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HomeMy WebLinkAboutMinutes - Development Review Board - 3/13/2007 MINUTES ORO VALLEY DEVELOPMENT REVIEW BOARD REGULAR SESSION March 13, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER at 6:00 p.m. ROLL CALL PRESENT: Mike Zinkin, Chair Marc Panas, Vice-Chair Harold Kandetzke Shelley Solomon ABSENT: None. Members Gribb and Buette are absent. Member Leska is excused. PLEDGE OF ALLEGIANCE Review and approval of the February 13, 2007 and February 27, 2007 Development Review Board minutes. MOTION: A motion was made by Harold Kandetzke and seconded by Shelley Solomon to approve the minutes as submitted. MOTION carried, 4-0. CALL TO AUDIENCE Chairman Zinkin moved item 4 to be heard as the first item on the Regular Agenda. 4. OV12-05-24, Engineering Design Associates, representing Lodestone Builders, requests approval of a preliminary plat of a 4-lot subdivision, located two parcels south of Calle Concordia and on the west side of Oracle Road. The subdivision consists of 4 one-story single family attached townhomes. The zoning for the site is R-S. If you have any questions about this matter, please contact Jill Manion-Farrar, Planner, at (520) 229-4814 or jmanion-farrarorovaIIey.net. J.R. Cook, one of the owners of Lodestone Builders, 2440 W. Guiltalpha Road. The Applicant is present and reviewed the location, site plan, features, drainage and open space. The applicant stated that all of the new utility infrastructure will be buried and the existing utilities will stay as is. The Applicant reviewed additional approvals that will be presented to the DRB at a later date. Member Solomon asked if the changes on the Development Plan and on Exhibit A have been implemented. The Applicant affirmed. The applicant stated to the DRB that because the neighbors did not want noise and lighting there will not be a recreation area, instead the area will only be open space. The developer will pay the in lieu fee and the park nearby will be utilized instead. Jill Manion-Farrar presented the staff report into record. The area is zoned for this type of development. Mrs. Farrar reviewed the site plan, buffer yard requirements and the general plan. Staff recommended approval with the conditions listed in Exhibit A. Paul Keesler, Engineering Division Manager, reviewed the drainage basin and stated that pipes under the alleyway will allow the drainage that is necessary into the existing wash. Mrs. Farrar stated the applicant will follow all of the mitigation requirements per the Native Plant Preservation Plan (NPPO). Mr. Keesler stated that the median at Oracle Road cannot be modified because of the proximity to the south; this will be a right in, right out. Mr. Keesler informed the DRB that safety issue was not evaluated because it is not in the control of the Town to change. If this access is not allowed, the parcel becomes land locked. MOTION: A motion was made by Marc Panas, Vice-Chair and seconded by Shelley Solomon to approve OV12-05-24, Engineering Design Associates, representing Lodestone Builders subject to the conditions listed in Exhibit A. The discussion continued with concern expressed about the safety of the turn around and traffic flow. Mr. Keesler informed the DRB that the Arizona Department of Transportation has tentatively approved this development. MOTION carried, 4-0. Let the record show that Member Scott Leska has joined the meeting already in progress. 1. OV13-07-03, The WLB Group, Inc. requests approval of commercial architecture for a Temporary Modular Information Center at the future "Lodge of Vistoso" site, at the northwest corner of Rancho Vistoso Boulevard and Vistoso Highlands Drive. The application is for a temporary modular Information Center for the future "Lodge at Vistoso" condominium hotel. If you have any questions about this project, contact Pamela J. Pelletier, Planner at 229.4813 or ppelletier@orovalley.net Steve Oliverio WLB Group 4444 E. Broadway in Tucson, representing Fairfield Homes. The applicant stated that the staff report and the conditions of approval and have no objections or questions. Discussion of a different type of temporary building began with DRB Members expressing concern over the look of the building and possibly enhancing the buildings appearance. The Applicant stated that once the initial house is built the sales and information office will be moved into the house. The reflectivity of the paint is discussed and staff pointed out this issue is addressed in Exhibit A item 3. Pamela Pelletier, Planner, presented the staff report and enters two color palettes into record. Mrs. Pelletier reviewed the color palette and elevations and stated that staff recommends approval with the conditions listed in Exhibit A. Bayer Vella, Principal Planner, explained that in a typical scenario a temporary unit such as this would not come to the DRB for review and approval. In this particular case, the applicant is requesting the temporary accessory before the development plan and preliminary plat. MOTION: A motion was made by Harold Kandetzke and seconded by Scott Leska to approve OV13-07-03, subject to the conditions listed in Exhibit A. MOTION carried, 3-2 with Mike Zinkin, Chair, and Marc Panas, Vice-Chair opposed. 