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HomeMy WebLinkAboutPackets - Planning and Zoning Commission (191)       AGENDA ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR SESSION May 3, 2022 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE The Town has modified its public comment procedures in the newly renovated Town Council Chambers. For more details, please see the instructions for in person and/or virtual speakers at the end of the agenda.   To watch and/or listen to the public meeting online, please visit https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas Executive Sessions – Upon a vote of the majority of the Planning and Zoning Commission, the Commission may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.        REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER   ROLL CALL   PLEDGE OF ALLEGIANCE   CALL TO AUDIENCE - at this time, any member of the public is allowed to address the Commission on any issue not listed on today’s agenda. Pursuant to the Arizona open meeting law, individual Commission members may ask Town staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Commission may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card.   COUNCIL LIAISON COMMENTS   REGULAR SESSION AGENDA   1.REVIEW AND APPROVAL OF THE APRIL 5, 2022 REGULAR SESSION MEETING MINUTES   2.DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED 18-UNIT RESIDENTIAL SUBDIVISION LOCATED ON THE EAST CORNER OF RANCHO VISTOSO BLVD AND MORNING VISTA DR INTERSECTION (CASE NO. 2102029) ITEM A: PROPOSED CONCEPTUAL SITE PLAN AND CONCEPTUAL LANDSCAPE PLAN ITEM B: PROPOSED CONCEPTUAL MODEL HOME ARCHITECTURE    3.DISCUSSION REGARDING PROPOSED CODE AMENDMENTS TO ALIGN AND CLARIFY STANDARDS IN THE MULTI-FAMILY ZONING DISTRICTS, CHAPTER 23, PROVISIONS FOR RECREATION AREA, CHAPTER 26, DEFINITIONS, CHAPTER 31 AND OTHER RELATED ITEMS   PLANNING UPDATE (INFORMATIONAL ONLY)   ADJOURNMENT       POSTED:  4/26/2022 at 5:00 p.m. by pp When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Commission meeting in the Town Clerk's Office between the hours of 8:00 a.m. – 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Commission meeting at 229-4700.     PUBLIC COMMENT ON AGENDA ITEMS   The Town has modified its public comment procedures for its public bodies to allow for limited remote/virtual comment via Zoom. The public may provide comments remotely only  on items posted as required Public Hearings, provided the speaker registers 24 hours prior to the meeting. For all other items, the public may complete a blue speaker card to be recognized in person by the Chair, according to all other rules and procedures. Written comments can also be emailed to Recording Secretary Jeanna Ancona at jancona@orovalleyaz.gov, for distribution to the Board of Adjustment prior to the meeting. Further instructions to speakers are noted below.     INSTRUCTIONS TO IN-PERSON SPEAKERS Members of the public shall be allowed to speak on posted public hearings and during Call to Audience when attending the meeting in person. The public may be allowed to speak on other posted items on the agenda at the discretion of the Chair. If you wish to address the Board on any item(s) on this agenda, please complete a blue speaker card located on the Agenda table at the back of the room and give it to the Recording Secretary. Please indicate on the blue speaker card which item number and topic you wish to speak on, or, if you wish to speak during Call to Audience, please specify what you wish to discuss. Please step forward to the podium when the Chair calls on you to address the Commission.  For the record, please state your name and whether or not you are a Town resident.1.Speak only on the issue currently being discussed by the Board. You will only be allowed to address the Commission one time regarding the topic being discussed.2. Please limit your comments to 3 minutes.3.During Call to Audience, you may address the Commission on any matter that is not on the agenda.4.Any member of the public speaking, must speak in a courteous and respectful manner to those present. 5. INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS    Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is listed as a Public Hearing.  If you wish to address the Board virtually during any listed Public Hearing, please complete the online speaker form by clicking here  https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email you a link to the Zoom meeting the day of the meeting. After being recognized by the Chair, staff will unmute your microphone access and you will have 3 minutes to address the Commission. Further instructions regarding remote participation will be included in the email.    Thank you for your cooperation.    Planning & Zoning Commission 1. Meeting Date:05/03/2022   Requested by: Bayer Vella, Community and Economic Development  Case Number: N/A SUBJECT: REVIEW AND APPROVAL OF THE APRIL 5, 2022 REGULAR SESSION MEETING MINUTES RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: N/A. BACKGROUND OR DETAILED INFORMATION: N/A. FISCAL IMPACT: N/A. SUGGESTED MOTION: I MOVE to approve (approve with changes), the April 5, 2022 meeting minutes. Attachments PZC 4-5-22 Draft Minutes  D R A F T MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR SESSION April 5, 2022 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            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: Hal Bergsma, Commissioner Joseph Nichols, Commissioner Skeet Posey, Commissioner Daniel Sturmon, Commissioner Celeste Gambill, Chair Absent: Jacob Herrington, Vice Chair Robert Henderson, Commissioner Staff Present:Michael Spaeth, Principal Planner Attendees: Melanie Barrett, Council Liaison  Commissioner Posey attended via Zoom.   PLEDGE OF ALLEGIANCE Chair Gambill led the Commission and audience in the the Pledge of Allegiance.   CALL TO AUDIENCE There were no speaker requests.   COUNCIL LIAISON COMMENTS Council Liaison Melanie Barrett welcomed the new commissioner and spoke about the upcoming budget process.   REGULAR SESSION AGENDA   1.WELCOME NEW COMMISSIONER, JOE NICHOLS 1.WELCOME NEW COMMISSIONER, JOE NICHOLS Chair Gambill welcomed Mr. Nichols to the Commission. Commissioner Nichols stated he was thankful for the welcome, as well as the initiation and training he has received.   2.REVIEW AND APPROVAL OF THE MARCH 1, 2022 REGULAR SESSION MEETING MINUTES       Motion by Commissioner Daniel Sturmon, seconded by Commissioner Hal Bergsma to approve the meeting minutes with the following changes: include Commissioner Sturmon in the roll call vote lists.    Vote: 6 - 0 Carried   3.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED ZONING CODE AMENDMENT TO THE STANDARDS FOR BANNER AND WINDOW SIGNS (SECTION 28) AND OTHER RELATED SECTIONS INCLUDING DEFINITIONS (CHAPTER 31)       Senior Planning Technician Patty Hayes provided a presentation that included the following: - Purpose - Banner - Banner comparison - Window sign comparison - Window signs - General Plan compliance - Summary Chair Gambill opened the public hearing. Oro Valley resident and Oro Valley Chamber of Commerce President Dave Perry spoke on Agenda Item 3. Chair Gambill closed the public hearing. Discussion ensued among the Commission and staff.    Motion by Commissioner Hal Bergsma, seconded by Commissioner Daniel Sturmon to recommend approval of the code amendment to banner and window signs in Chapter 28 and definitions in Chapter 31.    Vote: 6 - 0 Carried   PLANNING UPDATE (INFORMATIONAL ONLY) Principal Planner Michael Spaeth provided an update on the recent renewal of Commissioner memberships with the American Planning Association, two upcoming neighborhood meetings, as well as two upcoming Commission meetings in May.   ADJOURNMENT    Motion by Commissioner Hal Bergsma, seconded by Commissioner Daniel Sturmon to adjourn the meeting.      Chair Gambill adjourned the meeting at 6:33 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 5th day of April 2022. I further certify that the meeting was duly called and held and that a quorum was present. ___________________________ Jeanna Ancona Senior Office Specialist    Planning & Zoning Commission 2. Meeting Date:05/03/2022   Requested by: Bayer Vella, Community and Economic Development  Case Number: 2102029 SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED 18-UNIT RESIDENTIAL SUBDIVISION LOCATED ON THE EAST CORNER OF RANCHO VISTOSO BLVD AND MORNING VISTA DR INTERSECTION (CASE NO. 2102029) ITEM A: PROPOSED CONCEPTUAL SITE PLAN AND CONCEPTUAL LANDSCAPE PLAN ITEM B: PROPOSED CONCEPTUAL MODEL HOME ARCHITECTURE  RECOMMENDATION: Staff recommends approval of Item A (Attachment 1) and Item B (Attachment 2). EXECUTIVE SUMMARY: The applicant is proposing an 18-unit residential subdivision on approximately 3.5 acres located on the east corner of the Rancho Vistoso Blvd and  Morning Vista Dr intersection as shown on the map to the right. The subject parcel is outlined in blue. The applicant is requesting approval of the following: Item A: A Conceptual Site Plan and Conceptual Landscape Plan for a proposed 18-unit residential subdivision. Item B: Conceptual Model Home Architecture for an 18-unit residential subdivision Key Information:   The property is zoned Rancho Vistoso Planned Area Development (PAD) High-Density Residential (HDR), which establishes attached and detached dwelling units as a permitted use. A minor encroachment (less than 5%) into the sloped area on site has been administratively approved with a meaningful trade area as permitted in the Rancho Vistoso PAD.  The applications (Item A and Item B) are in conformance with the Oro Valley Zoning Code Revised, Design Principles and applicable design standards; therefore, staff recommends approval. Per the Rancho Vistoso PAD, attached and detached dwellings are a permitted use on the subject parcel and a code compliant site design must ultimately be approved by the Town. Please note that a formal motion is required for both items. Following a formal recommendation from the Planning and Zoning Commission, Item A will be considered by Town Council.   BACKGROUND OR DETAILED INFORMATION: A. EXISTING CONDITIONS AND CONTEXT Land Use Context: The subject property is identified as Medium Density Residential in the Your Voice, Our Future General Plan and is zoned Rancho Vistoso PAD High-Density Residential (HDR). Attached and detached dwelling units are a permitted use on the subject parcel and the site design meets the requirements of the Zoning Code. Surrounding uses are residential, with HDR zoned property to the north, east, and south, and Low-Density Residential (LDR) across Rancho Vistoso Blvd to the west. Site Conditions  Total area of subject parcels: Approximately 3.5 acres Partially graded and vacant Slopes greater than 25% are present along the north-eastern portion of the property Proposed Improvements  Eight attached structures and two detached structures (totaling 18 units) 18 lots and landscaped common area including a shared recreation space 0.12 miles of new private road  One access point from Morning Vista Drive B. DISCUSSION/ANALYSIS An analysis of the Conceptual design package's adherence to the Town's Design Principles, design standards, and zoning code is provided below. The focus of the Planning and Zoning Commission during the conceptual design review is on conformance with the Town Design Principles and standards. Item A: Conceptual Site Plan The Conceptual Site Plan (Attachment 1) is for an 18-unit residential subdivision on approximately 3.5 acres. The overall design and layout of the subdivision is consistent with the Your Voice, Our Future General Plan and the Rancho Vistoso PAD. The table below provides a summary of the zoning standards:  Standards Allowed Proposed Total Lots:60 18 Max. Building Height 34 feet 16 feet Perimeter Front Setback 20 feet 20 feet Building Side Setback 0-5 feet 0-5 feet Perimeter Rear Setback 5 feet 5 feet Traffic  Access is provided off of Morning Vista Drive  Shared access private road Community will not be gated Existing access will be revised per Conceptual Site Plan Open Space Per the applicable Rancho Vistoso PAD High-Density Residential standards, this subdivision must provide 30% of the gross land area as meaningful open space. The applicant is providing 31% of the site as open space through a mixture of natural open space as well as landscaped and recreational common areas. Hillside Development and Allowed Encroachment  Related to the discussion of open space, staff has administratively approved the applicant's request for encroachment into a Hillside Development area on the property. Per Rancho Vistoso PAD Section 1.3.J, development in areas in the Rancho Vistoso PAD that have naturally occurring slopes 25% and greater is generally prohibited, but limited encroachment may be allowed. As specified in the PAD, minor encroachments of up to 5% of the gradable area are allowed, with a trade area, by the Planning and Zoning Administrator. The trade area provided to offset encroachments into 25% and greater sloped areas must be at least a 1:1 ratio and contain "meaningful" open space, here defined as open space that reduces fragmentation, has recreational value, improves overall subdivision design, or creates buffers along environmentally  sensitive areas. Staff have reviewed and administratively approved a 4,922 square foot encroachment (3.45% of the gradable area on-site, highlighted in yellow on the figure to the right) into the protected slope on site, for which the applicant has provided a 16,271 square foot trade area (highlighted in blue on the figure to the right) with meaningful open space that reduces fragmentation and creates buffers along environmentally sensitive areas. The green area in the figure is the pre-existing slope area that is being preserved.  Conceptual Site Design Principles, Section 22.9.D.5.a The Conceptual Site Plan is in conformance with applicable conceptual site design principles. Following are applicable design principles (in italics) followed by staff analysis. Building Orientation: the location, orientation, and size of structures shall promote a complementary relationship of structures to one another. Lots have been arranged to support the privacy of existing homeowners as well as those on the project site. Lots are arranged so that no proposed rear yards face a neighboring front yard or cause privacy concerns.  Drainage/grading: site grading shall minimize impacts on natural grade and landforms and provide for subtle transitions of architectural elements to grade. Significant cuts and fills in relation to natural grade shall be avoided or minimized to the extent practical given property constraints.  The applicant has worked with Town staff to minimize the impacts on natural grade and landforms through their site design. The existing slopes are largely maintained as the applicant has focused development on the previously graded portion of the site. Lots 14 through 18 are located to minimize encroachment and preserve the drainage area. Connectivity: strengthen the usability and connectivity of the pedestrian environment internally and externally by enhancing access to the public street system, transit, adjoining development and pedestrian and bicycle transportation routes. Buildings and uses should provide access to adjacent open space and recreational areas where appropriate. Sidewalks are provided throughout the project internally, and connect to the larger Rancho Vistoso Pedestrian / MUP system. Additionally, the site design removes an existing extraneous curb cut, reducing the number of possible conflict points for pedestrians and vehicles. Design Standards Analysis (Addendum A of OVZCR) The proposed conceptual site plan has been reviewed for conformance with the conceptual site design standards. Following are key design standards (in italics) followed by staff's commentary. Section 3.1.B.1: Street character should be diverse in residential areas. Diverse is defined as providing safety, interest and variety while maintaining a harmonious context. The applicant will use landscaping designs tied to the three architectural styles for the model home architecture to ensure the street character is varied, diverse, and harmonious within this project site.  Section 3.1.G.1: Natural features, including drainage corridors, vegetation and habitat, shall be preserved to the greatest extent possible. The project conserves the headwater of a drainage corridor, as well as adjacent vegetation and habitat on the development plan, ensuring the area is conserved as open space moving forward. Conceptual Landscape Plan The conceptual landscape plan is in conformance with the applicable Zoning Code requirements.  25 foot Type B bufferyard is provided along Rancho Vistoso Boulevard 15 foot Type A bufferyard is provided along Morning Vista Drive. No bufferyard is required between this project and the homes to the north or east because this project and the adjacent homes are all zoned High-Density Residential. To soften the transition to existing homes, the applicant has provided buffer yards along these edges, and included plantings and natural open space where appropriate. Item B: Conceptual Model Home Architecture The applicant's conceptual model home architecture submittal is in Attachment 2. Below are noteworthy design principles in italics followed by staff commentary. Design: Building architectural design shall be appropriate for the climate and characteristics of the Sonoran Desert, including indigenous and traditional textures, colors, and shapes found in and around Oro Valley. All development shall maintain and strengthen the high quality of design exemplified in Oro Valley through project creativity and design excellence. (Section 22.9.D.5.b.i) The proposed architecture uses similar colors as homes found in the surrounding neighborhood. The design style is contemporary, and incorporates stone veneer and stucco materials that are traditionally used in and around Oro Valley. The homes maintain the quality of design exemplified within the Town. Scale, Height, and Mass: Building scale, height, and mass shall be consistent with the Town-approved intensity of the site, designated scenic corridors, and valued mountain view. Buildings shall be designed to respect the scale of adjoining areas and should mitigate the negative and functional impacts that arise from scale, bulk, and mass. (Section 22.9.D.5.b.ii) The building heights of 16' are well below the approved maximum heights of 34', blending the intensity of use approved for the site with the intensity desired by the Your Voice, Our Future General Plan. The buildings are equal or smaller than the majority of homes in the adjacent and surrounding neighborhoods. The varied roofline and distinct wall planes break up the scale of the structure. Facade Articulation: All buildings shall be fully articulated, including variation in building massing, roof planes, wall planes, and surface articulation. Architectural elements including, but not limited to, overhangs, trellises, projections, awnings, insets, material, and textures shall be used to create visual interest that contributes to a building's character. (Section 22.9.D.5.b.iii) The applicant has provided 'four-sided architecture' by varying rooflines and articulating building facades on all duplex units through the use of stone, covered entries and patios. On detached units, the demising wall is screened with trees to ensure visual interest across the home. Windows were all added as appropriate to maintain privacy but break up the wall plane. C. PUBLIC PARTICIPATION An Informational Video was posted online on May 4, 2021 and two neighborhood meetings were held for this proposal. The first meeting was held online via Zoom on May 20, 2021. Key concerns during this meeting were:  Privacy Opportunities to move lots away from existing homes Grading and drainage Encroachment into the 25% slope area Construction timeline and regulations Traffic generation and access A second neighborhood meeting was held in person on March 30, 2022. Continued concerns regarding the location of Lot 18 were raised by residents. Based on these concerns and meetings with the neighbors adjacent to the lot, the applicant revised the site plan to significantly shift the arrangement of Lot 18 to provide additional landscaping and buffers between it and the adjacent residents. Neighborhood meeting summaries can be found in Attachment 3. Furthermore, twelve email correspondences received over the course of the project's review are included in Attachment 4. Summary of Public Notice Public notice has been provided:  Affected Homeowners Association mailing Posting on property Post at Town Hall and on OVprojects.com Postcard to all property owners within 600 feet D. SUMMARY AND RECOMMENDATION Per the Rancho Vistoso PAD, attached and detached dwellings are a permitted use on the subject parcel and a code compliant site design must ultimately be approved by the Town. Staff has reviewed the proposed site design, landscape plan, and architecture for compliance with the Zoning Code and PAD and find the requests meet all Zoning Code requirements and are in conformance with the Design Principles and applicable design standards. As such, staff recommends approval of Item A and Item B. FISCAL IMPACT: N/A SUGGESTED MOTION: The Planning and Zoning Commission may consider the following suggested motions: ITEM A: I MOVE to recommend approval of the conceptual site plan and conceptual landscape plan for the proposed 18-unit residential subdivision located on the east corner of the Rancho Vistoso Boulevard and Morning Vista Drive intersection, based on the finding that the proposal complies with the Rancho Vistoso PAD, Oro Valley Zoning Code revised, Design Principles and applicable design standards. OR I MOVE