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HomeMy WebLinkAboutMinutes - Development Review Board - 2/16/2006 MINUTES OF THE ORO VALLEY DEVELOPMENT REVIEW BOARD REGULAR MEETING TUESDAY, FEBRUARY 16, 2006 ORO VALLEY COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE CALL TO ORDER: 6:00 p.m. PRESENT: Harold Kandetzke,Member David Johnson,Member Marc Panas,Member Mike Zinkin,Member(Acting Chair) ALSO PRESENT: Bayer Vella, Principal Planner Joe Andrews, Civil Attorney Paul Keesler, Division Review Manager David Ronquillo, Senior Planner Pamela Holt, Planner Jill Manion-Farrar, Planner Jonathan Lew, Planning Technician Arinda Asper, Recording Secretary ABSENT: Mary Caswell, Chair Dan Sturmon, Vice Chair John Buette,Member ROLL CALL PLEDGE OF ALLEGIANCE CALL TO AUDIENCE 2/16/2006 Development Review Board Minutes Page 2 of 11 REVIEW AND APPROVAL OF DECEMBER 12, 2005 STUDY SESSION MINUTES AND THE JANUARY 10,2006 DEVELOPMENT REVIEW BOARD MINUTES MOTION: Member Kandetzke MOVED to approve both sets of minutes as submitted. Member Panas SECONDED the motion. Motion carried 4-0. CONSENT AGENDA A. OV13-06-01, C&C CONSTRUCTION CO. INC, REQUESTS APPROVAL OF ARCHITECTURE PLANS FOR A CUSTOM HOME IN THE UPLANDS SUBDIVISION, LOT 5, LOCATED IN THE EL CONQUISTADOR PAD, ON THE NORTH SIDE OF LAMBERT LANE, 1/8 MILE WEST FROM TO THE LA CANADA INTERSECTION, PARCEL #224-25-2320 B. OV13-06-02, C&C CONSTRUCTION CO. INC, REQUESTS APPROVAL OF ARCHITECTURE PLANS FOR A CUSTOM HOME IN THE UPLANDS SUBDIVISION, LOT 6, LOCATED IN THE EL CONQUISTADOR PAD, ON THE NORTH SIDE OF LAMBERT LANE, 1/8 MILE WEST FROM THE LA CANADA INTERSECTION, PARCEL #224-25-2320 C. OV13-06-03, C&C CONSTRUCTION CO. INC, REQUESTS APPROVAL OF ARCHITECTURE PLANS FOR A CUSTOM HOME IN THE UPLANDS SUBDIVISION, LOT 7, LOCATED IN THE EL CONQUISTADOR PAD, ON THE NORTH SIDE OF LAMBERT LANE, 1/8 MILE WEST FROM THE LA CANADA INTERSECTION, PARCEL #224-25-2320 D. OV13-06-04, DAVID JORGENSON REPRESENTING, CORBAN ENTERPRISES, REQUESTS ARCHITECTUAL APPROVAL OF A CUSTOM HOME ON LOT 114 OF THE CANADA HILLS ESTATES SUBDIVISION, LOCATED AT 10845 NORTH SUMMER MOON PLACE, PARCEL #224266910. MOTION: Member Kandetzke MOVED to approve all four Consent Agenda Items. Member Panas SECONDED the motion. Motion carried 4-0. REGULAR AGENDA 1. CONTINUED ITEM: OV12-05-01, ALPHA ENGINEERING, REPRESENTING CAPE CORAL LAND CO., REQUESTS APPROVAL OF A MASTER DEVELOPMENT PLAN FOR A COMMERCIAL CENTER, LOCATED IN PROXIMITY TO THE SOUTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD,DIRECTLY SOUTH OF THE CIRCLE K, PARCEL 225-14-166B F:\MINUTES\DRR\2006\02-16-06 Minutes.doc Approved 03-14-06 2/16/2006 Development Review Board Minutes Page 3 of 11 Applicants Brad Gephart, Co-Manager of Cape Coral Land Company, address 1730 North Tucson Boulevard, and Dan Sharp, Architect, gave their presentation. Mr. Gephart explained that this item was continued from December. Primary concerns were the circulation throughout the plan and the need for more detail in the landscape and the wall areas. All major issues had been resolved to staff's satisfaction and agreement had been reached. There are no objections to staff recommendations. Applicants met with engineering staff today, reviewed additional changes and agreed that applicant has made good progress and should be on time for resubmission to Town Council. Mr. Sharp said that applicants met with staff on January 9, 2006, and brought in a conceptual plan. He detailed the revisions, which accommodate staff requirements and address some of the comments from the December DRB meeting. • Drives have been changed to one-way to two-way. • The two drives have been aligned on a cross-axis. • There are now 130 parking spaces and parking bumpers.. • A 5' screen wall, along the east 30' landscape border, has been added. • Dense and high vegetation on the east screen wall and along the path adjacent to the screen and the path, has been added. • Rip-rap along property line was moved to the center of the 30' landscape buffer. • Two distinct future access points were provided, in case the Circle K expands. • Two to three feet high parking lighting has been added. • Restaurant drop-off area redesigned. • Loading area was redesigned so delivery trucks don't have to back up into traffic. Member Zinkin asked where