HomeMy WebLinkAboutPackets - Planning and Zoning Commission (218)
AGENDA
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION
October 3, 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 SEPTEMBER 5, 2023 REGULAR SESSION MEETING MINUTES
2.STUDY SESSION: DISCUSSION REGARDING A PROPOSED ZONING CODE AMENDMENT TO TABLE
23-1, PERMITTED USES; SECTION 25.1, REQUIREMENTS FOR SPECIFIC USES; SECTION 27.7,
OFF-STREET PARKING; AND CHAPTER 31, DEFINITIONS, TO CREATE MOBILE FOOD UNIT
COURTS AS A CONDITIONAL USE WITHIN C-N, C-1, AND C-2 COMMERCIAL ZONES
3.STUDY SESSION: PRESENTATION AND DISCUSSION REGARDING A POTENTIAL TOWN CODE
AMENDMENT TO ALLOW THE KEEPING OF ANIMALS FOR FOOD PRODUCTION AND ANIMAL
HUSBANDRY PURPOSES ON RESIDENTIALLY ZONED PROPERTIES GREATER THAN 20,000
SQUARE FEET
PLANNING UPDATE (INFORMATIONAL ONLY)
ADJOURNMENT
POSTED: 9/26/23 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:10/03/2023
Requested by: Bayer Vella, Community and Economic Development
Case Number: N/A
SUBJECT:
REVIEW AND APPROVAL OF THE SEPTEMBER 5, 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 September 5, 2023 meeting minutes.
Attachments
9-5-23 Draft Minutes
D R A F T
MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION
September 5, 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
Philip Zielinkski, Commissioner
Daniel Sturmon, Vice Chair
Jacob Herrington, Chair
Absent: Skeet Posey, Commissioner
Staff Present:Michael Spaeth, Principal Planner
Joe Andrews, Chief Civil Deputy Attorney
Attendees: Joyce Jones-Ivey, Town Council Liaison
PLEDGE OF ALLEGIANCE
Chair Herrington led the Commission and audience in the Pledge of Allegiance.
CALL TO AUDIENCE
There were no speaker requests.
COUNCIL LIAISON COMMENTS
Council member Joyce Jones-Ivey provided updates on Town projects, the Van Gogh exhibit and Planning
items on the upcoming Town Council agenda.
REGULAR SESSION AGENDA
1.REVIEW AND APPROVAL OF THE AUGUST 8, 2023 SPECIAL SESSION MEETING MINUTES
Motion by Commissioner Joe Nichols, seconded by Commissioner Anna Clark to approve the August
8, 2023 meeting minutes.
Vote: 6 - 0 Carried
2.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED
TRANSLATIONAL REZONING OF AN APPROXIMATELY 36-ACRE PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF LA CANADA DRIVE AND MOORE ROAD FROM PIMA COUNTY
SUBURBAN RANCH (SR) TO TOWN OF ORO VALLEY R1-144 (LARGE-LOT RESIDENTIAL)
Principal Planner Michael Spaeth provided a presentation that included the following:
- Purpose
- Location map
- Translational rezoning
- Next steps
- Summary and recommendation
Chair Herrington opened the public hearing.
There were no speaker requests.
Chair Herrington closed the public hearing.
Discussion ensued among the Commission and staff.
Motion by Commissioner Anna Clark, seconded by Vice Chair Daniel Sturmon to recommend approval
of the proposed translational zoning finding it conforms with state requirements.
Vote: 6 - 0 Carried
3.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON PROPOSED ZONING CODE
AMENDMENTS TO CHAPTER 23, ZONING DISTRICTS, CHAPTER 26, PROVISIONS OF
RECREATIONAL AREA, CHAPTER 31, DEFINITIONS, AND OTHER RELATED SECTIONS FOR
NEW RESIDENTIAL SUBDIVISIONS, MULTI-FAMILY, AND MIXED-USE DEVELOPMENTS
Principal Planner Milini Simms provided a presentation that included the following:
- Guidance
- Research
- Additional public input
- Guidance and objectives
- 1. Consolidate private rec areas
- 2. Increase or establish the size of recreation areas
- 3. Prioritize high-value private recreation areas
- 4. Ensure high-quality amenities
- General Plan compliance
- Summary and recommendation
Chair Herrington opened the public hearing.
Jennifer Barroso, representing the Southern Arizona Home Builders Association (SAHBA), spoke on
Agenda Item #3.
Chair Herrington closed the public hearing.
Discussion ensued along the Commission and staff.
Motion by Commissioner Kimberly Outlaw Ryan, seconded by Commissioner Anna Clark to
recommend approval of the proposed code amendments to Chapter 23, Chapter 26, Chapter 31, and
other related sections of the zoning code, with the additional condition to revise language to ensure the
main playground structure is 100% fully shaded, but allow standalone structures that are secondary in
size and location such as a swing set to be unshaded, based on the finding they are in conformance with
the General Plan.
Vote: 6 - 0 Carried
PLANNING UPDATE (INFORMATIONAL ONLY)
Principal Planner Michael Spaeth provided updates on the next Planning and Zoning Commission meeting and
the upcoming Community Academy.
