A. EXISTING CONDITIONS AND CONTEXT
Land Use Context
The General Plan land use designation for the property is Master Planned Community (MPC). This designation represents areas where comprehensively planned developments are intended. As stated previously, this project was the subject of an extensive public input process during the preceding General Plan Amendment which resulted in the Long Range Conceptual Master Plan (Attachment 4) and Special Area Policies (Attachment 5).
The existing zoning for the property is R1-144 which accommodates large-lot detached single-family residential development.
The land use designation and zoning for the property and the surrounding area is provided in Attachment 7.
Site Conditions
- 207 acres
- Property is vacant. However, the site surrounds the existing Casas Adobes Baptist Church
- Characterized by several wash corridors
Previous Approvals
- 2002: The property was annexed into the Town of Oro Valley
- 2015: A Major General Plan Amendment was approved by Town Council which established the Master Planned Community designation and the Special Area Policies
B. APPLICANT'S PROPOSAL
The request is to rezone the property from R1-144 (large lot residential) to Planned Area Development (PAD). The purpose of a PAD zoning district is to "...foster development which is superior to that which may occur under conventional zoning regulations...". As such, the applicant's proposal is to establish the approximately 207-acre property as comprehensively designed project known as the Capella PAD. The request includes a number of underlying zoning designations which are summarized in the table below:
| PARCEL |
PROPOSED LAND USE(S) |
Proposed Use(s) by Parcel
| Parcel A |
Neighborhood Commercial/Office (C-N) or Medium Density Single-family Residential |
| Parcel B |
Community Commercial (C-1) or Medium Density Single-family Residential |
| Parcel C |
Recreation |
| Parcel D |
High Density Residential |
| Parcel E |
High Density Residential or Church Expansion |
| Parcel F |
Recreation |
| Parcel G |
Recreation |
| Parcel H |
Medium Density Single-family Residential |
| Parcel J |
Community Commercial (C-1) |
| Parcel K |
Low Density Single-family Residential |
| Parcel L |
Low Density Single-family Residential or Church Expansion |
| Parcel M |
Low Density Single-family Residential |
It is important to note the underlying zoning designations are consistent with the Long Range Conceptual Master Plan (Attachment 4) established as part of the previous General Plan Amendment process.
In addition, the proposal also includes the necessary infrastructure (roads, sewer and trails) improvements required for future development.
C. GENERAL PLAN CONFORMANCE ANALYSIS
Rezoning applications are reviewed for conformance with the Your Voice, Our Future General Plan Land Use Map, Vision, Guiding Principles, Goals and Policies. The subject property is designated Master Planned Community (MPC) which is defined as:
"Areas where large developments with a mix of uses is planned and developed in a comprehensive manner with a unified design theme. Developments in this land use designation generally provide a range of uses including a variety of housing options, shopping and employment opportunities and recreational amenities with a safe and efficient network for automobiles, bicycles and pedestrians."
The rezoning request is consistent with the Master Planned Community land use designation as it incorporates a comprehensively planned design for the entire 207-acres including cohesive parcel layouts, recreation areas, open space and safe, convenient connectivity for both motorized and non-motorized travel. Additional detail is provided in Attachment 8.
The General Plan vision:
"Oro Valley strives to be a well-managed community that provides all residents with opportunities for quality living. Oro Valley will keep its friendly, small-town, neighborly character, while increasing services, employment and recreation. The Town's lifestyle continues to be defined by a strong sense of community, a high regard for public safety and an extraordinary natural environment and scenic views"
The proposed rezoning is consistent with the General Plan Vision as the request establishes a complimentary mix of zoning designations to provide a complete community within this area, including residential, commercial, office and recreational opportunities. Furthermore, in adhering to the Special Area Policies previously established, the design takes into account the need for open space preservation and protection of scenic views.
