revolved around the specifics map that designated R1-72 zoning. The proposal states
that it is Low Density Residential 1.3 to 2 dwelling units per acre. It is possible to have 2
homes per acre. He moved there because the suburban ranch was attractive to them.
We are now looking at the possibility of 20 + homes in the area. We are concerned
about the density of the residential area, not the commercial as much. If it remained as
it is we would not be as opposed to roughly 5 homes. He is concerned to the 50 foot
setback where the road starts directly off the property. He would probably have
headlights into his backyard. He would probably be more in tune to a 50 foot setback at
the first of the road. Maybe have a barrier wall considered to divide the property. The
biggest concern is to have this rewritten so we all fully understand the project.
Bill Adler, 10720 N. Eagle Eye, is not opposed to change, but he wants change to be
compliant with the General Plan in this case. The vision statement in the General Plan
says approximately that the view of the community for the future will leave things better
than they presently exist. This is not an improvement to the General Plan and is not
consistent with that vision. He doesn't think the rural character of an area is destroyed
by La Canada Extension. He agrees with the Staff's Report saying the future plans of
the area portends the end of the rural ranch character of the site and environs. We
should not be engaging in a change of the character of an area simply to benefit the
property owner. This is not an overall improvement to the plan or the community. It is
an improvement for the property owner. As far as the commercial portion is concerned,
the General Plan has some excellent advice. In the Land Use Settlement, 4.13, says
the Town recently wishes to be satisfied that sufficient demand exists before authorizing
a higher land use intensity than present zoning permits. We don't follow that advice.
What study has been done that indicates there is a demand for lots of this size. There
is a neighborhood commercial project now at the intersection of Naranja and La
Canada. What is the magic of the 2 miles? People are not hesitant to go 2 miles or
more if there is a use they wish to patronize. He doesn't think this meets Finding #1. It
July 6, 2004 Approved M"s, Planning & Zoning Commission Meeting 7
is not an overall improvement to the plan. It is not consistent with the vision statement
in the General Plan. Neighborhood Commercial is not warranted by a need established
by a study. He is not sure two acre lots are marketable. How practical is this to offer to
the community. What is the market demand for this higher intensity?
Scott Christy, 12351 N. Sunkist Springs Place, pointed out where he lived in relation to
the project. His big concern is not the commercial development, but everything that is
going to take place on the other side of the wash, and the number of houses they put up
against our property. As you see now, there are 3 SR lots above us with houses and
we are satisfied with that. We understand the Montgomery situation with them having to
sell out and leave. He doesn't fault them for trying to get this rezoned, but he would like
to see a preferred plan for what they are going to do on that side of the wash. How
many houses are there going to be. He would like to see a 50 foot natural open space
set back against all our property lines on the west and north sides. He would like to see
no more than 1 house per 1.5 acres at the most with that set back in place. With the
neighborhood commercial part of it, he feels that will meet the guidelines. His biggest
concern is the lifestyle and the view towards to mountain cannot take that many houses
next door.
Rick Sims, 1750 Sunkist, said in going through the procedure of this type of rezoning,
he understands that this would essentially be a major rezoning and to accomplish that
there would have to be 2 neighborhood meetings. He heard of one. Has there been
two?
Mr. Nodine said the major and minor rezoning would be related to the General Plan
amendments, which is what we are doing. Currently there is no designation for major or
minor. That will take place when the General Plan is adopted and ratified by the voters.
Until then there is simple one type of General Plan amendment and there is no
specification for the number of neighborhood meetings. We typically try to have at least
one. So everyone knows, we are in the General Plan process, but it still has to go
through the rezoning process, which is where we talk about details and specifics of the
lot layout, setbacks, buffers, etc.
Mr. Sims said there are other factors that need to be considered, such as no one has
spoken of the communication onto Sunkist via the La Canada Extension. That could be
a very serious interface leaving some serious problems similar to the ones on Moore
Road. He encouraged having another neighborhood meeting, to get input and air
thoughts.
PUBLIC HEARING CLOSED AT 7:20 P.M.
Mr. Winters responded to the public hearing saying that the Commission can see that
the issue is the plan category and density range. He would submit that when the Town
decided to run a four -lane boulevard up the edge of the property, it did make a
substantial change to this property owner's property, and when the Post Office took
over the only commercial site on this intersection, it did change the ability of looking at
the additional area. We will be setting up another neighborhood meeting very soon.
There is still some confusion on the exact layout of the intersection of Sunkist
July 6, 2004 Approved N"s, Planning & Zoning Commission Meeting
connecting to La Canada. This property is annexed to the Town already.
