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HomeMy WebLinkAboutPackets - Council Packets (124)Council Meeting Regular Session January 7, 2015 1 2 Announcements Meetings are subject to change. Check the Town website for meeting status. January 12 at 6 p.m. Hopi Conference Room Water Utility Commission January 13 at 6 p.m. Council Chambers Conceptual Design Review Board January 20 at 5:30 p.m. Hopi Conference Room Parks & Recreation Advisory Board January 15 at 4 p.m. Hopi Conference Room Stormwater Utility Commission January 21 at 6 p.m. Council Chambers Town Council Regular Session 3 Town of Oro Valley 4 5 Town of Oro Valley Recreation Vehicle Sales Town Council January 7, 2015 Our purpose here tonight is to consider a Zoning Code Amendment to add a new sign type to the Zoning Code which could be utilized by businesses who are located next to road construction projects. 6 Proposal Recreational Vehicle Sales Eliminate 2014 Expiration Date 4 Shows a Year 4 Days per Show Town of Oro Valley Staff proposes a new sign type with the intent of helping businesses through the difficulties endured during a road improvement project. 7 Location Town of Oro Valley Tangerine Road Oracle Road Red Lobster Best Buy Staff proposes a new sign type with the intent of helping businesses through the difficulties endured during a road improvement project. 8 Display Location Red Lobster Staff proposes a new sign type with the intent of helping businesses through the difficulties endured during a road improvement project. 9 Conditions & Recommendation Town of Oro Valley 4 Events per Year 4 Days Each Event 150 Vehicles Location Defined Approval Could Be Retracted Staff Recommends Approval Our current Sign Code only allows a small banner for a limited time frame which isn’t effective for businesses who are trying to make their property visible to their customers during a lengthy road construction project. In the past we have been able to gain Council’s approval of various temporary sign relief programs but going through those approval processes just adds more time to the sign permit process 10 11 Senior Care Facilities Zoning Code Amendment Town Council January 7, 2015 12 Our purpose tonight is to consider a Zoning Code Amendment related to senior care uses Last year Town Council initiated this amendment to basically accomplish three things: 1. Resolve differences in terms used by TOV and those used by the State 2. Determine which districts are appropriate for senior care uses 3. Evaluate any appropriate land use standards ESL is a very technical ordinance & requires some back and forth to achieve compliance; Do not expect revision to significantly affect: Lot layout/# of lots Layout or configuration of Os Reason for Request Town of Oro Valley Long Term Care Facility Mature Adult Retirement Quarters Rehabilitative Care Facility Nursing Care Facility Senior Citizens Development Independent Care Facility Hospice Care Assisted Living Facility Convalescent Home Community Residence Nursing Home Senior Housing So, in terms of the first part of the amendment relative to resolving conflicting terms and definitions in the Code I’ve included this slide to help illustrate the issue. These are all terms used throughout the Zoning Code relative to senior care uses. In many cases, a term is used in one section of the code and another term in a different section to describe the same use. Many of the terms are outdated Do not align with current State terms 13 Proposed Solution Town of Oro Valley Senior Care Facility Single or Multiple Use Facilities Includes: - Independent Living Facilities - Assisted Living Facilities - Hospice In-Patient - Nursing Care The proposed solution to the first part of the issue is to create a single definition for all senior care uses titled “Senior Care Facility” This approach will create simplicity and clarity with regard to terms and definitions This term will include senior care facilities with a single level of care like an assisted living facility or senior care facilities with multiple levels of care like Splendido. The new term will include independent living, assisted living, hospice and nursing care 14 Common senior care elements Multiple units & beds Parking areas & emergency access Single & multi-story buildings Landscaped areas & amenities Town of Oro Valley The proposal to create a single definition is based on the similarities between senior care uses. Some commonalities include: Multiple beds & units Parking areas and emergency access Single and multi-story buildings Landscaped areas and amenities Although there are internal differences between say an assisted living facility and a nursing care institution, there is little difference from a external land use perspective. Based on this, a single definition for all senior care uses is recommended versus separately defining and regulating these uses independently. Again, the goal of the amendment is simplicity and clarity. 15 Similarities with multi-family Town of Oro Valley Senior Care Facilities Apartments In terms of the second portion of the amendment, where these uses should be located, we took a step back and looked at the similarity of these uses to multi-family residential such as apartments and townhome development These examples show the examples of apartments and also senior care facilities. As you can see, there are significant similarities between them, its hard to tell which is which. XXX Based on the similarity of senior care facilities to multi-family development, the approach with the second portion of the amendment is to permit senior care facilities in multi-family or townhome zoning districts 16 Permitted Zoning Districts Multi-family / townhome districts Standards to address compatibility - Setbacks - Building Height - Open Space / Landscaping - Design Standards Permitted Use vs. Conditional Use Town of Oro Valley A little more detail on the proposed districts. Multi-family