Oro Valley commission denies height increase for Church of the Nazarene sanctuary, 7-0

The Oro Valley Planning and Zoning Commission voted 7-0 on Jan. 14 to deny a request by the Oro Valley Church of the Nazarene to raise the permitted height for a proposed sanctuary from 24 feet to up to 40 feet in selected portions of the building.

The proposal would have allowed a new sanctuary building with varying heights (the applicant described a maximum 40-foot portion for the main auditorium) on the campus at the northeast corner of Calle Concordia and Calle Buena Vista. Planning staff told the commission a "yes" vote would permit a single structure to exceed 24 feet as depicted in the applicant's plans; a "no" vote would keep the currently permitted maximum of 24 feet.

Staff planner Beyer Veil said the application was narrowly focused on height and that other zoning limits (including 18-foot limits on portions of the site to the north) were not part of the decision before the commission. Veil summarized staff's findings that the taller building would have a relatively low impact on mountain views but would be visible from nearby homes, and that greater building mass associated with the taller auditorium would affect parking and traffic.

Applicant representatives framed the request as necessary to achieve the sight lines, acoustics and safety appropriate to a staged auditorium. Paul Oland, representing the property owner and developer, said the new sanctuary is intended to accommodate growth and that the submitted heights are tied to specific interior uses and would be enforced as conditions of any approval. Architect Rick Hutch said the auditorium is designed for roughly 1,500 seats using stadium-style seating, and that the building floor would be depressed two feet, 2 inches below grade to reduce exterior height. Hutch described the proposed auditorium cross-section, noting a 12-foot-3-inch back wall for acoustical treatment, an approximate 35-foot clear ceiling and a five-foot parapet for screening.

A long public-comment period followed. More than two dozen residents from the neighborhood immediately surrounding the church testified, nearly uniformly opposing the height increase. Speakers cited loss of mountain views, increased traffic and congestion on Calle Concordia and Calle Buena Vista, safety concerns, potential declines in property values, and the fear that a single height approval would be the first of multiple approvals leading to a much larger complex. Typical comments included: "A larger, taller building will take away views. It will reduce property values," said Joanne Michaelson, who identified herself as a Calle Buena Vista homeowner. Tim Terrace, who said he lives directly west of the church, called the height request "the tip of the iceberg" and urged commissioners to deny the request.

Church counsel and supporters urged approval, citing prior town approvals for taller places of worship and arguing the application was consistent with the code and necessary for religious exercise. An attorney for the applicant referenced the Religious Land Use and Institutionalized Persons Act (RLUIPA, 42 U.S.C. 2000cc) and argued that aesthetics alone are not a compelling governmental interest sufficient to impose a substantial burden on the congregation.

After questions from commissioners about traffic analysis and precedent, a motion to deny the height increase carried on a roll-call vote of 7-0. The motion as stated on the record moved "to deny the building height increase request for a new sanctuary building ... based on the finding the proposal is incompatible with the area in accord with the Your Voice, Our Future General Plan and Design Standard." Commissioners Keller, Nichols, Thomas, Wilson, Zielinski, Vice Chair Outlaw Ryan and Chair Anna Clark all voted in favor.

The commission's denial ends the process at the Planning and Zoning level on this particular height request; the applicant retains the right to pursue other approvals or to appeal decisions to town council under town procedures.

Commission staff noted several mitigation measures that had been proposed by the applicant and staff as possible conditions if the commission had approved the height change, including strict limits tying specific internal uses to the approved heights, a 30-foot buffer yard with a masonry screen wall and continuous tree canopy along the northern property line, and other additional landscaping and screening around the parking areas.