Mr. Nodine told Commissioner Anning that Staff was also concerned with the linear
nature of the property and it being prime for strip commercial. We looked at an office or
incubator business type of use in the northern portion and focused on retail types of
services in the southern portion. There are designations in the General Plan that would
work in office types, but in the terms of zoning of the property, you are taking a
commercial zoning and then using the rezoning process to specify where the uses are
going to go. You can use a Tentative Development Plan and control things with the
placement of buildings and parking, etc.
Mr. Nodine responded to Commissioner Kinared's concern of whether there was a
demand for commercial office. Staffs analysis of need is based on distance to other
sites and on talking to the broker on the site. There are very few incubator business
types of sites available in Town. The broker felt very strongly that there was a demand
for retail services in the area. Staff concurred.
Mr. Nodine told Vice Chair Cox that there has been discussion with the neighbors. It
seems there is a mix of opinion about the connection along Sunkist. That is not part of
the issue before the Commission now, because that was decided when the plat to the
north was approved. The connection was made for potential future connection. The
development of this property as is being proposed, is beyond the General Plan at this
point. As proposed this property would not force the connection. There was discussion
that it should make that connection and Staff had looked at that as an option. Staff did
no go in that direction because of some of the concerns. If there is enough
development in the future then eventually that connection will have to be made.
Vice Chair Cox stated that he was also concerned if there was enough demand for
commercial.
Mr. Winters submitted that this property would probably not have grocery store on it. He
envisions restaurants, small shops, etc. If there was a high quality restaurant, people
would drive to it regardless of what else was there.
MOTION: Commissioner Kinared MOVED to continue this item until the regularly
scheduled meeting in August to give the applicant time to add definition to the
proposal and for applicant and Staff to be able to give more information.
Commissioner Anning seconded the motion. Motion carried 4 yes, 2 no.
Commissioners Manross and Krenkowitz voting no.
BREAK 7:35 to 7:45 p.m.
5. PUBLIC HEARING: OV9-04-04, TOWN OF ORO VALLEY REQUESTS
APPROVAL OF A TRANSLATIONAL ZONING FROM PIMA COUNTY SUBURBAN
RANCH (ONE RESIDENCE PER 144,000 S.F.) TO ORO VALLEY R1-144 (ONE
RESIDENCE PER 144,000 S.F.) FOR A NEWLY ANNEXED AREA, LOCATED IN
PROXIMITY TO THE INTERSECTION OF TANGERINE ROAD/LA CANADA DRIVE
July 6, 2004 Approved N"s, Planning & Zoning Commission Meeting 9
EXTENDED AND NEAR SUNKIST DRIVE, PARCELS 21947004B, 21947004C,
21947004A, 219470060, AND 219470050
Mr. Nodine gave the staff report.
PUBLIC HEARING OPENED AND CLOSED AT 7:50 P.M. No Speakers.
MOTION: Commissioner Bistany MOVED to recommend that the Town Council
approve OV9-04-04, translating the zoning from Pima County SR to Oro Valley R1-
144, subject to the condition listed in Exhibit A attached herewith. Commissioner
Manross seconded the motion. Motion carried 6 yes 0 no.
6. PUBLIC HEARING: OV9-04-03, TOWN OF ORO VALLEY REQUESTS
APPROVAL OF A TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL
HOMESTEAD (ONE RESIDENCE PER 180,000 S.F.) TO ORO VALLEY R1-144 (ONE
RESIDENCE PER 144,000 S.F.) FOR A NEWLY ANNEXED AREA, LOCATED IN
PROXIMITY TO W. TORTOLITA MOUNTAIN CL., N. KING AIR DR., AND WEST
TURTLE DOVE LN., PARCELS 21916001 D, 21916003A, 21916005A, 21916005B,
219160.07B, 21916007A, 219150010, 219150040, 219150050, 219150060,
21916001 B, 219160020, 21915007A, 21915007B, 219160160, 219150090,
219150080, AND 219120160.
Mr. Nodine gave the Staff Report. He pointed out that Pima County Rural Homestead
(RH) allows one residence per 180,000 square feet. There needs to be an additional
condition to meet the State law that lot size shall be no smaller than 180,000 square
feet.
PUBLIC HEARING OPENED AND CLOSED AT 7:53 P.M. No Speakers.
MOTION: Commissioner Anning MOVED to recommend that the Town Council
approve OV9-04-03, translating the zoning from Pima County RH to Oro Valley R1-
144, subject to the condition listed in Exhibit A attached herewith and the
following added condition that lot sizes shall be no smaller than 180,000 square
feet. Commissioner Kinared seconded the motion. Motion carried 6 yes, 0 no.