to recommend denial of the conceptual site plan and conceptual landscape plan for the proposed 18-unit residential subdivision located on the east corner of the Rancho Vistoso Boulevard and Morning Vista Drive intersection, based on the finding that __________________. ITEM B: I MOVE to approve the conceptual model home architecture plan for the proposed 18-unit residential subdivision located on the east corner of the Rancho Vistoso Boulevard and Morning Vista Drive intersection, based on the finding that the proposal complies with the Design Principles and design standards of the Oro Valley Zoning Code Revised. OR I MOVE to deny the conceptual model home architecture plan for the proposed 18-unit residential subdivision located on the east corner of the Rancho Vistoso Boulevard and Morning Vista Drive intersection, based on the finding that __________________. Attachments Attachment 1 - Conceptual Site Plan and Landscape Plan  Attachment 2 - Conceptual Model Home Architectural  Attachment 3 - Neighborhood Meeting Summaries  Attachment 4 - Letters from Residents  EEEW 8''WWWWWG W 12''W 12''SSSSEEEEEEPOOL2 3 4 5 6 7 8 9 14 15 12 13 16 17 18 10 11 1 C A " C " C A " C "CA "C"CA "C"CA "C"C A " A " ACTIVE REC. AREA CA "B" CA "C" LOTS 1 - 18 AND COMMON AREAS "A" THROUGH "C" A PORTION OF THE SW QTR. SECTION 24, T-11-S, R-13-E G&SRB&M, TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA 85755 GRENIER ENGINEERING,I NC. 6300 E. El Dorado Plaza Suite A120, Tucson, Arizona 85715 Phone: 520.326.7082 ~ Fax: 520.326.7508 of 3 RESIDENCES AT MORNING VISTA REF.: 2003075 1 1 CONCEPTUAL SITE PLAN for RESIDENCES AT MORNING VISTA 2102029 RANCHO VISTOSO - PARCEL B PAD#5 BK. 51, PG. 8 LOT 108 LOT 109 LOT 107 LOT 106 LOT 104 LOT 105 LOT 103 LOT 102 LOT 101 CA "A" RANCHO VISTOSO - PARCEL B PAD#5 BK. 51, PG. 8 CA "A" LOT 100 LOT 99 LOT 98 LOT 97 LOT 96 LOT 95 LOT 92 LOT 91 LOT 90 RANCHO VISTOSO - PARCEL B 219-20-435A ZONE: RANCHO VISTOSO PAD#5 BK. 49, PG. 27 RANCHO VISTOSO - PARCEL B 219-38-0570 ZONE: RANCHO VISTOSO PAD#5 BK. 59, PG. 23 LEGEND COVER SHEET LOTS 1 - 18 AND COMMON AREAS "A" THROUGH "C" A PORTION OF THE SW QTR. SECTION 24, T-11-S, R-13-E G&SRB&M, TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA 85755 GRENIER ENGINEERING,I NC. 6300 E. El Dorado Plaza Suite A120, Tucson, Arizona 85715 Phone: 520.326.7082 ~ Fax: 520.326.7508 of 3 RESIDENCES AT MORNING VISTA REF.: 2003075 2 2 ABBREVIATIONS NOTES GRADING CALCULATIONS · · · · · · · · · · NOTES OPEN SPACE AREA CALCULATIONS VEHICULAR PARKING CALCULATIONS EEEEEEEEW8''W8''W8''W W W W W W W W W W G G W16''W16''W16''W16''W16''W 8'' C C RWRWRWRWRWRWRWRWRWWWW12''W12''W12''W12''W12''EEEEEEEEEPOOL2 3 4 5 6 7 8 9 14 151213 16 17 10 11 1 CA "B" ACTIVE REC. AREA CA "C"CA "C"CA "A" CA "A" 18 CA "C" CA "C"CA "C" CA "C" CA "A" CA "C"SSSSSSSSSSSS LOTS 1 - 18 AND COMMON AREAS "A" THROUGH "C" A PORTION OF THE SW QTR. SECTION 24, T-11-S, R-13-E G&SRB&M, TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA 85755 GRENIER ENGINEERING,I NC. 6300 E. El Dorado Plaza Suite A120, Tucson, Arizona 85715 Phone: 520.326.7082 ~ Fax: 520.326.7508 of 3 RESIDENCES AT MORNING VISTA REF.: 2003075 RANCHO VISTOSO NEIGHBORHOOD 5 219-20-435A ZONE: RANCHO VISTOSO PAD#5 BK. 51, PG. 8 LOT 107 (OCCUPIED) LOT 108 (OCCUPIED) LOT 109 (OCCUPIED)CA "A" RANCHO VISTOSO NEIGHBORHOOD 5 219-20-435A ZONE: RANCHO VISTOSO PAD#5 BK. 51, PG. 8 LOT 100 (OCCUPIED) LOT 99 (OCCUPIED) LOT 98 (OCCUPIED) LOT 97 (OCCUPIED) LOT 96 (OCCUPIED) LOT 95 (OCCUPIED)RANCHO VISTOSO NEIGHBORHOOD 5219-20-435AZONE: RANCHO VISTOSO PAD#5BK. 51, PG. 8LOT 90(OCCUPIED)RANCHO VISTOSO NEIGHBORHOOD 5219-38-0570ZONE: RANCHO VISTOSO PAD#5BK. 59, PG. 23RANCHO VISTOSO NEIGHBORHOOD 5219-20-435AZONE: RANCHO VISTOSO PAD#5BK. 51, PG. 8RANCHO VISTOSO NEIGHBORHOOD 5 219-20-435A ZONE: RANCHO VISTOSO PAD#5 BK. 49, PG. 27 3 3 CONCEPTUAL SITE PLAN 2 3 4 5 6 7 8 9 14 151213 16 17 18 10 11 1 ACTIVE REC. AREA POOLGRENIER ENGINEERING,I NC. 6300 E. El Dorado Plaza Suite A120, Tucson, Arizona 85715 Phone: 520.326.7082 ~ Fax: 520.326.7508 of 1 1 1 LANDSCAPE CONCEPT PLAN RESIDENCES AT MORNING VISTA LANDSCAPE CONCEPT KEY 22401 .ON ETACFTREC dengi SetaD .A.S.UANOZ RA t c e tih crAepacsdnaLderetsgeRKAREN M. CESARE RESIDENCES AT MORNING VISTA OV 2102029 LANDSCAPE CONCEPT PLAN PRIVATE STREET PRIVATE STREETReference Case 2003075 Pre-Application NATIVE SEED MIX NOTES LEGEND 1 1 Residences at Morning Vista – Architectural Narrative - TOV Section 22.9.D.5 22.9.D.5.a – Conceptual Site Design 22.9.D.5.a.i – Building Orientation: The proposed development of 18 dwelling units, comprised of 10 separate structures, including a pool and cabana are efficiently organized along a single, central driveway (Elizabeth Way) that runs east to west. Each unit is 1,500 square feet and is part of its own single-story duplex. The units, equally balanced on either side of Elizabeth Way, have their larger openings facing to the north and south, providing the optimum passive solar orientation. For more privacy, the entry is moved to the side of each unit allowing broad overhangs to provide a consistent transition between structures. An ample 20’ wide front yard allows for the planting of a well-developed palette of natural desert landscaping, further unifying the project’s overall design 22.9.D.5.a.ii – Drainage/Grading: Prior to any development, the approximately 500’ long site currently slopes from its high-side (to the west) at a rate of approximately 5% to its low-side (to the east). At the center of the site’s 300’ width, there is an existing overall cross-slope (south to north) of approximately 2% that rises approximately 4’ toward the center of the site before sloping downward approximately 10’ to its northern property line, where a greater than 25% slope exists for the remaining approximately 55’ The proposed development is served by a single street (Elizabeth Way) that follows the general slope of the existing site. Although the highest portion of the site (toward the center) must be cut down approximately 9’, the northeastern portion of the site will have approximately 6’ of fill installed, including an approximately 5’ tall retaining wall to the back, or northeast, of Unit 18. Overall, there will be approximately 16,000 net cubic yards of fill exported from the project site Generally, by following the site’s existing slope from west to east and particularly by draining into its prescribed 25% slope area to the north and northeast, site drainage and runoff will not change nor negatively impact adjacent properties. And all proposed townhomes will have a natural transition to the new grade heights utilizing properly sloping concrete drives and walkways 22.9.D.5.a.iii – Connectivity: The project’s access (Elizabeth Way) transitions smoothly from the existing asphalt elevation at Morning Vista Drive and slopes subtly downward at approximately 4%, where it transitions into a “tee” that slopes approximately 3% in each direction, east and west The mild slope of Elizabeth Way will provide a seamless connection of the structures to the street as well as for the vehicles accessing the proposed development. And there will be a smooth transition from the public street system for both pedestrians and bicyclists alike, making easily accessible the active and passive recreation areas located within the proposed development 22.9.D.5.b – Conceptual Architectural Design 22.9.D.5.b.i – Design: An efficient, sensible footprint underpins the architectural design intent for the 18 townhomes being proposed, resulting in both a functional and humane experience for the homeowner and visitor alike. As a climatic response, the use of broad overhangs along the front entry and rear porch provide protection from the harsh desert sun for the home’s large openings through to the adjacent outdoor areas. As those overhangs continue, from dwelling to dwelling throughout the subdivision, there is a feeling of unity and connection along the streetscape, as the homes are uniformly placed on either side of Elizabeth Way The exterior materials of stone veneer, stucco and colored metal will be placed in a manner to compliment one another. Specifically, stone will be applied to the central organizing wall at the front of each unit as well as on the taller volume of the Kitchen and Great Room, which will have a darker metal, pitched roof to match the metal 2 2 of the overhangs as well as the garage door. A smoothly finished stucco system, with earth-tone colors, will be applied at all other exterior wall surfaces 22.9.D.5.b.ii – Scale, Height and Mass: The structures within the proposed development are designed to maintain a low, horizontal profile, giving them a strong connection to the ground plain while reducing their height and mass. With a typical height of 9’ to the bottom of all overhangs and a maximum parapet height of 12’, there will be an intimate relationship between the structures and the homeowner as well as the pedestrian, while staying well below the height allowed by Town of Oro Valley development standards The 14’ height of the ridge line above the Kitchen and Great Room provides a contrasting taller mass, but with that form intentionally set back from the street elevation, veneered in stone and given a colored metal, standing- seam roof, it breaks up the unit’s overall mass while making less of an impact from the street elevation The low, horizontal quality of the project’s design results in a smaller scale development and serves to positively impact the neighborhood, in no way limiting views to and from adjacent properties and/or adjoining areas 22.9.D.5.b.iii – Façade Articulation: The structures’ façades are articulated to provide dramatic variation along the streetscape and this is achieved in two fundamental ways. First, the duplex elevations themselves have three distinct surfaces facing the street. The garage door/wall is set back two feet from the end of the stone-veneered central wall, which, in turn, sits six feet out in front of the front bedroom (Bedroom 2) wall. These variations within the façade will create, among other things, dramatic shadow lines Second, the northern-most duplexes vary from one to another in their respective placements along the street. The units located on the east and west, along the north side of the street, are set back approximately 60’ from the units closer to the street, which vary approximately two feet from one to another As mentioned, stone veneer, stucco and colored metal will be placed in a manner so that each material will compliment the other. Broad overhangs, covered in metal, along the front entry and rear porch will provide a consistent horizontal line throughout the subdivision as well as a valuable transition from each home to and from adjacent outdoor areas The taller central form above the Living Room and Kitchen will provide a contrasting taller mass and provide additional interest with its stone veneered walls and standing seam metal roof Distinct desert landscape packages (ie. shrubs, boulders and cactus) for each building, will provide further variation and additional interest for each structure and throughout the subdivision as follows: Warm Palette: Trees: Velvet Mesquite Cactus: Saguaro Shrubs/Accents: Gopher Plan and Autumn Sage Groundcovers: Purple Trailing Lantana Nuetral Palette: Trees: Desert Willow Cactus: Saguaro Shrubs/Accents: Fairy Duster and Brakelights Yucca Groundcovers: Yellow Trailing Lantana Cool Palette: Trees: Blue Palo Verde Cactus: Saguaro Shrubs/Accents: Black Dalea, Blue Yucca & Desert Milkweed 3 3 22.9.D.5.b.iv – Signs: A monument sign for the proposed development has not yet been designed but will utilize similar materials to those used on the structures, will maintain a low profile and be located at the entrance to the project. There are no other signs proposed for this development 22.9.D.5.b.v – Screening: There are no loading areas proposed for this development and all trash removal will occur on the street in front of each unit. However, rooftop equipment will be installed for each unit that will be obscured with metal screening painted the same color as the exterior walls of the unit where it is located. There will be no exposed vents and/or ducts on the roof. Nor will there be any ground-mounted equipment serving the units 22.9.D.5.b.vi – Communication Towers: There are no communication towers or similar facilities contemplated for this development Residences at Morning Vista - Color & Material Palettes with Light Reflectivity ValuesMilgard - Anodized Aluminum Frames -LRV = 20%Western States - Mansard Brown - Metal Roofs & Garage Doors -LRV = 27%Total Wall - Sable Wood - Stucco - LRV = 26%Davis Colors - Concrete Flatwork - Sangria -LRV = 35%El Dorado Stone -Adobe Veneer - Bautista -LRV = 31%Milgard -Anodized Aluminum Frames - LRV 20%Western States -Burnished Slate - MetalRoofs & Garage Doors -LRV = 29%Total Wall - SandalWood - Stucco -LRV = 31%Davis Colors -Concrete Flatwork -Mesquite -LRV = 33%El Dorado Stone -Ledge Stone Veneer - Clearwater -LRV = 39%Warm Color PaletteNeutral Color PaletteCool Color PaletteMilgard -Anodized Aluminum Frames -LRV = 20%Western States -Charcoal Gray - MetalRoofs & Garage Doors -LRV = 26%Total Wall - Putty -Stucco -LRV = 33%Davis Colors -Concrete Flatwork -Green Slate -LRV = 31%El Dorado Stone -Shadow Rock - Teton -LRV = 35% Residences at Morning Vista - Front Elevation - Warm PaletteAnodized Aluminum FramesMansard Brown MetalRoofs & Garage DoorsSable Wood StuccoSangria ConcreteBautista Adobe Veneer Residences at Morning Vista - Side Elevation - Warm PaletteAnodized Aluminum FramesMansard Brown MetalRoofs & Garage DoorsSable Wood StuccoSangria ConcreteBautista Adobe Veneer Anodized Aluminum FramesMansard Brown MetalRoofs & Garage DoorsSable Wood StuccoSangria ConcreteBautista Adobe VeneerResidences at Morning Vista - Rear Elevation - Warm Palette Residences at Morning Vista - Front Elevation - Neutral PaletteAnodized Aluminum FramesBurnished Slate Metal Roof & Garage DoorsSandal Wood StuccoMesquite ConcreteClearwater Ledgestone Veneer Residences at Morning Vista - Side Elevation - Neutral PaletteAnodized Aluminum FramesBurnished Slate MetalRoof & Garage DoorsSandal Wood StuccoMesquite ConcreteClearwater Ledgestone Veneer Residences at Morning Vista - Rear Elevation - Neutral PaletteAnodized Aluminum FramesBurnished Slate MetalRoof & Garage DoorsSandal Wood StuccoMesquite ConcreteClearwater Ledge Stone Veneer Residences at Morning Vista - Front Elevation - Cool PaletteAnodized Aluminum FramesCharcoal Gray MetalRoof & Garage DoorsPutty Gray StuccoGreen Slate ConcreteTeton Shadow Rock Veneer Anodized Aluminum FramesCharcoal Gray MetalRoof & Garage DoorsPutty Gray StuccoGreen Slate ConcreteTeton Shadow Rock VeneerResidences at Morning Vista - Side Elevation - Cool Palette Residences at Morning Vista - Rear Elevation - Cool PaletteAnodized Aluminum FramesCharcoal Gray MetalRoof & Garage DoorsPutty Gray StuccoGreen Slate ConcreteTeton Shadow Rock Veneer Residences at Morning Vista - Overall View Residences at Morning Vista - Aerial View of Common Area Residences at Morning Vista - Street View #1 Residences at Morning Vista - Street View #2 Residences at Morning Vista - Street View #3 Residences at Morning Vista - Mechanical Screening - Front Elevation Residences at Morning Vista - Mechanical Screening - Aerial View 1 Neighborhood Meeting Summary Proposed 18- unit residential subdivision at the east corner of Rancho Vistoso Boulevard and Morning Vista Drive Zoom Online Meeting May 20, 2021 6:00 – 7:30 PM Introductions and Welcome Meeting facilitator Kyle Packer, Planner I, introduced the agenda for the meeting and public participation process. Approximately 38 residents and interested parties attended, including Council Members Jones-Ivey and Greene, and Planning and Zoning Commissioners Henderson, Bergsma, and Posey. Town Staff Presentation Kyle Packer, Planner I and the Town’s project manager for this proposal, provided a presentation that included: • Location • Existing zoning including allowed setbacks, height, and permitted uses • Factors to be considered in review including protected land, drainage, and access Applicant Presentation The applicant’s representative, Keri Silvyn of Lazarus & Silvyn, representing DSW Commercial, provided a presentation that included: • Site Plan o Unit locations, open space, access • Landscape Plan o Buffer yards, vegetation • Architecture Plans o Elevations Public Questions & Comments Neighbors of the project had the following concerns and comments: • Visual privacy, especially for adjacent homes with backyards or 2nd story homes facing the site • Protection of HOA trees on adjacent property • Opportunities to move units further away from existing homes and increase the amount of open space • Grading & retaining walls • Rock outcropping • Lighting • Impacts to community defined wildlife corridor • Congestion at entrance/traffic volume • Construction date and time allowed for construction • Impacts to school bus stop and route • Grade of the entrance • Dust control during construction • Drainage – When will residents know the plan? Conclusion Town staff Kyle Packer and David Laws, the applicant Michael Sarabia, and the applicant’s representative Keri Silvyn answered questions. It was determined a second neighborhood meeting will be required. Following this, Mr. Packer provided information regarding future opportunities for public participation and next steps for the project. Mr. Packer closed the meeting, thanked everyone for their attendance and encouraged everyone to contact him at kpacker@orovalleyaz.gov, with any additional thoughts, comments, or concerns and visit OVProjects.com for any updated project information. 1 Neighborhood Meeting Summary Proposed 18-unit residential subdivision at the east corner of Rancho Vistoso Boulevard and Morning Vista Drive Town Hall March 30, 2022 6:00 – 7:30 PM Introductions and Welcome Meeting facilitator Milini Simms, Principal Planner, introduced the agenda for the meeting and public participation process. Approximately 25 residents and interested parties attended, including Mayor Winfield, Vice Mayor Barrett, Council members Bohen and Greene, and Planning and Zoning Commission Chair Gambill and Commissioners Sturmon and Posey. Town Staff Presentation Kyle Packer, Planner I and the planning staff member reviewing this application, provided a presentation that included: • Location • Existing zoning including allowed setbacks, height, and permitted uses • Applicant’s revised design • Protected slopes and allowed trade area proposal • Concerns raised by residents in the first neighborhood meeting Applicant Presentation The applicant, Keri Silvyn of Lazarus & Silvyn, representing the private property owner, DSW Commercial, provided a presentation that included: • Location and Zoning • Conceptual Site and Landscape Plan • Architecture Plans • Previous neighbor concerns Public Questions & Comments Participants had the following concerns and comments: • What is the price point for the units? • What is the timeline for build-out? • Clarification on site grading and retaining wall heights • Clarification on the proposed drainage for the site and along Morning Vista Drive, including the proposed Swales • Where is the proposed access to development located? Was access from Rancho Vistoso considered? • Will the development have any financial responsibility for maintaining Morning Vista Dr? • Is there a possibility to lower or move lot 18further away from existing residents • Where are the walls, walkways, and bufferyards located along Morning Vista Dr? • Traffic concerns along Morning Vista, including pedestrian safety and impacts to the school bus stop • Will the subdivision have a gated entrance? • Will the sidewalk into the Monterey Homes subdivision be gated? Conclusion Town staff Kyle Packer and David Laws, the private property owner Michael Sarabia, and the applicant Keri Silvyn answered questions. Following this, Ms. Simms provided information regarding future opportunities for public participation and determined the next step is in the project is the Planning and Zoning Commission public meeting. Ms. Simms closed the meeting, thanked everyone for their attendance and encouraged everyone to contact Kyle Packer, Planner at kpacker@orovalleyaz.gov, with any additional thoughts, comments, or concerns and visit OVprojects.com for any updated project information. 