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MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION
July 7, 2020
MEETING HELD VIA ZOOM
             
REGULAR SESSION AT OR AFTER 6:00 PM
             
CALL TO ORDER

Chair Gambill called the meeting to order at 6:00 p.m.
             
ROLL CALL
Present: Celeste Gambill, Chair  
  Jacob Herrington, Vice Chair  
  Hal Bergsma, Commissioner  
  Neal Herst, Commissioner  
  Ellen Hong, Commissioner  
  Skeet Posey, Commissioner  
  Daniel Sturmon, Commissioner  
Staff Present: Michael Spaeth, Principal Planner
Tobin Sidles, Legal Services Director
Attendees: Melanie Barrett, Town Council Liaison
             
PLEDGE OF ALLEGIANCE

Chair Gambill recited the Pledge of Allegiance for the Commission and audience.
             
CALL TO AUDIENCE

Oro Valley resident Gary Bagnoche stated he had planned to speak regarding his objections to the proposed Rezoning and Conditional Use Permit request at Oracle Road and Suffolk Drive, but decided to wait until the case is before the Planning and Zoning Commission for consideration.
             
COUNCIL LIAISON COMMENTS

Council Liaison Melanie Barrett provided updates on past and upcoming Town Council meetings. She also advised the Town Council will be on summer break for the month of August.
             
REGULAR SESSION AGENDA
             
1. REVIEW AND APPROVAL OF THE JUNE 2, 2020 REGULAR SESSION MEETING MINUTES
  Motion by Commissioner Neal Herst, seconded by Commissioner Hal Bergsma to approve the June 2, 2020 meeting minutes as written.
  A roll call vote was taken:

Chair Gambill - Aye
Vice Chair Herrington - Aye
Commissioner Bergsma - Aye
Commissioner Herst - Aye
Commissioner Hong - Aye
Commissioner Posey - Aye
Commissioner Sturmon - Aye
  Vote: 7 - 0 Carried
             
2. DISCUSSION AND POSSIBLE ACTION TO INITIATE A ZONING CODE AMENDMENT TO UPDATE THE REQUIRED FINDINGS FOR A VARIANCE TO ENSURE COMPLIANCE WITH STATE LAW
  Principal Planner Milini Simms provided background on the request to initiate a code amendment to allow staff to review and update the criteria for variances. A recent case highlighted the need to review and update the five findings and ensure compliance with state law.

Discussion ensued between the Commission and staff.
  Motion by Commissioner Hal Bergsma, seconded by Vice Chair Jacob Herrington to initiate the zoning code amendment to update the required findings for a variance to be in compliance with State law.
  A roll call vote was taken:

Chair Gambill - Aye
Vice Chair Herrington - Aye
Commissioner Bergsma - Aye
Commissioner Herst - Aye
Commissioner Hong - Aye
Commissioner Posey - Aye
Commissioner Sturmon - Aye
  Vote: 7 - 0 Carried
             
3. CONTINUED ITEM: PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED CODE AMENDMENT TO THE NOISE ABATEMENT STANDARDS ONLY FOR NEW AND SPECIFIC LAND USE TYPES AND SEPARATION REQUIREMENTS FOR CONVENIENCE USES OF THE ZONING CODE
  Principal Planner Michael Spaeth provided a presentation that included the following:

- Purpose
- Part 1: Noise abatement - existing standard unreasonable
- Part 1: Noise abatement - background
- Part 1: Noise abatement - proposed amendment
- National standards
- Part 1: Noise abatement - scenario
- Part 2: Convenience use separation - convenience uses
- Part 2: Convenience use separation - proposal
- Part 2: Convenience use separation - scenario
- Summary and recommendation

Mr. Spaeth stated the consultant, Dr. Lance Willis was present and available to answer any questions.

Discussion ensued between the Commission, staff and Dr. Willis.
  Chair Gambill opened the public hearing.

There were no speaker requests.

Chair Gambill closed the public hearing.
  Motion by Vice Chair Jacob Herrington, seconded by Commissioner Daniel Sturmon to recommend approval of the proposed code amendment based on a finding it is in conformance with Vision, Guiding Principles, Goals and Policies of the General Plan.
  Discussion ensured among the Commission. An update to the motion was requested with a specific change related to school and park standards.

Legal Services Director Tobin Sidles advised the Commission that a separate motion needed to be made for the requested change, including a seconder, and that it must be voted on before the original motion is voted on.
  Motion by Commissioner Hal Bergsma, seconded by Commissioner Ellen Hong to recommend an amendment to the original motion and update Table 25-1.A in the proposed code amendment to reflect single-family residential, schools and parks all require the same standard.
  A roll call vote was taken:

Chair Gambill - Nay
Vice Chair Herrington - Nay
Commissioner Bergsma - Aye
Commissioner Herst - Nay
Commissioner Hong - Aye
Commissioner Posey - Aye
Commissioner Sturmon - Nay
  Vote: 3 - 4 Failed
 
OPPOSED: Chair Celeste Gambill
  Vice Chair Jacob Herrington
  Commissioner Neal Herst
  Commissioner Daniel Sturmon
  Mr. Sidles advised the original motion can now be voted on.
  Motion by Vice Chair Jacob Herrington, seconded by Commissioner Daniel Sturmon to recommend approval of the proposed code amendment based on a finding it is in conformance with Vision, Guiding Principles, Goals and Policies of the General Plan.
  A roll call vote was taken:

Chair Gambill - Aye
Vice Chair Herrington - Aye
Commissioner Bergsma - Nay
Commissioner Herst - Aye
Commissioner Hong - Nay
Commissioner Posey - Nay
Commissioner Sturmon - Aye
  Vote: 4 - 3 Carried
 
OPPOSED: Commissioner Hal Bergsma
  Commissioner Ellen Hong
  Commissioner Skeet Posey
             
PLANNING UPDATE (INFORMATIONAL ONLY)

Principal Planner Michael Spaeth provided an update on the next Commission meeting scheduled for August 11, 2020.
             
ADJOURNMENT
  Motion by Vice Chair Jacob Herrington, seconded by Commissioner Skeet Posey to adjourn the meeting.
  Chair Gambill adjourned the meeting at 7:16 p.m.
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Planning and Zoning Commission of Oro Valley, Arizona held on the 7th day of July, 2020.  I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 8th day of July, 2020.
 

___________________________
Jeanna Ancona
Senior Office Specialist

    

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