7. PUBLIC HEARING, FISCAL YEAR 2004-2005 PLANNING AND ZONING WORK
PLAN
Mr. Nodine gave the Staff Report presenting the 2004-2005 Work Plan that is divided
into two parts. The first page is items substantially completed and on going items.
Mr. Nodine told Vice Chair Cox that he will set a Study Session for the Commissioners
to review the Boards and Commissions Bylaws.
The next page of the Work Plan has the General Plan Update Election and other items
as high priority. The Recreation Areas and Trails, Code Revisions and CPTED
Amendment were initiated, but they are being done on a slower track.
July 6, 2004 Approved Minutes, Planning & Zoning Commission Meeting 10
Mr. Nodine said to Commissioner Manross that at this point the status of the General
Plan is that there have been a couple of Study Sessions with the Town Council. The
Council has asked for another Study Session to present in more detail to the new
Council what the proposals for changes might be. To make the May election, the
process should start this month.
Mr. Nodine told Vice Chair Cox that there is to be a Study Session of Council to bring it
back to the new Council. It depends on the Council's direction as to whether it comes
back to the Planning and Zoning Commission. Staff's recommendation is that a small
committee be formed that picks up the Commission, the Council, the opposition and the
Steering Committee to look at changes that need to be made to the General Plan, and
then take it through the process to the Commission, to the Council and then ultimately
to the voters.
Vice Chair Cox stated that one of the great criticisms of the last General Plan was that it
was entirely too Town Council driven, and that it had lost its identity with the Steering
Committee, etc. If the new General Plan is again perceived as a Town Council driven
document, it may run into the same problems as before. He thinks a small committee is
a good idea, but he would like to see a strong involvement of the Commission or to
have a joint Study Session with the Council.
Commissioner Kinared offered that there were clearly significant changes that were
made after the plan left the Planning Commission. It would be helpful to the community
if those differences were encapsulated so the population could better understand them.
If it were significant changes it might be helpful for all of us to know why. Public
discussion would be beneficial. He is a proponent of adopting a new General Plan
because he is not sure the one we are using now serves us best. He also recognizes
that we serve at the pleasure of the Council and that anything we do regarding the
General Plan should be submitted as a request.
Commissioner Krenkowitz agreed that Planning and Zoning should be involved in the
process, but now it is before the Council. He suggested that we authorize the Chair to
appear at a Call to the Audience before the Council and express to them the consensus
of opinion that Planning and Zoning should be involved in the process of reviewing and
developing the revised General Plan.
Commissioner Bistany said that ultimately it doesn't matter who gets what into the plan.
The point of departure is what actually winds up in the plan, and if it is not palatable to
the community as a whole, it won't pass. We have to concentrate on what goes into the
plan.
The consensus was that the Commission would like Vice Chair Cox to make some type
of notification to the Council that they want to have input.
Attorney Andrews said that this should be an agenda item, unless the Commission
wants to place it on the Work Plan. That could be taken care of under this specific
agenda item under the open meeting law. Legal action includes any and all deliberation
before the board that may result in final action by any other legislative body. This
July 6, 2004 Approved dinutes, Planning & Zoning Commission Meeting 11
means the fact that the Commission is discussing this and wants to go to the Council
with something later and bring a census forward to somebody who will cause legal
action, could be considered legal action.
Commission Kinared stated that the Work Plan points out that the Commission wants to
have a study session with the Council for direction on modifying the plan and preparing
for another election.
PUBLIC HEARING OPEN AND CLOSED AT 8:10 P.M. No Speakers.
MOTION: Commissioner Kinared MOVED to forward the 2004-2005 Planning and
Zoning Work Plan to the Town Council recommending adoption. Commissioner
Bistany seconded the motion.
Discussion: Commissioner Krenkowitz highlighted the notification requirements and the
rezoning and pad submittal requirements and procedures. His recommendation to Staff
was that we ought to start moving into the procedure that the legislature has mandated
in Growing Smarter and Growing Smarter 2. We can lay the foundation by picking up
the procedural aspects that are in the statute. He suggested that the Commission take
the good ideas from Growing Smarter and look at what can be done now, rather than
waiting until the new General Plan is voted in.
Motion carried 6 yes, 0 no.
8. OV7-04-02, INITIATION OF AN AMENDMENT TO CHAPTER 27 OFF-STREET
PARKING TO CLARIFY SECTION 27.6G1 AS IT PERTAINS TO PARKING
DISTRIBUTION
Mr. Nodine gave the Staff Report.