1 Packer, Kyle From:Carroll Reitz <hflash56@gmail.com> Sent:Friday, May 14, 2021 10:52 AM To:Packer, Kyle Subject:OV Project - Morning Vista Drive Townhhomes Questions Dear Kyle, Listed are some of our concerns about the Morning Vista Project: Water issues - What is the plan to handle stress on water resources and provide water and sewage for the development given current persistent drought conditions? Wildlife Corridor - How much land is going to be available for the continuance of the wildlife corridor that was previously required as part of the property? Construction Issues - What are the rules governing construction? (Daily schedule, overall timeline, safety, consideration of neighboring residents? Safety - Regarding development of this property, entrance and exit issues have never been satisfactorily resolved. How can we negotiate a mutually beneficial arrangement that is safe and enhances the ability of both communities to have easy, safe access that accommodates walkers, school children, deliveries, visitors, workers, and also facilitates emergency evacuation and traffic requirements. The one entrance/exit on Morning Vista is of great concern because there is no code box on our south entrance which means that all commercial vehicles must enter through Morning Vista. Add to that your construction vehicles, the workers' vehicles, then those of the future owners and their commercial vehicles, and you will have a serious traffic and pedestrian problem. Thank you, Carroll Reitz and Marilyn Robinson Greene 1 Packer, Kyle From:Carroll Reitz <hflash56@gmail.com> Sent:Monday, January 24, 2022 10:25 AM To:Packer, Kyle Subject:Re: morning vista development Dear Kyle, My address is 13749 N. Carlynn Cliff Dr. OV 85755. Our home is in the Monterey Development, but not directly facing the site. I think that it would be of interest to the HOA board. Their address is Monterey Homes @ Rancho Vistoso Association, PO Box 14198, Tucson, AZ 85732. Please send them a card as well. Thank you, Carroll On Mon, Jan 24, 2022 at 7:34 AM Packer, Kyle <kpacker@orovalleyaz.gov> wrote: Good morning Carroll, You’re correct there will be another neighborhood meeting. Town staff are still working with the applicant to have them generate a code-compliant conceptual site design. Once they have approvable conceptual site plans, postcards will be sent out for a second neighborhood meeting. At this time I do not have an estimate of when that will occur. Also, if I remember, you may have been out of the original notice distance for this project? If you’d like to share your address I can ensure our staff add you to the mailing list so you receive a yellow postcard notification for the next meeting. Best, Kyle Kyle Packer, LEED GA Planner I Community & Economic Development Department Town of Oro Valley 520.229.4822 From: Carroll Reitz <hflash56@gmail.com> Sent: Friday, January 21, 2022 1:54 PM To: Packer, Kyle <kpacker@orovalleyaz.gov> Subject: morning vista development 2 Dear Kyle, I've noticed that there are already posts set in the ground at the site. I think that our neighborhood gets another chance to see the changes that are being made before building begins. Do you have an idea when that will occur? Carroll Reitz 1 Packer, Kyle From:Packer, Kyle Sent:Monday, March 21, 2022 12:25 PM To:Gerschwin Sutherland Subject:RE: March 30th meeting about development on East corner of Rancho Vistoso Blvd & Morning Vista Dr Good afternoon Scot, Thank you for reaching out to regarding this project. We’ve updated the documents available on the project’s OVprojects.com webpage and you should now find the applicant’s revised site, landscape, and architecture proposals under the “Applicant’s Submittal” section. Regarding the meeting and Zoom availability, Town Council has shifted neighborhood meetings back to in-person. At this time staff is working with IT to find solutions for live Zoom attendance and/or recording, but is unaware of the capacity to have these services prepared for this meeting. The OVprojects.com webpage will be updated with recordings and other materials if we are able to coordinate with IT to make this happen. If you have any other questions, please don’t hesitate to reach out. Best, Kyle Packer Kyle Packer, LEED Green Associate Planner I Community & Economic Development Department Town of Oro Valley 520.229.4822 From: Gerschwin Sutherland <gerschwin@gmail.com> Sent: Sunday, March 20, 2022 11:02 AM To: Packer, Kyle <kpacker@orovalleyaz.gov> Subject: March 30th meeting about development on East corner of Rancho Vistoso Blvd & Morning Vista Dr Hi Kyle, I got a notice about this meeting and was wondering if there are any more details. I looked on the OVprojects.com website and didn't see anything new there. Will there be an option to watch this meeting via Zoom, as there was with the previous public meeting on this project? Or would there be a video of the meeting posted afterwards? Thanks Scot Sutherland 13728 N Carlynn Cliff Dr Oro Valley, AZ 85755 1 Packer, Kyle From:justin sanchez <justin_sanchez@yahoo.com> Sent:Monday, March 21, 2022 6:01 PM To:Keri Silvyn Cc:preslbryant@gmail.com; ryleejai@yahoo.com; Robin M. Large; Jackson Cassidy; Packer, Kyle Subject:Re: Morning Vista Project Attachments:21-Morning Vista - Approved Option 'A' from NE.pdf; 22-Morning Vista - Approved Option 'A' from SE.pdf; Morning Vista Townhomes Colored Site Plan.pdf Keri, although we have met and discussed different options I would still like to see property 18, that will be behind my house and Lance’s house, removed from your plans or moved further from the back of our homes. I’ve expressed my concerns as there is a large elevation difference between where you will be building number 18 and my home, which will essentially put a 14 foot wall behind us once the house is completed. Also, with the angle of the land, building number 18 will be closer to Lance’s and my property line than any other home in the neighborhood. Please come to the meeting with other options then just Landscaping. Thanks, Justin Sanchez Homeowner of 13785 N Bushwacker Pl, Oro Valley, AZ Sent from my iPhone On Mar 11, 2022, at 10:33 AM, Keri Silvyn <ksilvyn@lslawaz.com> wrote: Lance, Justin and Jenn: First, I hope you all had a great holiday season, new year and are staying healthy and safe. I know it has been a while since we circled back after our meetings in late summer/fall. We have been working through some technical requirements with Town staff on the project over the past few months. We made our third submittal of plans to the Town this week. I wanted to let you know that our architectural submittal includes the Option A layout (see attached 2 pages from our submittal) relative to the treatment of the boundary near your homes. We also note on our landscape plans that we will be working with you on the specific plantings near your homes(see attached colored site plan.) We have the allergy list as well from Jenn. We are required by the Town to hold a second neighborhood meeting, which is scheduled for March 30th at 6:00 in person at the Town Council chambers. There will be a separate notice you will receive and I believe the Town is posting the notice on the property today. Let us know if you want to talk at all before that neighborhood meeting. Keri Lazarus Silvyn, Esq. 2 Helping Communities and Developers Grow Responsibly Cell: 520.270.7099 | Office: 520.207.4464 KSilvyn@LSLawAZ.com CONFIDENTIALITY NOTE: This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you. 1 Packer, Kyle From:Packer, Kyle Sent:Friday, March 25, 2022 9:10 AM To:PETER&DANA SYLVESTER Subject:RE: East Corner Rancho Vistas and Morning Vista Dr. Good morning Pete and Dana, Town Council has moved neighborhood meetings back to in person, and requested staff pursue hybrid and recording options. At this time however, the budget for those features has not been reviewed or approved and we will not be webcasting meetings. Best, Kyle Packer Kyle Packer, LEED Green Associate Planner I Community & Economic Development Department Town of Oro Valley 520.229.4822 From: PETER&DANA SYLVESTER <sylvesterp@comcast.net> Sent: Friday, March 25, 2022 8:53 AM To: Packer, Kyle <kpacker@orovalleyaz.gov> Subject: East Corner Rancho Vistas and Morning Vista Dr. Kyle will you be web casting this meeting for better resident participation? Pete & Dana Sylvester sylvesterp@comcast.net 5203058565 13773 n. bushwacker pl. 1 Packer, Kyle From:justin sanchez <justin_sanchez@yahoo.com> Sent:Tuesday, March 22, 2022 9:51 PM To:Packer, Kyle Subject:Fwd: Morning Vista Project Follow Up Flag:Follow up Flag Status:Flagged Hi Kyle, Here is a email from my neighbor as well for your records. Thanks, Justin Sanchez Sent from my iPhone Begin forwarded message: From: Lance Bryant <preslbryant@gmail.com> Date: March 22, 2022 at 4:55:00 PM MST To: Keri Silvyn <ksilvyn@lslawaz.com> Cc: justin sanchez <justin_sanchez@yahoo.com> Subject: Re: Morning Vista Project I would like to express my sentiments as well. I agree 100% with Justin. He and I have had numerous discussions about the height and closeness of your #18 unit. We are hoping for another alternative, above and beyond just landscape options. I appreciate your consideration. Lance Bryant On Fri, Mar 11, 2022, 10:33 AM Keri Silvyn <ksilvyn@lslawaz.com> wrote: Lance, Justin and Jenn: First, I hope you all had a great holiday season, new year and are staying healthy and safe. I know it has been a while since we circled back after our meetings in late summer/fall. We have been working through some technical requirements with Town staff on the project over the past few months. We made our third submittal of plans to the Town this week. I wanted to let you know that our architectural submittal includes the Option A layout (see attached 2 pages from our submittal) relative to the treatment of the boundary near your homes. We also note on our landscape plans that we will be working with you on the specific plantings near your homes(see attached colored site plan.) We have the allergy list as well from Jenn. We are required by the Town to hold a second neighborhood meeting, which is scheduled for March 30th at 6:00 in person at the Town Council chambers. There will be a separate notice you will receive and I believe the Town is posting the notice on the property today. Let us know if you want to talk at all before that neighborhood meeting. 2 Keri Lazarus Silvyn, Esq. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Helping Communities and Developers Grow Responsibly Cell: 520.270.7099 | Office: 520.207.4464 KSilvyn@LSLawAZ.com The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. CONFIDENTIALITY NOTE: This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you. 1 Packer, Kyle From:Packer, Kyle Sent:Wednesday, March 30, 2022 4:33 PM To:Sarah Nelson Subject:RE: Meeting tonight - 2003075 Good afternoon Sarah, At this time Town Council has moved neighborhood meetings back in-person. There will not be a live cast or recording of the meeting due to staff resource constraints, however a meeting summary will be posted in the next few days on the project’s OVprojects.com webpage. Best, Kyle Packer Kyle Packer, LEED Green Associate (he/they) Planner I Community & Economic Development Department Town of Oro Valley 520.229.4822 From: Sarah Nelson <noslens71@gmail.com> Sent: Wednesday, March 30, 2022 4:25 PM To: Packer, Kyle <kpacker@orovalleyaz.gov> Subject: Meeting tonight - 2003075 Hi, Kyle. Sarah Nelson here. Is the meeting tonight only in person or will we be able to watch it online? Thank you! I hope to see you online! Sarah Nelson 12939 N Carlsbad Place 623.640.6059 phone 1 Packer, Kyle From:justin sanchez <justin_sanchez@yahoo.com> Sent:Thursday, March 31, 2022 2:22 PM To:Packer, Kyle Cc:preslbryant@gmail.com Subject:Re: Lot 18 Design for Morning Vista Thank you Kyle! Sincerely, Justin Sanchez Sent from my iPhone On Mar 31, 2022, at 9:19 AM, Packer, Kyle <kpacker@orovalleyaz.gov> wrote: Good morning gentlemen, I wanted to let you know that after our meeting last night where I recommended possible avenues for revising lot 18, the planning administrator and representative for the town engineer present last night let me know they will be pursuing these same possibilities with the applicant in a meeting early next week. I’ll keep you updated on any developments that result, as I’m sure the applicant will as well. Best, Kyle Kyle Packer, LEED Green Associate (he/they) Planner I Community & Economic Development Department Town of Oro Valley 520.229.4822 1 Packer, Kyle From:justin sanchez <justin_sanchez@yahoo.com> Sent:Tuesday, March 22, 2022 9:51 PM To:Packer, Kyle Subject:Fwd: Morning Vista Project Follow Up Flag:Follow up Flag Status:Completed Hi Kyle, Here is a email from my neighbor as well for your records. Thanks, Justin Sanchez Sent from my iPhone Begin forwarded message: From: Lance Bryant <preslbryant@gmail.com> Date: March 22, 2022 at 4:55:00 PM MST To: Keri Silvyn <ksilvyn@lslawaz.com> Cc: justin sanchez <justin_sanchez@yahoo.com> Subject: Re: Morning Vista Project I would like to express my sentiments as well. I agree 100% with Justin. He and I have had numerous discussions about the height and closeness of your #18 unit. We are hoping for another alternative, above and beyond just landscape options. I appreciate your consideration. Lance Bryant On Fri, Mar 11, 2022, 10:33 AM Keri Silvyn <ksilvyn@lslawaz.com> wrote: Lance, Justin and Jenn: First, I hope you all had a great holiday season, new year and are staying healthy and safe. I know it has been a while since we circled back after our meetings in late summer/fall. We have been working through some technical requirements with Town staff on the project over the past few months. We made our third submittal of plans to the Town this week. I wanted to let you know that our architectural submittal includes the Option A layout (see attached 2 pages from our submittal) relative to the treatment of the boundary near your homes. We also note on our landscape plans that we will be working with you on the specific plantings near your homes(see attached colored site plan.) We have the allergy list as well from Jenn. We are required by the Town to hold a second neighborhood meeting, which is scheduled for March 30th at 6:00 in person at the Town Council chambers. There will be a separate notice you will receive and I believe the Town is posting the notice on the property today. Let us know if you want to talk at all before that neighborhood meeting. 2 Keri Lazarus Silvyn, Esq. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Helping Communities and Developers Grow Responsibly Cell: 520.270.7099 | Office: 520.207.4464 KSilvyn@LSLawAZ.com The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. CONFIDENTIALITY NOTE: This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you. 1 Packer, Kyle From:Packer, Kyle Sent:Monday, April 4, 2022 4:49 PM To:John Beamish Cc:Lance Bryant; Justin Sanchez; Marilyn Robinson; Denise Burns Subject:RE: Lot 18 Design for Morning Vista Follow Up Flag:Follow up Flag Status:Flagged John, As an affected HOA, the Monterey Homes HOA will be notified in advance of the Planning and Zoning Commission meeting; As it sounds like you’re not quite the president of the HOA yet, you may want to reach out to me separately to provide your mailing address so I can ensure you’re on the list to be notified. Lastly, I would like to make an important clarification. Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is listed as a Public Hearing. This item will not be listed as a Public Hearing, but by reaching out through the process below, I suspect the request to speak would be granted. If you wish to address the Board virtually, please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email you a link to the Zoom meeting the day of the meeting. After being recognized by the Chair, staff will unmute your microphone access and you will have 3 minutes to address the Commission. Further instructions regarding remote participation will be included in the email. Hope this answers your questions on this matter, and as always don’t hesitate to reach out if you have any others. Best, Kyle Kyle Packer, LEED Green Associate Planner I Community & Economic Development Department Town of Oro Valley 520.229.4822 From: John Beamish <john_beamish@telus.net> Sent: Monday, April 4, 2022 9:26 AM To: Packer, Kyle <kpacker@orovalleyaz.gov> Cc: Lance Bryant <preslbryant@gmail.com>; Justin Sanchez <justin_sanchez@yahoo.com>; Marilyn Robinson <msmal@msn.com>; Denise Burns <kebdeb@msn.com> Subject: Re: Lot 18 Design for Morning Vista Thank you, Kyle. That's very encouraging news. We really appreciate the Town's willingness to work with us in coming up with a better design for Lot 18. I'm sure that reconfiguring the drainage so that the lot can be moved much further away from the existing homes would be a satisfactory solution for everyone. 2 It's also good news that the Planning and Zoning Commission meeting will be live-streamed. Do we just regularly check the Town's website to see what that date is going to be? If anything pertinent transpires regarding the development in the meantime, I would appreciate being kept in the loop. Best regards, John Beamish Board member / Monterey Homes On Mon, Apr 4, 2022 at 8:47 AM Packer, Kyle <kpacker@orovalleyaz.gov> wrote: Good morning John, It’s good to hear from you. At the neighborhood meeting we conducted last week, I discussed some possible alternatives for lot 18 with Justin and Lance; Town staff have since discussed those possibilities with the applicant, who seems quite interested in moving forward with redesigning lot 18 based on our proposals. It is likely the drainage will be reconfigured, and the lot will be moved much further away from both existing homes. Regarding meetings, the Town Council has moved neighborhood meetings back to in-person, which at this time limits staff resources to record or live-cast them. However, the next time this application will be brought to the public is at an upcoming Planning and Zoning Commission meeting, likely in May or June. These meetings are live-streamed and recorded, and will be available for both options at https://www.orovalleyaz.gov/Government/Departments/Town- Clerk/Meetings-and-Agendas. Best, Kyle Packer Kyle Packer, LEED Green Associate Planner I Community & Economic Development Department Town of Oro Valley 520.229.4822 From: John Beamish <john_beamish@telus.net> Sent: Sunday, April 3, 2022 1:21 PM 3 To: Packer, Kyle <kpacker@orovalleyaz.gov> Subject: Fwd: Lot 18 Design for Morning Vista Hello Kyle, I'm on the Board of Monterey Homes. We are currently reorganizing our roles but I will likely end up becoming President in the near future. This weekend I walked down the street and along with a couple of other Board members had a chat with the residents of our Lots 99 & 100 (Justin Sanchez and Lance Bryant). We went behind their homes and discussed the placement and grading for the controversial Lot 18. I have attached a rendering of the proposed home in case you haven't seen it yet. I must admit that I was shocked when I saw it. While the rest of the homes in the development look quite nice, the blank wall of this one looks more like a federal prison from their vantage point. No amount of landscaping is going to hide that wall from their homes. It's not too hard to see now why they are upset. The good news is that if the Town was to create a waiver of some sort and the house could be moved back by 10' in the northwest direction, I think that they would be satisfied. Maybe not thrilled, but at least satisfied. I hope that you will consider this in the upcoming meeting with the planning staff, engineering rep and the applicant. The applicant has been fairly reasonable up to this point in trying to come up with a solution that everyone can live with. With a minor adjustment to the Town's encroachment rules in this case, I think that we will have hit upon a satisfactory design for all. And speaking of meetings, could we please have the next public session done via Zoom? I am a snowbird and won't be in town. I also know that Mr. Sanchez will be out of town on a business trip and must have remote access as well. You had told me last week that the March 30 meeting couldn't be done on Zoom for budgetary reasons, but it's hard to see how the costs would spiral by going electronic. Even if it's just for this one meeting, we would certainly appreciate it. Thank you, Kyle. I've told Keri Silvyn that I am the contact person for the Board so kindly copy me on anything that may be relevant to the Monterey Homes HOA, including discussions with Mssrs. Sanchez and Bryant. Best regards, 4 John Beamish Board Member / Monterey Homes Begin forwarded message: From: justin sanchez <justin_sanchez@yahoo.com> Date: March 31, 2022 at 2:21:34 PM MST To: "Packer, Kyle" <kpacker@orovalleyaz.gov> Cc: preslbryant@gmail.com Subject: Re: Lot 18 Design for Morning Vista Thank you Kyle! Sincerely, Justin Sanchez Sent from my iPhone On Mar 31, 2022, at 9:19 AM, Packer, Kyle <kpacker@orovalleyaz.gov> wrote: Good morning gentlemen, I wanted to let you know that after our meeting last night where I recommended possible avenues for revising lot 18, the planning administrator and representative for the town engineer present last night let me know they will be pursuing these same possibilities with the applicant in a meeting early next week. I’ll keep you updated on any developments that result, as I’m sure the applicant will as well. Best, Kyle 5 Kyle Packer, LEED Green Associate (he/they) Planner I Community & Economic Development Department Town of Oro Valley 520.229.4822 1 Packer, Kyle From:Packer, Kyle Sent:Monday, April 4, 2022 4:31 PM To:John Beamish; Keri Silvyn Subject:RE: Residences at Morning Vista Follow Up Flag:Follow up Flag Status:Flagged John, Thanks for reaching out with your questions and thoughts on this. I’ve highlighted my responses to your questions below. Would you mind clarifying the status of Morning Vista Drive for us on the Board of Monterey Homes as well as the applicant? Per the approved final plat on file with Pima County, Morning Vista Drive is a private road . We have some documents which list it as a public street and we have others which show it as a private street. If it's the latter, it's clearly not going to remain private much longer when it is being used by two different developments. I've alerted Keri Silvyn that we are paying for water and maintenance on it right now but that we would expect a cost-sharing agreement to be put in place once work begins on the Residences project. As a private road, this is a common issue to navigate, and the Vistoso Community Association is likely an excellent resource for you and the applicant to reach out to to coordinate the necessary language to accomplish this. Frankly, I can see an agreement of this type being difficult to put together. Not to mention the added chore of billing for it. If the developer or HOA don't pay their fair share, are we supposed to block them from entering their development? Obviously we would hope that things wouldn't escalate to that point but it would certainly be far simpler for all involved if the Town now declared it a public street and assumed the responsibility for its upkeep. There may