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Home My WebLink AboutOV17005290QOJPy%_EY :0+ .rri' '00NDE79' Town of Oro Valley Community Development and Public Works Date: March 21, 2017 Subject: Zoning Interpretation — Conditional Use Permit requirement for bank drive-thru lanes in San Dorado (OV1700529) REQUEST A zoning interpretation was requested by Morgan Ellig, an architect at DBSI. The aim is to discover if a conditional use permit is required for bank drive- thru lanes in San Dorado. San Dorado is a commercial development regulated by the Oro Valley Town Centre Planned Area Development. APPLICABLE ZONING REFERENCES The subject property is governed by the Oro Valley Town Centre at Rooney Ranch Planned Area Development (adopted on October 16, 2002). The Planned Area Development (PAD) is the controlling document for the development of the Oro Valley Town Centre at Rooney Ranch, any existing or future Town ordinances or regulations (including any design guidelines) that conflict with this PAD shall either not apply or shall be interpreted to allow the PAD regulations to control (Policy 11, OV Town Centre PAD). Below are related references from each document: a. Oro Valley Town Centre at Rooney Ranch Planned Area Development The Oro Valley Town Centre at Rooney Ranch PAD specifically regulates conditional use permits as folows: Page BB-7: 10. Permitted Convenience Uses (CUP) Notwithstanding any other provision of this section or the OVZCR, Convenience Uses shall be defined as: a. Any use with a drive-in or drive-thru, b. Stores less than 7, 500 square feet where food and drink, which may include packaged alcoholic beverages, are sold. Such items are sold primarily for consumption off premises, or c. Gas stations Convenience Uses shall be permitted subject to the following conditions 1. Up to a total of 6 Convenience Uses may be located within Areas 1, 2, or 3 as described below: Oro Valley, it's in our nature. 11000 N. La Canada Drive, Oro Valley, Arizona 85737 www.orovalleyaz.gov I phone: (520) 229-4800 1 fax: (520) 742-1022 r a. A maximum of four (4) Convenience Uses may be located in Area 1. Developer shall decide how the remaining Convenience Uses will be allocated between areas 2 and 3. b. A maximum of two (2) Convenience Uses may be freestanding fast food with drive-in/drive-thru that stay open past 9:00 PM, and only 1 of the freestanding fast food. Convenience Uses with drive-in/drive-thru that stays open past 9:00 pm may be located in Area 1. 2. A CUP will be required pursuant to the provisions of the PAD. 3. The CUP is subject to all requirements as specified in Section 25.1.G of the Zoning Code with the exception of the following: a. Location Requirements b. Number of convenience uses c. Timing of Development b. Oro Valley Zoning Code Ordinance 16-16 (approved in December 2016) redefined convenience uses specifically placing banks and financial services in their own category. Zoning code regarding permitted uses was amended to the following: Table 23.1-Permitted Uses Drive-thru uses (not including banks) - conditional for C-N, C-1 and C-2 zoning districts Financial Services -permitted in C-N, C-1 and C-2 zoning districts Chapter 31 of the Town of Oro Valley Zoning code provides the following applicable definitions: Convenience Use A use by which the method of operation produces a moderate or high level of traffic and impacts on surrounding uses. The following are considered convenience uses: 1. Gas stations 2. Drive-thru uses, not including banks 3. Convenience markets 4. Vehicle (car) washes Financial Services An establishment providing management or exchange of money, assets or other fiduciary services, including banks, credit unions, savings and loans, mortgage and/or title companies. INTERPRETATION The intent of the PAD was to entirely reflect the convenience use definition within the Town of Oro Valley's Zoning Code. Therefore, the new definition of convenience use in the Town of Oro Valley's Zoning code shall preside over the Oro Valley Town Centre definition. This definition Oro Valley, it's in our nature. 11000 N. La Canada Drive, Oro Valley, Arizona 85737 www.crovalleyaz.gov I phone: (520) 229-4800 1 fax: (520) 742-1022 delineates banks and financial services as a separate use because a drive-thru in association with a bank produces much less traffic and generally has a much lower impact on adjoining properties. As such, the Town of Oro Valley Zoning Code no longer identifies a drive-thru in conjunction with a bank as a convenience use. Banks and other Financial Services are permitted in commercial zoning districts and would not be expected to have substantial impacts on adjoining properties. Banks are still required to provide necessary screening and buffering of the drive-thru to minimize any visual impacts. In summary, it is found the Zoning Code Ordinance (0) 16-16 does not conflict nor limit the PAD's intention for permitted uses. Banks or Financial Services shall not be required to have a conditional use permit for drive-thru lanes. APPEALS Persons aggrieved by a Zoning Interpretation may file an appeal to the Board of Adjustment within twenty (20) days from the date it is published on the Town's website, in accordance with Section 21.6.G of the Town of Oro Valley Zoning Code. Bayer Vega, LEED-AICP Planning and Zoning Manager CC :-pi le Date Oro Valley, its in our nature. 