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HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 1/14/2025MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION SPECIAL SESSION January 14, 2025 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            SPECIAL SESSION AT OR AFTER 5:00 PM   CALL TO ORDER Chair Clark called the meeting to order at 5:00 p.m.   ROLL CALL Present: Robert Kellar, Commissioner Joe Nichols, Commissioner William Thomas, Commissioner Sandra Wilson, Commissioner Philip Zielinski, Commissioner Kimberly Outlaw Ryan, Vice Chair Anna Clark, Chair Staff Present:Bayer Vella, Planning Manager Joe Andrews, Chief Civil Deputy Attorney Attendees: Nathan Rothschild, Attorney for the Town EXECUTIVE SESSION - Pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice regarding the Oro Valley Church of The Nazarene application for additional height.    Motion by Commissioner William Thomas, seconded by Commissioner Robert Kellar to enter into Executive Session.  Vote: 7 - 0 Carried   RESUME SPECIAL SESSION AT OR AFTER 6:00 P.M.   CALL TO ORDER Chair Clark called the meeting back to order at 6:00 p.m.   ROLL CALL Present: Robert Kellar, Commissioner  Joe Nichols, Commissioner  William Thomas, Commissioner  Sandra Wilson, Commissioner  Philip Zielinski, Commissioner  Kimberly Outlaw Ryan, Vice Chair January 14, 2025 Minutes, Planning and Zoning Commission 1  Kimberly Outlaw Ryan, Vice Chair  Anna Clark, Chair Staff Present:Bayer Vella, Planning Manager David Laws, Permitting Manager Joe Andrews, Chief Civil Deputy Attorney Attendees: Melanie Barrett, Council Liaison Nathan Rothschild, Attorney for the Town   PLEDGE OF ALLEGIANCE Chair Clark led the Commission and audience in the Pledge of Allegiance.   CALL TO AUDIENCE There were no speaker requests.   COUNCIL LIAISON COMMENTS Council Liaison Melanie Barrett did not have any Planning comments, but spoke about OV's Path Forward efforts regarding the Resident Working Groups.   SPECIAL SESSION AGENDA Chair Clark announced that Agenda Item 4 will be heard first, due to the large number of residents and public speaker requests for this item.   1.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A BUILDING HEIGHT INCREASE REQUEST FOR A NEW SANCTUARY BUILDING AT ORO VALLEY CHURCH OF THE NAZARENE AT THE NORTHEAST CORNER OF CALLE CONCORDIA AND CALLE BUENA VISTA (2402255)       Planning Manager Bayer Vella provided a presentation that included the following: - Purpose - Location - Meeting dates/process - Applicant's proposal - Zoning: Building heights and process - height only - View of mountains - View of proposed building - Height, size and function - Neighbor comments - Summary Paul Oland of Paradigm Land Design, representing the applicant, provided a presentation that included the following: - Previous sports ministry proposal - Focusing on more space for preaching as their congregation has grown - Proposed building with varied heights - Renderings of the proposed building Mr. Rick Huch of Seaver Franks Architects, continued the presentation: January 14, 2025 Minutes, Planning and Zoning Commission 2 - building details for the new sanctuary - stadium seating for the auditorium - multi-purpose room Mr. Oland then continued: - View impacts from various vantage points, including existing and proposed views with screening - Comparisons between the current building proposal and the previous building proposal Church attorney Jerry Steele emphasized the following: - Only considering the height increase request tonight. - The architectural approval of the previously proposed building by the Commission. - To date, no one has offered any evidence of the significance, or not, regarding any line of sight interference with the proposed building. - What will be the standard the Commission will use to allow the church to have the 40-foot height needed for the auditorium? Will it be a legal or political standard? - This Commission has granted those same rights of height increase under the code for other religious institutions and schools. If those instances where the permissions were granted are not significantly and objectively different from this instance, then this church has the right of equal protection under the law. -Under the Religious Land Use and Institutionalized Persons Act (RLUIPA), it prohibits this Commission from applying any land use code that imposes a substantial burden on the church, unless the Commission has a compelling governmental interest in doing so. It would be a substantial burden for the church to redesign, engineer and construct the building differently to meet the needs of the church. Chair Clark opened the public hearing. The following individuals spoke in opposition to Agenda Item # 4. - Oro Valley resident Joanne Michealsen - Oro Valley resident Tim Tarris - Oro Valley resident Trindy LaForge - Oro Valley resident Ann Young - Oro Valley resident Vicky Tarris - Oro Valley resident Anthony Ferrera - Oro Valley resident Debbie Patrick - Oro Valley resident Ed Clary - Oro Valley resident Tricia Tozier - Oro Valley resident Tim Fagen - Oro Valley resident Kathleen German - Oro Valley resident Linda Frew - Sheila Lepley - Oro Valley resident Brad Brumm - Oro Valley resident Mary Topmiller - Oro Valley resident Valerie Steinbronn - Oro Valley resident Karen Steinbronn - Oro Valley resident Devin Smith The following individual spoke in support of Agenda Item #4. - Oro Valley resident Steve Solomon. Chair Clark closed the public hearing. The Commission recessed at 7:35 p.m. The Commission resumed at 7:41 p.m. January 14, 2025 Minutes, Planning and Zoning Commission 3 Discussion ensued between the Commission, applicant and staff.    