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Home My WebLink AboutOV99967 ORDINANCE NO. (0)99-32 AN ORDINANCE TRANSLATING THE ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144, WITH CONDITIONS, ON THE PROPERTIES KNOWN AS THE CATHOLIC DIOCESE AND BRAUN, LOCATED WITHIN MAP 2 AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS,the owners of certain real property known as the Diocese of Arizona Property, located within Map 2, has requested that their existing development entitlements under Pima County Development Standards be preserved; and WHEREAS, the Planning and Zoning Commission, has considered said translational zoning with added conditions on these properties at a duly noticed Public Hearing, in accordance with State Statue, and having made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the translational zoning with added conditions at a Public Hearing and finds that it is consistent with the Town's General Plan, Tangerine Corridor Overlay District, and other Town ordinances, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the Catholic Diocese and Braun properties contained within Map 2 be translationally zoned from Pima County SR to Oro Valley R1-144, and that all applicable development standards of the R1-144 zoning district and entitlement conditions shall apply thereto to said properties. The conditions in Exhibit"A" shall also apply to this property. SECTION 2. That a private or parochial school as permitted in the Pima County SR zoning district with a Conditional Use Permit (CUP), may be permitted on this site. The applicant shall apply for the CUP under a separate process from a Development Plan. SECTION 3. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict; SECTION 4. That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. ORDINANCE NO. (0)99-32 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5th day of May, 1999. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier,Town Clerk APPROVED AS TO FORM: Dan L. Dudley,Town Attorney EXHIBIT "A" ET.--J'LEMENTS AND CONDITIONA] ;ES PARCELS 224-11-023C and 224-11-0240 OV9-99-67& OV9-99-68 CATHOLIC DIOCESE,MAP 2 1. The permitted use of a Church in the Pima County SR zoning district will be maintained for this property. 2. A private or parochial school use as permitted in the Pima County SR zoning district with a Conditional Use Permit (CUP), may be permitted on this site. The applicant must apply for the CUP under a separate process from a Development Plan. 3. A minor resort use with a Conditional Use Permit (CUP), may be permitted on this site. The applicant must apply for the CUP under a separate process from a Development Plan. 4. No building shall exceed 25 feet in height. Steeples, spires, towers, and architectural elements may be permitted up to 34 feet in height. Religious symbols placed atop such structures are not included in the calculation of building height, but are limited to a maximum height of 5 feet. 5. This property shall comply with the setback requirements for Oro Valley R1-144 zoning district. The setbacks are as follows: Front— 50', Side — 20', and Rear— 50'. A one hundred fifty-foot half right-of-way will be dedicated on Tangerine Road. 6. Access to Tangerine Road shall be considered temporary and may be closed when, and if, Tangerine Road is developed as a limited-access roadway. , . . LA CHOLL " Al RPARK CUZ ' i\YOUT -, \ , ,10 4 ,•ritio I — \ o &It*4, 11111r*Os ow-4 0 M •,,li N '\ ,W. ittei . 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BACKGROUND: These two parcels are part of the Map 2 translational zoning and this report addresses additional Pima County entitlements that the property owners requested. The following properties within Map 2 are requesting translation to R1-144 with church entitlements and the ability to apply for a conditional use permit for a minor resort and a school: 1. OV9-99-67 Parcel # 224-11-023 C Braun, H. Property (A portion was recently purchased by the Catholic Diocese) 2. OV9-99-68 Parcel#224-11-0240 Braun, O.R. Property arcel # 224-11-023C is located on the southeast corner of Tangerine Road and Shannon Road and Parcel # 224- '1-0240 is located south and adjacent to the first parcel. SUMMARY: In accordance with State Statutes,the Town should translate Pima County's SR zoning, which allows single family residential (.3 DU/acre), to Oro Valley's closest equivalent designation, R1-144, Single Family Residential (also permits .3 DU/acre). There was no pre-annexation agreement negotiated between the above-referenced property owners and the Town. Existing Pima County entitlements are outlined in Exhibit"A". LA CHOLLA AIRPARK: The subject