ADJOURNMENT
Chair Herrington adjourned the meeting at 7:06 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 5th day of September
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:10/03/2023
Requested by: Bayer Vella, Community and Economic Development
Case Number: XXXXXXX
SUBJECT:
STUDY SESSION: DISCUSSION REGARDING A PROPOSED ZONING CODE AMENDMENT TO TABLE 23-1,
PERMITTED USES; SECTION 25.1, REQUIREMENTS FOR SPECIFIC USES; SECTION 27.7, OFF-STREET
PARKING; AND CHAPTER 31, DEFINITIONS, TO CREATE MOBILE FOOD UNIT COURTS AS A CONDITIONAL
USE WITHIN C-N, C-1, AND C-2 COMMERCIAL ZONES
RECOMMENDATION:
This item is for discussion only at this time.
EXECUTIVE SUMMARY:
The purpose of this item is to discuss a possible zoning code amendment (Attachment 1) to create Mobile Food
Unit Courts as a use requiring a Conditional Use Permit within the Town's primary commercial zones (C-N, C-1,
C-2). This item was initiated by the Planning and Zoning Commission at their May 2, 2023 Regular Session. It is in
response to a pre-application for such a use, and a lack of standards within the Oro Valley Zoning Code Revised to
adequately address the proposal.
Staff has reviewed zoning codes from over a dozen municipalities across the region, state, and nation, as well as
researched best practices to develop the proposed code amendment, which has the following key requirements
proposed:
"Mobile Food Unit Courts" are subject to a Conditional Use Permit, which may only be granted in C-N, C-1,
and C-2 commercial properties after review against the Zoning Code (including CUP criteria),
recommendation by the Planning and Zoning Commission, and Town Council approval
New specialized standards to ensure quality and safety of Mobile Food Unit Courts
The primary components staff requests input on are:
Definition of Mobile Food Unit Courts
Mobile Food Unit Courts as a Conditional Use, within C-N, C-1, and C-2 commercial zones
Standards for Mobile Food Unit Courts and Units operating within them
This item is for discussion only.
BACKGROUND OR DETAILED INFORMATION:
BACKGROUND
In March 2023, Town staff received a pre-application request for a proposed Food Truck Court, with a site design
including (among other elements) a restaurant and bar, a centralized park with open seating, and parking for ten
Mobile Food Units, more commonly known as food trucks. This use is not addressed in the current Zoning Code.
Mobile food units are often temporary and transient in nature; in the current Zoning Code, a single food trucks is
limited to operating for four hours or less at any single location unless part of a special use or special event permit.
However, a permanent use designed with the continual presence of food trucks is not currently permitted as this is a
relatively new use to the market. After receiving a request from the pre-applicant to consider a code amendment,
the Planning and Zoning Commission initiated a staff review of the zoning code to consider possible amendments.
DISCUSSION AND ANALYSIS
A. PROPOSED ZONING AMENDMENT
To address this proposed "Food Truck Court" as a new use and ensure adequate standards are applied to such
projects within the Town, staff performed the following:
Identified thirteen jurisdictions from the region, state, and nation with similar codes, as well as best practices
for food truck parks based on standards from the American Planning Association.
1.
Drafted a preliminary Mobile Food Unit Court code.2.
Collaborated with internal departments as well as external groups like the Golder Ranch Fire District to
address questions and concerns regarding the code, and revised the draft code accordingly.
3.
Reached out to both the original pre-applicants as well as local food truck organizations to seek feedback.4.
Through this process, which has run March to September, staff developed a draft code amendment (Attachment
1). The following is proposed:
Table 23-1, Permitted Uses, would be modified to add "Mobile Food Unit Court" as a conditional use.
A Conditional Use Permit is required within C-N, C-1, and C-2 zoning.
Section 25.1, Requirements for Specific Uses, would be modified to include development standards specific
to "Mobile Food Unit Courts". Key requirements include:
An on-site manager during business hours
A commissary building where the following may be provided and/or performed:
A service area for mobile food units, where food, containers, or supplies are stored
Food is prepared or prepackaged for sale
Utensils are cleaned and sanitized
Liquid wastes are disposed and potable water is obtained
A centralized common area with restrooms, shaded seating, and trash receptacles
Improved parking stalls for mobile food units with adjacent trash receptacles and access to potable
water and electrical service
No generators are allowed to operate within Mobile Food Unit Courts
Section 27.7, Off-street Parking, would add a parking ratio for Mobile Food Unit Courts, requiring ten spaces
per 1,000 sq. ft. of Mobile Food Unit parking pad
Chapter 31, Definitions, would add a definition for "Commissaries", described above, and "Mobile Food Unit
Courts"
Through this process and the proposed changes, the Town would create:
A new, Conditional Use for C-N, C-1, and C-2 zoning for a new market use where there is currently no
permitted use or standards.
Standards to ensure high quality design and minimize potential impacts
Amendments that are based on best practices from other jurisdictions and the American Planning Association
B. GENERAL PLAN COMPLIANCE
The proposed code amendment is being reviewed for conformance with all 102 General Plan Goals and Policies.
However, several policies stand out as particularly relevant:
Policy E.1 - Develop a diversified and robust economic base to support long-term economic stability.
Adding a new commercial use type, especially one that is typically composed of multiple operators
itself, will expand and diversify the Town's economic base.
Policy CC.6 - Promote the creation of unique community gathering places that are inviting, walkable,
attractive and vibrant and offer commercial, entertainment or cultural activity
Mobile Food Unit Courts have the potential to be valuable community gathering places, even mores
when standards are in place to ensure they are well-designed.