the dumpster for Lot 2 is located. Applicant replied that it was at the northeast corner, and would be screened in with heavy vegetation. Member Zinkin asked for a clarification on the landscape plan, which shows 140 parking spaces, and the Master Development Plan, which shows 130 parking spaces. Applicant said the discrepancy was a typo error. The Development Plan shows the correct number. Member Kandetzke asked if the two items were to be addressed separately or together. Member Zinkin said they should be addressed separately since there were different speakers. Senior Planner David Ronquillo introduced the staff report into the record and requested permission to present the Master Development Plan and the Landscape Plan simultaneously and have the Board provide separate motions at the end. Member Zinkin said that was fine. Mr. Ronquillo presented a map showing the project and said that at the last meeting, the DRB recommended continuance because of certain design issues. He displayed the previous plan to illustrate the concerns and the revised plan to show that concerns have been addressed. Board members and staff were given a copy of the revised plan, labeled L-1. F:\MINUTES\DRB\2006\02-16-06 Minutes.doc Approved 03-14-06 2/16/2006 Development Review Board Minutes Page 4 of 11 Mr. Ronquillo stated that the project's Master Development Plan and the Master Landscape Plan meet all code requirements and staff recommends approval with the conditions in Exhibit A, deleting Condition number 1. Member Kandetzke asked if any of the engineering concerns,when satisfied,will change the Master Development Plan. Mr. Ronquillo replied that as far as design, building layouts and parking circulation,they would not change the Master Development Plan. Paul Keesler added that the engineering issues are updates for drainage and details needed to confirm that the drainage works once we get to the improvement plan stage. The improvements plans will have to match the Master Development Plan. In no way is that going to change the actual layout, landscaping or general feel of this development at all; these are just issues that need to be completed before we start on the development plan. Member Kandetzke asked if this project consisted of three separate parcels. Mr. Ronquillo said it did. Member Kandetzke asked what kind of changes we could expect as these parcels come before us with future development plans. Mr. Ronquillo said the Master Development Plan is prepared for the whole site. Later, on the individual development plans, each pad on its own will meet the 20 % open space requirements. Member Kandetzke asked if there was any limit on what the building heights will be. Mr. Ronquillo replied that the maximum for C 1 is 25 feet because the Oracle Road Overlay District wasn't established as far as this site. Member Kandetzke asked if customers have been identified. Mr. Ronquillo replied that the plan is still conceptual and users have not been identified for specific lots. Member Kandetzke asked if the square footage of the proposed buildings could change. Mr. Ronquillo said the purpose of the Master Development Plan was to establish conceptual areas for building, circulation, and parking. When individual development plans come in the key is to stay close to the conceptual design or revise the Master Development Plan. Member Kandetzke expressed concern that once the Master Development Plan is approved, no individual plot has the authority to alter it. He asked if the particular owner of the three plots could sell off each individual plot, and asked how the Master Development Plan would be modified. Mr. Ronquillo said the owners could sell. Minor changes could be done administratively and major changes would require a revision of the entire Master Development Plan. Without seeing the specific changes, it is hard to say whether it would be a change that could be done administratively or one which would require a revision. Member Kandetzke asked for the basis for comments on the staff report that refer to excessive building square footage on the site. Mr. Ronquillo explained that the comments were based on last month's DRB meeting minutes. Member Kandetzke asked if anything had been done to mitigate. Mr. Ronquillo said that this point nothing can or has been done, as