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  Item # 1.       
Town Council Regular Session
Meeting Date: 05/16/2018  
Requested by: Bayer Vella
Submitted By: Michael Spaeth, Community and Economic Development
Case Number: OV1601793

Information
SUBJECT:
PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING ORDINANCE NO. (O)18-07, REZONING FROM R1-144 TO PLANNED AREA DEVELOPMENT FOR APPROXIMATELY 199-ACRES LOCATED WEST OF LA CHOLLA BOULEVARD BETWEEN LAMBERT LANE AND NARANJA DRIVE AND 8.2-ACRES LOCATED ON THE NORTHWEST CORNER OF LA CHOLLA BOULEVARD AND NARANJA DRIVE
RECOMMENDATION:
The Planning and Zoning Commission recommends approval, subject to the conditions listed in Attachment 1.
EXECUTIVE SUMMARY:
The purpose of this request is to consider a proposed rezoning application (Attachment 2) from R1-144 (large lot residential) to Planned Area Development (PAD) for the following adjacent   properties:
  • 199-acres located west of La Cholla Boulevard between Lambert Lane and Naranja Drive 
  • 8.2-acres located on the northwest corner of La Cholla Boulevard and Naranja Drive
This is a comprehensively planned project on approximately 207-acres (Attachment 3), which includes residential, commercial, recreation, quasi-public (Church expansion), and open space. Approximately 74 acres will be conserved as Environmental Sensitive Lands open space which is 36% of the entire site.

A General Plan Amendment was approved for the site in 2015 which is the foundation for the applicant's proposal. The extent of outreach and public participation was well beyond code requirements and resulted in a Long Range Conceptual Master Plan (Attachment 4) and numerous Special Area Policies (Attachment 5). Both include more design detail than any other General Plan amendment to date. As a result, design oriented policies/mapping (location of recreation areas, access, building heights etc.) were directly inserted into the rezoning Tentative Development Plan. 

The proposed rezoning aligns with the General Plan Long Range Conceptual Master Plan and all of the Special Area Policies. The applicant's proposal is unique in that it includes multiple "Tentative Development Plan Concepts" (Attachment 6) and specific customized zoning requirements ("modifications") which ensure comprehensive planning and future market flexibility requested by the property owner. All individual concepts are in conformance with Zoning Code requirements.

The Planning and Zoning Commission considered the applicant's proposal at two public hearings, March 6, 2018 and April 3, 2018. The Commission has provided a recommendation of approval, subject to the conditions included in Attachment 1.





 
BACKGROUND OR DETAILED INFORMATION:
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, except the existing solar field on Parcel K and the site surrounds the existing Casas Adobes Baptist Church
  • Characterized by significant 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:
 
Proposed Use(s) by Parcel
PARCEL PROPOSED LAND USE(S)
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.

The applicant's proposal establishes criteria, similar to existing language in the Zoning Code, for when a future site plan can proceed directly to Final Design Review, when it must follow the Conceptual Design Review process and when an amendment to the Planned Area Development would be required. Staff is supportive of the proposed criteria as it is similar to existing Zoning Code language. For more information see page 179 of Attachment 2.

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. Additional detail is provided in Attachment 8.
 
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 which range from establishing a maximum number of homes to limiting uses and development standards on several parcels. A more detailed analysis of the proposals conformance with the General Plan Land 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 key 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. Several key findings and the proposals conformance is summarized below:
  • The PAD fosters safe and efficient use of Land
The Master Planning associated with the applicant's proposal allows for a comprehensive evaluation of all parcels and any potential impacts from future development. This approach allows for a holistic perspective on the entire property to ensure adjacent parcels are complimentary to one another and a safe, efficient transportation network is maintained. The applicant's proposal is consistent with this finding.
  • The design and arrangement of elements of the site plan minimize adverse impacts to the existing natural topography, natural water courses, existing vegetation and views.
The Long Range Conceptual Master Plan established the development envelopes which substantially preserved the existing washes and riparian areas which traverse the property. The proposed development scenarios have preserved a majority of the most sensitive natural areas of the site which will help maintain those areas as corridors for wildlife movement. The applicant's proposal is consistent with this finding.
 
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.

Environmentally Sensitive Lands
Approximately 74 acres will be conserved as Environmental Sensitive Lands open space which is 36% of the entire site. This includes all significant washes that also serve as wildlife corridors. In addition, all healthy saguaros in excess of 15 feet with two or more arms must either be transplanted or preserved in place. Larger ones (24 feet or greater) must remain in place.

Zoning Code Modifications
The proposal also includes a number of modifications from existing zoning code standards (Attachment 10). 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.