Policy LU.5 - Provide diverse land uses that meet the Town's overall needs and effectively transition
in scale and density adjacent to neighborhoods
The proposed code amendment expands the Town's land uses while ensuring standards and
processes are in place to ensure compatibility.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
This item is for discussion only.
The primary components staff requests input on during this study session are:
Definition of Mobile Food Unit Courts
Mobile Food Unit Courts as a Conditional Use, within C-N, C-1, and C-2 commercial zones
Standards for Mobile Food Unit Courts and Units operating within them
Attachments
Attachment 1 - Proposed Code Amendment
Amendments to Chapter 23, Chapter 25, Chapter 27 and Chapter 31 of the Zoning Code. Deletions
shown with strikethrough and ADDITIONS shown in all CAPS. Page 1 of 5
Section 25.1 Requirements for Specific Uses
B. Requirements for Specific Nonresidential Uses
21. Mobile Food Units or Food Trucks
A. STANDARDS FOR INDIVIDUAL UNITS OUTSIDE OF A MOBILE FOOD UNIT COURT:
I. a. Mobile food units may be UNITS ARE permitted as a service to specific clientele on private
property as follows SUBJECT TO THE FOLLOWING:
A) i. As an invited service to employees or guests of a temporary private function, not
to exceed four (4) hours.
B) ii. As an invited service to employees or customers of a single commercial
establishment, for a period not to exceed four (4) hours.
II. b. Mobile food units UNITS may be permitted as a service to the general public as a unit
participating in AT an organized event through a special use permit or special event permit.
III. c. Location Requirements
A) i. Mobile food units may not operate at a pPublic transit facility including bus stops
and public “park and ride” areas MAY NOT BE UTILIZED.
B) ii. Mobile food units must be located outside of any required PROPERTY setbacks
MUST BE MAINTAINED.
C) iii. Mobile food units PARKING AND SERVICE AREAS mMust not present a traffic
safety hazard as determined by the Town Engineer.
IV. d. All external lighting must be affixed to the exterior of the mobile food unit. All lighting is
subject to the requirements of Section 27.5.C, Prohibitions, but shall otherwise be exempt from
the requirements of Section 27.5, Outdoor Lighting.
V. e. No drive-thru components are permitted.
VI. f. Signage must be affixed to the exterior of the mobile food unit. All signage is subject to the
requirements of Section 28.10 28.9, Prohibited Signs, but shall otherwise be exempt from the
requirements of Chapter 28, signs.
B. MOBILE FOOD UNIT COURTS
I. STANDARDS FOR MOBILE FOOD UNIT COURTS
A) A DESIGNATED MANAGER RESPONSIBLE FOR PROPERTY CLEANLINESS AND
MAINTENANCE MUST BE ON-SITE DURING WORKING HOURS.
Amendments to Chapter 23, Chapter 25, Chapter 27 and Chapter 31 of the Zoning Code. Deletions
shown with strikethrough and ADDITIONS shown in all CAPS. Page 2 of 5
B) A COMMISSARY MUST BE PROVIDED ON-SITE, AND SHALL NOT PROVIDE MOBILE
FOOD UNIT MAINTENANCE.
C) GREASE COLLECTION AND DISPOSAL MUST BE PROVIDED ON-SITE.
D) THE FOLLOWING MUST BE PROVIDED WITHIN A CENTRALIZED COMMON AREA THAT
IS ACCESSIBLE TO ALL CUSTOMERS AND VENDORS:
1) PERMANENT RESTROOMS
2) ADEQUATE SEATING TO ACCOMMODATE PATRONS
3) ALL SEATING AND ACTIVITY AREAS MUST BE SHADED WITH NATURAL
VEGETATION, BUILT STRUCTURES, OR A COMBINATION THEREOF
4) TRASH RECEPTACLES
E) UNSHIELDED STRING LIGHTS ARE PROHIBITED WITHIN A MOBILE FOOD UNIT COURT
F) SIGNAGE ON INDIVIDUAL MOBILE FOOD UNITS SHALL BE EXCLUDED FROM ANY
SECTION 28.4.B SIGNAGE CALCULATIONS FOR THE MOBILE FOOD UNIT COURT.
II. STANDARDS FOR INDIVIDUAL UNITS WITHIN A MOBILE FOOD UNIT COURT:
A) EACH UNIT MUST BE PARKED UPON A DEDICATED PARKING PAD CONSISTING OF AN
IMPROVED SURFACE, SUCH AS ASPHALT OR CONCRETE.
1) MOBILE FOOD UNITS PARKED UPON A DEDICATED PAD MAY REMAIN IN
PLACE OUTSIDE THE COURT’S HOURS OF OPERATION, FOR THE DURATION
OF THEIR TENURE AT THE MOBILE FOOD UNIT COURT.
2) MOBILE FOOD UNIT PADS MUST BE LOCATED IN COMPLIANCE WITH ALL
BUILDING RELATED DEVELOPMENT STANDARDS SUCH AS SETBACKS.
3) EACH PAD MUST HAVE DEDICATED POTABLE WATER AND ELECTRICAL
SERVICE.
B) USE OF GENERATORS IS PROHIBITED WITHIN MOBILE FOOD UNIT COURTS.
