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Home My WebLink AboutPackets - Planning and Zoning Commission (204) AGENDA ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR SESSION May 2, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE For information on public comment procedures, please see the instructions for in person and/or virtual speakers at the end of the agenda. To watch and/or listen to the public meeting online, please visit https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas Executive Sessions – Upon a vote of the majority of the Planning and Zoning Commission, the Commission may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda. REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE CALL TO AUDIENCE - at this time, any member of the public is allowed to address the Commission on any issue not listed on today’s agenda. Pursuant to the Arizona open meeting law, individual Commission members may ask Town staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Commission may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. COUNCIL LIAISON COMMENTS REGULAR SESSION AGENDA 1.REVIEW AND APPROVAL OF THE MARCH 7, 2023 REGULAR SESSION MEETING MINUTES 2.REQUEST FOR PLANNING AND ZONING COMMISSION INITIATION OF A ZONING CODE AMENDMENT RELATED TO MOBILE FOOD UNIT AND FOOD TRUCK USES 3.REQUEST FOR PLANNING AND ZONING COMMISSION INITIATION OF A ZONING CODE AMENDMENT RELATED TO THE KEEPING OF SMALL FARM ANIMALS ON RESIDENTIALLY ZONED PROPERTIES PLANNING UPDATE (INFORMATIONAL ONLY) ADJOURNMENT POSTED: 4/25/2023 at 5:00 p.m. by dt POSTED: 4/25/2023 at 5:00 p.m. by dt When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Commission meeting in the Town Clerk's Office between the hours of 8:00 a.m. – 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Commission meeting at 229-4700. PUBLIC COMMENT ON AGENDA ITEMS The Town has modified its public comment procedures for its public bodies to allow for limited remote/virtual comment via Zoom. The public may provide comments remotely only on items posted as required Public Hearings, provided the speaker registers 24 hours prior to the meeting. For all other items, the public may complete a blue speaker card to be recognized in person by the Chair, according to all other rules and procedures. Written comments can also be emailed to Recording Secretary Jeanna Ancona at jancona@orovalleyaz.gov, for distribution to the Planning and Zoning Commission prior to the meeting. Further instructions to speakers are noted below. INSTRUCTIONS TO IN-PERSON SPEAKERS Members of the public shall be allowed to speak on posted public hearings and during Call to Audience when attending the meeting in person. The public may be allowed to speak on other posted items on the agenda at the discretion of the Chair. If you wish to address the Commission on any item(s) on this agenda, please complete a blue speaker card located on the Agenda table at the back of the room and give it to the Recording Secretary. Please indicate on the blue speaker card which item number and topic you wish to speak on, or, if you wish to speak during Call to Audience, please specify what you wish to discuss. Please step forward to the podium when the Chair calls on you to address the Commission. For the record, please state your name and whether or not you are a Town resident.1.Speak only on the issue currently being discussed by the Commission. You will only be allowed to address the Commission one time regarding the topic being discussed.2. Please limit your comments to 3 minutes.3.During Call to Audience, you may address the Commission on any matter that is not on the agenda.4.Any member of the public speaking, must speak in a courteous and respectful manner to those present. 5. INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is listed as a Public Hearing. If you wish to address the Commission virtually during any listed Public Hearing, please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email you a link to the Zoom meeting the day of the meeting. After being recognized by the Chair, staff will unmute your microphone access and you will have 3 minutes to address the Commission. Further instructions regarding remote participation will be included in the email. Thank you for your cooperation. Planning & Zoning Commission 1. Meeting Date:05/02/2023 Requested by: Bayer Vella, Community and Economic Development Case Number: N/A SUBJECT: REVIEW AND APPROVAL OF THE MARCH 7, 2023 REGULAR SESSION MEETING MINUTES RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: N/A. BACKGROUND OR DETAILED INFORMATION: N/A. FISCAL IMPACT: N/A. SUGGESTED MOTION: I MOVE to approve (approve with changes), the March 7, 2023 draft meeting minutes. Attachments PZC 3-7-23 Draft Minutes D R A F T MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR SESSION March 7, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER Chair Herrington called the meeting to order at 6:00 p.m. ROLL CALL Present: Anna Clark, Commissioner Joe Nichols, Commissioner Kimberly Outlaw Ryan, Commissioner Daniel Sturmon, Vice Chair Jacob Herrington, Chair Absent: Skeet Posey, Commissioner Staff Present:Michael Spaeth, Principal Planner Joe Andrews, Chief Civil Deputy