properties do not fall within the La Cholla Airpark planning area as designated on the General Plan land use map. The attached map illustrates the properties located outside of the Airpark Compatible Use Zones (CUZ). GENERAL PLAN COMPLIANCE: Most of the area in Map 2 is designated Rural Low Density Residential (RLDR) on the Land Use Map. Other land use designations in this map include Parks/Open Space, Schools, and Low Density Residential. Oro Valley R1-144 > the same or lower intensity than these designations. A church is a higher intensity use, but it is appropriate in a 1:,sidential neighborhood. A minor resort and a school are also a higher intensity use and these impacts will be addressed in the CUP process. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 LANNING & ZONING COMMISSION ACTION: This translational zoning was recommended for approval by the Planning and Zoning Commission on April 6, 1999,by a 6—0 vote. RECOMMENDATION: Planning Staff recommends approval of the translation of zoning for parcels 224-11-023C and 224-11-0240 from Pima County SR to Oro Valley R1-144 and all applicable development standards of the R1-144 zoning district shall apply thereto in addition to the Pima County entitlements outlined in Exhibit"A". SUGGESTED MOTION: I move to recommend approval of the zoning translation for parcels 224-11-023C and 224-11-0240 from Pima County SR to Oro Valley R1-144 and all applicable development standards of the R1-144 zoning district in addition to the Pima County entitlements outlined in Exhibit"A". OR I move to recommend approval of the zoning translation for parcels 224-11-023C and 224-11-0240, from 71ima County SR to Oro Valley R1-144, all applicable development standards of the R1-144 zoning district, .e Pima County entitlements outlined in Exhibit"A",and the following added conditions: ATTACHMENTS: 1. Ordinance(0)99- 32 2. Exhibit"A" 3. Location Map 4. Mr. Herbert Braun Letter dated September 9, 1998 UAL Pk'rig Zoning Administrator / , .4 Community Dev:J.1.ment -ctor if/61-('‘ / -0' Town Manager F:\OV9\1999\9-99-53\TZTC.RPT 4 # 05/05/99 Minutes, Council Regular Ses: 5 3. CONTINUED PUBLIC HEARING—ORDINANCE NO. (0)99-32 OV9-99- 67 & OV9-99-68, BRAUN AND CATHOLIC DIOCESE PROPERTIES, MAP 2 TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1- 144 WITH CHURCH AND CONDITIONAL USE PERMIT ENTITLEMENTS (CONTINUED FROM APRIL 12, 1999) Community Development Director Don Chatfield reported that this item was continued from April 12, 1999 due to issues raised regarding entitlements associated with the property as well as issues regarding La Cholla Air Park. Dr. Chatfield reviewed an overhead map and explained that this is a translational zoning translating from the existing entitlements in Pima County to Oro Valley's zoning with the same entitlements. He stated that staff is recommending the translational zoning from Pima County Suburban Ranch (SR) to Oro Valley R1-144 with all applicable development standards as outlined in Exhibit "A". Dr. Chatfield pointed out that prior to Oro Valley annexing this property, the Pima County Suburban Ranch (SR) zoning permitted any property owner to construct a church and this was a zoning entitlement by right. Also, the property owner is permitted to request public hearings for Conditional Use Permits (CUP) for parochial schools or minor resorts (having less than 50 guest rooms and a minimum site area of 10 acres.) He explained that the recommended translation preserves the zoning entitlements that were already in place through Pima County and only grants the property owner the right to request the CUP process. In response to a concern expressed by Council Member LaSala, Town Attorney Dan Dudley stated that he agrees with staff's report in that the translational zoning does not give any greater uses or entitlements than were already allowed through Pima County. Dr. Chatfield mentioned that it is staff's determination that the properties are outside of La Cholla Airpark's overlay zone, and so there are no significant safety concerns associated with the properties. Mayor Loomis opened the public hearing. Aspen Green, 1795 W. Hunter Road, stated that it is a frustrating situation that Tortolita and Oro Valley have been placed in by the courts. She stated that it is an illegal annexation and Oro Valley should be waiting until the courts have made their final decisions. She urged the Council to keep in mind that Tortolita is still a town. Sid Morse, 1620 W. Niner, stated that he had no objections with the translational zoning but was concerned with safety and the flight patterns from La Cholla Airpark. Barbara Abrams, 13551 