MOTION: Commissioner Manross MOVED to initiate an amendment to Chapter
27.6G1 as it pertains to parking distribution requirements. Commissioner Anning
seconded the motion. Motion carried 6 yes, 0 no.
9. OV7-02-05, REQUEST TO INITIATE AN AMENDMENT TO THE ORO VALLEY
ZONING CODE REVISED TO INCORPORATE PROTECTION OF VISUALLY
SENSITIVE AREAS INTO THE ZONING CODE
Mr. Nodine gave the Staff Report. Staff does have the knowledge to develop the
policies necessary.
MOTION: Commissioner Kinared MOVED to initiate an amendment to incorporate
protection of visually sensitive areas into the applicable sections of the OVZCR.
Commissioner Bistany seconded the motion. Motion carried 6 yes, 0 no.
10. OV9-04-07, REQUEST TO INITIATE_ A_ ZONING MAP AMENDMENT TO EXPAND
THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY
INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE
July 6, 2004 Approved Minutes, Planning & Zoning Commission Meeting 12
PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH
WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE, PARCEL 220-080-08K
Mr. Nodine gave the Staff Report.
Mr. Nodine told Commissioner Manross that there was a plat being submitted at this
time on the property.
Mr. Nodine replied to Commissioner Kinared that in this case, that if the applicant is not
encroaching into the designated riparian area, that they are not required to do the study
and provide the information. The Town would have to do it. We are not out of order on
this, depending upon how quickly this is done. There is no protection for the area at this
time. We have notified the applicant upfront that we have taken this action. The
applicant knew it was floodplain, not riparian. There are issues with the floodplain at this
point as well.
Mr. Nodine told Vice Chair Cox that the plat that is coming in does encroach in this
area, but at this point the applicant is not responsible for the study because it is not
currently designated as riparian area.
MOTION: Commissioner Anning MOVED to initiate a zoning map amendment to
expand the Town's Riparian Habitat Overlay District to include a portion of Parcel
220-080-08K. Commissioner Bistany seconded the motion. Motion carried 6 yes,
0 no.
11. OV7-04-04, REQUEST TO INITIATE AN AMENDMENT TO THE ORO VALLEY
ZONING CODE REVISED TO REVISE PUBLIC NOTIFICATION REQUIREMENTS
Mr. Nodine gave the Staff Report.
MOTION: Commissioner Manross MOVED to initiate an amendment to the public
notification requirements in applicable sections of the OVZCR. Commissioner
Kinared seconded the motion. Motion carried 6 yes, 0 no.
PLANNING UPDATE
ADJOURN REGULAR SESSION
MOTION: Commissioner Kinared MOVED to adjourn the July 6, 2004 Planning
and Zoning Commission meeting. Commissioner Krenkowitz seconded the
motion. Motion carried 6 yes, 0 no. Meeting adjourned at 8:35 p.m.
Respectfully submitted,
Diane Chapman, Recording Secretary
NE7
AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA )
ss.
COUNTY OF PIMA )
Jamie Macias, being first duly sworn, deposes and says that (s)he is the Legal
Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and
published in the County of Pima, State of Arizona, and of general circulation in the City of
Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached:
RESCHEDULING NOTICE OF PUBLIC HEARING BEFORE
THE ORO VALLEY BOARD OF ADJUSTMENT JUNE 13,
2008
OV10-08-04
was printed and published correctly in the regular and entire issue of said THE DAILY
TERRITORIAL for 1 issues; that was first made on the 22nd day of May 2008
and the last publication thereof was made on the 22nd day of May 2008 ;
that said publication was made on each of the following dates, to -wit:
05/22/08
at the Request of: Oro Valley Town Hall
Notary CEUNDA ARGUE
Notary
Public - Arizona My commission expires.y
Pima County
Expires 10/31/2011
RESCHEDULING
NSTICE 01! PUBLIC HEARING
BEFORE THE ORO VALLEY
BOARD OF ADJUSTMENT
In accordance with Sec. 21.6.H of the
Oro Valley Zoning Code Revised and
Arizona Revised Statutes Sec.
9-462.06,NOTICE IS HEREBY GIVEN
that the Oro Valley Board of Adjustment
has rescheduled the public hearing from
Tuesday, May 27, 2008 to June 13,
2008, commencing at or after 3:00
p.rrL The meeting will be held at the
Oro Valley Town Hall, 11000 N. Le
Cafiada Drive and the subject matter
will be as further described below:
OVII0-08-04: Desco Southwest repre-
sented by the Planning Center re-
cuests relief from the 250' dl=lance
gqulred from a convenience use to
residentlallylo. ned properties gub-
fact: (parcels x219-47.017A. 018A.