the applicants are still well under the minimum requirement ratio. F:\MINUTES\DRB\2006\02-16-06 Minutes.doc Approved 03-14-06 2/16/2006 Development Review Board Minutes Page 5 of 11 Member Zinkin asked if, now that there is two-way traffic, there is any plan of installing traffic calming devices. Paul Keesler replied that stop signs will be required on the improvement plans. It has not yet been determined which lanes will be primary and secondary. From an engineering standpoint,north/south would be the preference for primary and east/west secondary. Mr. Ronquillo requested to make a clarification. Part of the staff recommendation was to delete Condition 1 of the Landscape Plan. Mr. Ronquillo said he would like to leave that in. Member Zinkin opened the meeting to public comment for Agenda Item 1. Bill Adler, 10720 North Eagle Eye Place, stated his objections to this Master Development Plan. The applicants don't intend to develop this property, but will sell it to ultimate owners who will develop the property. They are submitting a plan which they have no control over how it is designed or developed, what uses are actually there, and what the square footage will be. This is not appropriate or what the Code intends. Largely because of the property conditions, shape and size of the property, the design is unsuitable and incompatible with the standards in Oro Valley. The property is crowded, and the two-way traffic adds to the congestion and the risk. This property should not be developed with buildings of different sizes and shapes, but rather with one centrally located building. This plan may be workable in terms of the strict interpretation of the Code, but it is not suitable or compatible. Access from Hardy Road is not a way to access this property, as this adds another element of risky congestion. Member Zinkin closed the meeting to public comment for Agenda Item 1. MOTION: Member Johnson MOVED to recommend approval of the Master Development plan for commercial center, 0V12-05-01, subject to the conditions specified in Exhibit A. MOTION DIED due to no second. MOTION: Member Kandetzke MOVED to recommend DENIAL of OV 12-05-01, Master Development Plan for commercial center,finding that the plan itself doesn't really give the information needed about the property or what we are being asked to approve. Member Panas SECONDED motion. Motion carried 4-0. 2. CONTINUED ITEM, OV12-05-01, THE ACACIA GROUP, REPRESENTING CAPE CORAL LAND CO., REQUESTS APPROVAL OF A MASTER LANDSCAPE PLAN FOR A COMMERCIAL CENTER, LOCATED IN PROXIMITY TO THE SOUTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, DIRECTLY SOUTH OF THE CIRCLE K, PARCEL 225-14-166B F:\MTNUTES\DRB\2006\02-16-06 Minutes.doc Approved 03-14-06 2/16/2006 Development Review Board Minutes Page 6 of 11 Applicants Brad Gephart, co-manager of Cape Coral Land Company, 1730 North Tucson Boulevard, presented. Mr. Gephart asked if he would be allowed to go back and address the last issue. Member Zinkin told him it wouldn't do any good. Mr. Gephart stated that applicant submitted a revised Landscape Plan which met staff requirements and now sought approval of that, even if they have to revisit the issue of the Master Development Plan. Applicant designed a master plan because applicant has tried to sell the property as a single use piece for 20 years and the market is not there. Attorney Andrews interrupted by pointing out that this was going back into the previous item, and explained that . each item has to be dealt with separately under the Open Meeting Law. John Hucko, Acacia Group Landscape Architects and Planners,presented the revised landscape plan, which now includes 45 trees across the east bufferyard. Another condition, to have the tree canopies touching for ultimate screening, has been done. The landscaping on both sides of the 5 foot screen wall meets the needs of the homeowners. Member Kandetzke asked how long it would take the trees to provide a canopy. Mr. Hucko replied that the 24"box-size mesquites and acacias would achieve the touching canopy height in two growing seasons. Member Kandetzke asked if Mr. Hucko would have anything to do with the ongoing maintenance. Mr. Hucko said personally would not;his company would ensure that plantings are done per the plans, and then maintenance would