2. OV13-07-05, Pulte Homes, Owner and applicant, requests approval to amend models 2100, 2145, 2631, 2839, 1563, 1789, and 1902 for Rancho Vistoso Neighborhood 10, Parcels B&C, located north the intersection of La Canada Drive and Moore Road. The applicant is requesting to make the required front courtyards an optional feature. If you have any questions about this project, contact Jonathan Lew, Planning Technician at 229-4853 or at jleworovaIley net. Gene Wailk, Pulte Homes, 6893 N. Oracle Road Ste. 121 Tucson, AZ 85710. The Applicant reviewed the different lot layouts and explained that Pulte Homes would like to make the wall in the courtyard area an option. Member Panas expressed concern that the DRB has reviewed this twice before and questioned what has brought the design change. The Applicant responded that the housing market has changed and the house cost needs to come down. Member Kandetzke questioned the possibility of inconsistency of the neighborhood if the courtyards became optional. Chairman Zinkin reminded the Applicant that the courtyard was used as a way to mitigate the fact that the garage was over 50% and therefore did not meet Town code. The Applicant responded to Member Solomon and confirmed that the garage is 50% of the face of the house and the wall is 2 1/2 feet tall. The Applicant explained to the DRB that the decorative features of the front facade would not be removed. Bayer Vella, Principal Planner, introduced the staff report into record on behalf of Jonathan Lew. Mr. Vella gave a brief history of the development. Bayer Vella explained to the DRB that the garage style will not change. The issue is having a courtyard or not. MOTION: A motion was made by Scott Leska and seconded by Marc Panas, Vice-Chair to deny OV13-07-05, because of non-compliance. MOTION carried, 4-1 with Shelley Solomon opposed. Chairman Zinkin moved item 5 to be heard next. 5. 0V12-04-30D, David Malin, representing Vestar Development Co., requests approval of a hardscape - landscape plan for a 114 acre shopping center known as the Oro Valley Marketplace, located within Rancho Vistoso Neighborhood 4 at the southwest corner of the Tangerine and Oracle Road intersection. The plans include landscaping and hardscape for specific buildings. If you have any questions about this matter, please contact Bayer Vella, Principal Planner, at (520) 229-4810 or bvella@orovalley.net. David Malin, Vestar Development Company, 2425 E. Camelback Road in Phoenix. Mr. Malin introduced Mr. Hardy Laskin as the Landscape Architect. Mr. Malin stated the submittal exceeds the Towns codes and ordinances. Hardy Laskin, Laskin and Associates, 5112 North 40th Street, Phoenix Arizona. Mr. Laskin presented an overview of the Oro Valley Market Place and a brief history. The Master Landscape Plan and Landscape Plan Features were reviewed. Inline Building Landscape Group 1 hard scape and landscape Group 2 hard scape and landscape Group 3 hard scape and landscape Plant Material Palette Materials Board Transit stop and trail head hard scape and landscape Member Leska asked if the paver stones would be used in the roadways or walkways. The Applicant responded that the pavers would be utilized in the walkway areas. Bayer Vella, Principal Planner, introduced the staff report into record. Mr. Vella informed the DRB that the applicant has exceeded the commitment and expectations of the Town's code. There is no development that has this type of landscape and hardscape in Southern Arizona. Mr. Vella stated that this plan is in absolute compliance with the general plan. MOTION: A motion was made by Marc Panas, Vice-Chair and seconded by Harold Kandetzke to approve OV12-04-30D, subject to the conditions listed in Exhibit A. MOTION carried, 5-0. Recess at 7:25PM Reconvened at 7:35pm 3. 0V9-06-01, Norris Design, representing The Johansen Group, LLC., requests relief from two provisions of ORSCOD: Section 24.5 D 1 d and Section 24.5 D 1 e for the property located on the east side of Oracle Road and south of Calle Diamante. The applicant is requesting relief from the one hundred foot (100') ORSCOD Significant Vegetation requirements. The site is currently zoned R1-144 and the subject of a pending rezoning request to C-N Neighborhood Commercial. The site is approximately 57,479 SF or 1.32 acres. If you have any questions about this project, contact Pamela J. Pelletier, Planner at 229.4813 or ppelletier@orovalley.net Stacy Weeks, Norris Design, 418 N. Toole Ave. The Applicant gave an overview of the proposed location of the development The Garden Gate. The proposed development would be a landscape design and installation company. They will have an indoor and outdoor studio. The Applicant has met with Sunnyslope Town Homes HOA and they approved of the use for the site. The Applicant reviewed the ORSCOD sections that they seek relief from. The Applicant continued and reviewed the proposed landscape plan, design center and the impact to the vegetation Member Kandetzke asked what the affect would be if the proposal was not approved. The Applicant responded that they have no other options for a building location because of the setback requirements. Mr. Kandetzke continued and asked how long the applicant has owned the property. Mr. Trevor Johansen, owner, 5741 N Placita Asibo, responded that he has owned the property for about a year and that he was not aware of the 100 foot setback requirement. Mr. Johansen stated that the affect of a denial would mean that he would not have the ability to develop the property. Mr. Kandetzke asked the Applicant if consideration has been given to reducing the size of the