Attorney David Laws, Permitting Manager Attendees: Council Member Joyce Jones-Ivey PLEDGE OF ALLEGIANCE Chair Herrington led the Commission and audience in the Pledge of Allegiance. CALL TO AUDIENCE Chair Herrington opened the Call to Audience. The following individuals spoke on the Oro Valley Church of the Nazarene rezoning: - Oro Valley resident Debbie Patrick - Oro Valley resident Tim Tarris - Oro Valley resident Doug Dalby - Oro Valley resident Tim Fagen Chair Herrington closed the Call to Audience. COUNCIL LIAISON COMMENTS COUNCIL LIAISON COMMENTS Council member Joyce Jones-Ivey provided updates on recent and upcoming Planning related items on Town Council agendas. REGULAR SESSION AGENDA 1.REVIEW AND APPROVAL OF THE FEBRUARY 7, 2023 REGULAR SESSION MEETING MINUTES Motion by Commissioner Joe Nichols, seconded by Commissioner Anna Clark to approve the February 7, 2023 meeting minutes. Vote: 5 - 0 Carried 2.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING THREE ITEMS RELATED TO A PROPOSED SELF AND RV STORAGE IN THE MERCADO DEL RIO COMMERCIAL CENTER, LOCATED NORTH OF PUSCH VIEW LANE, APPROXIMATELY 1/4-MILE WEST OF ORACLE ROAD. THE ITEMS INCLUDE: ITEM A: CONDITIONAL USE PERMIT FOR SELF-STORAGE ITEM B: DEVELOPMENT AND LANDSCAPE PLAN FOR SELF AND RV STORAGE ITEM C: ARCHITECTURE Principal Planner Michael Spaeth provided a presentation that included the following: - Purpose - Location Map - Background and history - Conditional Use Permit - Item A: Conditional Use Permit - Item B: Development/landscape plans - Item C: Architecture - Summary and recommendation Paul Oland with Paradigm Land Design representing the applicant, introduced Danny Hinojosa with Johnson Development Associates, Inc., who reviewed the company's background, operating facilities overview, including Class A climate controlled self-storage centers. Mr. Oland provided a presentation demonstrating the changes made after feedback from neighborhood meetings: the site plan has a new access point, the landscape buffer has been improved, the entire site plan has shifted everything east. He also stated they have worked with staff to refine taller decorative screen walls around the RV storage, the materials, additional walls to screen from the multi-use path and the loading zone, as well as additional parking spaces. Self-storage is in high demand in Oro Valley and generates very little traffic. This facility will have modern and effective security measures. Architect Dale Couture with Ware Malcomb, spoke on the architecture including the elevations and landscaping. Chair Herrington opened the public hearing. OV resident Paul Loomis spoke in opposition to Agenda Item #2. Chair Herrington closed the public hearing. Discussion ensued among the Commission, applicant and staff. Motion by Vice Chair Daniel Sturmon, seconded by Commissioner Kimberly Outlaw Ryan to recommend approval of the Conditional Use Permit for the proposed Self storage use, subject to the conditions for Item A in Attachment 1, adding the access hours be limited to 10:00 p.m., based on a finding the request complies with all applicable General Plan and Zoning Code requirements. Vote: 5 - 0 Carried Motion by Commissioner Anna Clark, seconded by Vice Chair Daniel Sturmon to recommend approval of the proposed Development and Landscape Plan for the proposed Self and RV storage use, subject to the condition for Item B in Attachment 1, based on a finding the request complies with the Mercado del Rio Master Development Plan and all applicable Zoning Code requirements. Vote: 5 - 0 Carried Motion by Commissioner Anna Clark, seconded by Vice Chair Daniel Sturmon to recommend approval of the proposed architecture, based on a finding the request complies with the Mercado del Rio Master Architecture Guidelines and all applicable Zoning Code requirements. Vote: 5 - 0 Carried 3.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED AMENDMENT TO A CONDITIONAL USE PERMIT FOR CALIBER COLLISION, LOCATED WITHIN THE MERCADO DEL COMMERCIAL CENTER NORTH OF PUSCH VIEW LANE, APPROXIMATELY 1/4-MILE WEST OF ORACLE ROAD Principal Planner Michael Spaeth provided a presentation that included the following: - Purpose - Location Map - Applicant's request - Background and history - Conditional Use Permit - Summary and Recommendation Brent Florey with Cross Architects, representing the applicant, provided a presentation that including the following: - Background on Caliber Collision - Arial view of the proposal - Various views from the surrounding areas Chair Herrington opened the public hearing. - Oro Valley resident Paul Loomis spoke in support (with conditions) of Agenda Item #3. Chair Herrington closed the public hearing. Discussion ensued among the Commission, applicant and staff. Motion by Commissioner Joe Nichols, seconded by Vice Chair Daniel Sturmon to recommend approval of the proposed Conditional Use Permit amendment, subject to the conditions in Attachment 1, based on a finding the request is in conformance with the General Plan and all applicable Zoning Code requirements. Vote: 5 - 0 Carried 4.DISCUSSION AND POSSIBLE ACTION ON THE COMMUNITY ENGAGEMENT STRATEGY FOR THE 2026 GENERAL PLAN Principal Planner Milini Simms provided a presentation that included