be a possibility to discuss turning Morning Vista Drive into a public road with the public works department, however this almost exclusively requires true public access to the road, meaning there can be no gate barring entry to the street or its adjacent public features and utilities, such as sidewalks. Let me know if this is something you’d like to discuss or explore further. I hope this answers your questions, and if you have any others please don’t hesitate to reach out to discuss further. Best, Kyle Packer Kyle Packer, LEED Green Associate Planner I Community & Economic Development Department Town of Oro Valley 520.229.4822 2 From: John Beamish <john_beamish@telus.net> Sent: Sunday, April 3, 2022 6:42 PM To: Packer, Kyle <kpacker@orovalleyaz.gov>; Keri Silvyn <KSilvyn@lslawaz.com> Subject: Residences at Morning Vista Hello Kyle, Would you mind clarifying the status of Morning Vista Drive for us on the Board of Monterey Homes as well as the applicant? We have some documents which list it as a public street and we have others which show it as a private street. If it's the latter, it's clearly not going to remain private much longer when it is being used by two different developments. I've alerted Keri Silvyn that we are paying for water and maintenance on it right now but that we would expect a cost- sharing agreement to be put in place once work begins on the Residences project. Frankly, I can see an agreement of this type being difficult to put together. Not to mention the added chore of billing for it. If the developer or HOA don't pay their fair share, are we supposed to block them from entering their development? Obviously we would hope that things wouldn't escalate to that point but it would certainly be far simpler for all involved if the Town now declared it a public street and assumed the responsibility for its upkeep. Thanks for your attention to this and we'll look forward to any input that you may have. Best regards, John Beamish Board member / Monterey Homes 1 Packer, Kyle From:Gerschwin Sutherland <gerschwin@gmail.com> Sent:Monday, April 18, 2022 3:01 PM To:Keri Silvyn; Packer, Kyle Subject:Re: March 30th meeting about development on East corner of Rancho Vistoso Blvd & Morning Vista Dr Follow Up Flag:Follow up Flag Status:Flagged Hi Keri and Kyle, Thank you very much for the information. Scot Sutherland On Mon, Apr 18, 2022 at 8:57 AM Keri Silvyn <ksilvyn@lslawaz.com> wrote: Thanks Kyle. Scot: If we have the conceptual site plan, architecture and landscape architecture approved in June, we would then proceed with the final documents through the Town which take about 6-8 months to complete. At that point, we would be working on any final construction drawings and should be ready to start construction. So we are aiming for end of this year/first quarter of next year. My contact information is below if you have any additional follow-up questions. Keri Lazarus Silvyn, Esq. Helping Communities and Developers Grow Responsibly Cell: 520.270.7099 | Office: 520.207.4464 KSilvyn@LSLawAZ.com 2 CONFIDENTIALITY NOTE: This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you. From: Packer, Kyle <kpacker@orovalleyaz.gov> Sent: Monday, April 18, 2022 8:15 AM To: Gerschwin Sutherland <gerschwin@gmail.com> Cc: Keri Silvyn <ksilvyn@lslawaz.com> Subject: RE: March 30th meeting about development on East corner of Rancho Vistoso Blvd & Morning Vista Dr Good morning Scot, Thank you for your email. I’ve cc’ed Keri Silvyn, the applicant’s representative, who should be able to provide you with more information regarding the timeline of this project’s construction. Please let me know if you have any other questions. Best, Kyle Packer Kyle Packer, LEED Green Associate Planner I Community & Economic Development Department Town of Oro Valley 520.229.4822 3 From: Gerschwin Sutherland <gerschwin@gmail.com> Sent: Saturday, April 16, 2022 5:22 AM To: Packer, Kyle <kpacker@orovalleyaz.gov> Subject: Re: March 30th meeting about development on East corner of Rancho Vistoso Blvd & Morning Vista Dr Hi Kyle, Thank you for your response. I've taken a look at the documents posted to the OVProject.com website after the March 30th neighborhood meeting. They include a list of questions asked, but not the answers. We're curious what the answer was to the question "What is the timeline for build-out?". I see that there are tentatively planned public meetings on May 3rd (Planning and Zoning Commission) and June 1st (Town Council). Was there any discussion of what comes after that? When the building of the units might actually begin and end? Thanks Scot Sutherland 13728 N Carlynn Cliff Dr Oro Valley, AZ 85755 On Mon, Mar 21, 2022 at 12:25 PM Packer, Kyle <kpacker@orovalleyaz.gov> wrote: Good afternoon Scot, Thank you for reaching out to regarding this project. We’ve updated the documents available on the project’s OVprojects.com webpage and you should now find the applicant’s revised site, landscape, and architecture proposals under the “Applicant’s Submittal” section. Regarding the meeting and Zoom availability, Town Council has shifted neighborhood meetings back to in-person. At this time staff is working with IT to find solutions for live Zoom attendance and/or recording, but is unaware of the capacity to have these services prepared for this meeting. The OVprojects.com webpage will be updated with 4 recordings and other materials if we are able to coordinate with IT to make this happen. If you have any other questions, please don’t hesitate to reach out. Best, Kyle Packer Kyle Packer, LEED Green Associate Planner I Community & Economic Development Department Town of Oro Valley 520.229.4822 From: Gerschwin Sutherland <gerschwin@gmail.com> Sent: Sunday, March 20, 2022 11:02 AM To: Packer, Kyle <kpacker@orovalleyaz.gov> Subject: March 30th meeting about development on East corner of Rancho Vistoso Blvd & Morning Vista Dr Hi Kyle, I got a notice about this meeting and was wondering if there are any more details. I looked on the OVprojects.com website and didn't see anything new there. Will there be an opt ion to watch this meeting via Zoom, as there was with the previous public meeting on this project? Or would there be a video of the meeting posted afterwards? Thanks Scot Sutherland 13728 N Carlynn Cliff Dr Oro Valley, AZ 85755 1 Packer, Kyle From:justin sanchez <justin_sanchez@yahoo.com> Sent:Monday, April 4, 2022 12:50 PM To:Keri Silvyn Cc:preslbryant@gmail.com; Packer, Kyle; Sarabia, Michael; Robin M. Large; John Beamish; Jenn Sanchez Subject:Re: APPROVED! Re: Lot 18 reconfiguration Follow Up Flag:Follow up Flag Status:Flagged I will be at all the meetings and you have my full support. Thanks, Justin Sanchez Sent from my iPhone On Apr 4, 2022, at 12:40 PM, Keri Silvyn <ksilvyn@lslawaz.com> wrote: Thanks Justin. I told you we really do like getting to a YES more than saying No. Huge thanks to Town staff for working this through with us also! We will work on getting this submitted and would love your support at our hearings when those are scheduled!!! Keri Lazarus Silvyn, Esq. Helping Communities and Developers Grow Responsibly Cell: 520.270.7099 | Office: 520.207.4464 KSilvyn@LSLawAZ.com CONFIDENTIALITY NOTE: This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you. 2 From: justin sanchez <justin_sanchez@yahoo.com> Sent: Monday, April 4, 2022 12:39 PM To: preslbryant@gmail.com; Keri Silvyn <ksilvyn@lslawaz.com> Cc: Packer, Kyle <kpacker@orovalleyaz.gov>; Sarabia, Michael <msarabia@dswcommercial.com>; Robin M. Large <rlarge@lslawaz.com>; John Beamish <john_beamish@telus.net>; Jenn Sanchez <ryleejai@yahoo.com> Subject: APPROVED! Re: Lot 18 reconfiguration Keri, Kyle, Michael and Robin, I want to tell you thank you for coming back with this design change! My wife and I are VERY happy with this change and welcome your new subdivision. We really appreciate all of you coming back with a plan that addresses our concerns. Sincerely, Justin and Jennifer Sanchez On Monday, April 4, 2022, 12:14:50 PM MST, Keri Silvyn <ksilvyn@lslawaz.com> wrote: Justin and Lance: After our neighborhood meeting, Town staff as been working with us to see what we can do with Lot 18 and still remain within Code compliance. It took us a few days to vet the attached to make sure we can still meet Code and we can. We need to get our resubmittal in by end of this week, so we wanted to get this over to you ASAP to review. This also provides more area on our side of the property line for landscape buffer since I know your HOA cannot give us permission for plantings. Please feel free to call me on my cell phone to discuss – number is below. Thank you for continuing to work with us on this issue. Keri Lazarus Silvyn, Esq. Helping Communities and Developers Grow Responsibly Cell: 520.270.7099 | Office: 520.207.4464 KSilvyn@LSLawAZ.com 3 CONFIDENTIALITY NOTE: This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you.    Planning & Zoning Commission 3. Meeting Date:05/03/2022   Requested by: Bayer Vella, Community and Economic Development  Case Number: N/A SUBJECT: DISCUSSION REGARDING PROPOSED CODE AMENDMENTS TO ALIGN AND CLARIFY STANDARDS IN THE MULTI-FAMILY ZONING DISTRICTS, CHAPTER 23, PROVISIONS FOR RECREATION AREA, CHAPTER 26, DEFINITIONS, CHAPTER 31 AND OTHER RELATED ITEMS RECOMMENDATION: This item is for information and discussion purposes only. It will be scheduled for consideration by the Planning and Zoning Commission at a later date.  EXECUTIVE SUMMARY: In March 2022, the Planning and Zoning Commission approved initiation of a zoning code amendment to review and update the R-6 setback and recreation development standards as they relate to an array of housing types. During staff's research for the code amendment, it was apparent other gaps existed with regard to applying standards to low-rise, high-density housing developments, also knows as the "missing middle" housing. As depicted in the image below, the term "middle missing" housing describes attached products (e.g. duplexes and townhomes), which are compatible in scale and form to single-family homes and create a transition between single-family subdivisions and multifamily complexes.   The Town currently has four multifamily zoning districts:  R-4 and R-4R permit attached housing products such has patio homes, townhomes, duplexes, casita and cottages R-S and R-6 permit the full range of housing products including detached units, attached units, or a mixture thereof, multi-level units which includes apartments, or live-work developments.  Recently, the Town received four applications for developments with a mixture of detached and attached housing products. Upon review of these applications, it was apparent clarification is needed to apply existing zoning standards to these various housing developments. Additionally, the same type of housing development is illogically subject to different standards based on its zoning. For example, a residential development with the same housing product requires a different amount of recreation space if built in an R-4 zoning district instead of an R-6 zoning district. The proposed code amendment (Attachment 1) aims to ensure consistent application of existing code requirements is achieved by doing the following:  1. Define housing types based on built characteristics rather than industry terms  Issue: Industry terms, such as patio homes, casita, cottages, townhomes, apartments etc. have overlapping definitions and change over time. Proposed amendment: Redefine housing types based on the characteristics of the structure by using terms such as detached, attached, and multi-level.  2. Align existing recreation, parking and design standards with the applicable housing development type. Housing developments either separate each unit on an individual lot (typical subdivision) or have units on a commonly owned parcel(s). A typical subdivision design offers private rear and side yards, front yards and on-lot parking with either detached or attached units. Whereas, a typical residential leasing complex has small rear yards/patios, no front or side yards and offers shared parking with either a mix of detached and attached units or multi-level units.  Existing recreation requirements  Issue: Currently, multifamily recreation requirements are based on the zoning district rather than the type of housing development proposed. The issue with this "one-size" fits all approach is a wide range of housing products are permitted in multifamily zoning districts. The challenge is best explained using the R-6 district as an example, which permits a range of housing types from detached units (typical subdivision design) to multi-level units (apartments). However, the R-6 recreation standards are most suitable for the highest density product, or compact apartments. They are not suited for low-rise, high-density products (detached or attached units), which tend to be more spread out on the site. Issue: The current code is not definitive on the recreation space and amenities required when residential projects are developed in an R-S (Residential-Service) or R-4R (Resort District) zoning district. Both of which permit the site to be developed with housing only.  Proposed amendment: Align the existing recreation standards to the applicable type of housing development (e.g. subdivision); regardless of zoning. For instance, all subdivisions (detached, attached or a mixture with each unit on an individual lot) will have the same requirement for shared recreation space. Additionally, the proposed code amendment clarifies the amenities required in a recreation space for all types of housing developments.  Existing parking and design standards:  Issue: The code has specific parking and design standards for detached housing products and attached/multi-level housing products. However, it is unclear which parking or design standards are applicable to developments with a mix of detached and attached units. Proposed amendment: Similar to the recreation standards, the proposed code amendment aligns the existing parking and design standards with the housing development type.  3. Update the R-6 setbacks for consistency with other OV multifamily zoning districts  Issue: The R-6 setbacks are unlike any other multifamily residential zoning districts. The setbacks are not based on adjacent uses, like the other multifamily districts but a standard distance regardless if the surrounding use is a road, lower-density or non-residential. Issue: The distance between buildings internal on the site is currently based on height, with larger distances for taller buildings. All other zoning districts, including single-family residential have an internal setback that applies to all building heights. This includes districts with the same height allowance as R-6 (25 feet, 2 stories). Proposed amendment: Clarifies the existing setbacks are for the perimeter of the site and requires more distance from roadways and lower-density uses and less distance from analogous or higher intensity uses. It also requires a 10' distance between all buildings, regardless of height. The distance between buildings is derived from other OV multifamily districts, which allow the same or more height than the R-6 zoning district.  The proposed code amendment supports several goals and policies in the General Plan regarding diverse housing types, amenities for housing developments and transitions between land uses. It represents a first step in addressing a variety of housing products such as low-rise, high-density housing. The update to the design standards anticipated for later this year will bolster design requirements for attached products (e.g. townhomes, duplexes, etc.). Additionally, the upcoming housing study, anticipated for completion by the end of the year/early next spring may recommend further code amendments to have diverse housing types for current and future residents.  This item is for information and discussion purposes only. It will be scheduled for consideration by the Planning and Zoning Commission at a later date.  BACKGROUND OR DETAILED INFORMATION: According to the Urban Land Institute's Arizona Chapter, low-rise, high-density housing products will increase in demand throughout the State. These housing products are either detached, attached, or a mixture thereof. Consistent with this statewide trend, Oro Valley has recently received four applications to develop both attached and detached housing products. Upon review of these applications three issues in applying the existing code surfaced:  The code's current housing definitions overlap and do not clearly define which type of housing is applicable to a development with a mixture of detached and attached products. Understanding the housing development type is important to determine which standards (e.g. recreation standards) are most applicable. 1. The recreation, parking and design standards are based on zoning or specific to detached or multi-level (apartment) units. The "one-size" fits all approach is not suitable to all housing types permitted in multifamily zones and excludes developments with mixed unit types.  2. The setback in an R-6 zoning district are not based on adjacent uses and the internal setbacks are based on building height. Both of which are unlike other multifamily residential zoning district. This includes equivalent zoning districts in Planned Area Developments (PADs).  3. Staff reviewed other jurisdictions' definitions and resources relative to the "missing middle housing" to propose the following:  Add clarity and reduce overlap by defining housing types based on the built characteristics rather than industry terms.1. Align the existing recreation, parking and design standards to the applicable housing development type; regardless of zoning. 2. Require larger setbacks from adjacent roadways and lower-density uses in an R-6 zoning district. Apply the same distance between each building as other multifamily districts; regardless of height.  3. The proposed code amendments (Attachment 1) represent a first step to apply existing standards to a variety of housing types. Additional code amendments may be proposed with the upcoming design standards update and/or once the Oro Valley housing study is complete later this year/early next Spring.  study is complete later this year/early next Spring.  DISCUSSION/ANALYSIS: 1. Updating the definitions for housing types The zoning code currently includes definitions of housing types based on industry terms. However, these industry terms evolve with market trends. For instance, patio home is antiquated while the term casita is gaining popularity.  As depicted below, a larger issue with the existing definitions is they overlap. For instance the difference between a patio home, townhouse and apartment is not very clear.  The proposed code amendment aims to resolve both issues by focusing the definitions on the built characteristics. By doing so, the new terms will prevail over time, encompass a broad range of industry types and clearly delineate one housing type from another by highlighting each type's unique characteristics. The chart depicts the existing definitions and proposed changes.  2. Align existing recreation, parking and design standards with the applicable housing development types Currently, each multifamily zone has its own recreation requirement for all housing types permitted within the respective district. An example of when this becomes challenging is with the R-6 zoning district. R-6 allows a range of housing types from detached units to multi-level units, however, it requires a recreation standard that is most applicable to larger, compact complexes. Applying the current R-6 standard, which requires a single, large outdoor rec space, indoor rec space and a tot lot is difficult to meet in subdivisions with detached or attached units. Basing the recreation requirements on zoning rather than housing development type also means the same housing development is subject to different recreation requirements if they develop in an R-4 zone instead of an R-6 zone. Lastly, some zoning districts such as R-S (Residential-Service) and R-4R (Resort) are unclear about the recreation amenities required when the sites are developed solely with housing; as permitted by code.  In addition to recreation, applying existing parking requirements and design standards is clear for subdivisions with detached units or multi-level (apartment) complexes. However, applying existing standards for residential subdivisions or complexes with a mix of detached and attached units (missing middle housing) is less clear.  To resolve these issues, the proposed code amendment aligns the existing standards to the type of housing being developed. Detached or attached or multi-level units are either developed with each unit on an individual lot (typical subdivision) or with each unit on a common lot/parcels (typical housing complex). Residential subdivisions have similar characteristics whether the units are detached, attached or a mixture of both. Residential complexes also have similar characteristics whether the units are detached, attached or multi-level.   As proposed, the most suitable standards will be applied to developments with similar characteristics as depicted below. By doing so, residential subdivisions and residential complexes are treated the same regardless of underlying zoning or housing type.  3. Update the R-6 setbacks for consistency with other OV multifamily zoning districts Most multifamily residential zoning districts' perimeter setbacks are based on the adjacent property's use to require more distance from roads or lower-density uses. However, the current R-6 setbacks require 30' to the front (property line along the street the development it is addressed from) and 20' along the side and rear; regardless of adjacent use.  