N. Piper, stated that she protested the translational zoning and believes that Oro Valley's General Plan designates the area as rural. She also expressed her concerns with traffic safety issues onto Tangerine Road as more traffic comes into the area from churches, etc. . M 05/05/99 Minutes, Council Regular Ses: 6 Louis Benson, 2590 W. Tortolita Hills Trail, stated that he was protesting the rezoning in Tortolita. He also expressed his concerns regarding the critical habitat of the endangered species. Mayor Loomis closed the public hearing. In response to a question from Council Member LaSala, Dr. Chatfield explained that Oro Valley is not allowing anything under the translational zoning that was not already allowed under Pima County's zoning. He also explained that if the translational zoning is not completed, then the property would have no zoning in place, and they could build anything they wanted to. Vice Mayor Johnson reiterated that the translation from SR to R1-144 is the same (3.3 acres per lot.) He stated that the land use will not change and there is no increase in density, etc. At the request of Council Member LaSala, Mr. Sid Morse reviewed the La Cholla Airpark CUZ (Compatible Use Zone) Layout and expressed his concerns regarding safety. MOTION: Council Member LaSala MOVED to recommend approval of the zoning translation for parcels 224-11-023C and 224-11-0240 from Pima County SR to Oro Valley R1-144 and all applicable development standards of the R1-144 zoning district in addition to the Pima County entitlements outlined in Exhibit "A". A) 1. The permitted use of a church in the Pima County SR zoning district will be maintained for this property. 2. A private or parochial school use as permitted in the Pima County SR zoning district with a Conditional Use Permit(CUP) may be permitted on this site. The applicant must apply for the CUP under a separate process from a Development Plan. 3. A minor resort use with a Conditional Use Permit (CUP) may be permitted on this site. The applicant must apply for the CUP under a separate process from a Development Plan. 4. No building shall exceed 25 feet in height. Steeples, spires, towers, and architectural elements may be permitted up to 34 feet in height. Religious symbols placed atop such structures are not included in the calculation of building height, but are limited to a maximum height of 5 feet. 5. This property shall comply with the setback requirements for Oro Valley R1-144 zoning district. The setbacks are as follows: Front— 50 feet, Side—20 feet, and Rear— 50 feet. A one hundred fifty foot half right-of-way will be dedicated on Tangerine Road. Access to Tangerine Road shall be considered temporary and may be closed when, and if, Tangerine Road is developed as a limited-access roadway. Vice Mayor Johnson SECONDED the motion. Motion carried, 4— 1, with Council Member Bryant opposed. , NI,- qAo 4°', ' TOWN OF ORO VALLEY 4 '_ , COMMUNITY DEVELOPMENT DEPARTMENT { • Building Safety • Parks and Recreation k=� ; • Planning and Zoning • Transit Services r , PL1UN DyEDg alb' September 9, 1998 Mr. Herbert Braun 2727 W. Tangerine Road Tucson, Arizona 85742 RE: Oro Valley Zoning Questions Dear Mr. Braun: After consultation with the Planning and Zoning Administrator, I have been able to find an answer to the questions you posed at our last meeting. Specifically, you asked about your ability to sell your property for a church use after annexation into Oro Valley. In a discussion with Mr. Bryant Nodine, our Planning and Zoning Administrator, we determined that the staff recommendation for translational zoning would include the ability to use the property for church uses. We would be allowed to make this recommendation under state law which permits us to translate zoning so that you are given no more rights than you presently enjoy. We would need a request in writing from you to make this recommendation to the Planning and Zoning Commission and the Town Council. If the church wished to file a development plan for review during the six months it takes to translate your zoning, Mr. Nodine confirmed that planning staff would review the request under the provisions of the Pima County Zoning Code. While this would involve consideration at the Development Review Board and Town Council, all County regulations would be used if the plans were filed during the interim period. I hope that this information answers your questions about Oro Valley and our zoning provisions. We look forward to working with you in the future.icerely, l Ai // ,iiimi.....ar Donald L. Ch i ld, AIC' Community Developmen Direc or Town of Oro Valley F:/individ/dlc/letters/braun.ltr