0050. 0060, 004A. 004C. 0048) lo-
cated the northwest corner of La
Canada Drive and Tangerine Road.
Oro Valley. AZ. 65737.
Site plans are available for review dur-
ing normal business hours at the Oro
Valley Town Hall, Development Service
Center. Persons interested may appear
in person, by agent or attorney, and the
petitioners must appear or be repre-
sented. Any person seeking further in-
formation on this request for a variance
may contact Patty Hayes at 229-4819
or e-mail: phayes@orovalleyaz.gov.
REO:Sarah More, FAICP
Planning and Zoning Director
PUBLISH: The Dally Territorial
May 22, 2008
hrJune13/100804 Im
RESCHEDULING
NOTICE
OF PUBLIC HEARING
BEFORE THE
ORO VALLEY BOARD OF ADJUSTMENT
In accordance with Sec. 21.6.H of the Oro Valley Zoning Code Revised and Arizona
Revised Statutes Sec. 9-462.06,
NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment has rescheduled
the public hearing from Tuesday, May 27, 2008 to June 13, 2008, commencing at or after
3:00 p.m. The meeting will be held at the Oro Valley Town Hall, 11000 N. La Canada
Drive and the subject matter will be as further described below:
OV10-08-04: Desco Southwest represented by the Planninu Center requests relief
from the 250' distance required from a convenience use to
residentially zoned properties. Subiect: (parcels #219-47-017A, 018A,
0050, 0060, 004A, 004C, 004B) located the northwest corner of La
Canada Drive and Tangerine Road, Oro Valley, AZ, 85737.
Site plans are available for review during normal business hours at the Oro Valley Town
Hall, Development Service Center. Persons interested may appear in person, by agent or
attorney, and the petitioners must appear or be represented. Any person seeking further
information on this request for a variance may contact Patty Hayes at 229-4819 or e-mail:
pha. es a,orovalleyaz.ov.
REQ: Sarah More, FAICP
Planning and Zoning Director
Posted:
By: Sg
Date: 5-20-08
300 FEET FROM 219-47-018A,
018A, 0050, 0060, 004A, 004 C , 004 B
A
N
S
E
NOTICE
OF PUBLIC HEARING
BEFORE THE
ORO VALLEY BOARD OF ADJUSTMENT
In accordance with Sec. 21.6.H of the Oro Valley Zoning Code Revised and Arizona
Revised Statutes Sec. 9-462.06,
NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public
hearing on Tuesday, May 27, 2008 commencing at or after 3:00 p.m. The meeting will
be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject matter
will be as further described below:
OV10-08-04: The Planning Center requests relief from the 250' distance required
from a convenience use to residentially zoned properties . Subject:
(parcels #219-47-017A, 018A, 0050, 0060, 004A, 004C, 004B) located
the northwest corner of La Canada Drive and Tangerine Road, Oro
Valley, AZ, 85737.
Site plans are available for review during normal business hours at the Oro Valley. Town
Hall, Development Service Center. Persons interested may appear in person, by agent or
attorney, and the petitioners must appear or be represented. Any person seeking further
information on this request for a variance may contact Patty Hayes at 229-4819 or e-mail:
phayes@orovalleyaz.gov.
O: Sarah More, FAICP
Planning and Zoning Director
Posted:
ByDRM
Date: 4-29-08
Time: 10:00 a.m.
1
NOTICE OF PUBLIC HEARING
BEFORE THE ORD VALLEY
BOARD OF ADJUSTMENT
In accordance with Sea 21.6.H of the
Oro Valley Zoning Code Revised and
Arizona Revised Statutes Sec.
9-462.06,
NOTICE IS HEREBY GIVEN that the
Oro Valley Board of Adjustment will
hold a public hearing on Tuesday, May
27, 2008 commencing at or alter 8:00
p.m. The meeting will be hold at the
Oro Valley Town Hall, 11000 N. La
Canada Drive and the subject matter
will be as further described below:
OV10418-04: The Plannina Center re
Site plena are available for review dur-
ing normal business hours at the Oro
Valley Town Hall, Development Service
Center. Persons Interested may appear
In person, by agent or attorney, and the
petitioners must appear or be repre.
sented. Any person sseldng further In.
formation on this request for a variance
may contact Patty Hayes at 229.4819
or e-mail: phaMQ4orovallevaz.aov.
REO: Sarah More, FAICP
Planning and Zoning Director
PUBLISH: The Dally Territorial
Aprl11, 20aa
1/000804 Jh