The General Plan also includes Guiding Principles, Goals and Policies which inform policy and development decisions within the Town. In sum, the proposed rezoning does conform with the intent of the Principles, Goals and Policies. Several applicable Principles, Goals and Policies regarding the applicant's request are listed below:
- Guiding Principle: Create a complete community with a broad range of shopping, dining and places to gather
- Guiding Principle: Manage how we grow and maintain high design standards
- Guiding Principle: Provide more parks, recreation and cultural opportunities for all ages
- Goal D: A community with a wide range of services, amenities, shopping and dinging opportunities and housing types that meet the needs of current and future residents
- Goal E: A high-quality parks, recreation and open space system that is accessible, comprehensive, connected and serves the community's needs
- Goal V: Neighborhoods that include access and effective transitions to open space, recreation and schools and that are supported by shopping and services which meet daily needs
- Policy CC.4: Provide public open space and park space where there is an existing park shortage or a need to preserve open space, natural areas or scenic views
- Policy CC.7: Support the development of diverse housing types within the community
- Policy CC.8: Foster development of complete neighborhoods with easy access to transportation and employment options, and commercial areas that offer amenities and services for residents' daily needs
- Policy LU.8: Encourage the development of master planned communities which include suitable residential and commercial uses
Long Range Conceptual Master Plan
The Long Range Conceptual Master Plan (Attachment 4) developed as part of the preceding General Plan Amendment process established the future locations of all the underlying zoning districts. The applicant's proposal is consistent with this plan and mirrors the Conceptual Plan previously approved.
Special Area Policies
The Special Area Policies (Attachment 5) developed during the previous General Plan Amendment process serve as the foundation for this rezoning proposal. The proposal is consistent with the Special Area Policies; however, work to achieve compliance with the following one is ongoing:
"Traffic shall not be allowed to cross La Cholla Boulevard directly from the development to Canada Hills Drive"
Upon review of the applicant's first submittal, both the Town Engineer and the Town's Police Chief had safety concerns. Staff is working with the applicant to develop options to comply and achieve safe conditions. The applicant is currently finalizing an updated Traffic Impact Analysis (TIA) which will include additional detail regarding this issue. A final recommendation regarding policy conformance will be presented during the second Planning and Zoning Commission Public Hearing.
A more detailed analysis of the proposals conformance with the General Plan Land Use designation, Guiding Principles, Goals and Policies, as well as the Special Area Policies, is provided in Attachment 8.
General Plan Criteria in the Zoning Code
The Zoning Code also emphasizes conformance with the General Plan for all new Planned Area Developments (PAD). All new PAD's are required to be in conformance with at least 80% of the applicable General Plan criteria from the following elements:
- Land Use
- Transportation
- Economic Development
- Public Services and Facilities
- Community Design
- Open Space/Recreation
- Natural Resources Conservation
- Safety
- Cultural/Historic
The applicant's proposal is consistent with this requirement.
D. ZONING CODE CONFORMANCE ANALYSIS
The applicant's proposal was reviewed for conformance with the Town's Zoning Code, including the specific criteria for new Planned Area Developments (PAD).
New Planned Area Development criteria
In addition to General Plan conformance, the Zoning Code establishes specific criteria for all new Planned Area Development (PAD) proposals. This criteria includes conformance with required and specific findings and permissible zoning code modifications. Details regarding the proposal's conformance with this criteria is provided below.
Required and Specific Zoning Findings
The proposal is also required to be consistent with all required findings and any applicable specific findings. The purpose of the findings is to assure the intent of the Planned Area Development zoning district - "...to foster development which is superior to that which may occur under conventional zoning regulations..."- is achieved. The findings cover a variety of topics including community design, efficient use of infrastructure, connectivity and open space.
The proposed rezoning is consistent with all required findings as well as any applicable specific findings.
A more detailed analysis of the proposals conformance with the findings is provided in Attachment 9.
Zoning Code Modifications
The proposal also includes a number of modifications from existing zoning code standards (Attachment 10). Again, the purpose of the Planned Area Development zoning district is "...to foster development which is superior to that which may occur under conventional zoning regulations...". The proposed modifications help meet this superior design as they provide more flexibility for the property owner, while minimizing potential impacts to nearby property owners. As such, the modifications are acceptable and are supported by Town staff.
A more detailed analysis of the requested modifications is provided in Attachment 11.