C) A MINIMUM FIFTEEN (15) GALLON TRASH RECEPTACLE SHALL BE LOCATED WITHIN
FIFTEEN (15) FEET OF EACH UNIT, ACCESSIBLE TO CUSTOMERS AND EMPLOYEES.
D) THE SIGNAGE STANDARDS OF SUBSECTION 25.B.21.A.VI SHALL APPLY.
E) THE LIGHTING STANDARDS OF SUBSECTION 25.B.21.A.IV SHALL APPLY.
Amendments to Chapter 23, Chapter 25, Chapter 27 and Chapter 31 of the Zoning Code. Deletions
shown with strikethrough and ADDITIONS shown in all CAPS. Page 3 of 5
Use CategorySpecific Use TypeR1-300R1-144R1-72R1-36R1-20R1-10R1-7SDH6R-4R-4RR-SR-6C-NC-1C-2PST-PPOSNotesAccessory UsesAccessory Buildings and UsesPPPPPPPPPPPPPPPPPP23.625.2.ACommercial StablesCCC25.1.B.4Farms and RanchesCPCCCCC25.1.B.10Marketing of Products Raised on the PremisesP25.1.B.18Plant NurseryCCPBarsPPPA25.1.B.3DistilleryPEntertainment at Bars or RestaurantsCC25.1.B.9MicrobreweryAPP25.1.B.20Mobile Food Units, Including Food TrucksPPPPPPPPPPPPPPPPPP25.1.B.21MOBILE FOOD UNIT COURTCCC25.1.B.21RestaurantAPPPA23.8.FRestaurant With Drive-in/Drive-thruCCC25.1.B.625.1.B.25…Agricultural UsesAccessory UsesCommercial UsesFood and BeverageAgricultureDeletions shown with strikethrough and ADDITIONS shown in red in all CAPS.OtherCommercialMulti-FamilySingle-FamilyTable 23-1. Permitted Uses
Amendments to Chapter 23, Chapter 25, Chapter 27 and Chapter 31 of the Zoning Code. Deletions
shown with strikethrough and ADDITIONS shown in all CAPS. Page 4 of 5
Section 27.7 Off-Street Parking
B. Parking Lots – Required Number of Spaces for Type of Use
2. Nonresidential Parking Requirements: The table below sets forth the number of required parking spaces for
nonresidential uses within the Town.
Deletions shown with strikethrough and ADDITIONS shown in red
in all CAPS.
Table 27-14. Required Parking Spaces
Permitted Use
Parking Spaces/Square
Feet (Unless Otherwise
Noted)
Accessory Buildings and Uses Not Applicable
Commercial Stables 0.75/employee and
0.75/horse stall
Farms and Ranches 1 per 2 employees
Marketing of Products Raised on
the Premises 4/1,000
Plant Nursery 4/1,000
Bars 20/1,000
Distillery 0.75/employee and
20/1,000 for bar
Entertainment at Bars or
Restaurants Not Applicable
Microbrewery 10/1,000
Mobile Food Units, Including Food
Trucks Not Applicable
MOBILE FOOD UNIT COURT 10/1,000 OF MOBILE FOOD
UNIT PAD
Restaurant 10/1,000
Restaurant With Drive-in/Drive-
thru See Table 27-15
Amendments to Chapter 23, Chapter 25, Chapter 27 and Chapter 31 of the Zoning Code. Deletions
shown with strikethrough and ADDITIONS shown in all CAPS. Page 5 of 5
Chapter 31 Definitions
For the purpose of this code, certain terms and words are hereby defined. Words used in the present
tense shall include the future; the singular number shall include the plural and the plural shall include
the singular; the word “building” shall include the word “structure,” the word “lot” shall include the
word “plot”; the word “may” is permissive and the word “shall” is mandatory, further, the word “or”
shall mean “either” and the word “and” shall mean “in conjunction with.” “Zone” shall mean “district.”
…
COMMISSARY
A SERVICE AREA FOR MOBILE FOOD UNITS, WHERE FOOD, CONTAINERS, OR SUPPLIES ARE STORED;
FOOD IS PREPARED OR PREPACKAGED; UTENSILS ARE CLEANED AND SANITIZED; OR LIQUID WASTES ARE
DISPOSED AND POTABLE WATER IS OBTAINED.
…
MOBILE FOOD UNIT COURT
A SITE SPECIFICALLY DESIGNED TO ACCOMMODATE MULTIPLE MOBILE FOOD UNITS SERVING
CUSTOMERS AS THE PRINCIPAL USE OF THE LAND.
Planning & Zoning Commission 3.
Meeting Date:10/03/2023
Requested by: Bayer Vella, Community and Economic Development
Case Number: 2301321
SUBJECT:
STUDY SESSION: PRESENTATION AND DISCUSSION REGARDING A POTENTIAL TOWN CODE
AMENDMENT TO ALLOW THE KEEPING OF ANIMALS FOR FOOD PRODUCTION AND ANIMAL HUSBANDRY
PURPOSES ON RESIDENTIALLY ZONED PROPERTIES GREATER THAN 20,000 SQUARE FEET
RECOMMENDATION:
This item is for information and discussion purposes only. The proposed zoning code amendment will be
considered for recommendation by the Planning and Zoning Commission during a public hearing at the December
5, 2023, meeting.