For example, in areas where existing topography or common area (e.g. elevation differences, existing common area open space between developments) helps minimize impacts from 2-story homes, an 18 foot, 1-story building height restriction is not required. 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:
 
Proposed use(s) by Parcel
PARCEL PROPOSED LAND USES(S) # OF DEVELOPMENT CONCEPTS
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






















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 Traffic Impact Analysis indicates that a future traffic signal is warranted at this intersection. Timing of the signal installation and associated intersection improvements shall coincide with construction of any PAD development area or construction of the proposed roadway creating the west leg of the intersection, whichever occurs first. The applicant's proposal conforms to this Special Area Policy as the final design will not permit eastbound or westbound through traffic across 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.

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.

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.

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.

The Planning and Zoning Commission considered the applicant's proposal at two public hearings, March 6, 2018 and April 3, 2018. During the second hearing the Commission recommended approval of the applicant's proposal with several additional conditions (in italics) detailed below:
  1. All future site plans for each parcel will go through the Conceptual Site Plan process to be considered by the Planning and Zoning Commission as well as Town Council for further review.
The number of proposed Tentative Development Plan Concept scenarios was a focal issue for the Commission. Much of the discussion revolved around both the Commissions and neighbors inability to tie down one develop scenario. Commissioners stated that it was difficult to fully evaluate all of the potential impacts considering the total number of combinations that could be developed.
  1. Complete an updated Traffic Impact Analysis for each development phase as required by Town Code.
Traffic in the La Cholla corridor is a concern for many residents in the area. The Commission wanted to clearly reiterate this existing zoning code requirement to continually update the projects traffic analysis as each parcel is developed to ensure sufficient capacity exists for the anticipated increase in traffic.
  1. Parcel M is restricted to 1-story height within 300 feet of the west property boundary.
During the prior General Plan Amendment process, a Special Area Policy was developed for Parcels K and L, both immediately south of Parcel M, limiting building heights of structures within 300 feet of the west property boundary to 1-story. The Commission felt this limitation should also be applied to Parcel M to protect views of future homeowners on the Shannon 80 property immediately west.
  1. The plans for restrooms and playgrounds in recreation areas must be maintained.
The applicant's proposal for recreation represents a minimum level of amount and type for amenities. The Commission felt it important to specify that all proposed restrooms and playgrounds be provided as part of the minimum requirement.

The staff reports are included as Attachment 15 and the meeting minutes are included as Attachment 16.

F. SUMMARY AND RECOMMENDATION

In summary, there are a number of key factors regarding the proposed rezoning. Those factors include:
  1. The Planning and Zoning Commission has recommended conditional approval, subject to the conditions in Attachment 1.
  2. The proposal represents a comprehensively planned design which includes a variety of complimentary land uses
  3. The request is consistent with the Long Range Conceptual Master Plan approved as part of the preceding General Plan Amendment process
  4. The request satsifies all General Plan Special Area Policies.
  5. The most sensitive parts of the property (riparian areas or washes) are being substantially preserved
  6. Impacts to neighbors have been minimized as part of the design
Based on the aforementioned factors, the Planning and Zoning Commission has recommended approval of the applicant's proposal, subject to the conditions listed in Attachment 1.
FISCAL IMPACT:
None.
SUGGESTED MOTION:
The Town Council may wish to consider one of the following suggested motions:

I MOVE to APPROVE Ordinance No. (O)18-07, rezoning from R1-144 to Planned Area Development, subject to the conditions listed in Attachment 1, because the request is consistent with the Your Voice, Our Future General Plan, including the Specific Area Policies, and all applicable Zoning Code standards.

OR

I MOVE to DENY Ordinance No. (O)18-07, rezoning from R1-144 to Planned Area Development, based on a finding that ________________________________________________.

 
Attachments
ATTACHMENT 1 - ORD NO. (O)18-07
ATTACHMENT 2 - APPLICANT'S PROPOSAL
ATTACHMENT 3 - LOCATION MAP
ATTACHMENT 4 - LONG RANGE CONCEPTUAL MASTER PLAN
ATTACHMENT 5 - SPECIAL AREA POLICIES
ATTACHMENT 6 - TENTATIVE DEVELOPMENT PLAN CONCEPTS
ATTACHMENT 7 - GENERAL PLAN & ZONING MAPS
ATTACHMENT 8 - GENERAL PLAN CONFORMANCE ANALYSIS
ATTACHMENT 9 - ZONING CODE CONFORMANCE ANALYSIS
ATTACHMENT 10 - REQUESTED ZONING CODE MODIFICATIONS
ATTACHMENT 11 - ZONING CODE MODIFICATIONS ANALYSIS
ATTACHMENT 12- TENTATIVE DEVELOPMENT PLAN CONCEPTS ANALYSIS
ATTACHMENT 13 - NEIGHBORHOOD MEETING SUMMARIES
ATTACHMENT 14 - NEIGHBOR COMMENT LETTERS
ATTACHMENT 15 - MARCH 6 AND APRIL 3 PZC STAFF REPORTS
ATTACHMENT 16 - MARCH 6 AND APRIL 3 PZC MEETING MINUTES


    

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