the following: - Purpose of the community engagement strategy for the General Plan - Voter ratification - Beyond the vote - importance of community input - Community engagement plan - Plan is unique - created by a resident advisory group - Plan is unique - built on resident input - Guiding principles - Key stakeholders - Communication methods and tools - Strategy for community engagement - Next steps in the General Plan process - Summary and recommendation Discussion ensued among the commission and staff. Motion by Commissioner Anna Clark, seconded by Commissioner Joe Nichols to recommend approval of the Community Engagement Plan for the 2026 General Plan effort. Vote: 5 - 0 Carried PLANNING UPDATE (INFORMATIONAL ONLY) Principal Planner Michael Spaeth stated there will be neighborhood meetings scheduled over the next few months and currently, there are no agenda items for the April Commission meeting. ADJOURNMENT Motion by Commissioner Anna Clark, seconded by Vice Chair Daniel Sturmon to adjourn the meeting. Vote: 5 - 0 Carried Chair Herrington adjourned the meeting at 7:39 p.m. I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Planning and Zoning Commission of Oro Valley, Arizona held on the 7th day of March 2023. I further certify that the meeting was duly called and held and that a quorum was present. ___________________________ Jeanna Ancona Senior Office Specialist Planning & Zoning Commission 2. Meeting Date:05/02/2023 Requested by: Bayer Vella, Community and Economic Development Case Number: N/A SUBJECT: REQUEST FOR PLANNING AND ZONING COMMISSION INITIATION OF A ZONING CODE AMENDMENT RELATED TO MOBILE FOOD UNIT AND FOOD TRUCK USES RECOMMENDATION: Staff recommends initiation of this proposed zoning code review for potential amendments. EXECUTIVE SUMMARY: The Zoning Code establishes limits for the time a Mobile Food Unit or Food Truck may remain on private property while serving clientele. Per section 25.1.B.21.a, these limits are currently: Not to exceed four (4) hours as an invited service to employees or guests of a temporary private function. Not to exceed four (4) hours as an invited service to employees or customers of a single commercial establishment. Staff recently received a request from a prospective business operator (Attachment 1) to pursue a code amendment permitting longer hours of operation for Mobile Food Units and Food Trucks. The applicant seeks to develop a Food Truck Park, with multiple food trucks in a single location centered around a park and non-mobile food unit/food truck restaurant. This request highlighted the need to reconsider aspects of the Mobile Food Unit and Food Truck section of the Zoning Code, including developing standards for Food Truck Parks, where multiple Mobile Food Unit or Food Truck operators may operate simultaneous on a very frequent basis. Due to the wider nature of the need for the review, staff is requesting the initiation of the code amendment. The Zoning Code establishes that code amendment requests may be submitted by staff for initiation by the Planning and Zoning Commission. If the Commission decides to initiate the request, staff will research and develop the proposed amendment, which will be presented to the Commission for recommendation and to Town Council for review. BACKGROUND OR DETAILED INFORMATION: The Zoning Code establishes limits to the amount of time a Mobile Food Unit or Food Truck can serve employees, customers, and guests at a private function or commercial establishment. Not considered within the current Zoning Code are Food Truck Parks, where multiple Mobile Food Units and/or Food Trucks operate simultaneously around shared infrastructure designed to accommodate the uses on a more permanent basis (electrical and water hookups, seating and dining areas, restrooms, etcetera). Currently, those Mobile Food Unit or Food Truck operators wishing to operate for more than four hours at a time must cease operation and relocate before being allowed to continue operations. Staff believe that for certain uses, such as a "Food Truck Park", longer time limits may allow Mobile Food Units and Food Trucks to serve multiple mealtimes without negatively impacting the community. These times are expected to be paired with development standards and definitions for "Food Truck Parks", to ensure concerns arising from longer-duration Mobile Food Unit and Food Truck use operations are addressed. APPLICANT REQUEST Staff received a request (Attachment 1) to pursue a Zoning Code amendment regarding Mobile Food Units and Food Trucks. The applicant seeks to open a restaurant and separate bar, with space for eight to ten food trucks centered around a park with a mix of amenities. Staff identified the four-hour limit to operations as a challenge to this proposed project, and identified the need for specific-use standards for a "Food Truck Park" use as described. Staff supports the proposed request to reconsider aspects of the Zoning Code as we recognize potential areas for revision. Time limits and Food Truck Park/Court design standards should be comprehensively reviewed to determine what/if adjustments are appropriate. The Zoning Code establishes that code amendment requests may be submitted by staff for initiation