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  Item # 2.b.       
Meeting Date: 04/17/2013  
Submitted By: Matt Michels, Development Infrastructure Services
Department: Community Development & Public Works  

Information
SUBJECT:
PUBLIC HEARING: ORDINANCE NO. (O)13-03, APPROVING THE TOHONO CHUL PARK PLANNED AREA DEVELOPMENT, ATTACHED HERETO AS EXHIBIT “A” FOR 48.5 ACRES LOCATED ON THE NORTHEAST CORNER OF INA ROAD AND PASEO DEL NORTE

RECOMMENDATION:
The Planning & Zoning Commission recommends approval of the proposed PAD, as shown in Attachment 2, subject to two minor amendments to Section II.C.1, Site Development Standards.  The proposed amendments are shown in Attachment 3.
EXECUTIVE SUMMARY:
The Town is pursuing annexation of an area along its southern border, including Tohono Chul Park.  As part of the effort to annex Tohono Chul Park (TCP), a Planned Area Development document has been developed to ensure that their long-term master plan can be achieved and their development rights currently enjoyed in Pima County are preserved.  

As one step in the annexation process, Town zoning must be applied to areas that are annexed.  If the property is successfully annexed, the Town is required to adopt Town zoning that is as close to the existing County zoning as possible.  This is referred to as translational zoning. This item on tonight's agenda helps complete town preparations for this annexation.  Tohono Chul requested the PAD be reviewed prior to final annexation action.  The subsequent translational zoning for Tohono Chul Park upon annexation will be to PAD zoning.  Formal action on the translational zoning will be scheduled following annexation completion.

The TCP PAD district consists of approximately 48.5 acres of property at the northeast corner of Ina Road and Paseo del Norte. TCP has developed a long-term master plan to expand and grow within their existing boundaries. This master plan envisions expansions totaling about 21,000 square feet.  The PAD includes a Conceptual Site Plan depicting the proposed Park master plan as well as proposed development standards and sign standards.

The PAD base zoning is the Parks and Open Space zoning district (see Attachment 5 for base zoning standards), with specific modifications that will be discussed in this report. If approved, the PAD document will serve as the primary zoning document, with the Town Zoning Code prevailing where the PAD is silent. If the PAD is approved, new development will be subject to administrative review and approval.

The Planning and Zoning Commission held two public hearings; on September 18 and October 2. The Commission recommends approval subject to two minor amendments to Section II.C.1 of the PAD. 
BACKGROUND OR DETAILED INFORMATION:
Site Conditions
  • Property is approximately 48.5 acres
  • Oro Valley General Plan designation is Park (P). Note: Although the property is outside of Town boundaries, it is within the Town’s planning area.
  • Pima County Zoning is CR-1 (Single Residence Zone) and CB-1 (Local Business Zone)
  • Property is developed as a park and botanical garden with a number of accessory uses, including restaurant, educational facilities, gift shop, and administrative offices
  • Pima County has permitted the continued expansion of the Park under a non-conforming use permit
  • Master plan includes new or upgraded facilities, including the visitor center, park entrance, administration building, performance garden and stage, and other expansions of existing facilities
Proposed Improvements
  • Approx. 20,999 s.f. of additional structures, including additions, remodels a new performance garden, exhibit house patio, and other improvements (see Section II.A.1 of the PAD for additional details)
  • Other improvements include new pathways and trails, a children’s ramada, a catering area, and additional parking
Please refer to the attached 9/18/12 PZ Commission report (Attachment 6) for additional background information.

ANALYSIS OF PROPOSED PAD

Section 24.4 of the Zoning Code provides the requirements for new PADs, including General Plan conformance and specific criteria required for PAD approval. A full analysis of the Zoning Code criteria is contained in Attachment 3. Following is a discussion of the proposed underlying zoning district and proposed modifications thereto.  Please refer to the 9/18/12 PZ Commission report (Attachment 6) for a detailed discussion of the proposal.

UNDERLYING ZONING DISTRICT
According to the Zoning Code, all PADs shall include underlying zoning designations. The Tohono Chul Park PAD proposes a single zoning district based on a modified POS (Parks and Open Space) zoning district. The Park proposes several modifications to the base POS zoning standards to maintain development rights enjoyed in Pima County.

SIGNAGE
TCP has requested specific permanent and temporary sign standards to aid in the promotion of the Park and its programs and events (see Section II.C.4 of the PAD). The PAD would be subject to the Town Sign Code (Chapter 28) with several exceptions, including provisions for:
  • Festival Banner Signs
  • Special Event Banners
  • A-Frame Signs
In sum, staff supports the proposed development standards as they serve to promote the long-term growth and expansion of an important regional asset while maintaining reasonable development standards that do not negatively impact the community. The unique aspects of the Park, including the role it would play in enhancing tourism and bolstering community image for the Town, justify the additional latitude requested.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to adopt Ordinance No. (O)13-03, APPROVING THE TOHONO CHUL PARK PLANNED AREA DEVELOPMENT, and subject to the conditions in Attachment 3, finding that:
  • All applicable General Plan criteria are met
  • Required PAD findings are met
  • PAD standards preserve character of the park
  • PAD maintains zoning entitlements enjoyed in Pima County

 

OR

I MOVE to deny Ordinance No. (O)13-03, APPROVING THE TOHONO CHUL PARK PLANNED AREA DEVELOPMENT, finding that the PAD does not meet all Zoning Code requirements.

Attachments
Attachment 1 - (O)13-03 Tohono Chul Park PAD
Attachment 2 - Exhibit A
Attachment 3 - PZC Conditions of Approval
Attachment 4 - PAD Analysis
Attachment 5 - POS Standards
Attachment 6 - 9/18/12 PZC Staff Report
Attachment 7 - 10/2/12 PZC Staff Report


    

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