Tentative Development Plan Concepts
All rezoning applications require a rezoning Tentative Development Plan (TDP) which establishes the future design of the property, including the subdivision or commercial area designs, the circulation network (vehicular, bicycle & pedestrian) and open space areas.
The applicant's proposal represents a unique approach to the rezoning Tentative Development Plan (TDP) requirement, though similar to the Oro Valley Town Center Planned Area Development (San Dorado development), which affords the applicant more flexibility in the future. The rezoning includes multiple "Tentative Development Plan Concepts" (Attachment 6) as indicated in the table below:
| PARCEL |
PROPOSED LAND USES(S) |
# OF DEVELOPMENT CONCEPTS |
Proposed use(s) by Parcel
| Parcel A |
Neighborhood Commercial/Office (C-N) or Medium Density Residential |
4 (3 commercial/office & 1 residential) |
| Parcel B |
Community Commercial (C-1) or Medium Density Residential |
5 (4 commercial & 1 residential) |
| Parcel C |
Recreation |
1 |
| Parcel D |
High Density Residential or Medium Density Residential |
4 (3 attached residential & 1 detached residential) |
| Parcel E |
High Density Residential, Medium Density Residential or Church Expansion |
5 (3 attached residential & 1 detached residential
& 1 church expansion) |
| Parcel F |
Recreation |
1 |
| Parcel G |
Recreation |
1 |
| Parcel H |
Medium Density Single-family Residential |
1 |
| Parcel J |
Community Commercial (C-1) |
3 |
| Parcel K |
Low Density Residential |
1 |
| Parcel L |
Low Density Residential or Church Expansion |
2 (1 residential & 1 church expansion) |
| Parcel M |
Low Density Residential |
1 |
Each of the proposed individual concepts are in conformance with all Zoning Code requirements. A more detailed analysis of the Tentative Development Plan Concepts is provided in Attachment 12.
Typically, site plans submitted following a rezoning must be in substantial conformance with the Tentative Development Plan (TDP) or reconsideration by Town Council is required.The Planned Area Development (PAD) includes its own conformance criteria, with three separate levels of conformance, which are described below:
Substantial Conformance
When a site plan is in substantial conformance with the Tentative Development Plan Concepts it may proceed directly to the Final Site Plan stage of review which may be approved administratively. Substantial conformance means there are no changes to any material terms or conditions of the rezoning, including changes to the following:
- Permitted Uses
- Development Standards or Zoning Conditions related to:
- Building height
- Perimeter setbacks
- Open space
- Floor Area Ratios
- Density
This criteria is consistent with the existing code language used for determining conformance with rezoning Tentative Development Plans. In this scenario, the site plan is consistent enough to a previously reviewed plan, additional public review is not necessary.
General Conformance
When a site plan is generally consistent with the Tentative Development Plan Concepts, however it includes a 25% increase to any of the requirements listed below, the site plan will require consideration by the Planning and Zoning Commission and Town Council. The requirements include:
- Increase in building gross floor area by more than 25%
- Major alterations to circulation patterns as determined by the Town Engineer and Planning and Zoning Administrator
- Modification of 25% or more of the parking spaces or parking lot area
The above criteria is consistent with existing code language that is used to determine conformance of proposed modifications to existing site plans. In this scenario, though the site plan is generally consistent with the previously reviewed plans, enough modification has been proposed that additional public review is necessary.
Non-Conformance
When a site plan includes a significant deviation from the Tentative Development Plan Concepts, it will require an amendment to the Planned Area Development (PAD) and consideration by the Planning and Zoning Commission and Town Council. Significant deviation includes changes to the following:
- Permitted Uses
- Access points
- Circulation patterns
- Development intensity
In this scenario, the site plan deviates enough from the rezoning Tentative Development Plan Concepts, additional public review of the rezoning is necessary.
Engineering Comments
Drainage - The proposed rezoning request acknowledges the various development areas included within the PAD will be designed so post-developed drainage conditions are consistent with pre-developed conditions in accordance with Town drainage requirements. Multiple natural washes flowing in a southerly direction affect the development areas. Furthermore, an existing FEMA mapped floodplain exists within one of the washes that runs along development areas E, H and J. A preliminary drainage analysis was prepared by the applicant to determine existing 100-year stormwater runoff values flowing through each wash, at points entering and exiting the project boundaries.