An internal setback is the distance between each detached building/unit. Typically, these are minimal (5-10 feet) to create a compact, high-density development; regardless of height. However, the existing R-6 internal setbacks require larger distances between taller buildings. For instance, two, two-story apartment buildings require 20 feet between them yet two, single-story apartment buildings only require 10 feet between them. Basing the distance between buildings on height is unique to the R-6 district. Other multifamily zoning districts with similar height allowances provide one distance between buildings regardless of height (see table below) and perimeter setbacks based on surrounding uses: The proposed code amendment aligns the existing perimeter setbacks with the applicable adjacent use. Additionally, it applies the same distance required between all buildings regardless of height as shown below.  The aspects explained above add the clarity needed to apply existing zoning requirements to a variety of housing types.  GENERAL PLAN COMPLIANCE The proposed code amendment was reviewed for compliance with the General Plan. By clarifying housing definitions and applying standards to support a variety of housing products, the proposed code amendment meets the following:  Goal D: A community with a wide range of services, amenities, shopping and dining opportunities and housing types that meet the needs of current and future residents. Goal X: Effective transitions between differing land uses and intensities in the community. CC.2: Provide appropriate park facilities and services for residents of all ages in the communities. CC.7: Support the development of diverse housing types within the community. LU.5: Provide diverse land uses that meet the Town's overall needs and effectively transition in scale and density to adjacent neighborhoods. SUMMARY AND NEXT STEPS In summary, the proposed code amendment aims to align and clarify the application of multifamily zoning district requirements to a range of housing types already permitted within the Town. This includes low-rise, high-density housing products developing statewide and being proposed in Oro Valley. To ensure consistent application of the existing standards, the proposed code amendment:  Updates the Town's housing type definitions to clearly distinguish between different low-rise, high-density housing types and apartments. 1. Focuses on the characteristics of the development to apply existing recreation, parking and design standards best suited for each housing type rather than using the current "one-size" fits all approach. This also clarifies the appropriate standards for developments with a mix of detached and attached products. 2. Updates the R-6 setbacks for consistency with other OV multifamily zones to maintain a transition between the development and roads or lower-density uses. 3. The proposed code amendment is a first step in applying code requirements to an array of housing types, often referred to as the "missing middle housing." The upcoming design standard update and housing study may recommend further amendments to address housing for current and future residents.  This item is for information and discussion purposes only. It will be scheduled for consideration by the Planning and Zoning Commission at a later date.    FISCAL IMPACT: N/A SUGGESTED MOTION: This item is for information and discussion purposes only. It will be scheduled for consideration by the Planning and Zoning Commission at a later date.  Attachments ATTACHMENT 1 - DRAFT CODE AMENDMENT  Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 1 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. Section 22.9 Design Review 1.Design Review Authorities a. The Planning and Zoning Commission shall review all applications prescribed in Section 21.3. The Planning and Zoning Commission shall have the authorities granted within this section, and additional authorities as may be expressly granted in other sections of the zoning code. b. The Planning and Zoning Commission shall make recommendations to the Town Council regarding conceptual design submittals for all residential or non-residential development, conceptual non- residential architectural design, conceptual public art (for non-call to artists projects), master sign programs, pad sign exemptions, and Tier II minor communications facilities that exceed the height requirement of the zoning district and major communications facilities. c. The Planning and Zoning Commission is authorized to approve, conditionally approve or disapprove the design of Tier II minor communications facilities (that meet the height requirement of zoning district), conceptual model home architecture, DETACHED AND ATTACHED DWELLING UNIT ARCHITECTURE and sign criteria. Planning and Zoning Commission decisions are subject to Town Council appeal in accordance with subsection D.8 of this section. The Planning and Zoning Commission shall base its decision on the design principles in subsection D of this section and the design standards within Addendum A of the zoning code. Section 23.1 Districts and Boundaries Thereof Section 23.1.A – No Changes B. Purpose of Districts 1. R1-300 Single-Family Residential District This district is intended to promote and preserve rural, single-family residential development. The district permits airparks and other uses that are compatible with the large single-family lots predominated by open space. 2. R1-144 Single-Family Residential District This district is intended to promote and preserve suburban-rural single-family residential development. The large lot size permits agricultural uses and promotes open space. 3. R1-72 Single-Family Residential District This district is intended to promote and preserve suburban-rural single-family residential development, with lots large enough to accommodate on-site sewer systems. 4. R1-43 Single-Family Residential District Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 2 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. This district provides for low-density residential development with lots large enough to accommodate on- site sewer systems. 5. R1-36 Single-Family Residential District This district provides for low-density residential development. 6. R1-20 Single-Family Residential District This district provides for low-density detached single-family residential development. 7. R1-10 Single-Family Residential District This district provides for medium density detached single-family residential development. 8. R1-7 Single-Family Residential District This district provides for medium high-density detached single-family residential development. 9. SDH-6 Site Delivered Housing District THIS DISTRICT PROVIDES FOR SITE-DELIVERED HOUSING DEVELOPMENT. The purpose of this zone is to provide for properly planned and orderly developed manufactured or site delivered housing subdivisions. The principal land use is single-family dwellings and uses incidental or accessory thereto. 10. R-4 Townhouse MIXED Residential District This district is intended primarily for TWO-FAMILY AND MULTI-FAMILY RESIDENTIAL DEVELOPMENTS. DETACHED DWELLING UNITS ARE PERMITTED AS A COMPONENT OF A TWO-FAMILY OR MULTI-FAMILY DEVELOPMENT. to provide for relatively low-density development having individual ownership and built- in privacy, either in the form of party wall construction or enclosed courtyards. 11. R-4R Resort District The Resort District THIS DISTRICT is intended primarily to provide for accommodations for seasonal visitors. The controlled access, deep setbacks, and landscaping requirements are intended to enhance the value, safety, and aesthetic quality of both the highway ENTRY frontage and the adjacent propertIESy. 12. R-S Residential Service District This district is composed of certain land and structures used primarily to provide administrative, clerical and professional offices of a residential scale and character to serve nearby residential and commercial areas as well as the Town as a whole. These uses are characterized by low volume of direct daily customer contact. Secondarily, this district provides for medium density residential uses. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 3 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. This district is designed to be a transitional zone and should be used to buffer low density residential uses from more intense land uses, districts and heavily traveled transportation routes. The property development standards, while strict in order to protect adjacent low density residential uses, are designed to be flexible enough to allow experimentation in office and housing design and to allow housing constructed within this district to incorporate its own protection from more intense adjacent uses. 13. R-6 Multi-Family Residential District This district is intended to support multi-family residential development, to accommodate an increased density of population and to provide recreational and aesthetic amenities, which enhance the residential character of a multi-family project and produce a high quality environment. This district also furnishes employment opportunities, by providing for business and professional office complexes on a residential scale, with low silhouettes, a variety of separate building masses and landscaped open space, to be compatible with surrounding residential uses. 14. C-N Neighborhood Commercial District This district provides small office and service centers within walking/biking distance or a short drive from adjacent neighborhoods. The center shall be designed to fit into the adjacent neighborhoods, serve as a neighborhood activity center, and provide a combination of uses that offer basic goods and services that meet the needs of the nearby residents. A mixture of office, retail, and residential is enabled in the C-N zone and is anticipated to provide a physically and functionally integrated combination of uses. Sites should be designed to accommodate multiple, smaller uses rather than a single, large use. C-N zoning may be found along multi-use paths, near parks, immediately between or among higher density residential developments and municipal service sites. It is most appropriate at the intersection of collector streets or a collector street and an arterial road. 15. C-1 Commercial District This district provides for large scale office complexes and medium sized retail centers, located on a major arterial. Through buffering and other mitigation measures, C-1 centers must be compatible with adjoining residential neighborhoods, while satisfying commercial and service business needs of nearby neighborhoods. 16. C-2 Commercial District This district provides for commercial activities designed to serve a regional area with emphasis on shopping centers and group commercial developments. Uses must incorporate extensive mitigation Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 4 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. measures to harmoniously co-exist with nearby neighborhoods. C-2 uses are substantial traffic generators and should be located near the intersection of two principal arterials. 17. PS Private Schools District This district provides for religious facilities and private educational facilities. 18. T-P Technological Park District This district is intended to provide high quality employment opportunities, such as research and development, biotechnology, and other similar industries. Uses include a mix of light industrial, professional office, warehouse, assembly and distribution, ancillary retail services and related uses. These uses generally occur in a business park-type environment with clustered buildings and inward focused activity intended to be compatible to adjacent residential areas. 19. Parks and Open Space District This district is primarily for those areas of the Town where it is desirable and necessary to provide permanent park, public open space, and in general, areas to be preserved in their present or managed state. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 5 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. Single-Family TWO-FAMILY AND Multi- Family Commercial Other USE CATEGORY SPECIFIC USE TYPE R1- 300 R1- 144 R1- 72 R1- 43 R1- 36 R1- 20 R1- 10 R1 -7 S D H 6 R- 4 R-4R R-S R-6 C-N C-1 C-2 PS T-P P O S NOTES RESIDENTIAL USES Residential Apartments DWELLING UNITS, MULTI-LEVEL P P P 23.7 26.5 Assisted Living Home P P P P P P P P P P 25.1.B.1 Dwelling Units, Single-Family DETACHED P P P P P P P P A P P 25.1.B.24 23.6 23.7 26.5 Dwelling Units, Site- Delivered, Single- Family P Dwelling Units, Attached, Including Condominium, Patio Home or Townhouse P P P P P 26.5 23.7 Home Occupations P P P P P P P P P P P P P P 25.2.D Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 6 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. Section 23.4 Table of Dimensional Requirements All primary and accessory structures shall be subject to the intensity and dimensional standards set forth in the following Tables 23-2. These intensity and dimensional standards may be further limited or modified by other applicable sections of this Code. Additional regulations and rules of measurement are set forth immediately following the table. A “*” indicates that these additional regulations and rules of measurement are applicable. Table 23-2A. Dimensional Requirements (Residential) Zoning District Minimum Property Size Minimum Lot Area (square feet) Yard Setbacks (feet) Building Height Minimum Distance Between Bldgs Addl Regs Area Width Front Side Rear (feet) R1-300 - 300,000 300 50 20 50 34 5 23.6.B R1-144 - 144,000 150 50 20 50 18 5* 23.6.C R1-72 - 72,000 150 50 35 50 22 5* 23.6.D R1-43 - 43,560 150 30 20 40 18 5* 23.6.E R1-36 - 36,000 120 30 15 40 18 5* 23.6.F R1-20 - 20,000 80 30 15 30 18 ft. or 2 stories 5* 23.6.G R1-10 - 10,000 80 25 10 25 25 ft. or 2 stories 5* 23.6.H R1-7 - 7,000 70 20 7.5 20 25 ft. or 2 stories 5* 23.6.I SDH-6 - 6,000 50 20* 15* (1st side) 5* (2nd side) 25* 18* 20* 23.6.J R-4 1 acre * - * * * 25 feet or 2 stories 10* 23.7.B R-4R 50 acres prior to * - * * * 34 feet 10* 23.7.C Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 7 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. Zoning District Minimum Property Size Minimum Lot Area (square feet) Yard Setbacks (feet) Building Height Minimum Distance Between Bldgs Addl Regs Area Width Front Side Rear (feet) street dedications R-S - - * * * 25 feet or 2 stories* 10* 23.7.D 23.7.E R-6 5 acres (residential) 1 acre (business and professional offices or other permitted or conditional use) * - 30* 20* 20* 25 feet or 2 stories* 10* 23.7.E Section 23.7 Property Development Standards for TWO-FAMILY AND Multi-Family Residential Districts A. Common Regulations of TWO-FAMILY AND Multi-Family Districts 1. Alternative development standards in Section 27.10.B.3 (environmentally sensitive lands) may be applied at the request of the property owner upon satisfaction of applicable ESL review criteria. 2. SECTION 23.5.C.2, SECTION 23.6 AND SECTION 25.2 SHALL APPLY TO SUBDIVISIONS WITH DETACHED AND/OR ATTACHED DWELLING UNITS WITH THE EXCEPTION OF SECTION 23.6.A.1. (MULTIPLE DWELLING UNITS) AND SECTION 25.2.A.4 (SETBACKS FOR ACCESSORY STRUCTURES). 1. Walls and Fences a. Section 23.6.A.3 shall apply to individual townhome lots or properties built with a single-family home. 2. Setback Exceptions a. Section 23.5.C.2 shall apply to single-family home properties built in a multi-family residential district. B. R-4 Townhouse MIXED Residential District Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 8 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. The provisions of Section 23.4 and the following additional requirements shall apply in this district. 1. Density The minimum gross land area per dwelling unit shall be five thousand four hundred fifty (5,450) square feet. 2. Open Space AND RECREATION Requirements THE RECREATION AND OUTDOOR LIVING REQUIREMENTS IN SECTION 26.5 SHALL APPLY. a. A minimum of ten percent (10%) of the total gross land area of the development shall be set aside for recreation uses or other common landscaped areas unless the overall density of the development is less than five (5) units per acre. The Town Council may waive this requirement because of the relationship of the development to an existing public park or recreation area. b. All accessory buildings for recreational purposes shall not occupy more than fourteen percent (14%) of the total area reserved for recreation uses and other common landscaped areas. 3. Setbacks i. Wherever an R-4 development abuts an R-1 District or an alley abutting R-1 Districts, the following shall apply: i. FOR SINGLE STORY STRUCTURES, A setback of not less than thirty (30) feet shall be maintained FROM ANY R-1 DISTRICT OR AN ALLEY ABUTTING A R-1 DISTRICT for single-story structures. An additional depth of ten (10) feet shall be provided for each additional story. i. A SETBACK OF NOT LESS THAN TWENTY (20) FEET SHALL BE PROVIDED FROM ALL PUBLIC OR PRIVATE STREETS SURROUNDING THE DEVELOPMENT. ii. Wherever an R-4 development abuts any district other than R-1, or abuts an alley adjacent to such other district, a A setback not less than ten (10) feet in depth shall be maintained FROM ALL OTHER PROPERTY LINES. d. No building or part thereof shall be erected or altered in this district that is nearer a dedicated street or private street than twenty (20) feet, except that the average setback from any dedicated street shall be at least twenty-five (25) feet. iii. A minimum distance of ten (10) feet shall be provided between all detached units. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 9 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. C. R-4R Resort District The provisions of Section 23.4 and the following additional requirements shall apply in this district. 1. Density a. The minimum gross land area per guest room shall be four thousand two hundred fifty (4,250) square feet. b. The minimum gross land area per dwelling unit shall be fifteen thousand (15,000) square feet. c. The total acreage required by subsections B.1.a and b of this section shall not exceed the gross acreage of the property. 2. Open Space Requirements a. Buildings may cover an aggregate area of twenty-five percent (25%), excluding parking areas. b. SITES DEVELOPED WITH RESIDENTIAL USES SHALL MEET THE RECREATION REQUIREMENTS IN SECTION 26.5. RECREATIONAL FACILITIES ASSOCIATED WITH A RESORT MAY BE CREDITED TOWARDS THE RECREATION REQUIREMENTS AS APPROVED BY THE PLANNING AND ZONING ADMINISTRATOR. 3. Site Perimeter Setbacks and Yards a. From perimeter streets: One hundred (100) feet b. From the property line of any R-1 district: One hundred (100) feet c. From the property line of any district other than R-1: Fifty (50) feet d. Exceptions: i. The above setbacks do not apply to buildings which meet the following: a) Used only for guest rooms that are detached from central hotel facilities or for dwelling units. b) A maximum of one (1) story in height. e. All buildings shall meet the following minimum setbacks: Thirty (30) feet adjacent to all perimeter property lines, including property lines abutting perimeter streets, except that the minimum setback shall be only twenty (20) feet adjacent to those perimeter property lines that abut districts other than R-1. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 10 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. f. The yards adjacent to perimeter streets shall be maintained as open space except for pedestrian and vehicular access ways and buildings as allowed in the exceptions. g. Walls, Fences, and Screening i. Walls, fences and walled driveway entrances shall not exceed three AND A HALF (3 1/2) feet in height in the required one hundred (100) foot yard along street frontages and in the ten (10) feet adjacent to the street where a thirty (30) foot setback is allowed along street frontages. Those yards must be maintained as landscaped open space and may be penetrated by pedestrian and vehicular access ways only. Walled driveway entrances not to exceed six (6) feet in height shall be permitted within the setback requirements if such entrance is compatible with the surrounding development. ii. Tennis courts shall have a fence a maximum height of twelve (12) feet and shall have a natural vegetated buffer or landscape screen a minimum of ten (10) feet wide provided and maintained on any abutting lot line. D. R-S Residential Service District The provisions of Section 23.4 and the following additional requirements shall apply in this district: 1. Standards for Townhouses RESIDENTIAL DEVELOPMENTS i. THE STANDARDS IN SECTION 23.7.B SHALL APPLY TO Whenever DEVELOPMENTS dwelling units are to be built as townhouses ATTACHED DWELLING UNITS, OR A COMBINATION OF ATTACHED AND DETACHED UNITS WITH EACH UNIT NOT ON AN INDIVIDUAL LOT., the development standards in Section 23.7.B shall apply. ii. THE SETBACKS, OPEN SPACE AND RECREATION STANDARDS IN SECTION 23.7.D. SHALL APPLY TO SUBDIVISIONS BUILT AS DETACHED DWELLING UNITS, OR A COMBINATION OF ATTACHED AND DETACHED DWELLING UNITS. 