and Townhome districts are designed to accommodate senior care facilities These districts include appropriate standards to address compatibility with adjoining areas including: -Setbacks – Building Heights – Open Space and Landscaping - and Design Standards As these districts are designed to accommodate the character of this use (multi-unit multi-story buildings), it is recommended that they be classified as permitted uses and a conditional use permit would not be required Much like an apartment building does not require a CUP in a multi-family zoning district. The district is appropriate for multi-family development and no discretionary approval is needed and we think the same is true for senior care uses. 17 Recreational Area 1 acre / 85 units or beds Requires active and passive amenities Flexibility in amenities Credit for indoor amenities Town of Oro Valley The third portion of the amendment focused on any additional land use standards which should be considered. As I’ve previously outlined, these uses would be appropriately regulated in terms of setbacks, building heights, open space and design standards In researching the amendment, we discovered one land use issue not adequately covered under our existing Code was the provision for recreational areas within senior care facilities for the residents well being. Under the current Code, no recreational areas are required and therefore the recreational areas provided range from small to extensive, based solely on what the facility wants to provide. The amendment addresses this omission by using our existing recreational area code which requires 1 acre of rec area for every 85 units or beds The amendment would require active and passive amenities like shaded benches, walking paths, sports courts ect. The proposed recreational area standards allow flexibility in determining appropriate amenities for the particular senior care facility Allows for credits for indoor amenities and enhanced facilities 18 Assisted Living Homes Small in home care up to 10 residents Protected use under Federal Law (Fair Housing Act) Cannot require Conditional Use Permit Can require spacing 1,000 feet Town of Oro Valley One minor portion of the amendment is to retitle Community Residence to it’s proper term used by the State, which is Assisted Living Home These are the small in home care of seniors, up to 10 persons in a residence It is important to note that this use is currently already permitted in most single-family districts It also is important to note that these uses are protected by Federal Law. There has been significant case law on this issue. Based on federal law (Fair Housing Act), municipalities cannot treat these homes any different than a single-family residence. Therefore, a Conditional Use Permit is cannot be required by the Town The courts have upheld the ability of a Town to require spacing of these homes and the amendment continues with the current ordinance separation of 1,000 feet between homes. 19 Stakeholder Review Senior Care Facilities Senior Care Advocates State Department of Health Services Architects and Designers Developers Interested Parties Town of Oro Valley In developing the amendment, staff first visited and toured several senior care facilities to learn more about the operation of these uses Following site tours, a large group of industry representatives and interested parties was used in the development and review of the amendment. This included outreach to: -Senior care facilities within and outside of Oro Valley or projects within the design process -Senior Care advocates such as Pima Council on Aging, Arizona Center on Aging -The state was consulted and we spend significant time understanding the regulatory process and how these uses are classified -Architects, designers and developers of past projects -Interested parties So, the amendment was vetted through an extensive group of industry representatives After review, a number of industry representatives have ultimately expressed support We had one interested party who felt that a larger property size (20 acres) should be required to adequate address the recreational needs of residents We did have one developer / designer that requested the recreational area be reduced to 50% of the full amount for assisted living and nursing care. We believe that the amendment is balanced, not requiring too much land area to be excessive, but also not requiring too little land. Again, our view is that regardless of the level of care, we believe seniors in all facilities will benefit from outdoor recreation area. The amendment does allow for flexibility with credits against the recreational area for indoor facilities like exercise room or enhanced facilities like swimming pools, so we believe that a recreational program can be tailored to a facilities specific needs. 20 State & County Regulations Internal Operations Comprehensive Licensure Process Extensive Rules & Standards - Operational aspects - Service Plans - Staffing Training - Medication & Nutrition - Physical Plant - Emergency & Safety Annual Renewals, inspections and Compliance County – Permitting & compliance for food services Town of Oro Valley One resident provided numerous comments relative to the operational and internal building aspects of these uses, which is outside the scope of the amendment which is focused on zoning issues. I wanted to provide an overview of how extensively these uses are regulated by the State and County. First, the State has a comprehensive process of licensing these facilities There rules and regulations are extensive. I have just a portion of the rules here and a comprehensive facility design guide used by the state. These rules cover: - Operational aspects - Service Plans - Staffing Training - Medication & Nutrition - Physical Plant - Emergency & Safety Annual License Renewals and inspections are required and special inspections are conducted to follow