EXECUTIVE SUMMARY:
The purpose of this item is to provide background information and gather feedback for a proposed zoning code
amendment to potentially allow the keeping of small animals on properties with 20,000 square feet or more in
single-family residential (SFR) zoning districts R1-20 through R1-300 for food production and animal husbandry
purposes. Small animals are defined as agricultural animals such as bees, chickens, ducks, rabbits, miniature
goats, potbellied pigs, and turkeys. Roosters, male fowl, and hogs are not included as part of this definition. Large
animals are defined as livestock, such as horses, cows, sheep, goats, and other similar sized animals, which are
already addressed in the Zoning Code.
This code amendment stems from a constituent’s request made to the Planning and Zoning Commission on May
02, 2023. Staff has historically received inquiries from residents related to allowances for keeping small animals on
small to medium-sized residential properties in Oro Valley. This is enabled by all other jurisdictions in Southern
Arizona; however, Oro Valley’s code is relatively prohibitive and has not been updated in over 20 years.
The current code allows "Farming and Ranching" as a permitted use in R1-144 and as a conditional use for districts
R1-7, R1-20, R1-36, R1-43, R1-72, and R1-300. Section 25.1.B.10 outlines the requirements for farm and ranch
uses, which states a minimum lot size for livestock and associated limits for a property. Limits are only established
via customization with the conditional use permit (CUP) process for poultry, rabbits, and similar small animals.
Aside from farm and ranch uses, the code only limits the number of dogs and cats on a property by definition of a
kennel in Chapter 31.
The proposed code amendment primarily focuses on new allowances and limits for small animals. Staff gathered
information from professional resources, code review of similar jurisdictions, and conducted interviews with
municipality counterparts for best practices. Research and assessment efforts identified areas of the current code
in need of clarification and cohesiveness with existing standards. This proposed code amendment aims to achieve
three main objectives:
Compatibility - Create allowances for small animal husbandry that are compatible with the neighborhood
characteristics and size of the property.
Space Needs – Ensure the maximum number of animals permitted does not exceed the amount of area
needed to keep animals.
Simplicity - Streamline code language so that it is easier for the public to understand and consistently
enforce by staff.
This project entails introducing new standards and refines the Town’s current standards related to:
Defining the types of small and large animals permitted by the Zoning Code and establishing restrictions on
the number of small animals allowed.
1.
Identifying appropriate SFR zoning districts and property size. 2.
Establishing standards for on-site management practices.3.
Identifying additional stipulations for animal types, when applicable. 4.
This item is being presented for discussion only. The information presented in this staff report aims to provide
baseline information regarding existing code standards, and best practices from other jurisdictions etc. Staff is
seeking feedback from the Planning and Zoning Commission on the proposed code amendment, specifically the
items listed above. The code will be drafted based on study session feedback and research. A fully drafted code
amendment will be presented to the Commission on December 5, 2023, at a public hearing.
BACKGROUND OR DETAILED INFORMATION:
Background Information:
This code amendment comes from a constituent request to the Planning and Zoning Commission during the May 2,
2023, meeting. The Planning & Zoning Commission formally voted to initiate this project to draft a code amendment
to potentially allow small agricultural related animals on residential lots.
The code amendment is a response to evolving community needs and requests for keeping animals. Staff has
received general inquiries from residents regarding allowances for keeping small animals on residential properties.
While the number of inquiries is anecdotal and not a representative gauge, it does, however, underpin a reoccurring
thread for a community need.
The zoning code currently permits farming and ranching for SFR zoning district R1-144 and as a conditional use for
districts R1-7, R1-20, R1-36, R1-43, R1-72, and R1-300, and as shown in Figure 1. The current minimum size to
keep farm related animals is 144,000 square feet. There are multiple exceptions to this requirement as multiple Oro
Valley properties retained Pima County allowances upon annexation via site specific translational zoning.
Figure 1: Zoning Districts Permitted to Keep Small Animals and Livestock
The proposed changes to the SRF zoning districts R1-20 through R1-300 will permit keeping of small animals as
an accessory use for properties with 20,000 square feet or greater. The amendment will not change current
allowances to keep livestock in R1-144 and R1-300. Please note, refinements are proposed for defining livestock.
allowances to keep livestock in R1-144 and R1-300. Please note, refinements are proposed for defining livestock.
Key Changes:
Staff proposes changes to the Town’s current standards to allow keeping of small and large animals as an
accessory use for food productions and animal husbandry purposes on properties with 20,000 square feet or more
in single-family residential zoning districts R1-20 through R1-300. Key elements of the proposal are listed below and
central to the study session discussion.
Issue 1: Defining animal types and quantity limitations.
Existing Code: The current code allows Farming and Ranching as a permitted or conditional use under the
agriculture category.
The zoning code currently permits keeping of animals in R1-144 as a permitted use for farming and ranching
purposes.
Farms and ranches are enabled as a conditional use in R1-7, R1-20, R1-36, R1-43, R1-72, and R1-300 with
a minimum property size of one hundred forty-four thousand (144,000) contiguous square feet.
Section 25.1.B.10 allows the raising of horse and livestock other than swine with the limit of one head of
livestock per thirty thousand (30,0000) contiguous square feet of lot area.