2. Density The minimum gross land area per dwelling unit shall be five thousand four hundred fifty (5,450) square feet. 3. Open Space Requirements a. There shall be a minimum of thirty-six percent (36%) of the net lot area in open space. b. Open space shall be provided in the following proportions: Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 11 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. i. A minimum of twelve percent (12%) of the net lot area shall be provided as frontage open space to provide a setting for the building, visual continuity within the community and a variety of spaces in the streetscape, except that the frontage open space shall not be required to exceed fifty (50) square feet per one (1) foot on public street frontage excluding drives. Exception: Where a lot has two (2) or more street frontages, there shall be no less than twenty (20) square feet of open space per one (1) foot of street frontage for one (1) street and no less than ten (10) square feet of open space per one (1) foot of street frontage excluding drives for other street(s). In no case shall a building be closer than twenty (20) feet to the front lot line. ii. A private outdoor living space shall be provided adjoining each dwelling unit equal to a minimum of twenty percent (20%) of the gross size of the dwelling unit, except that dwelling units above the first story shall provide space equal to a minimum of ten percent (10%) of the gross size of the dwelling unit. Outdoor living space on the ground level may be included in the open space requirements. iii. The remainder of the required open space shall be provided in common open space. 4. Building Height a. If the R-S development abuts a Single-Family Residential R-1 District or an alley abutting a Single- Family Residential R-1 District, the Town Council may limit the building height to one (1) story. The Planning and Zoning Commission shall provide a recommendation to the Town Council regarding the building height limitation. 5. Yards and Setbacks a. Wherever an R-S development abuts an R-1 or R-4 District, or an alley abutting any of those districts, a building setback of not less than forty (40) feet shall be maintained, except that covered parking may be constructed adjacent to the required bufferyard. b. Wherever an R-S development abuts any district other than R-1 or R-4 or abuts an alley adjacent to such other district, a building setback of not less than twenty (20) feet shall be maintained except that covered parking may be constructed adjacent to the required bufferyard. c. Larger setbacks may be required if the existing or future development of the area around the site warrants such larger setbacks. d. All areas between a building and a street frontage, except for access drives and walks, shall be open space. Where parking occurs between a building and street, an area thirty-five (35) feet in depth between the street and parking shall be maintained in a landscaped setting. This depth may Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 12 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. be decreased to a minimum of twenty (20) feet if special circumstances warrant approval by the Planning and Zoning Commission, such circumstances being: i. Depressed parking. ii. Wall and berming. e. Walls and Fences i. Walls and fences within the required frontage open space may not exceed three AND A HALF (3 1/2) feet in height or except as otherwise approved by the Building Official and the Planning and Zoning Administrator. Decisions may be appealed to the Town Council. E. R-6 Multi-Family Residential District The provisions of Section 23.4 and the following additional requirements shall apply in this district. 1. Standards for Townhouses Whenever dwelling units are to be built as townhouses, the development standards in Section 23.7.B shall apply with the exception of density (Section 23.7.E.2) and building height (Section 23.7.E.4). 2. Density The minimum gross land area per dwelling unit shall be three thousand five hundred (3,500) square feet, except that: the minimum gross land area per dwelling unit may be increased if based on conditions unique to the site as recommended by the Planning and Zoning Commission and approved by the Town Council. 3. Open Space AND RECREATION Requirements THE RECREATION AND OUTDOOR LIVING SPACE REQUIREMENTS IN SECTION 26.5 SHALL APPLY. Development of all R-6 zoned property shall provide a minimum of thirty-five percent (35%) of the net lot area as open space in the following proportions: a. Each lot shall contain a minimum of two hundred fifty (250) square feet of usable outdoor living space for each dwelling unit, exclusive of front yards. b. Not less than fifty percent (50%) of said required space shall be provided in a single common area, with a minimum dimension of twenty (20) feet at any point. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 13 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. i. Portions of yards (excluding the front yards) which are contiguous with and an integral part of the outdoor living space may be included in calculating the area and minimum dimensions of such space. ii. Pools and paved recreation areas may be developed in the required common space. c. A private outdoor living space shall be provided adjoining each dwelling unit equal to a minimum of twenty percent (20%) of the gross size of the dwelling unit, except that dwelling units above the first story shall provide such space equal to a minimum of ten percent (10%) of the gross size of the dwelling unit. Outdoor living space on ground level may be included in the open space requirement. d. Outdoor living areas shall be reasonably accessible to dwelling units served. e. Driveways and landscaping within driveway areas shall not be included in calculations of outdoor space. f. The remainder of the required open space shall be provided in landscaped or natural open space. 4. Building Height a. If the R-6 development abuts an R1-144, R1-43, R1-36, or R1-20 Single-Family Residential District the building height shall be limited to single story with a maximum exterior height of eighteen (18) feet within one hundred (100) feet of these districts. b. If the R-6 development abuts an R1-10, R1-7, R-4, R-S, R-4R, or another R-6 Residential District, building height may be limited to single story, with a maximum exterior building height of eighteen (18) feet, within fifty (50) feet as may be recommended by the Planning and Zoning Commission and approved by Town Council. 5. Minimum Distance Between Buildings SETBACKS a. Between two (2) single-story structures: Ten (10) feet; b. Between a single-story and a two (2) story structure: Fifteen (15) feet; c. Between two (2) two (2) story structures: Twenty (20) feet. A. A SETBACK OF NOT LESS THAN TWENTY (20) FEET SHALL BE MAINTAINED FROM ANY R-1 DISTRICT OR AN ALLEY ABUTTING A R-1 DISTRICT. B. A SETBACK OF NOT LESS THAN THIRTY (30) FEET SHALL BE PROVIDED FROM ALL PUBLIC OR PRIVATE STREETS SURROUNDING THE DEVELOPMENT. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 14 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. C. A SETBACK NOT LESS THAN TEN (10) FEET IN DEPTH SHALL BE MAINTAINED FROM ALL OTHER PROPERTY LINES. D. A MINIMUM DISTANCE OF TEN (10) FEET SHALL BE PROVIDED BETWEEN ALL DETACHED UNITS. 6. Walls, Fences and Required Screening a. Walls and fences within the required front setback are limited to three (3) feet, unless otherwise approved by the Building Official or Planning and Zoning Administrator. Decisions may be appealed to the Town Council. b. All areas between a building and a street frontage except for access drives and walks shall be open space. Where parking occurs between a building and the PERIMETER street, an area thirty-five (35 30) feet in depth between the street and parking shall be maintained in a landscaped setting. This depth may be decreased to a minimum of twenty (20) feet if special circumstances warrant approval by use permit or THE Planning and Zoning Commission approval, such circumstances being: i. Depressed parking; ii. Wall and berming. 7. Recreational Facilities a. Wherever there is constructed on a lot, or contiguous lots, multiple dwellings which have fifty (50) or more dwelling units, an active outdoor recreational facility shall be provided for the occupants of said units. In addition to the active outdoor recreation area, an indoor recreational facility shall also be provided for the occupants of said dwelling units. The recreational facility may be used as the leasing, sales, or manager’s office, but that use may not exceed thirty percent (30%) of the gross floor area. The balance of the facilities shall include group meeting facilities and facilities for exercise, table sports, and games. b. Wherever there is constructed a multiple dwelling which has twenty (20) or more dwelling units, there shall be provided on the lot site of said multiple dwellings a play area for children. Said play area shall be separated from any private access ways and public streets by a fence or wall. The tot lot requirement shall be excluded from a senior citizens development. Section 23.8 Property Development Standards for Nonresidential Districts A. Common Regulations of Nonresidential Districts Alternative development standards in Section 27.10.B.3 (environmentally sensitive lands) may be applied at the request of the property owner upon satisfaction of applicable ESL review criteria. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 15 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. B. C-N Neighborhood Commercial District 1. Floor Area Limits a. Commercial uses shall be no greater than five thousand (5,000) square feet of gross floor area per individual business, except that drug stores, grocery stores and hardware stores shall be no greater than nine thousand (9,000) square feet. b. Expansions of commercial uses beyond these floor area limits may be allowed with a conditional use permit. c. The aforementioned square footage limits do not apply to buildings used for residential, public, institutional, civic, office, and senior care purposes. d. Residential units may comprise no more than fifty percent (50%) of the total gross floor area of the development nor occupy more than fifty percent (50%) of the site by area. e. The minimum gross land area per residential dwelling unit shall be three thousand five hundred (3,500) square feet. 2. Building Height a. If a contiguous residential district has a more restrictive height standard, all buildings within eighty-five (85) feet of the property line of contiguous R-1 single-family residentially zoned property shall conform to that more restrictive standard of the contiguous zone. b. Architectural design features such as cornices, lintels, caps, parapets or other similar elements to vary the roof line or screen mechanical equipment may exceed this limitation by no more than ten (10) feet. 3. Courtyards and Pedestrian Malls Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 16 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. a. The design of the site shall include a landscaped courtyard(s) or pedestrian mall with buildings enclosing the courtyard and opening onto the courtyard from at least two (2) sides. b. The courtyard or mall should contain all or a portion of the required public art. c. The courtyard(s) or pedestrian mall shall be a minimum of two percent (2%) of the net lot area of the site in square feet, which shall be considered to be part of any required open space. d. The courtyard or pedestrian mall shall contain shaded seating areas for employees and patrons, and may include benches or seat walls, planters with specimen landscape trees, and potted plants to provide shade and visual interest. 4. Site Perimeter Yards and Setbacks Front: twenty (20) feet or where adjacent to a residential district, the front setback regulations of the residential district shall apply; whichever is greater. a. Side and Rear Setbacks i. Fifty (50) feet or 3:1 (setback to building height) where the lot abuts a property used or intended for residential purposes, whichever is greater. ii. Twenty-five (25) feet where the lot abuts a multi-family residential or nonresidential district. 5. Service and Delivery Outdoor Activities Hours of Operation a. Service and delivery operations are allowed only between 6:00 a.m. and 9:00 p.m., Monday through Saturday and 7:00 a.m. to 7:00 p.m. on Sundays. These hours must be posted in all service and delivery areas. Hours may be extended with a Conditional Use Permit. b. Outdoor speakers are prohibited. Outdoor entertainment shall be limited to 9:00 a.m. to 10:00 p.m., seven (7) days a week. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 17 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. 6. Commercial Site Design a. Where feasible, buildings shall be placed to the front of the property to visually reinforce the streetscape and promote a human-scale, pedestrian and bicycle friendly design. b. Buildings may only be set back beyond the setback line as necessary to accommodate shop entrances, arcades, plazas, sidewalk dining areas, or other approved amenities, parking areas, or landscaping. c. Parking in front of buildings is limited to fifteen percent (15%) of the total required off-street parking spaces. d. Well-defined pedestrian sidewalks, bicycle lanes, or shared-use paths shall connect to existing walks, lanes, or paths to adjacent developments. 7. Parking a. A minimum of eighty-five percent (85%) of the required parking shall be placed behind or to the side of buildings. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 18 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. source: Casas Adobes Plaza b. Parking placed in front of the buildings shall be accessed from a single access lane or may be provided on-street in front of the building, subject to approval by the Engineering Division. c. Parking design shall minimize noise and light pollution impacts to adjacent residential properties. 8. Residential Site Design a. Residential uses, which include condominiums, townhomes, and apartments, shall be physically and functionally integrated with commercial uses by utilizing one (1) or more of the following design strategies: i. Attached Dwelling Units with First Floor Office or Retail source: www.rosecrestvillage.com Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 19 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. ii. Nonresidential uses shall provide pedestrian paths linking them with multi-family THE residential uses on the property. source: www.internest.com b. A shared or private outdoor living area of at least one hundred fifty (150) square feet shall be provided for each residential unit. Covered porches and patios may be provided to satisfy this requirement. c. Private outdoor living areas shall be screened from parking areas and adjacent uses with an architecturally compatible opaque fence or wall with a minimum height of five (5) feet. d. Underground parking or first floor garages are encouraged. For each two (2) square feet of underground or first floor garage, one (1) square foot of additional floor area is permitted. 9. Architecture The development shall reflect the architectural themes and colors of adjacent residential developments utilizing materials appropriate for commercial construction. The architecture shall comply with all design standards and guidelines. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 20 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. source: amreit.com Section 24.4 Planned Area Development (PAD) A. Purpose The purpose of this Section is to improve and protect the public health, safety, and welfare by pursuing unified planning and development and provide for development proposals, which are superior to that which may occur under conventional zoning regulations and the following objectives: 1. To ensure that future growth and development which occurs is in accord with the adopted goals and elements of the general plan and all planning policies of the Town. 2. To encourage innovative site planning by providing: a. Variety in individual lot sizes, b. Variety in land uses, c. Open space, d. Preservation of natural topography, e. Integrated circulation systems which provide for safe vehicular and pedestrian traffic interaction. f. Solar design and water conservation features such as water harvesting, minimizing or eliminating use of turf in landscaping, incorporating design features which enhance and protect solar access and providing for solar orientation of structures. 3. To foster the safe and efficient use of the land. 4. To facilitate greater efficiency in design and provision of adequate public services and infrastructure. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 21 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. 5. To avoid the inappropriate development of lands and provide for adequate drainage and reduction of flood damage. 6. To encourage patterns of land use which decrease trip length of automobile travel and encourage trip consolidation. 7. To increase public access to mass transit, bicycle routes and other alternative modes of transportation. 8. To reduce energy consumption and demand. 9. To minimize adverse environmental impacts of development. 10. To foster a rational pattern or relationship between land uses for the mutual benefit of the community. 11. To protect existing neighborhoods from harmful encroachment by intrusive or disruptive development. B. Applicability These provisions apply to any application for a rezoning to the PAD District. C. General Provisions The following standards and requirements apply to all PAD Districts: 1. Minimum district size: 20 acres 2. Minimum open space requirement: 20 percent of gross acreage of the PAD district. 3. Underlying zoning districts established: a. All PAD development plans shall include underlying zoning designations. The underlying or base zoning districts are to be derived from existing Oro Valley zones and reflect the most logical designation in consideration of the proposed land use for a particular parcel, tract, block, or planning unit. The development standards of the underlying zoning districts will prevail where the PAD does not specifically modify said standards. b. Underlying zoning districts shall be assessed by Town staff in determining adequacy for proposed land uses. 4. Modifications to the development standards of the underlying district may be permitted if they are found to offer a desirable improvement over the conditions produced by conventional zoning standards. The following standards may be modified: Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 22 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. a. Permitted and conditional uses, b. Area/volume ratios, c. Density, d. Building height, e. Distance between buildings, f. Landscaping, g. Yards and setbacks, h. Walls, fences and required screening, i. Access. D. Application The rezoning application shall follow the requirements of Section 22.3 with the following additions: 1. A tabular summary comparing all requested modifications to the normal underlying district standards shall be included in the PAD text. The summary will include rationale supporting the requested modifications. 2. A separate landscape concept plan shall be prepared which addresses the treatment of vehicular use, open space, pedestrian areas, and buffering of adjacent properties and uses including landscape buffer widths. 3. A text furnishing additional information as needed, including background information, appropriate detailing of development concepts incorporating architecture, open space, support data, and market studies, shall be submitted. The text shall, for each underlying zoning district within the PAD, include a listing of the proposed permitted and prohibited land uses and a statement indicating the variance of those land uses to the underlying zoning district. Schedules of development shall be included in the PAD text. If development and construction of the entire PAD is not to occur simultaneously, a plan showing the boundaries of each development phase shall also be provided. 4. Open space details, including allocation, dedication, floodplain preservation and percentages, by type. The amount of open space, both natural and landscaped, shall be specified, and treatments, purposes and ultimate ownership and maintenance of open space shall be described. E. Review Process Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 23 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. The rezoning review shall follow the procedures of Sections 22.3 and 22.15, with the following additions/modifications: 1. Public Hearings A minimum of two (2) public hearings before the Planning and Zoning Commission shall be required in order to ensure adequate review time for Commissioners and interested members of the public. The final Commission public hearing shall not be scheduled prior to the submittal of the final PAD development plan. F. General Plan Compatibility As a component of approval, all proposed PADs must be found to be consistent with the adopted Oro Valley General Plan and any other applicable, adopted area, neighborhood or specific plans. Compatibility is required for all applicable General Plan elements and shall be determined in accordance with subsection G of this section. Lack of compliance with the General Plan or its subsets may, solely, form the basis for PAD denial. Any PAD applicant who recommends deviation from the General Plan or other adopted plans shall concurrently apply for, and process, a plan amendment. Only upon approval of such an amendment may a non-complying PAD be subsequently approved. G. General Plan Criteria The following criteria are derived from the adopted Oro Valley General Plan. All PAD applications shall be evaluated utilizing these criteria. In order to approve a PAD, the Town Council must find eighty percent (80%) of the applicable criteria are adequately addressed in the PAD plan and text documents. All absolute criteria (shown in bold typeface) must be met by the proposed PAD. 1. Land Use Element a. Varied types and intensities of development have been incorporated. b. Site analysis information completely supports the land use proposals contained in the PAD. c. A mix of housing types, such as DETACHED, ATTACHED OR MULTI-LEVEL DWELLING UNITS single- family attached and detached, single-family cluster homes, patio homes, townhouses and apartments, is incorporated in the PAD. d. The PAD promotes clustered (average density) developments to protect environmentally sensitive areas. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 24 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. e. Higher density or intensity developments abutting lower density or intensity areas include buffering and shall substantially mitigate any negative impacts. f. Residential neighborhoods are afforded multi-modal access to, and are in close proximity to, activity centers to minimize travel times. g. Activity centers provide a wide range of appropriate services. h. The PAD protects natural features through transfer of development densities and similar strategies. i. Office, technical and corporate employment facilities are scaled to the surrounding area. j. Campus-type employment is incorporated. k. TWO-FAMILY AND Multi-family residential development, at moderate to higher unit densities, has access to arterial or collector roadways. l. TWO-FAMILY AND Multi-family (apartment or condominium) developments have planned-in recreational facilities and other amenities. m. Recreational facilities and appropriate links to open space amenities are provided. 2. Transportation Element a. The Oracle Road Corridor is de-emphasized for high intensity development. b. Bike lanes are included in all planned arterial improvements and on collectors deemed appropriate in the development review process. c. Homeowners associations are required to maintain pedestrian-bicycle paths, within approved master-planned communities. d. Bicycle parking facilities are provided. e. Safe pedestrian/bicycle access to schools and parks is provided within the boundaries of the PAD. f. Curvilinear residential streets patterns are incorporated. g. Sidewalks or related pedestrian facilities are incorporated within neighborhoods. h. All new roadway and future pedestrian-bicycle improvements meet public design standards. i. Park-and-ride lots are incorporated with planned facilities. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 25 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. j. Projects larger than 100 acres in size provide direct access to an arterial. 3. Economic Development Element a. A favorable fiscal impact analysis. 4. Public Services and Facilities Element a. School site planning has been addressed in large-scale planned communities. b. One elementary school site of at least ten (10) acres has been reserved within developments for every 500 elementary school level students forecasted to live within the development. c. Park/school combination site dedications are incorporated. 5. Community Design Element a. Building height and bulk are moderate to low intensity, in harmony with individual site attributes. b. Parking lots with greater than 20 car capacity are screened from adjacent uses and public thoroughfares. 6. Open Space/Recreation Element a. Pedestrian, equestrian and bicycle trails are designated including picnic/rest areas. b. Handicapped accessible facilities are provided to users. c. Recreation and open space facilities are linked to the community open space network where appropriate. d. Gateway treatments are incorporated at appropriate locations along the open space network. e. Neighborhood scale recreation (at a suggested standard of three (3) acres per 1000 population) and appropriate linkages to existing and planned trail systems are provided. 7. Natural Resources Conservation Element a. The floodplains of washes with a discharge greater than 1000 cubic feet per second (cfs) during the 100-year flood event and associated riparian habitats are preserved as natural open space except as stipulated in number 7.b. b. Washes with a discharge greater than 100 cfs during the 100 year flood event and associated riparian habitats are preserved if vegetation and habitat quality are found to be unique by the Planning and Zoning Commission and Town Council. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 26 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. c. Hydrologic studies of washes greater than 100 cfs discharge during the 100 year flood event are provided which include effects on riparian habitats. d. Only native plant materials and approved Southern Arizona Water Resources Association plants are utilized. e. Only floodplain compatible uses are proposed in flood prone areas. f. When erosion protection is required, environmentally sensitive alternatives including geotextiles or gunite containing integral desert colors are utilized as opposed to concrete lining of water courses. g. Indigenous (native desert) vegetation and riparian habitats are maintained and enhanced where possible. h. Select native plant material, which is to be transplanted within the development or to approved sites outside the project limits. i. Mass grading techniques are minimized for project development. 8. Safety Element a. Bike paths are constructed, where feasible and appropriate, to separate pedestrian and bike traffic from motorized vehicles in order to provide safe access to schools and parks. b. The PAD adheres to the “Suggested Policies for Fire Management in the Wildland Urban Interface,” published by the National Forest Service, May 1990. 9. Cultural/Historic Element a. A cultural resource survey has been performed where cultural/archaeological resources are determined likely to occur according to the Arizona State Museum. b. The PAD provides for protection of cultural resources discovered during construction. c. Cultural resources sites are left generally undisturbed and not identified to the public. Section 26.5 Provision of Recreational Area A. Applicability The provision of recreational facilities shall be required of all residential PROJECTS subdivisions, except those located within the R1-36, R1-43, R1-144, and R1-300 Zoning Districts. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 27 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. B. Recreational Area Plan Submittal and Approval 1. The developer shall submit a recreational area plan as part of the CONCEPTUAL DESIGN REVIEW preliminary plat. This recreational plan shall include minimum improvements for recreational purposes as required by subsection D of this section. 2. The recreational area plan shall be submitted at the time of preliminary plat submittal and shall be reviewed by the Town Council concurrent with the CONCEPTUAL SITE PLAN preliminary plat. 3. Approval of the plan by the Town Council, after review and recommendations by the Parks and Recreation Advisory Board (for public recreational areas) and the Planning and Zoning Commission (for private recreational areas), shall be a prerequisite to approval of the final plat OR FINAL SITE PLAN. 4. All recreational area plans shall be reviewed by the Oro Valley Police Department (OVPD) for conformance to Crime Prevention Through Environmental Design (CPTED) design elements contained in subsection D.5 of this section. 5. Modification of Facilities and Amenities Depicted on the Approved Recreational Area Plan a. Modifications deemed necessary and beneficial to provide for the recreational needs of residents are subject to approval by the Parks Recreation, Library and Cultural Resources (PRLCR) Director and Planning and Zoning Administrator. b. All modifications shall conform to the provisions of this code. C. Minimum Recreation Area Standards 1. THE MINIMUM AMOUNT OF SHARED RECREATION AREA AND PRIVATE OUTDOOR SPACE ARE ESTABLISHED IN TABLE 26-1 AND SUBJECT TO THE FOLLOWING: A. SHARED RECREATION AREAS SHALL BE PROVIDED IN A SINGLE OR TWO COMMON AREAS. FURTHER DISTRIBUTION OF THE RECREATION AREA REQUIRES APPROVAL BY THE PLANNING AND ZONING COMMISSION. THE FOLLOWING FACTORS SHALL BE CONSIDERED FOR APPROVING MORE THAN TWO RECREATION AREAS: i. TOPOGRAPHY ii. DISTANCE TO UNITS THE RECREATION SPACE IS SERVING iii. THE VARIETY OF AMENITIES PROVIDED B. PRIVATE OUTDOOR SPACE SHALL ADJOIN THE UNIT IT SERVES. COVERED PATIOS AND BALCONIES MAY BE PROVIDED TO SATISFY THIS REQUIREMENT. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 28 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. RESIDENTIAL DEVELOPMENT TYPE MINIMUM SHARED RECREATION AREA MINIMUM PRIVATE OUTDOOR SPACE ADJOINING EACH UNIT SUBDIVISIONS WITH DETACHED OR ATTACHED UNITS, OR A COMBINATION THEREOF 1 ACRE PER 85 UNITS 250 SF. DEVELOPMENTS WITH DETACHED OR ATTACHED UNITS, OR A COMBINATION THEREOF WITH EACH UNIT NOT ON AN INDIVIDUAL LOT 10% OF THE GROSS LAND AREA 20% OF THE GROSS SIZE OF ALL UNITS DEVELOPMENTS WITH MULTI- LEVEL UNITS 50% OF 35% OF THE GROSS LAND AREA 20% OF THE GROSS SIZE OF ALL GROUND FLOOR UNITS AND 10% OF THE GROSS SIZE OF ALL OTHER UNITS. AN INDOOR RECREATIONAL FACILITY, SUBJECT TO SECTION 26.5.H., IS REQUIRED FOR DEVELOPMENTS WITH 50 UNITS OR MORE. A TOT LOT, SUBJECT TO SECTION 26.5.F. IS REQUIRED FOR DEVELOPMENTS THAT HAVE 20 OR MORE, TWO (2) + BEDROOM UNITS, UNLESS THE DEVELOPMENT IS FOR SENIOR CITIZENS. An area shall be devoted to and designated as “recreational area” on the conceptual site plan which equals a ratio of one (1) acre to every eighty-five (85) dwelling units. 2. The recreational area(S) shall be usable and accessible by all subdivision residents and shall provide amenities that best serve the needs of the development. 3. Upon review and recommendations from the Parks and Recreation Advisory Board, the Town Council may allow environmentally sensitive open space (ESOS) to be credited toward the recreation requirements of this section, WHICH ARE BEYOND THE ALLOWANCES PERMITTED IN SECTION 27.10 AND subject to the provisions of the environmentally sensitive lands ordinance (ESLO). The applicant may receive a credit for this property at a one to one (1:1) ratio for a maximum of one hundred percent (100%) of the required recreational area. Credit may be obtained only when the following criteria are met: Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 29 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. a. The area shall be determined to contain significant, unique and desirable environmental, scenic or cultural features. b. The area shall be delineated as common area, designated with a conservation easement, with ownership to be held in common by the homeowners’ association or the town. c. The area shall be accessible via sidewalk, walking path, trail, and/or bicycle or shared use path by all residents within the project. D. Recreational Area Plan Standards 1. Site Location a. Recreational areas shall be a focal point for passive and active recreational activities, and provide a meaningful place for neighborhood gatherings and activities. Recreation areas shall be placed in a highly visible area of the DEVELOPMENT subdivision that is accessible via sidewalk, walking path, trail, and/or bicycle or shared use path by all residents within the project. b. Linear parks, as defined by this code and described in subsection D.2.h of this section, are acceptable when they serve to improve access to recreational amenities and open space networks. c. Passive recreation areas should be located in proximity to natural open space areas and conserved, environmentally sensitive lands. d. Recreational areas shall not include land, such as peaks, ridges, land fragments, land restricted by Town policy, condition or ordinance, and land determined unusable for recreational purposes by the Mayor and Town Council. Shallow retention basins (flood-prone areas) may be approved for use as recreational areas subject to recommendations by the Town Engineer and Planning and Zoning Administrator. Decisions may be appealed to the Town Council. e. In cases where a recreational area lies adjacent to a trail identified within the Eastern Pima County Trails System Master Plan and/or the Oro Valley Trails Task Force Report and their subsequent updates, a connection shall be provided between the recreational area and said trail. 2. Recreational Facilities Improvement Standards a. Recreational area improvements shall be appropriate to the anticipated needs of the development. b. Equipment installed within the recreational areas shall comply with the provisions of the Americans With Disabilities Act (ADA). Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 30 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. c. Provision of one (1) active and one (1) passive amenity for the first one-half (1/2) acre or portion thereof. For every additional one-half (1/2) acre (not fractions), an additional passive and active use shall be provided up to the maximum provided by the following subsections: i. A single park area may contain up to five (5) passive amenities. Examples of passive amenities include turf areas, benches, picnic tables, shade structures, barbecue grills, pathways, etc. ii. A single park area may contain up to three (3) active amenities. Examples of active amenities include basketball courts, volleyball courts, bocce courts, horseshoe pits, par courses, etc. d. Detailed schematics shall be provided for each proposed amenity with the LANDSCAPE PLAN final plat. e. Credit for Enhanced Amenities OR ENVIRONMENTALLY SENSITIVE OPEN SPACE (ESOS) 1. Credit for the additional cost of enhanced recreational amenities, including community swimming pools, splash pads, skate/BMX parks, fully improved sports fields, and other amenities approved by the Planning and Zoning Administrator, may be obtained against the recreation area requirement in subsection C.1 of this section based on the following criteria: i. The applicant shall submit a cost estimate summarizing the following: a) Value of the land and cost of the improvements and amenities that would be required by this code. b) Value of the land and cost of the improvements and enhanced amenities proposed as alternative means of compliance. ii. Credit for the additional cost of the enhanced amenities may be received in the form of a reduction to the required recreation land area. iii. The extent of the credit shall be determined by the value of the enhanced amenity as determined by the Town. The maximum reduction of recreation area requirement is one-half (1/2) acre. 2. Credit for improved indoor recreational space IN SUBDIVISIONS may be obtained subject to the following criteria: i. Improved community recreation rooms, community centers, gymnasiums, performance space, or other recreation space accessible to all residents of a Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 31 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. development shall receive credit at a ratio of three to one (3:1) against the area requirement contained in subsection B.1 of this section. ii. Each active and passive amenity contained within an indoor recreational space shall receive a credit to the recreational amenity requirements contained in subsections D.2.b, D.2.c, and D.2.d of this section at a one-to-one (1:1) ratio. 3. UPON REVIEW AND RECOMMENDATIONS FROM THE PARKS AND RECREATION ADVISORY BOARD, THE TOWN COUNCIL MAY ALLOW ENVIRONMENTALLY SENSITIVE OPEN SPACE (ESOS) TO BE CREDITED TOWARD THE AMOUNT OF SHARED RECREATION SPACE REQUIREMENTS OF THIS SECTION, BEYOND THE ALLOWANCES PERMITTED IN SECTION 27.10 AND SUBJECT TO THE PROVISIONS OF THE ENVIRONMENTALLY SENSITIVE LANDS ORDINANCE (ESLO). THE APPLICANT MAY RECEIVE A CREDIT FOR THIS PROPERTY AT A ONE TO ONE (1:1) RATIO FOR A MAXIMUM OF ONE HUNDRED PERCENT (100%) OF THE REQUIRED RECREATIONAL AREA. CREDIT MAY BE OBTAINED ONLY WHEN THE FOLLOWING CRITERIA ARE MET: i. THE AREA SHALL BE DETERMINED TO CONTAIN SIGNIFICANT, UNIQUE AND DESIRABLE ENVIRONMENTAL, SCENIC OR CULTURAL FEATURES. ii. THE AREA SHALL BE DELINEATED AS COMMON AREA, DESIGNATED WITH A CONSERVATION EASEMENT, WITH OWNERSHIP TO BE HELD IN COMMON BY THE HOMEOWNERS’ ASSOCIATION OR THE TOWN. iii. THE AREA SHALL BE ACCESSIBLE VIA SIDEWALK, WALKING PATH, TRAIL, AND/OR BICYCLE OR SHARED USE PATH BY ALL RESIDENTS WITHIN THE PROJECT. f g. When appropriate to the needs of the residents, tot lot amenities shall be required. Tot lots shall include, at a minimum: i. Play equipment area. ii. Drinking fountain. iii. Seating area (may include benches or seat walls) oriented towards the play equipment. iv. Trash receptacle(s). v. Bicycle parking with a four (4) bicycle minimum capacity. vi. Picnic table. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 32 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. vii. Limited turf area for activity areas only (less than fifteen percent (15%) of total recreational area) may be provided. gh. Linear parks may be utilized to satisfy the recreational requirements of this section. Required amenities include, at a minimum: i. A shared use path for pedestrians and bicyclists. ii. Seating area. iii. Landscaping. iv. Drinking fountain, if located within one hundred (100) feet of a potable water line. v. Trash receptacle(s). vi. Pet waste removal station(s). vii. Exercise stations may be located within linear parks. VIII. The location of the amenities along a linear park is subject to the approval of the Planning and Zoning Administrator and PARKS AND RECREATION PRLCR Director. H. INDOOR RECREATION IS REQUIRED FOR TWO-FAMILY OR MULTI-FAMILY DEVELOPMENTS WITH MORE THAN 50 MULTI-LEVEL DWELLING UNITS, SUBJECT TO THE FOLLOWING: i. THE INDOOR RECREATIONAL FACILITY MAY BE USED AS THE LEASING, SALES, OR MANAGER’S OFFICE, BUT THAT USE MAY NOT EXCEED THIRTY PERCENT (30%) OF THE GROSS FLOOR AREA. ii. THE REMAINDER OF THE SPACE SHALL INCLUDE PASSIVE OR ACTIVE AMENITIES SUCH AS GROUP MEETING SPACE OR COMMUNITY RECREATION ROOMS WITH EXERCISE EQUIPMENT, TABLE SPORTS, GAMES OR OTHER SIMILAR ELEMENTS. 3. Play Equipment Standards a. Applicant shall submit evidence that play equipment complies with the current American Society for Testing and Materials (ASTM) safety standards for playground equipment. b. Playground surface materials, including certified wood fiber, shredded rubber, poured-in-place surfacing, or other acceptable material approved by the PARKS AND RECREATION PRLCR Director, shall be placed at a minimum depth of twelve (12) inches under the equipment. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 33 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. c. No play equipment shall be located within thirty (30) feet of any road right-of-way, driveway or alleyway, parking area, or single-family residential lot or single-family residential zone unless an acceptable barrier is provided. d. Play equipment or apparatus with a footprint of two hundred fifty (250) square feet or less must be fully shaded with a UV-resistant sun shade or other appropriate shading material or structure as approved by the Planning and Zoning Administrator and Permitting Division. e. At least fifty percent (50%) of play equipment or apparatus must be fully shaded with a UV- resistant sun shade or other appropriate shading material or structure as approved by the Planning and Zoning Administrator and Permitting Division. This requirement shall be applied only to play equipment or apparatus with a footprint of two hundred fifty (250) square feet or greater. f. To maximize the safety of children, play spaces shall be located as to provide maximum visibility from surrounding homes. g. Play equipment shall not be located on a slope greater than four percent (4%). 5. Crime Prevention Through Environmental Design (CPTED) Elements a. Recreational area design shall consider the following CPTED elements: i. Natural Surveillance Emphasis on visibility of the recreational facilities, also known as “eyes on the street,” to deter unauthorized users and activities. ii. Access Control Use of design elements to deny entrance to recreational facilities to unauthorized users and activities. 6. All recreational areas shall post at least one (1) sign at the primary entrance(s) stating: a. Hours of operation. b. Park/recreational area rules. c. Trespassing notice for unauthorized users, including citation of applicable ordinances/statutes. d. Notice that all dogs must be kept on a leash (unless an approved off-leash area has been designated). e. Emergency (911) contact information to report suspicious or criminal activity. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 34 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. f. If recreational area is privately operated, homeowners association contact information to report maintenance or safety issues. 7. If a neighborhood watch exists, a sign shall be posted at the primary entrance(s) to the recreational area. 8. If the recreational area abuts an environmentally sensitive lands (ESL) area, a sign shall be posted every one hundred (100) feet at the border of the ESL area. The sign shall conform to the ESL sign requirements per the environmentally sensitive lands ordinance (ESLO). 9. If provided, restroom facilities shall be located in a highly visible area and shall be free of shrubs that reach a mature height greater than three (3) feet. 10. All lighting shall be consistent with the standards of Section 27.5 and must be turned off by 10:00 p.m. 11. If no lighting is provided, recreation area hours shall be limited to daylight hours only and shall be posted on the informational sign(s) at the park entrance(s) required by subsection D.6 of this section. E. Facilities Installation, Ownership and Maintenance 1. Private Recreational Facilities a. In cases where the recreational facility is to be privately owned recreational facilities and parking improvements shall be completed and in place by the time thirty-five percent (35%) of the building permits are issued. Prior to release of the required bond or assurance, the developer shall provide written documentation to the Town that all mechanisms are in place to protect the rights of the homeowners (i.e., liability insurance). b. Private recreational areas, and improvements shall be owned and maintained by a mandatory membership homeowners association (HOA) created by covenants. If the HOA fails to adequately maintain the required recreational facilities, the Town may cause the property to be maintained and may cause a lien to be placed on the property, subject to and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. 