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  Item # 5.b.       
Meeting Date: 05/18/2011  
Requested by: David Williams
Submitted By: Matt Michels, Development Infrastructure Services
Department: Community Development & Public Works  

SUBJECT:
PUBLIC HEARING: ORDINANCE NO. (O)11-15 AMENDMENTS TO THE ZONING CODE AND TOWN CODE RELATING TO THE ESTABLISHMENT OF THE CONCEPTUAL DESIGN REVIEW BOARD AND CONCEPTUAL DESIGN REVIEW PROCESS, REPLACING THE DEVELOPMENT REVIEW BOARD AND ART REVIEW COMMISSION, INCLUDING PORTIONS OF CHAPTERS 21, 22, 23, 24, 25, 26, 27, 28, AND 31, OF THE ORO VALLEY ZONING CODE REVISED AND CHAPTER 3 OF THE TOWN CODE, OV711-03
RECOMMENDATION:
Staff recommends adoption of Ordinance No. (O)11-15 with the unanimous concurrence of the Planning and Zoning Commission (see Attachment #1 and Attachment #2, Exhibit "A").
EXECUTIVE SUMMARY:
On December 1, 2010, the Town Council took action to establish the Conceptual Design Review Board (CDRB), replacing the Development Review Board (DRB) and Art Review Commission (ARC).  The CDRB will review and make recommendations to Town Council for conceptual design, including conceptual site plans, conceptual architecture, and conceptual public art.  The Planning and Zoning Commission (P&ZC) held a public hearing on April 19, 2011, and recommended unanimous approval of the proposed Zoning Code and Town Code amendments.   Please refer to the April 19, 2011, and April 5, 2011, staff reports (see Attachments #3 and 4) for additional background and information regarding the proposed code amendments.
BACKGROUND OR DETAILED INFORMATION:
The creation of the new CDRB and design review process, approved by the Town Council on December 1, 2010, entails a comprehensive revision and, in some cases, rewriting of the Zoning Code and one section of the Town Code. All references to the DRB or ARC in the Zoning Code and Town Code have been replaced, stricken, or rewritten to reflect the new process and/or recommending or approval authority of the CDRB.

A three-member Council work group, composed of Councilmembers Gillaspie, Solomon, and Waters, have held (3) meetings to date to discuss and review the proposed code changes. In addition, the Legal Department has reviewed the code amendments. The attached code amendments integrate the Council work group and Legal Department’s edits and suggestions.

While many of the attached code revisions can be categorized as “clean up” (i.e. changing the name of the reviewing or approval body), some are more crucial to implementing the new design review process which is composed of two steps; conceptual design review and final design review. These more substantial sections include the following:

• Town Code-Chap. 3 Deletion of the DRB and ARC and creation of the CDRB
• Section 21.5 Scope and Authority of the CDRB
• Section 22.9 New Conceptual and Final Design Review Process; revised design review principles

A more detailed discussion of the aforementioned code sections as well as the highlights of the changes for each Zoning Code chapter are contained in the April 19, 2011, Planning and Zoning Commission report (see Attachment #4).

Planning and Zoning Commission Recommendations
The Planning and Zoning Commission and Metropolitan Pima Alliance (MPA) suggested several changes which staff concurs strengthen and clarify the ordinance. These suggested changes include:
  • Deletion of one occurrence of the term "community fit" in Section 22.9.D.2.F.
  • Addition of the term "preliminary" to building color palette in Section 22.9.D.2.b.ii  for conceptual architectural standards to allow some flexibility in the selection of colors for the final design.
  • Deletion of the subjective terms "minor" and "common sense" in Section 22.9.E.7 in reference to Planning and Zoning Administrator changes to approved plans based on the subjective use of these terms.
  • An additional criteria has been added to Section 22.9.E.7 ("F"), which states that the proposed change, "achieves the same intent as the approved conceptual design".
Further, an additional review of the draft code amendments for typos, grammar, and overall consistency and flow has been completed.
FISCAL IMPACT:
There is no fiscal impact associated with this amendment. Given the replacement of the DRB and the ARC, administration of the Conceptual Design Review Board is not anticipated to require additional Town staff resources.
SUGGESTED MOTION:
I MOVE to [adopt, adopt with conditions, or deny] Ordinance No. (O)11-15, revisions to Zoning Code and Town Code replacing the Development Review Board and Art Review Commission with the new Conceptual Design Review Board and conceptual design process, including portions of Chapters 21, 22, 23, 24, 25, 26, 27, 28, and 31, in the Oro Valley Zoning Code Revised and Chapter 3 of the Oro Valley Town Code, as shown in Attachment #2 (Exhibit "A").
Attachments
Ord 11-15
Att #2-Exhibit "A"
Att #3-4/5/11 PZC Report
Att #4-4/19/11 PZC Report


    

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