Residents voiced concern and confusion at last week's second neighborhood meeting regarding the Oro Valley Church of the Nazarene. The church wants to increase its footprint in the area and seeks the town’s permission to build facilities with heights greater than what currently exists on the property.
Concerns
Residents are unanimously against the proposal, as discussed in previous articles. Concerns range from an increase in traffic to potential flooding and the impact the taller buildings may have on their views.
Confusion
The only issue residents were allowed to discuss at last week’s meeting was the potential impact on their views. This limitation exists because the church’s current request is solely for permission to increase building height. The property, zoned as Private School (PS), permits structures up to 45 feet for certain uses. However, this wasn’t the primary purpose of last week’s meeting.
This is not a variance request; it is a request for permission to build to a height already permitted by the zoning code. The church is asking for something allowed within the zoning regulations but requires formal approval. To be clear, the town is not required to grant the request.
Four height variances in one review
The Oro Valley Church of the Nazarene’s proposed sanctuary includes multiple height requests within a single structure. The tallest section, the sanctuary, is proposed at 40 feet, including a 5-foot parapet to screen mechanical equipment. Other building sections vary in height: the multipurpose space at 34 feet, the lobby corridor at 30 feet, and additional multipurpose areas ranging from 24 to 37 feet. These heights reflect the functional needs of each section while contributing to the overall design.
Town Council has final say if it chooses to do so
Town staff explained at both meetings that the Planning and Zoning Commission has the authority to approve these height requests. However, the Town Council has the prerogative to review and potentially override such decisions. According to Section 22.9.8 of Ordinance 17-05: ""The Town Council shall have the right and prerogative to initiate its own review of any decision of the Planning and Zoning Commission or Town staff and shall uphold, modify or overrule said decision. Council shall have twenty (20) days to initiate a review and the applicant shall be notified."
More than two criteria for approval
At the meeting, residents were told by staff that two main criteria apply: Whether the request is code-compliant and whether it aligns with the General Plan. While these are important, there are additional criteria of which they were not in. These are included in Section 22.9 of Ordinance 17-05. The proposed height must be compatible with the surrounding neighborhood and zoning districts, respect the character of adjacent properties, and minimize visual impacts. Architectural elements must enhance the building’s aesthetic appeal and align with Oro Valley’s high design standards, while all structures must harmonize with the Sonoran Desert environment. The proposal must also mitigate impacts on adjacent properties, such as blocking views, casting shadows, or creating a sense of overbearing scale.
No Basis for alLawsuit if the request is denied
At the first neighborhood meeting, staff implied that denying the request could expose the town to legal challenges if the project met zoning code requirements. However, the zoning code does not mandate approval of the request—only that it be reviewed. Therefore, if the Planning and Zoning Commission denies the height increase, the town cannot be sued on the basis of non-compliance with the code.
Next Up: Planning and Zoning Commission hearing on January 14
The next step is for town staff to review the request and present a recommendation to the Planning and Zoning Commission. It is likely staff will recommend approval of the request and say it as consistent with the General Plan, encouraging the commission to approve it. The meeting will be conducted as a public hearing, where attendees will have the opportunity to provide comments and submit them for the official record. The commission will then decide whether to approve or deny the request.
If the request is denied, OVCN will likely appeal the decision to the Town Council, which will be required to hear the case. If the commission approves the request, it will be up to residents to get the Town Council to start a review of that decision within 20 days of the commission’s decision. If the council reverses that decision, it’s likely that OVCN will bring the matter to the Board of Adjustment, as it did in a previous request some years back. The Board of Adjustment will then have the ultimate say.
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