The zoning code also permits the raising of poultry, rabbits, and similar small animals on lots with more than
one hundred forty-four thousand (144,000) contiguous square feet with no animal limits. Limits may be set via
a CUP process.
In addition to Section 25.1.B.10, Chapter 31 of the Zoning Code defines six or more dogs and cats bred,
boarded, or trained on a property as a kennel.
Livestock and small animals are not defined in Chapter 31. Town Code includes definitions for “animal and
“livestock” that are disconnected with Zoning Code standards.
Research Findings: Permitted animal types and limits varied by jurisdiction. Staff identified ten jurisdictions most
compatible with Oro Valley to identify animal types and limits, as shown in Attachment 1 Jurisdiction Research
Matrix. The following animal types were consistently listed:
Bees – 90%
Chickens – 100%
Ducks – 90%
Goats (miniature and full size) - 70%
Sheep – 50%
Rabbit – 50%
Staff utilized these findings to develop the list of permitted animal types. Additionally, staff looked to establish a list
that simplified the existing code and established a distinction between small and large animals. Animal types know
to be a nuisance, such as roosters, male fowl, and hogs were also reviewed for compatibility with Oro Valley
neighborhood and characteristics. The proposed list of permitted animals is shown in Figure 2.
Oro Valley is the only jurisdiction in Southern Arizona that does not allow small farm related animals on properties
less than three acres. The following common requirements are found in adjacent jurisdictions (see Attachment 1 -
Jurisdiction Research Matrix ):
Property size range
Animal type
Animal quantities
Setback standards
Animal limit best practices for the ten jurisdictions were studied. Staff found 80% utilized a limit based on the size of
the lot, 30% had a flat capped amount, and 13% used a point/unit system. Attachment 2 - Animal Limits Research
Findings provides a snapshot summary of the different limit calculations and findings. Staff utilized existing limits
per Town Zoning code, findings from other jurisdictions, and animal care requirements to develop an animal limit.
Proposed Code: The animal types and limits proposed for Oro Valley fall within the conservative end of the
spectrum compared to neighboring jurisdictions. The animal limit calculations for Oro Valley took into consideration
the Town’s unique characteristics compared to other jurisdictions, such as proximity to open space, variation in lot
sizes, and premium to achieve compatibility with neighbors. The proposed limitations are shown in Figure 2.
Figure 2: Proposed
animal limits and types.
Issue 2: Identifying appropriate SRF zoning districts and property size.
Existing Code: Current standards for keeping livestock and poultry are found in Section 25.1.B.10 as it pertains to
Farming and Ranch uses for properties with a minimum of one-hundred forty-four thousand (144,000) square feet
for keeping livestock, poultry, rabbits, and other small agricultural animals.
Farming and ranching are permitted uses in R1-144 and a conditional use for districts R1-7, R1-20, R1-36, R1-43,
R1-72, and R1-300. Section 25.1.B.10 also outlines limits for number of livestock at a rate of one (1) livestock per
30,000 square feet. Limits for poultry, rabbits, and similar small animals are only established via customization with
the conditional use permit (CUP) process.
Research Findings: Space needs for the animals is a common component found in codes from other jurisdictions.
The minimum lot size varied among the jurisdictions with some Southern Arizona cities requiring a minimum as
small as 1,000 square feet (Marana and Tucson) and up to 8,000 square feet (Sahuarita).
Proposed Code: From the research findings, Staff recommends a conservative approach and setting the minimum
lot size as 20,000 square feet or more. This recommendation is compatible with Oro Valley standards and
neighborhood characteristics. Additionally, staff anticipates properties with less than 20,000 square feet would have
a greater potential for nuisance given the smaller lot size. Furthermore, lots with less than 20,000 square feet are
typically located within subdivisions with corresponding Homeowner Associations (HOAs). HOAs establish a set of
guiding rules and regulations that govern properties within the communities. These rules are established in addition
to zoning regulations and are often more restrictive than zoning standards. While staff did not review rules and
regulations for all HOAs, it’s common for communities to restrict properties from keeping poultry and livestock.
Staff recognizes there are lots greater than 20,000 square feet which are located within HOAs. The proposed zoning
code will apply to properties located within HOAs; however, due to private CCNR's - the Zoning Code may be
essentially preempted and restrict residents from keeping animals on a property. Given the regulatory layers of
zoning and private CCNR's, staff estimates the code amendment will functionally address only a limited number of
properties in Oro Valley located outside of HOAs.
This code amendment proposes standards for keeping small animals on lots of 20,000 square feet or more within
SRF zoning districts R1-20, R1-36, R1-43, R1-72, R1-144, and R1-300, are as follows:
Animals and livestock must be confined within a designated coop or pen.
Placement of animals, coops, and pens are restricted to the rear or side yard of the property, only when lots
are less than one hundred forty-four thousand (144,000) contiguous square feet.
Coops and pens must meet setback and building requirements for the respective zoning district.
Animal coops and pens must be screened from street view.
Issue 3: Establishing standards for on-site management practices.
Existing Code: Animal keeping requirements are listed Town Code Article 18-5-4 and addresses owner’s
responsibilities as it pertains to nuisances to neighbors and the public. Town Building Code Article 6-1-10 outlines
property maintenance standards for the Town.
