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HomeMy WebLinkAboutMinutes - Board of Adjustment - 10/24/2006 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION OCTOBER 24, 2006 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER at 3:00 p.m. ROLL CALL PRESENT: John Hickey, Chair Colleen Kessler, Vice Chair Andy Martin, Member Bart Schannep, Member Paul Parisi, Member MOTION: A motion was made by Member Martin to APPROVE the minutes of September 26, 2006. Member Schannep SECONDED the motion. Motion carried, 5-0. PUBLIC HEARINGS: 1. CASE NO. OV10-06-12, DON BAKER, HARDY ORACLE GROUP, LLC, REQUEST A VARIANCE FROM THE OVZCR SECTION 24.5.E.A, TO REDUCE THE REQUIRED MINIMUM DISTANCE BETWEEN ADJACENT ACCESS DRIVES FROM THE REQUIRED 330 FEET TO 265 FEET. SUBJECT PROPERTY: NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, PARCEL #225-12-065A, ORO VALLEY, AZ 85704 Chair Hickey swore in the witness that was intending to testify. Diana Flynn, a representative from Gene Goldstein Construction Management, explained that the applicant's proposal was to construct an additional access point at the north end of the property with a 265 foot separation. She explained that the north entry driveway has been positioned close to the property line maintaining the "meandering" configuration to match the south entry. There was discussion regarding: • The 300 square feet separation radius of the second drive entry possibly encroaching onto the adjacent property owner's right-of-way. • Why the northern portion of the parcel was chosen to construct the proposed entryway and the reason for the additional access. • The previous comprehensive Master Site Plan for the parcel. • Does the north entryway provide the convenient cross access to the adjacent property to the north? 10/24/06 Minutes, Board of Adjustment 2 • Would it be possible to create a wider entrance closer to the existing driveway? • Was the developer designing the additional access to accommodate their p g clients? Zoning Inspector Patty Hayes reviewed the Staff Report and explained that the applicant was requesting a second access in the second phase of the proposed development off of Oracle Road. She explained that the second access as well as the first access would be a right-in and right-out only. She reported that the property was located in the Oracle Road Scenic Corridor District (ORSCD), and the Oro Valley Zoning Code Revised (OVZCR) commercial development regulations, required a minimum of 330 feet between entrances. Site Analysis -The subject property is 8.5 acres with approximately 500 feet of Oracle Road Frontage. This parcel was annexed into the Town of Oro Valley in 1978 and later included in the 1994 adoption of the Oracle Road Scenic Corridor District. The property slopes approximately 16 feet from the northwest corner down toward the southwest corner. In March 2004 the Town approved a Master Development Plan for this parcel's Phase 1. Phase 1 has one access from Hardy Road and one access from Oracle Road. This variance is for a second access from Oracle Road. Phase 1 and Phase 2 will share parking lot access and Phase 2 will require review and approval by the Town Council. Staff Findings: • The subject Parcel #225-12-065A is adjacent to two northern parcels, #225-12-066B middle parcel, and #225-12-066C the most northern parcel. • Parcel #225-12-065A is owned by the Hardy Oracle Group LLC. Parcel #225-12-066C is owned by PTP, LLC. • A development plan has been submitted to the Town for two office buildings on Parcel #225-12-066C. The Development Plan Case No. OV12-06-01 has been approved by the Development Review Board (DRB) and will go to Town Council on November 1, 2006. Ownership of this parcel and the center parcel are under the same management. • The applicant for the subject parcel has provided two cross access points onto the center parcel and the northern parcel is providing cross access. • The applicant will need to obtain plan approval and right-of-way permits from the Arizona Department of Transportation. • If this property were not a part of an overlay district, only 150 feet between entrances would be required per the Oro Valley Subdivision Street Standards and Policies Manual, Section 4.9.7. • Authorizing this variance may improve traffic circulation on the site by the general public as well as service and delivery traffic. • The size of the subject property and the adjacent two northern properties require access cooperation with all three parcels. Granting this variance would not be detrimental to those northern parcels. 10/24/06 Minutes, Board of Adjustment 3 • The additional access will have no impact and should not be materially detrimental to the eastern residential properties. • The second Oracle Road access may reduce use of the Hardy Road access. Discussion followed regarding: • The types of companies conducting business on the site. • If the approval of the variance were granting the applicant "special circumstance" for the sole purpose of meeting the needs of the companies conducting business on the site. • The intention of ORSCD - to make Oracle Road more like a highway by having less turn-offs from Oracle Road and to preserve and enhance the scenic quality of the road. • Obtaining The Arizona Department of Transportation (ADOT) analysis regarding the public safety measures and geometry of the vicinity. Chair Hickey opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Member Schannep moved to DENY Case No. OV10-06-12, a request to reduce the required minimum distance between the adjacent access drives from the required 330 square feet to 265 square feet. Member Kessler SECONDED the motion. Discussion: Member Schannep explained that the Board was required to adhere to the 5 findings, and he did not believe Item "B" of the criteria had been met. He stated that in his opinion, the second location for the entrance would be for the convenience of the tenant on the northern portion of the property. Member Martin stated that the applicant was asking for a "special privilege" and did not believe all of the findings had been met. Vice Chair Kessler stated that the applicant had already been provided with 2 entrances to the parcel, and from a safety stand point, the variance should be denied. Chair Hickey agreed and did not think the 5 criteria had been met. Roll Call Vote Vice Chair Kessler— aye Member Martin — aye Member Parisi — aye Member Schannep — aye Chair Hickey — aye MOTION carried 5-0 to DENY Case No. OV10-06-12. 10/24/06 Minutes, Board of Adjustment 4 2. PLANNING AND ZONING UPDATE Planning and Zoning Administrator Sarah More gave the following update of upcoming programs and projects: • The initiation of the Capital Improvement Program will begin within the next few weeks. • The initiation to review the Budget process to examine the costs of existing programs. • The Oro Valley Market Place, Vestar Project was moving forward and the Vestar Developer would be presenting their program to the Development Review Board at their next meeting. • Two applications have been submitted for the General Plan amendments for Rancho Vistoso that will address the changing of land use patterns and configurations. ADJOURNMENT MOTION: A motion was made by Member Martin to adjourn the meeting at 4:25 p.m. Member Kessler SECONDED the motion. Motion carried, 5-0. Prep- ed by: t_ 0 4 0 Linda Hersha, Office Specialist