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