be entirely up to the owner. David Ronquillo stated that staff recommends approval of the Master Landscape Plan,based on the revised site plan that the applicant submitted,with the conditions included therein. Member Kandetzke asked if the recommendation in the staff report was null and void, and if staff was recommending approval,instead of continuance. Mr. Ronquillo replied that was correct, based on the revised plan,that would change to a recommendation of approval. Bayer Vella pointed out that DRB's denial of the Master Development Plan has practical implications on the Landscape Plan and asked the Board to keep that in mind. If the Development Plan ends up changing dramatically once revised by Town Council, that would necessitate additional review of the Landscape Plan. MOTION: Member Kandetzke MOVED to continue OV 12-05-01, Master Landscape Plan and(based on Mr. Joe Andrews' legal recommendation that the continuance be indefinite due to the fact that in this item would have to be re-noticed if it were to come back based on what comes from the Town Council)then modified the MOTION to continue indefinitely. Member Johnson SECONDED. Motion carried 4-0. F:\MINUTES\DRB\2006\02-16-06 Minutes.doc Approved 03-14-06 2/16/2006 Development Review Board Minutes Page 7 of 11 3. OV13-06-06, GANSLINE ARCHITECTS REQUESTS APPROVAL OF ARCHITECTURE PLANS FOR THE "SHOPPES AT ORACLE" COMMERCIAL DEVELOPMENT; LOCATED AT 8600 NORTH ORACLE ROAD IN PROXIMITY TO THE SOUTHEAST OF ORACLE ROAD AND HARDY ROAD; PARCELS 225-13-005C AND 225-13-006B. Applicant Bill Gansline, project architect, said the Development Plan was previously approved by the DRB. He presented an overview, conceptual plans, elevations, and a sky view. Project consists of three buildings. Materials are a metal standing seam copper roof, natural stone, matching stone veneer, concrete masonry Hacienda Block. There are two separate colors and glass fronts. There are overhangs, an outside patio, two covered pedestrian areas, and an identification tower. Planner Pamela Holt introduced the staff report into the record. She emphasized that the elevations don't clearly depict the non-linear design of the buildings. The building juts in and out, adding visual interest to the front of the building. At the back of the building, the alternately colored stucco helps provide visual interest and helps break up the visual mass. Staff recommends approval of the architectural plans Member Panas asked if something further could be done to break up the back,with either pattern or color. Ms. Holt deferred the question to the applicant, who said they could do what DRB liked,but pointed out this is the rear of the shopping center, where there will be electrical panels, gas meters, loading zones, trucks, and dumpsters. The south part of this property is going to be cut into the hillside about 10 feet and be below grade because the property slopes from the south to the north. One is not going to see much of the back of the building from that southeast house. The houses on the northeast are looking at the north side of the project,which is the restaurant component with the sloped roof and glass. The middle part of the shopping center, which is recessed in the site plan, has no view from any neighbors because there is a wash there. In addition, we have the 5' — 8' screen wall, and a lot of mitigation,which includes the landscaping. Member Panas asked how high the towers were and if they were within the allowable heights. Ms. Holt said one is 38.75' high and the other is 41' high. The permitted building heights for this area are 25' per the zoning and the Planning and Development plan, and the towers are permitted under the code as architectural elements and are permitted to exceed the permitted building height. Mr. Vella added that it does meet code, and that it is within the purview of the DRB to determine whether it's within the design and scale of the rest of the building. Member Panas commented that it just looked really high. Member Johnson asked what the grade change was from the residential first floor to the shopping center. Ms. Holt replied that when one is standing directly across the wash, at the two homes adjacent to the homes, one is standing at the same grade. As to what happens after the improvement plans, she