Research Findings: Maintaining animal spaces and noise levels to mitigate impacts to neighboring properties is a
keystone code element for other jurisdictions. Code standards varied and addressed requirements from
groundskeeping to containing animals to space requirements. A common thread for standards noted animals may
be kept on a property as long as the animals do not impact neighboring properties.
Proposed Code: To minimize nuisances and impacts to neighboring properties, the following code standards are
proposed:
Animals, coops, and pens must be maintained in good repair so that odor, noises, and other nuisances do not
impact surrounding properties.
Coops and pens must provide shelter and corral animals from roaming freely.
If the keeping of animals becomes a public nuisance, or for other good causes, the Planning and Zoning
Administrator may suspend, or revoke permitted uses granted pursuant to this section if any condition or
requirement of this section is violated.
Issue 4: Identifying additional stipulations for specific animal types, when needed.
Existing Code: Currently, stipulations regarding animal types are only outlined in Section 25.1.B.10 and only note
the exclusion of swine.
Research Findings: Jurisdictions allow a variety of animals (Attachment 1 Jurisdiction Research Matrix), which
includes additional stipulations for select animal types. Most commonly, this can be seen as restrictions prohibiting
male fowl, specifically roosters, and hogs. Other restrictions can be found related to beekeeping, which established
a minimum lot size for each beehive.
Proposed Code: Based on best practices and compatibility with Oro Valley’s standards and neighborhood
characteristics, the proposed code elements are as follows:
The keeping of roosters, male fowl, and hogs shall be prohibited.
Beekeeping is allowed in all zones where lots area is greater than 43,560 square feet (one-acre).
The Planning and Zoning Administrator may suspend, or revoke permitted uses granted pursuant to this
section if any condition or requirement of this section is violated.
General Plan Conformance:
Alignment with the community’s vision and priorities outlined in the General Plan was a keystone focus for
developing the code amendment objectives and key changes. This proposed code amendment supports the spirit of
the community’s vision and goals established in the Your Voice, Our Future General Plan. The proposed code
amendment is intended to benefit Oro Valley residents and meet the following general plan priorities:
Development Goal 5.4.X: Effective transitions between differing land uses and intensities in the community.
Policy LU.5: Provide diverse land uses that meet the Town's overall needs and effectively transition in scale
and density adjacent to neighborhoods.
The code amendment changes are in accordance with the General Plan and identify appropriate lot sizes, setback
requirements, and animal types that are compatible with neighborhood characteristics. The proposed code
amendment will allow residents with lots greater than 20,000 square feet additional land uses for their properties
than previously allowed. Additionally, the code amendment will provide residents with new opportunities to access
food products from their property.
Summary/Recommendation
This item is being presented for discussion to obtain feedback from the Planning and Zoning Commission,
specifically the proposed items listed below:
Defining the types of small and large animals permitted by the Zoning Code and establishing restrictions on
the number of small animals allowed.
1.
Identifying appropriate SFR zoning districts and property size. 2.
Establishing standards for on-site management practices.3.
Identifying additional stipulations for animal types, when applicable. 4.
Next Steps
The code amendment will be presented for consideration at the following meetings:
November 1 – Town Council Study Session
December 5 – Planning and Zoning Commission Public Hearing
January 10 - Town Council Public Hearing
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
This item is for information and discussion purposes only. The proposed zoning code amendment will be
considered for recommendation by the Planning and Zoning Commission during a public hearing at the December
5, 2023 meeting.
Attachments
Attachment 1 Jurisdiction Research Matrix
Attachment 2 Jurisdiction Research Findings
Flagstaff - AZGilbert - AZMarana - AZMesa - AZPima County - AZSahuarita - AZTucson - AZPlacer County - CABrighton - COGolden - COPermitted Animals
Bees X X X X X X X X X
Chicken X X X X X X X X X X
Ducks X X X X X X X X X
Goats X X X X X X
Goats - Miniature X X X X X*X X
Goose X X X
Ratites X
Rabbits X X X X X
Sheep X X X X X
Pot-bellied Pigs X*X
Turkey X X
Dimensional & Setbacks Requirements Keeping Animals
Minium Lot Area (Sq.
Feet)-6,000 1,000 -6,000 8,000 1,000 5,000 --
Side (Feet)10 20 10 30 20 20 10 15 5 10
Rear (Feet)10 20 20 30 20 20 10 10 10 10
Dist. Prop Lines (Feet)10 20 30 -50 -50 ---
Dist. Between
Buildings (Feet)20 25 100 -20 7 20 -10 -
Bees - Dist. Between
Buildings --100 -------
Bee - Dist. From Prop
Lines -100 60 -------
Animal Coop & Run Requirements
Ground Coverage (Sq.
feet)--200 -200 16 --120
Height (Feet)--6 15 12 12 12 --6
Dist. BTW Prop Lines
(Feet)------10 ---
Dist. BTW Buildings
(Feet)--20 -50 -20 ---
Values with "-" represents standards were not listed in the zoning code.