up on complaints County – Permitting & compliance for food services So in summary, senior care uses are extensively reviewed and regulated by the State including continuous oversight and inspections to ensure compliance 21 International Fire and Building Codes Comprehensive Review and Inspection - Primary life safety issues - Tripping & Falling hazards - Safe ingress & egress - Accessibility - Emergency systems - Fire protection & warning systems Town of Oro Valley In addition to State Oversight, the Town Building Official and the Fire Marshall oversee a comprehensive review and inspection of these uses. These uses comprehensively regulated by the International Fire and Building Codes, which address such issues as: - Primary life safety issues - Tripping & Falling hazards - Safe ingress & egress - Accessibility - Emergency systems - Fire protection & warning systems In summary, our analysis revealed that the “in house aspects” of these uses is comprehensively and extensively regulated by the State, County and Town and Fire District and no additional regulation is required to ensure a safe living environment for seniors. 22 Zoning Code Allowable zoning districts Building Heights - Setbacks Compatibility Landscaping Design Review Conditional use Recreational areas Town of Oro Valley State / County / International Fire and Building Codes address “In-house” issues Zoning addresses issues “Out of the House” issues or the external building and the site related elements. The Zoning Code addresses: Allowable zoning districts (where) Building Heights Setbacks Compatibility Landscaping Design Review Conditional use Recreational areas In summary, our analysis was that these uses are adequately regulated from a zoning perspective, with the exception of recreational area, which is addressed with this amendment. 23 General Plan Policies Increased densities off-set with open space and amenities Higher density projects require recreational facilities to serve residents Town of Oro Valley The amendment is supported by the General Plan, most notablely policies which encourage open space and amenities to offset of higher density and to serve residents of these facilities. 24 Recommendation Consistent with General Plan Addresses conflicting terms Creates alignment with State and Federal requirements Provides for recreational area to serve residents Planning and Zoning Commission Recommends approval Town of Oro Valley Consistent with General Plan Addresses conflicting terms Creates alignment with State and Federal requirements Provides for recreational area to serve residents On December 2nd, the Planning and Zoning Commission recommend approval of the request. Mr. Mayor 25 26 Town of Oro Valley Public Hearing Increase in Water Rates, Fee & Charges for the Oro Valley Water Utility January 7, 2015 27 Town of Oro Valley Mayor & Council Water Policies Policy adopted by (R) 05-09 in March 2, 2005 Water Utility is self supporting with rate based revenues Water rates and charges reviewed annually Debt service coverage ratio of 1.30 Cash reserves of at least 5% of budget Avoid sudden or large scale shifts in rates Minimize rate shock Rate structure to encourage water conservation Rate structure to encourage use of reclaimed water Cost of Service Approach (AWWA methodology) 28 Town of Oro Valley Water Rates Analysis Preferred Financial Scenario Five year revenue & expenditure projections Only approve increase for the first year Analysis of the three funds within the Utility Operating Alternative Water Resources Development Impact Fee Potable Water System Development Impact Fee Debt service coverage ratio Cash balance Meet revenue requirements Groundwater Preservation Fee in Operating Fund 29 Water Rates Analysis Preferred Financial Scenario Groundwater Preservation Fee (GPF) revenue is now being retained and accounted for in the Utility’s Operating Fund Direct result from change in impact fee statute Previously transferred to the Alternative Water Resources Development Impact Fee Fund GPF revenue is accounted for separately in the water rates analysis Current policy dedicates GPF revenue to pay for renewable water capital and related debt – not O&M Opportunity for fixed debt service on reclaimed system repaid solely by GPF revenue. Town of Oro Valley 30 Water Rates Analysis Preferred Financial Scenario Proposed changes in water rates Decrease in potable & reclaimed GPF Increase in potable & reclaimed commodity rates Increase in potable & reclaimed construction water rates No change in monthly base rates Impact to customers Majority of customers will experience a slight decrease in their monthly water bills. Town of Oro Valley 31 Water Rates Analysis Preferred Financial Scenario Benefits of proposed change No increase in water bills for the majority of our customers - only high water use customers will be impacted No longer necessary to transfer GPF funds to the Alternative Water Resources Development Impact Fee Fund Better manages the fund balances within the Water Utility Operating Fund Town of Oro Valley 32 Water Rates Analysis Rate Comparison FY 2014-15 Town of Oro Valley 33 Water Rates Analysis Customer Impacts Town of Oro Valley 34 Water Rates Analysis Service Fees & Charges Proposed changes in service charges Increase in meter installation fees Cost recovery Increase in residential security deposits Applies only to landlord and tenant accounts Reduces risk of financial losses Town of Oro Valley 35 Town of Oro Valley Water Rates Analysis Review of Schedule 11-10-14 WUC Recommendation 12-03-14 Town Council – Notice of Intent 01-07-15 Public Hearing to adopt new rates 02-07-15 Rates are effective 03-18-15 Begin billing at new rates 36 Town of Oro Valley Water Rates Recommendation Water Utility Commission recommends approval of water rate increase Water Utility staff recommends approval of resolution 37 Town of Oro Valley Oro Valley Water Utility Questions & Answers 38 39