couldn't say, and deferred this question to the applicant. Applicant said the house to the north is going to be very close to the same grade as the finished elevations of our project. The house to the south will be above the grade level of the project. With regard to the issue of towers heights, there is a section in the commercial section of the Oro Valley Code that encourages towers F:\MTNUTT S\DRB\2006\02-16-06 Minutes.doc Approved 03-14-06 2/16/2006 Development Review Board Minutes Page 8 of 11 and other elements to break up the horizontal mass along elevations. It doesn't just permit, it uses the word"encourage." MOTION: Member Kandetzke MOVED to approve OV 13-06-06,the Shoppes at Oracles, request for approval of commercial architectural review, subject to the condition described in Exhibit A. Member Johnson SECONDED motion. Discussion: comment from Member Panas that he would like to see the tower a little bit smaller. Member Zinkin acknowledged that it is hard to envision the height of the tower, but pointed out that it does add interest. Motion carried: 3-1 (Panas opposed). 4. OV12-05-25, THE WLB GROUP, REPRESENTING PEPPERVINER HOMES INC., REQUESTS APPROVAL OF A PRELIMINARY PLAT FOR A 69 LOT SUBDIVISION WITHIN ROONEY RANCH AREA Z, LOCATED ON THE SOUTHEAST CORNER OF NARANJA DRIVE AND FIRST AVENUE, PARCEL 220-09-0160 Applicants Rob Longaker, of WLB Group, 4444 East Broadway Blvd., Tucson, Bill Viner and Richard Barna (Construction Manager for Pepper Viner, 11153 North Poinsettia, Oro Valley) of Pepper Viner Homes, and John Holly, Civil Engineer with WLB Group, presented. Project encompasses 77 acres, and consists of 69 homes in a high-end, gated, single family residential community with 2 recreation areas and undisturbed natural open space across two thirds of the project. Applicants displayed a scale model of the project. Staff report currently allows for eleven 2- story homes. Applicants are asking DRB to consider request to build six additional 2-story homes, for a total of seventeen 2-story homes. This issue centers on a visibility clause in the Zoning Code, which restricts houses visible from First Avenue to single story. When staff did their analysis, they learned there are some places along First Avenue where you can see into the project. Applicants feel these are fairly small windows that, and as one drives by, don't offer very good glimpses of the property. Applicants' request is to build three 2-story homes on Lots 5-9. Applicants also ask that Lots 44-53, which closely approximate the lots that in the Zoning are restricted to single story, be restricted to single story. Applicants pointed out some alternative sights for 2-story homes. Applicants said that the distance between First Avenue and the project takes the visual characteristics of any 2-story home almost out of play. Bill Viner, 4121 N. Camino Arco, Tucson, Arizona, summarized that applicant is asking for six additional 2-story homes. Staff had congregated them all in one area. Applicants wants some of the 2-story homes in the area to the back of the project to, so that they are not all in the same area, and would like to increase that number by six, to make the project more viable. F:\MINUTES\DRB\2006\02-16-06 Minutes.doc Approved 03-14-06 2/16/2006 Development Review Board Minutes Page 9 of 11 Member Kandetzke asked if applicants had discussed these recommendations with staff and was agreement reached. Applicant clarified that applicants and staff are not in full agreement. Attorney Andrews interjected that under the "viewable from First Avenue" analysis that there is possibly some gray area. A legal problem arises if there is a request to rezone at the DRB level. If the zoning restricts 2-story homes, making an interpretation at the DRB level is a problem. The determination on zoning is generally made at the staff level. If there's something that the applicant disagrees with, they should go out with staff and find out is it or is it not viewable, and if they need a second story on certain lots,that requires rezoning and is not something that would come to DRB. Member Panas referred to the entrances, one of which comes off of the dead end at the stop light, and asked if the stop light would be built through off of Lambert. Applicant said that it would. Member Panas asked