Motion by Vice Chair Kimberly Outlaw Ryan, seconded by Commissioner Philip Zielinski to deny the Building Height Increase requests for a new sanctuary building located between the existing sanctuary and the Canyon Del Oro High School, based on the finding the proposal is incompatible with the area in accord with the Your Voice, Our Future General Plan and Design Standards.    A roll call vote was taken: Commissioner Kellar - Aye Commissioner Nichols - Aye Commissioner Thomas - Aye Commissioner Wilson - Aye Commissioner Zielinski - Aye Vice Chair Outlaw Ryan - Aye Chair Clark - Aye    Vote: 7 - 0 Carried    The Commission recessed at 7:49 p.m. The Commission resumed at 7:51 p.m.   2.REVIEW AND APPROVAL OF THE DECEMBER 3, 2024 MEETING MINUTES       Motion by Commissioner William Thomas, seconded by Commissioner Robert Kellar to approve the December 3, 2024 meeting minutes as written.  Vote: 7 - 0 Carried   3.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED EXEMPTION FROM THE ROONEY RANCH PLANNED AREA DEVELOPMENT SIGN STANDARDS FOR THE BANK OF AMERICA IN ROONEY RANCH LOCATED AT 10775 N. ORACLE ROAD AT THE NORTHWEST CORNER OF ORACLE ROAD AND 1ST AVENUE       Senior Planning Technician Patty Hayes provided a presentation that included the following: - Purpose - Location Map - History: Current PAD sign standards - History: Current signs due to Rooney Ranch PAD - History: Rooney Ranch PAD signs - Prior PAD sign exemptions - Applicant's proposal - Summary Mike Addis of Addisign Company, spoke on the request for release from the 1998 Rooney Ranch sign program, and allowing businesses, such as the bank, to get their name identification and colors on signs. Discussion ensued between the Commission and staff. Chair Clark opened the public hearing. January 14, 2025 Minutes, Planning and Zoning Commission 4 There were no speaker requests. Chair Clark closed the public hearing.    Motion by Commissioner Robert Kellar, seconded by Commissioner William Thomas to recommend approval of the proposed PAD Sign Exemption, for the Bank of America site at 10775 N. Oracle Road, based on a finding that the request is consistent with the Town Zoning Code.  Vote: 7 - 0 Carried   4.DISCUSSION AND POSSIBLE ACTION REGARDING ARCHITECTURE FOR ST. MARK'S CHURCH ON THE SOUTHEAST CORNER OF TANGERINE AND SHANNON (2402121)       Planning Manager Bayer Vella provided a presentation that included the following: - Purpose - Location and background - Applicant proposal - new - Review criteria - Summary and recommendation Rick Huch with Seaver Franks, representing the applicant, provided a presentation that included the following: - Site plan change - Conceptual architecture - Conceptual floor plan - Conceptual colored elevations - Aerial view Discussion ensued between the Commission and staff.    Motion by Vice Chair Kimberly Outlaw Ryan, seconded by Commissioner Philip Zielinski to recommend approval of the proposed architecture for the St. Mark's Church expansion based on finding it is in conformance with the Design Principles and Standards of the Oro Valley Zoning Code.  Vote: 7 - 0 Carried   5.UPDATE REGARDING THE NEXT STEPS TO CREATE THE COMMUNITY'S NEXT 10-YEAR ACTION PLAN, KNOWN AS OV'S PATH FORWARD       Principal Planner Milini Simms provided a presentation that included the following: - Phase 2: Let's Think - Resident Working Groups - Approach - Modules - Web-based plan - Phase 2: Anticipated milestones - Summary Discussion ensued between the Commission and staff.   6.ELECTION OF CHAIR EFFECTIVE JANUARY 15, 2025   January 14, 2025 Minutes, Planning and Zoning Commission 5  Motion by Commissioner Joe Nichols, seconded by Commissioner William Thomas to nominate Anna Clark as the Planning and Zoning Commission Chair.  Vote: 7 - 0 Carried   7.ELECTION OF VICE CHAIR EFFECTIVE JANUARY 15, 2025    Motion by Commissioner Joe Nichols, seconded by Commissioner Robert Kellar to nominate Kimberly Outlaw Ryan as the Planning and Zoning Vice Chair.  Vote: 7 - 0 Carried   PLANNING UPDATE (INFORMATIONAL ONLY) Planning Manager Bayer Vella provided an update to the next Commission and Council meetings related to Planning agenda items, as well as upcoming neighborhood meetings.   ADJOURNMENT    Motion by Commissioner William Thomas, seconded by Commissioner Sandra Wilson to adjourn the meeting.  Vote: 7 - 0 Carried    Chair Clark adjourned the meeting at 8:29 p.m.     I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Planning and Zoning Commission of Oro Valley, Arizona held on the 14th day of January 2025. I further certify that the meeting was duly called and held and that a quorum was present. ___________________________ Jeanna Ancona Senior Office Specialist January 14, 2025 Minutes, Planning and Zoning Commission 6