building. The Applicant responded that the size as it is now has been reduced and the current proposed size is needed to allow for designers and to generate a certain level of business. Chairman Zinkin asked how much significant vegetation would be affected. The Applicant responded that it would be one tree. The other significant vegetation is in the access area that is locked in by ADOT. The building will only remove 2 plants. Pamela Pelletier, Planner, introduced the staff report into record. Mrs. Pelletier discussed the zoning of the site. Mrs. Pelletier explained why the applicant chose to come before the DRB and explained that this would only be one step in the process of gaining re-zoning. Mrs. Pelletier stated recommendations from staff and informed the DRB that this proposal meets the intent of ORSCOD and staff recommends approval with the conditions listed in Exhibit A. Member Leska asked if the development is approved and the developer decides not to move forward with the plan what would happen to the approval. Staff responded that only this development would be allowed to use the approval, it would not be transferable. Bayer Vella added that this issue as been to the DRB only one other time and that if there was a different design you likely would have a different staff recommendation. Member Kandetzke asked what could be built on this parcel if the current proposal was denied. Joe Andrews, Civil Attorney, responded that the site is not large enough to allow a house to be built according to code. Member Leska asked staff how this parcel became non-conforming. Mr. Andrews responded that this parcel is a remnant left over from other rezonings over time. Mr. Zinkin asked that the record show Mr. Kandetzke got a happy face for his question. Bill Adler, 10720 N. Eagle Eye Place. Mr. Adler expressed concern for the proposed development. Mr. Adler felt the discussion was perverse and reminded the DRB what he felt their responsibilities were. Member Panas responded to Mr. Adler and stated that the DRB Members know what responsibilities they have. Mr. Panas also reminded Mr. Adler that he continually berates the board and he wished to go on record that he does not appreciate it. Mr. Adler continued and stated that a development is to be built to the land, not to re-configure the land to accommodate a project. Mr. Adler expressed concern for the scenic corridor and the 100 foot setback. MOTION: A motion was made by Scott Leska and seconded by Mike Zinkin, Chair to approve OV9-06-01, subject to the conditions listed in Exhibit A. Member Leska asked staff to clarify what the minimum setback from Oracle Road would be if there was no significant vegetation. Mrs. Pelletier responded that the setback would be 30 feet. Paul Keesler, Development Review Manager, stated there are traffic setback requirement for a 50 mile an hour road it must have a 30-35 foot setback. Joe Andrews, Civil Attorney, reviewed the ORSCOD requirement with the DRB. Mr. Leska stated that he would prefer to have a commercial business in place that is producing sales tax for the town. MOTION carried, 3-2 with Marc Panas, Vice-Chair, and Shelley Solomon opposed. Chairman Zinkin moved item 7 to be heard next. *7. Kimberly Pacheco on behalf of Scotia Group Management, request DRB approval of an exterior paint color change for the Catalina Crossing apartments. The Catalina Crossing apartments are located at 9095 N. Oracle Road, 1/3 of a mile north of Hardy Road. Ed Hansen, owner, 602 E. Silvercloud Place. Mr. Hansen purchased the property in the middle of February and it was built in 1985. The property has never been repainted and it was decided to modernize the color. Mr. Hansen showed slides of the current color and the proposed color. Bayer Vella, Principal Planner, presented the staff report into record. Mr. Vella showed slides of the existing color scheme and a slide of the proposed colors. Staff recommended approval of the color change with the conditions listed in Exhibit A. Member Leska asked what the reflectivity value of the current color was. Mr. Vella was unsure of the value but stated the current color would have a higher reflectivity because of the light color. The proposed color is a darker color and therefore would have a lower reflectivity. Mr. Vella added that if the proposal was approved Staff would ask for verification of the reflectivity to be added as part of Exhibit A. MOTION: A motion was made by Harold Kandetzke and seconded by Scott Leska to approve OV 13-0707, subject to the conditions listed in Exhibit A. MOTION carried, 3-2 with Mike Zinkin, Chair, and Marc Panas, Vice-Chair opposed. 6. Progress Report, Development Review Board Subcommittee Work Drafting Updated Rules and Operating Procedures A progress report will be provided. No action may be taken on this item. If you have any questions about this matter, please contact Bayer Vella, OV Principle Planner, at (520) 229-4810 or bvella@orovalley.net. Chairman Zinkin gave an overview of the meeting discussion regarding the DRB bylaws and informed the DRB that the committee will meet again on March 29, 2007. No action was taken. PLANNING AND ZONING UPDATE Matt Michaels, Senior Planner gave an update on Planning and Zoning activities. ADJOURNMENT at 8:55 p.m. MOTION: A motion was made by Marc Panas, Vice-Chair and seconded by Harold Kandetzke to adjourn. MOTION carried, 5-0. Respectfully submitted, Deanna Ruiz Recording Secretary