how far away the second entrance off of First would be to the stop light, and if there was a plan for an additional traffic signal there also. Applicant said is it approximately 1,200 feet. Paul Kessler interjected that there were no plans to install a traffic signal at that particular juncture, as it would put the two traffic signals to close together. Member Panas asked if the second entrance off of First would that go all the way through the neighborhood, and if traffic jams were anticipated. Applicant said that anyone living in the community would have access at either entrance. Paul Keesler said the applicant and staff worked out the issues with the two entrances, and with circulation within. Member Zinkin asked if, at the entrances off of Lambert, a school bus would be able to get in and make a U-turn and get out so that it doesn't have to stop on First Avenue for schoolchildren. Applicant said both entrances were designed to accommodate large vehicles such as school buses. Member Johnson asked applicant to run through the lot numbers to indicate which ones have been approved for 2-story. Applicant said Lots 1-4 would be one story. Lots 5 through 9, three of those would be 2-story. Attorney Andrews added that a determination would need to be made to ensure that those are not viewable from First Avenue. Applicant identified an additional four lots, Lots 66 through 69, 56 through 59, 32, 37, and 38;these are already allowed. Member Johnson asked what was relevant to seeing the houses from First Avenue. Attorney Andrews clarified that the zoning just says "viewable from First Avenue"meaning that if one is on First Avenue and you can see it it, it is viewable. Member Johnson asked if staff could identify those areas that on this site are completely allowable for the 2-story houses, and then point out the gray area and get down to the ones that are strictly for a zoning variance. Mr. Bayer Vella said that the staff report identifies all of the lots that are visible from First Avenue. The only discretion here in whether or not they are viewable from First Avenue. The staff report provides a description of the methodology used to determine if it's visible Member Zinkin said that Lots 66, 67, 68, and 69 are going to allow 2-stories anyway, that's not restricted. Fifty-six through 59 isn't restricted in Exhibit A, but 5 through 9 are restricted to one F:\MINUTES\DRB\2006\02-16-06 Minutes.doc Approved 03-14-06 2/16/2006 Development Review Board Minutes Page 10 of 11 story. The only debate is on Lot 5 through 9. Member Zinkin asked which other lots applicants wanted as 2-story. Applicant replied that they were asking for three more, but they haven't identified which ones, and pointed out to the area in the middle of the project. Member Zinkin said DRB needed more specifics. Mr. Viner clarified that applicant was trying to obtain permission for a maximum of seventeen 2-story lots. A lot of these potential 2-story houses will be driven by the customers' wishes, who might prefer to have a one-story home. Applicant wouldn't build more than any two 2-stories in a row. Member Zinkin said he cannot see how DRB can make a decision to allow a 2-story home potentially visible from First Avenue if we don't know where that home is going to be. Mr. Vella interjected that to a degree a portion of this discussion is esoteric. The zoning requirement is a "shall." To receive a waiver from that, applicant has to go back to the Planning and Zoning Commission and Town Council to allow lots that are viewable from First Avenue to be 2-story. Member Zinkin asked if that waiver request should be done prior to applicant coming to DRB. Mr. Andrews said that was correct. Mr. Vella said this was a legal,rather than a policy, issue. Member Kandetzke offered a suggestion that DRB determine what is and is not visible. If the lot is visible it means a zoning waiver or change. If it isn't visible, applicant can proceed. If lots fall into discussion between applicants and staff,that should be revolved at the proper level of authority, not at DRB. Applicant said one of the things they would ask, if appropriate, is that there be a caveat on the staff recommendation that the plan would be able to move forward with 2-story homes on those designated lots, if it was determined by staff