by the Planning and Zoning Commission. If the Commission decides to initiate the request, staff will conduct intensive research and develop potential amendments as appropriate, which will be presented to the Commission for recommendation, and to the Town Council for review. RECOMMENDATION Staff recommends Planning and Zoning Commission initiation of a Zoning Code amendment to Section 25.1.B.21 (Mobile Food Units or Food Trucks) to review and potentially update the standards. FISCAL IMPACT: N/A SUGGESTED MOTION: The Planning and Zoning Commission may wish to consider the following motion: I MOVE to initiate a Zoning Code amendment to Section 25.1.B.21 to review and potentially update the standards for Mobile Food Units and Food Trucks. Attachments Attachment 1 - Applicant Letter Re: RubyCinco Food truck permitting consideration Dear Planning and Zoning, Our food park, RubyCinco, is a welcoming and safe outdoor space for eating and entertainment, featuring live local music. We will build and operate our own permanent window-service restaurant with plant-based artisan food, and a separate bar for beer and wine service. We will also rent space to 8-10 local, gourmet food trucks. In the center of this family space is a large, natural play area for children of all ages. The business will be open from 7am until 10pm Sunday through Thursday, and 7am to 11pm Friday and Saturday. Food trucks will be contracted to be open for two or three meals daily and will be onsite for a majority, or all of the day. Although the food trucks can leave the site, we will expect and encourage owners to leave the trucks onsite for the duration of their contract. All trucks will be within the fenced perimeter of the property. When trucks are moved, a spotter will be required to assist, and for safety, will only be allowed to leave/enter property during off business hours. We are hoping you can look into the food truck hours, so that our community gathering space can thrive in Oro Valley. Thank you for your consideration. Planning & Zoning Commission 3. Meeting Date:05/02/2023 Requested by: Bayer Vella, Community and Economic Development Case Number: 1 SUBJECT: REQUEST FOR PLANNING AND ZONING COMMISSION INITIATION OF A ZONING CODE AMENDMENT RELATED TO THE KEEPING OF SMALL FARM ANIMALS ON RESIDENTIALLY ZONED PROPERTIES RECOMMENDATION: Staff recommends initiation of this proposed review for a potential Zoning Code Amendment EXECUTIVE SUMMARY: Staff received a request (Attachment 1) to pursue a Zoning Code Amendment regarding the keeping of small farm animals in residential zoning districts. Currently, the Zoning Code only allows the keeping and raising of farm animals as part of Commercial Stables, Farms or Ranches. The request is to establish standards to enable residents to keep small farm animals (e.g. chickens, ducks, goats, etc.) on residentially zoned properties. The Zoning Code establishes that code amendment requests may be submitted by staff, property owners, or Town residents in writing to the Planning and Zoning Commission. If the Commission decides to initiate the request, staff will conduct extensive research and develop a potential amendment as appropriate, which will be presented to the Commission for recommendation and to Town Council for consideration. BACKGROUND OR DETAILED INFORMATION: Currently, the Zoning Code only allows the keeping and raising of farm animals as part of Commercial Stables, Farms or Ranches, which require minimum lot sizes ranging from 3.3 acres to 10 acres. There are only two zoning districts, R1-300 and R1-144, which meet these size requirements. While there are a small percentage of properties that retained the right to keep livestock as part of a translational zoning following annexation, most residentially zoned properties in Town do not permit the keeping of any farm animals. The request is to enable the keeping of small farm animals on residentially zoned properties. Staff is supportive of the initiation request to conduct research on whether the keeping of small farm animals on residentially zoned property could be allowed with the appropriate development standards and limitations to minimize impacts. It is worth noting that most Homeowners Associations in Town have restrictions in place on the keeping of animals, so any potential allowance for the keeping of small farm animals would mostly apply to larger lot developments or where there are no Homeowners Associations. Lastly, the City of Tucson recently updated similar standards to enable limited small animal husbandry with appropriate mitigation to limit impacts. Staff recommends Planning and Zoning Commission initiation of the request to review the potential for a Zoning Code Amendment related to the keeping of small farm animals. FISCAL IMPACT: FISCAL IMPACT: N/A. SUGGESTED MOTION: The Planning and Zoning Commission may wish to consider one of the following motions: I move to INITIATE staff review and future consideration of a potential Zoning Code Amendment regarding the keeping of small farm animals. OR I move to NOT INITIATE staff review and future consideration of a potential Zoning Code Amendment regarding the keeping of small farm animals. Attachments ATTACHMENT 1 - CONSTITUENT REQUEST