Administrative Approvals Required
Allowed Use -------
Site Plan
Review -
Site Plan
Review
PZ Conditional Use
Permit X --X ------
PZ 4-H Animals**-----
Additional
Hogs -X --
PZ Exceed Animals ------X --
Approval Neighbors ---
X*
BOA
Additional
Chickens --
X
Bees --
** Planning & Zoning approval needed for 4H animals.
Animal Keeping Zoning Code Amendment - Jurisdiction Research
Attachment 3 - Animal Limits Research Findings
Jurisdiction Code Title Code Section
Number of Animal
Limit - Quantity Max
Number of Animal
Limit - Point System Findings Animal Limit Rate - Livestock Animal Limit Rate - Small Animals (chickens/fowl,
rabbits, rodents)
Flagstaff - AZ Backyard Livestock Keeping 10-40.60.070: Animal Keeping X
Keeping of small livestock is permitted in all zones. The number
of animals is limited by the lot size and requirement to meet
containment area dimensional requirements. Livestock is
permitted in the Estate and Rural Residential zones.
Limits based on lot square feet (sf) thresholds,
• 4 large livestock up 79,999 sf.
• 5 large livestock up to 119,999 sf.
• 6 large livestock up to 159,999 sf.
• 7 large livestock up to 160,000 sf.
Limits based on lot sf thresholds and type of small
animal.
Gilbert - AZ Animal Raising - Non-Commercial 5.2.2: Additional Use Regulations - Animals X
Animal raising is permitted in single-family residential zones with
a minimum lot size is 6,000 square feet (sf). The limit for number
of animals is based on lot size thresholds in any combination of
permitted animal types.
• 1 large livestock animal per 10,000 sf.
• 1 small livestock animal per 5,000 sf.
Limit of 25 rodents and fowl permitted up to
20,000 sf. 12 additional animals permitted for every
10,000 sf.
Marana - AZ Animal Keeping 17-6-7:Animal-keeping X
Animal keeping is permitted with conditions in Agricultural,
Ranchette, Estate, and Neighborhood residential zoning districts.
Setback restrictions and animal limits conditions are established
per animal type such as chicken, small livestock, large livestock,
or apiary. Animal limits are based on lot size ratio.
• 1 large livestock per 10,000 sf in AG, RA, and RR
• 1 small livestock per 5,000 sf om AG, RA, and
RR
No more than 40 chicken or rodents per acre.
Mesa - AZ Animal Keeping
11-31-4: Animal Keeping (AG and Accessory to
Residential Uses)X
The keeping of animals is permitted within agricultural and
residential zones in conformance with use restrictions (Section 8-
6-21). Animal limits are established by a point system based on
the size of the property. Animal points vary by animal type.
• 2 animal points up to 43,560 sf (one acre), with
1 additional animal points for every 10,890 sf.
• 1 point per large livestock head
• 0.5 point per small livestock head
Limit of 10 fowl or rodent for lots up to one-half of
acre (21,780 sf), with addition of 10 head for every
one-half acre. No limit for properties with 2.5 acres
or more.
Pima County - AZ T. Food Access
18.09.020: General requirements and
exceptions.X
Keeping of chickens is permitted in TH, CR-4, CR-5, CMH-1, CMH-
2, and MU zones with minimum of 6,000 sf. Number of chickens
limited to 8 chickens per dwelling unit. Written consent from
neighbors is required to increase the number of chickens
permitted. Livestock such as horses, cattle, sheep, goats, or
ratites is permitted in CR-1, CR-2, and SR-2 at a rate of no more
than 1 animal per 10,000 sf.
• 1 livestock per 10,000 sf in CR-1, CR-2, and SR-2 Limit of 8 chickens per DU in TH, CR-4, CR-5, CMH-1,
CMH-2, and MU zones with minimum of 6,000 sf.
Sahuarita - AZ Permitted Use X
Keeping of livestock and small animals is allowed in Rural
Homestead (RH) and R-3 Single Residence (R-3) zoning districts.
Limits are established at no more than 24 small animals per 8,000
sf in R-3, limits are not noted for livestock nor for RH.
No more than 24 small animals per 8,000 sf in R-3
zoning district.
Tucson - AZ 6.6.5. Urban Agriculture Uses and
Activities E: Keeping of Food Producing Animals X Maximum number of animals based on animal units and lot size.
Units assigned to animals vary based on animal type.
Limits based on lot sf thresholds and type of small
animal. Animal units are:
• chickens (1)
• duck (2),
• turkey or goose (4),
• miniature goat (5).
Maximum units for lots:
• less than 16,000 sf - 24 units
• lots up to 143,999 sf - 36 units
• lots 144,000 sf or more - 48 units
Placer County - CA Permitted Use 17.56.050: Animal Raising and Keeping X
Animal keeping is permitted in single-family residential zones
with a minimum lot size of 20,000 sf. A conditional use permit
required. Fowl and poultry are limited to 6 animals on minimum
lot size of 5,000 sf in RS single family zones, no more than 15 on
less than 1 acre lots in AG and RF zones, 24 animals on more than
one acre.
• 2 large livestock per acre in AG zone
• 1 livestock per acre in RF zones
• 6 small livestock per acre in AG and RF zones
Flat cap on number of animals
Brighton - CO Division 10 - Urban Agriculture
Sec. 6-4-900: Urban agriculture and small
animal husbandry.X
Keeping of livestock shall not exceed more than 4 animals per
acre. The number of animals for poultry is limited to 6 animals in
any combination at one time.
Flat cap on number of animals
Golden - CO Permitted Use 8.26.060: Backyard Chickens X
The maximum number of chickens is 6 chickens and requires
permit approval. Conditional use permit required. Flat cap on number of animals