prior to issuance of a building permit or the final plat, that they were not visible from First Avenue. Member Kandetzke asked Mr. Andrews if DRB had the authority to do what applicant is asking. Mr. Andrews said that has already been done. If it is not visible from First Avenue, there is not a problem. If it is visible from First Avenue there is a problem. The Code is a "shall." Anything that is visible from First Avenue,under the Zoning Code,would require a zoning change. Member Kandetzke asked Mr. Vella if he and the applicant were in agreement with what is visible and what is not. Mr. Vella replied there has not been a discussion about that,but that the staff report would shed some light on this issue, as it would explain how the site was tested. If it comes down to an issue to which lots remain that the staff and the applicant are disagreeing about, then we may add conditions specific to those few lots or give staff direction to do further testing. Applicant pointed out that he didn't know if staff analyzed every lot. Mr. Vella said that staff had not. Applicant pointed out that it has been analyzed pre-grading. It might be more appropriate for staff to analyze after the grading, and go out, lot by lot, and identify which lots can be seen. Paul Keesler pointed out that Public Works would not be able to issue a Type II Grading Permit in order to conduct the grading for this site that would necessitate this testing without prior approval of the preliminary plat and the final plat and the improvement plans. There is no guarantee that the ultimate improvement plans will be graded at the exact same level. F:\MINUTES\DRB\2006\02-16-06 Minutes.doc Approved 03-14-06 2/16/2006 Development Review Board Minutes Page 11 of 11 Bill Viner suggested that, rather than restricting homes which may or may not visible from First Avenue, a possible solution would be a recommendation from the DRB (adhering to the zoning conditions) that if those lots are visible from First Avenue (based on a field trip by staff and the applicant after grading), the planning, tentative plat and development plat processes could continue, and if it is agreed lots are not visible, Applicant could build 2-story homes on those specific lots. Planner David Ronquillo introduced the staff report into the record and presented a general location map and a project overview. He described the methodology used to determine if a particular area of the project was visible from First Avenue. Overall, the project meets all the code requirements, and staff recommends approval of the preliminary plat with the conditions in Exhibit A, which includes the restriction on the lots that,based on our analysis, are visible from First Avenue. Attorney Andrews said staff might have potentially worked up an alternative condition to help meet the applicants' needs and also comply with the zoning without having to go back for a rezoning. Mr. Bayer offered the following alternative wording: "Prior to issuance of any building permits,the Planning&Zoning Administrator must determine which lots (not lot areas specifically addressed as part of the rezoning) are `viewable' from First Avenue as provided in OV9-03-03. All `viewable' lots are restricted to one story." Member Zinkin asked how that language be incorporated into Exhibit A. Mr. Vella recommended replacement of the language in Item#1 with the proposed language. Member Zinkin asked applicants if that was agreeable to them. Applicants said it was. MOTION: Member Kandetzke MOVED to recommend approval of OV 12-05-25, preliminary plat for Rooney Ranch Area Z, Lots 1- 69, with the conditions listed in Exhibit A, replacing Item # 1 with the following: "Prior to issuance of any building permits, the Planning & Zoning Administrator must determine which lots (not lot areas specifically addressed as part of the rezoning) are `viewable' from First Avenue as provided in OV9-03-03. All `viewable' lots are restricted to one story." Motion SECONDED by Member Johnson. Motion carried 4-0. ADJOURNMENT MOTION: Member Panas MOVED to adjourn the February 16, 2006, Development Review Board Meeting Regular Session at 7:50 p.m. Member Johnson SECONDED the motion. Motion carried 6-0. Prepared by: Arinda Asper Office Assistant F:\MINUTES\DRB\2006\02-16-06 Minutes.doc Approved 03-14-06