11000 N. La Canada Drive, Oro Valley, Arizona 85737 www.orovalleyaz.gov I phone: (520) 229-4800 1 fax: (520) 742-1022 TOWN OF ORO VALLEY DEVELOPMENT & INFRASTRUCTURE SERVICES DEPARTMENT 11000 N. LA CANADA DRIVE, ORO VALLEY, AZ. 85737 PHONE: (520) 229-4800 FAX: (520) 742-1022 www.orovalleymoov/dis 1.2 GENERAL APPLICATION FORM ❑ Major General Plan Amendment ❑ Rezoning/PAD Amendment ❑ Planned Area Development P Conditional Use Permit ❑ Zoning Code Amendment ❑ Conceptual Site Plan ❑ Conceptual Public Art ❑ Conceptual Architecture ❑ Final Site Plan ❑ Conceptual Landscape PIan Address: Subdivision / Commercial Center Name: Book / Page or Sequence Number. Legal Description: Sectionrrownship/Range: 7 ❑ Final Plat ❑ Pre -Application ❑ Zoning Verification ❑ Sign Criteria� ❑ Sign - PAD Exemption`"T... ❑ Master Sign Program ❑ Communication Facility — Tier 1 and 2 Minor ❑ Communication Facility — Major ❑ Revised Developmegnt Igan l� ,tsl Other ke"t �t ro r• .L, [Pam & Cade: Lot Numbers) Existing Land Use: V 0.tt 01 fi Proposed Land Use: Area of_Property:. Applicant Information: " If more than one, attach list Applicant *: Name: Aoc ' 1 lik Firm; Z —1111C. . Address: mrO uJ A o (C Io S 0� f' City: awnIt r I State: A Z Zip: Q S 7-2-6 Telephone: 601- 26Y—'7263 Fax: Email: Q A43 i — iht cprl Property Owner(s) if different from Applicant *: AA Name: 8C�` �i4jeh Firm: 0—y-A?— Cr4J Address: _ a 3 Ss LILJ A. AaLk a.1c City: State: A Z Zip: qn?_7 Telephone: 601 ' 517 •V0 S 3 Fax: Email: _ bn0— 00%2042c . t.o 00N Consultant: Arc; (cc- � (Discipline) ^ L Name: Ft u h - Firm: �o►gcr1 �fc�••�h ,+rc�,lctCS. Address I{ k si • k. 4/06 City: %Mee State: A ?-zip:. W Telephone: t/80. 377• 2U2'L Fax: Email: _i l%y a r bro uh 0.1-c.' . co.". Protect Description/Narrative: /W.w-�O�:id• �rdJ�d. �� 3_5/2`/ S!� Crc,�:�- U.�.-• ��i�"-• r 9 i d -.--XA u 1& :.r a %.1 & %n L. l I hereby certify that I have read and examined this application and know the same to be true and correct. I am the owner of the property or the Owner's authorized representative, and if not the owner, I have obtained the owner's permission to perform stated work. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The approval of this application does not presume to give authority to violate or cancel the provisions of any other federal, state or local law for which this project may be subject to. Notice: It is the applicant/owner's responsibility to ensure all private rules and regulations (such as Covenants, Conditions & Restrictions (CC&R's)) of the subdivision and/or commercial center are adhered to. Contact your Home Owners Association or property management to determine applicable requirements. It is also the applicant's responsibility to coordinate with all outside agencies to secure their acceptance or clearance. Failure to do so may delay issuance of permits. See attached list of agencies. A Not &-N 6 16 1-1-0-17 Applicant' „ gna re Print Nam Date Important Note: All submittals received after 4:00 p.m. will be. processed the next day Submittals will be retected if: • Not folded using Pima County fold & collated; • There are missing items on the checklist unless otherwise approved by Planning Division Manager or Town Engineer. • Re -submittals cannot be accepted without a transmittal and a written narrative summary describing the purpose of submittal. 2 ING DBSI Banking Redefined' February 20, 2017 Chad Daines — Principal Planner - Town of Oro Valley This letter is to request an interpretation of the Conditional Use Permit requirements for (2) Drive thru lanes at the property located on the Northeast comer of Is' Avenue and Oracle Road. The drive thru lanes are located very similarly to the original approved PAD for the San Dorado development. The existing neighboring site walls (in excess of 8'-0') will shield adjacent properties to the North and East. Proposed site walls (42" above grade per Town of Oro valley pre - application Planning review request) will shield Oracle road traffic and adjacent properties to the west from drive thru traffic headlights. MORGAN ELLIG I Architectural Designer All DBSI Banking Redefined DBSI I The Banker's Playground Blog 0:(602) 264-7263 F:(602) 264-5633 MElII-OW- bsi-inc.com 6950 West Morelos Place, Chandler, AZ 85226 8!•i