The drainage systems for each development area will be designed to ensure, among other requirements, that all proposed habitable and commercial buildings adjacent to washes will be protected from flooding and erosion. The increase of runoff resulting from constructed impervious surfaces will be mitigated by use of detention basins which discharge into the existing watercourses. The detention basins capture, hold, and release stormwater in a controlled manner to mimic existing conditions. Detailed drainage studies will be done at the final site planning stage for each development area as they occur.
General Traffic - The proposed master planned development will have primary access points along La Cholla Boulevard, Naranja Drive, Lambert Lane and Cross Road. There will also be a number of new roads within the development which will provide access and distribute incoming and outgoing traffic throughout the various development areas. A detailed traffic impact analysis was provided with the Site Analysis to evaluate the effect of additional traffic on surrounding roadways. The generation of new traffic from the various development areas will vary from lower volumes in less intense use areas (e.g., residential subdivisions) to moderately higher levels in more intense use areas (e.g., commercial). Internal streets, access drives and parking areas within the development areas will be constructed to Town code standards. Off-site improvements will include widening in areas for turn lanes where warranted along the project frontages by the developer. Public roadway improvements to be completed by the developer shall be at their expense and will require approval and a permit issued from the Town Engineer’s office. Furthermore, detailed traffic impact analysis updates will be required at the final site planning stage for each development area as they occur.
Cañada Hills Drive Intersection - There is a General Plan policy applicable to the Capella project which states that traffic shall not be allowed to cross La Cholla Boulevard directly from the Capella PAD area to Cañada Hills Drive, which is a private street. The Town Engineer is working with the developer to design the west side of the intersection in a manner to meet the condition of the General Plan policy and ensure public safety. A primary concern is to design a safe means to make left-turns out of the Canada Hills subdivision to go southbound on La Cholla Boulevard.
La Cholla Widening - Construction for the widening of La Cholla Boulevard to four lanes, as funded by the RTA, is anticipated to begin during the summer of 2018. This significant roadway improvement will increase roadway capacity and safety to accommodate existing traffic conditions and proposed future projects such as this one. There has been coordination between the Capella developer and Town staff to determine appropriate access locations along the newly designed La Cholla Boulevard corridor.
E. PUBLIC PARTICIPATION
The following public notice has been provided:
- Notification of all property owners within 1,000 feet
- Notification to additional interested parties who signed in at neighborhood meetings, including the neighborhood meetings held regarding the previous General Plan Amendment
- Notification to all Homeowner's Associations
- Advertisement in The Daily Territorial newspaper
- Postings on the property
- Postings at Town Hall and on the Town website
Six neighborhood meetings were held (2 traditional, 4 focus group) regarding the proposed rezoning. Neighborhood meeting summaries are provided in Attachment 13.
Again, it is important to remember the preceding General Plan Amendment process involved an extraordinary amount of public participation and input that resulted in several outcomes which serve as the groundwork for the applicant's proposal. The General Plan public input process included four neighborhood meetings (3 traditional, 1 open house) and numerous smaller focus group meetings.
Staff has received 3 letters of opposition from neighbors regarding the proposed rezoning which have been included in Attachment 14.
F. SUMMARY AND RECOMMENDATION
In summary, there are a number of key factors regarding the proposed rezoning. Those factors include:
- The proposal represents a comprehensively planned design which includes a variety of complimentary land uses
- The request is consistent with the Long Range Conceptual Master Plan approved as part of the preceding General Plan Amendment process
- The request is generally consistent with the General Plan Special Area Policies, with the one potential traffic issue pending.
- The most sensitive parts of the property (riparian areas or washes) are being substantially preserved
- Impacts to neighbors have been minimized as part of the design
Based on the aforementioned factors, staff will recommend approval of the proposed rezoning, pending final review and approval of the Traffic Impact Analysis and subject to the draft conditions listed in Attachment 1, at the second Planning and Zoning Commission public hearing. |