2. Public Park Facilities a. In cases where the required recreational area is at least three (3) acres in size and is located adjacent to a public thoroughfare, dedication to the Town may be accepted. In this case, the park land shall be owned and maintained by the Town. The subdivider shall, without credit: Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 35 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. i. Provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, lighting, street trees, and sidewalks to land which is dedicated pursuant to this section; ii. Provide solid masonry fencing along the property line of that portion of the subdivided lots contiguous to the dedicated land; iii. Provide improved drainage through the site; and iv. Provide other improvements and amenities that the Town Council determines to be essential to the acceptance of the land for recreational purposes. Subsequent improvements, if any, shall be developed and maintained by the Town. b. When park land is dedicated to and accepted by the Town, the provisions of subsection B.1 of this section shall not apply. F. In-Lieu Fee Option 1. In lieu of the required private recreational area or public park land dedication and required recreational facilities, the Town Council may approve an alternative proposal for an in-lieu fee that aids in the development or improvement of Town parks or recreational facilities. All DEVELOPMENTS subdivisions containing forty-three (43) UNITS lots OR less may utilize the in-lieu fee option. 2. DEVELOPMENTS Subdivisions of eighty-five (85) UNITS lots or more may elect to utilize the in-lieu fee option for up to fifty percent (50%) of the total cost of recreation area improvements as determined by the recreation area in-lieu fee calculation definition. The remaining portion of the recreation improvement obligation shall be applied to on-site recreation area(s) and amenities per the provisions of this code. 3. In-lieu fee proposals shall meet all of the following conditions: a. The DEVELOPMENT subdivision has or can provide legal and physically constructed access to an existing Oro Valley public park, a park location identified in the Town Parks, Open Space and Trails Master Plan, or other location approved by the PRLCR Director. b. The total amount of the in-lieu fee determined by the recreation area in-lieu fee calculation is, in the opinion of the Planning and Zoning Administrator (PZA) and PARKS AND RECREATION PRLCR Director, sufficient to fund a specific park development or improvement project for an existing facility. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 36 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. 4. The recreation area in-lieu fee shall be determined by the town, with a written appraisal report prepared by an appraiser acceptable to the town. The determination of the recreation area in-lieu fee shall consider, but not necessarily be limited to, the following: a. Approval and any conditions of the conceptual site plan. b. The general plan c. Conditional zoning d. Property location e. Off-site improvements facilitating use of the property f. Site characteristics of the property 5. The recreation area in-lieu fee calculation shall be based on the improved value of the land, including structures and facilities required by Section 26.5, design, construction costs, and having the necessary infrastructure (i.e., roadways, drainage water, electric, telephone and sewer) installed to serve the park areas. 6. The proposal shall be prepared by the applicant and submitted to the Planning and Zoning Administrator and PARKS AND RECREATION PRLCR Director who shall forward their recommendations to the Town Council for its action after an advertised public hearing. 7. The terms of the agreement shall be made a matter of public record and a condition of approval of any final plat or issuance of any permits for the subdivision. 8. In evaluating a proposal under this section, the Town Council shall consider the impact on the property resulting from a change in the standard requirements for recreational space, the advantages and disadvantages of the proposed alternatives, the benefits afforded to the subdivision from the alternative proposal and the relative values to the community afforded by the alternative proposal as compared with the standard requirements. 9. The agreement shall provide for the funding of equivalent of park land and/or recreational facilities to the Town as would have been provided by a recreational area in the subdivision. 10. If the subdivider objects to the determined in-lieu fee, he/she may appeal to the Town Council, with the burden of proof lying with the subdivider. 11. The Town Council may waive requirements for an appraisal when the DEVELOPER subdivider provides acceptable alternative information to the Planning and Zoning Administrator (PZA), PRLCR Director, and Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 37 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. the Finance Director as a means of determining the improved value that is presented and accepted at a Town Council public hearing. Section 27.7 Off-Street Parking Section 27.7.A thru C. No Changes D. Parking Lots – Required Number of Spaces for Type of Use 1. Residential Parking Requirements: Residential uses shall provide a minimum number of parking spaces as defined by the standards below. Any increase or decrease in parking shall be in accordance with subsection C.2 of this section. a. DEVELOPMENTS WITH MULTI-LEVEL UNITS, Attached UNITS, OR A COMBINATION OF DETACHED AND ATTACHED UNITS WITH EACH UNIT NOT ON AN INDIVIDUAL LOT Dwellings: For each two (2) family and multifamily dwelling, there shall HAVE be parking spaces provided as indicated by the following table: Table 27-13. TWO-FAMILY AND MULTI-FAMILY Attached Dwelling Parking Unit Number of Bedrooms/Dwelling Unit Parking Spaces per Dwelling One or less 1.5 Two 1.75 Three 2.0 Four 2.5 Plus one (1) space per every four (4) units for guest parking. b. Guest Parking: Off-street guest parking spaces in multifamily developments shall be distributed proportionally to effectively serve the dwelling units that they are intended to serve. Such parking shall not be located more than two hundred (200) feet from any dwelling unit that is intended to be served. c. Single-Family: For each single-family dwelling, there shall be at least two (2) parking spaces and two (2) guest spaces. Parking of any vehicle in the front yard of a lot shall be prohibited unless parked on a surface of asphalt, concrete, rock, or other similar inorganic material with a permanent border. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 38 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. d. Mobile Homes: There shall be two (2) parking spaces per dwelling unit and one (1) space per four (4) units for guest parking. 2. Nonresidential Parking Requirements: The table below sets forth the number of required parking spaces for nonresidential uses within the Town. Table 27-14. Required Parking Spaces Permitted Use Parking Spaces/Square Feet (Unless Otherwise Noted) Accessory buildings and uses Not applicable Commercial stables 0.75/employee and 0.75/horse stall Farms and ranches 1 per 2 employees Marketing of products raised on the premises 4/1,000 Plant nursery 4/1,000 Bars 20/1,000 Distillery 0.75/employee and 20/1,000 for bar Entertainment at bars or restaurants Not applicable Microbrewery 0.75/employee and 20/1,000 for bar Mobile food units, including food trucks Not applicable Restaurant 10/1,000 Restaurant with drive-in/drive-thru See Table 27-15 Food processing, artisanal 0.75/employee and 4/1,000 for public use areas Food processing, large scale 0.75/employee and 4/1,000 for public use areas Manufacturing services, heavy 0.75/employee Manufacturing services, light 0.75/employee Warehousing, heavy 0.75/employee Warehousing, light 0.75/employee Communication studios 3/1,000 Offices 3/1,000 Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 39 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. Permitted Use Parking Spaces/Square Feet (Unless Otherwise Noted) Research and development 3/1,000 Convenience market 8/1,000 Drive-thru uses See Table 27-15 General retail 4/1,000 Grocery store 5/1,000 Marijuana establishment 4/1,000 Wholesaling 4/1,000 Animal services 4.5/1,000 Commercial or fine arts studio 3/1,000 Daycare 0.75/employee and 3/1,000 Drive-thru uses, not including banks See Table 27-15 Financial services 3.5/1,000 Funeral services 1 per 4 seats and 2 per 3 employees Household services 0.75/employee and 4/1,000 for public use areas Medical services 4.5/1,000 Personal services 0.75/employee and 4/1,000 for public use areas Private clubs without entertainment 10/1,000 Private clubs with entertainment 10/1,000 Self storage 1 per 50 units Senior care facility See Table 27-16 Sexually oriented businesses 4/1,000 Technical services 4/1,000 Theater 1/3 seats Gas stations 8/1,000 Parts store 0.75/employee and 4/1,000 for public use areas Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 40 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. Permitted Use Parking Spaces/Square Feet (Unless Otherwise Noted) Rental establishments, less than 10 vehicles 0.75/employee and 1 per 10 vehicles stored on premises Rental establishments, over 10 vehicles 0.75/employee and 1 per 10 vehicles stored on premises Rental establishments, moving services 0.75/employee and 1 per 10 vehicles stored on premises Vehicle repair facilities 5/1,000 Vehicle sales 3/1,000 Vehicle storage facility, including parking garage 0.75/employee and 1 per 10 vehicles stored on premises Vehicle washes/detailing 0.75/employee Boarding house or lodging house 1/unit Guest ranches 1/unit Hotels/motels 0.75/employee and 1/unit Resorts 0.75/employee and 1/unit Short-term rental properties Applicable residential standards apply Arts and cultural use 3/1,000 Cemetery Offices: cemetery offices shall be parked as an office use Grounds: 0.75 spaces per nonoffice employee shall be provided and internal roadways or access drives shall accommodate parallel parking Fire stations and rescue facilities, private 3/1,000 of office space General aviation 0.75/employee and 1/1,000 for public use areas Golf course Parking for golf courses shall be provided through a shared parking analysis including all associated uses Golf driving range or miniature golf, stand alone 2 per bay Government services 1 per 4 seats and 2 per 3 employees Religious institutions 1 per 4 seats and 2 per 3 employees Schools, private 1 per 4 seats and 2 per 3 employees Schools, public including charter schools None required Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 41 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. Permitted Use Parking Spaces/Square Feet (Unless Otherwise Noted) Utilities, privately owned 0.75/employee Utility poles and above ground wires, new Not applicable Buildings and facilities, not-for-profit community service organizations, such as Boys & Girls Clubs or YMCA 4/1,000 Buildings and facilities, private, including fitness centers or health spas 4.5/1,000 Apartments, MULTI-LEVEL RESIDENTIAL DEVELOPMENTS See Table 27-13 Assisted living home See Table 27-16 Dwelling units, single-family RESIDENTIAL SUBDIVISIONS WITH DETACHED OR ATTACHED UNITS, OR A COMBINATION THEREOF. 2 parking and 2 guest spaces Dwelling units, site-delivered single- family RESIDENTIAL DEVELOPMENTS 2 parking and 2 guest spaces; or in SDH-6: 2 parking spaces per dwelling unit and 1 space per 4 dwelling units for guest parking Dwelling units, attached, including condominium, RESIDENTIAL DEVELOPMENTS WITH DETACHED OR ATTACHED WITH EACH UNIT NOT ON AN INDIVIDUAL LOT patio home or townhouse See Table 27-13 Home occupations Existing parking provided on property shall be used to accommodate vehicles related to the home business. Additional regulations provided in Section 25.2.E.3.e. Model homes, including temporary real estate office Applicable residential standards apply Antennas None required Recreation area (100 or fewer homes) 1 parking space for every 20 dwelling units or portion thereof Recreation area (greater than 100 homes) 1 additional parking space for every 40 dwelling units or portion thereof over 100 Communication facilities, major 1 space per facility Communication facilities, minor None required Section 27.7.E Thru G – No Changes CHAPTER 31 – DEFINITIONS Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 42 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. Apartments - A residential use, which is occupied as the home or residence of three (3) or more families living independently of each other. Dwelling - A building, or portion thereof, designed exclusively for residential purposes. Multiple – A building, or portion thereof, designed for occupancy by three (3) or more families. Single-Family - A building designed for occupancy by one (1) family. Two-Family (Duplex) - A building designed for occupancy by two (2) families. Family - A person living alone, up to but no more than ten (10) persons unrelated to each other by blood, marriage or legal adoption, living together in a dwelling unit existing solely as a single housekeeping unit, with common access to all living, eating, kitchen and storage areas within the dwelling unit. Dwelling Unit - A building, or portion of a building, arranged, designed or used as living quarters, including bathroom and kitchen facilities, sleeping and living areas, for a family. ATTACHED – A BUILDING DESIGNED FOR OCCUPANCY BY TWO (2) OR MORE FAMILIES LIVING INDEPENDENTLY OF EACHOTHER IN UNITS JOINED SIDE BY SIDE OR FRONT TO BACK BY STRUCTURAL ELEMENTS. STRUCTURAL ELEMENTS INCLUDE PARTY WALLS, ROOFS OR OTHER SIMILAR ITEMS. ELEMENTS LIKE TRUSSES, BEAMS, AND PATIO WALLS ARE NOT INCLUDED. THIS TERM INCLUDES DUPLEXES, PATIO HOMES, TOWNHOMES, CONDOMINIUMS AND OTHER SIMILAR HOUSING TYPES. DETACHED – A BUILDING DESIGNED FOR OCCUPANCY BY ONE (1) FAMILY. THIS TERM INCLUDES FREESTANDING HOMES. SITE DELIVERED – A BUILDING THAT IS NOT CONSTRUCTED ON THE SITE ON WHICH IT IS LOCATED. THIS TERM APPLIES TO MANUFACTURED HOUSING AND MOBILE HOMES BUT DOES NOT INCLUDE RECREATION VEHICLES. MULTI-LEVEL – A BUILDING DESIGNED FOR THE OCCUPANCY BY TWO (2) OR MORE FAMILIES LIVING INDEPENDENTLY OF EACHOTHER IN UNITS STACKED ON TOP OF ONE ANOTHER. NON-RESIDENTIAL USES MAY BE LOCATED ON THE GROUND FLOOR, AS PERMITTED BY THE ZONING DISTRICT. THIS TERM INCLUDES APARTMENTS, MIXED-USE BUILDINGS, CONDOMINIUMS AND OTHER SIMILAR HOUSING TYPES. Patio Home - An attached or detached single-family dwelling constructed with no side yard on one (1) side of the lot. Townhouse - A dwelling with party walls and no side yards between abutting dwellings. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 43 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. Site-Delivered Dwelling - A dwelling that is not constructed on the site on which it is located. Site-delivered homes include prefabricated housing, manufactured housing, and mobile homes. Site-delivered homes do not include recreation vehicles. ADDENDUM A – DESIGN STANDARDS Chapter 3: Single-Family Residential Development DETACHED AND ATTACHED RESIDENTIAL Design Standards Applicability: These development design standards shall apply to all single-family RESIDENTIAL PROJECTS WITH attached and AND/OR detached residential projects and housing types within the Town of Oro Valley, DWELLING UNITS, EXCLUDING CUSTOM HOMES including production home subdivisions and custom homes, unless specific Planned Area Development design guidelines apply. Chapter 4: Multi-Family MULTI-LEVEL Residential Development Design Standards Applicability: These Multi-Family Residential Development Ddesign Sstandards shall apply to all multi- family MULTI-LEVEL attached and detached residential projects and housing types within the Town of Oro Valley, including townhomes, apartments, condominiums and attached single-family residential development unless specific Planned Area Development design guidelines apply. Addendum H: Scenic Resource Area Design Guidelines 3. Design Guidelines Section A – No changes. b. Architectural Design i. General Design a. Buildings constructed in scenic corridors and park viewsheds should be low and of colors, materials and textures, which blend with natural desert vegetation, leaving large areas of open space between developments. Buildings that are visible from scenic corridors should seem to be a part of, or in, the landscape rather than appearing to be an imposition on the site. The buildings should follow the natural contours of the existing topography. b. Building Colors a) Building colors should relate to one another and the natural environment on the basis of pigment, color value, and/or intensity. In scenic corridors, earth tones and pastels are encouraged, especially in areas of high visibility. Desert/mountain colors that blend with the natural background are encouraged. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 44 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. b) In areas upslope from scenic corridors, darker, geologic colors to blend with mountain slopes. c) In locations upslope from the ultimate scenic corridor roadway right-of-way, richer, earth tone or geologic colors and rougher textures are preferred, especially those which complement background views, downslopes, darker earth colors with more dense landscaping clusters. d) Color schemes should avoid jarring juxtapositions with primary colors. e) In more private area, away from scenic corridors, homeowners and business owners are permitted more freedom in color selections. f) Bright colors should not be visible from scenic corridors or other public rights-of-way. g) Foreground colors should harmonize and blend with existing vegetation, natural rock/earth forms or built background. c. Include architectural detailing on all structure facades. ii. Residential Review of all residential developments other than CUSTOM HOME individual, detached, single-family home construction shall consider the following criteria to assure design consistency with Scenic Resource intent and character: a. Building heights should be varied, preferably mixing one and two-story homes to enable views across the site from the scenic corridor right-of- way. b. Consistent, finished rooftop treatments, without visible roof-mounted equipment. c. Noise Mitigation should be addressed by masonry construction, double-paned windows, and limited window openings and recreational yard uses facing scenic corridors. d. Structural screening of access or frontage roads and parking visible from scenic corridors, and structural integration with terrain, such as building lower floors into slopes. Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 45 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. e. Thematic architectural detailing should be included. ADDENDUM I. Hillside Development Zone in Effect Prior to Implementation of the Environmentally Sensitive Lands Ordinance on 7/19/11 (formerly codified in Section 24.2) Sections A-E. No Changes F. Development Criteria The following development criteria apply to all parcels that are affected by this zone. Any parcel created must meet slope/size requirements of Table 24-1. All development is subject to the Oro Valley Grading Ordinance. 1. Single-Family Residential Development RESIDENTIAL SUBDIVISIONS WITH DETACHED AND/OR ATTACHED DWELLING UNITS a. This paragraph applies to an existing parcel where no land division has occurred, nor is land division proposed, since the adoption of this ordinance. The average cross slope (ACS) is calculated for the entire parcel. If the ACS is 15 percent or greater, Columns A and D of Table 24-1 apply. b. This paragraph applies to any parcel of property or lot where land division is proposed or has occurred since the adoption of this ordinance. The average cross slope is calculated for the parcel prior to land division. If the ACS is 15 percent or greater, columns A and C of Table 24-1 apply. Natural open space may be designated on the parcel in accordance with Section24.2.G, to reduce the ACS percentage. Such natural open space will be excluded from the ACS calculation, but will be included in the land area for the parcel. i) If a subdivision plat is required, all 25 percent or greater slopes (as defined in24.2.C.1.b) within the proposed lots, except for those within natural open space areas, are delineated. These sloped areas then determine the design of the development according to the following criteria. a) Where the areas of 25 percent or greater slope are located outside the buildable area, the minimum lot size requirements of the underlying zone apply. The buildable area may be redefined by the applicant to exclude areas of steeper slope in order to comply with this requirement. Grading may occur only within the buildable area and access to the buildable area. Grading for roadway or driveway access shall not cross a 25 percent or greater sloped area unless no Amendments to Chapter 23, Chapter 24, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 46 of 46 The Oro Valley Zoning Code is current through Ordinance (O)22-01, passed January 5, 2022. alternative routes exist. Driveway clearing and grading may be no wider than 30 feet. b) Where the buildable area contains areas of 25 percent or greater slope, the minimum size required for that proposed lot is 43,560 square feet unless a greater size is required by the underlying zone. The amount of grading permitted is the amount indicated in Column D of Table 24-1, based on the area of the lot, Column B. ii) If a subdivision plat is not required, the land area of each parcel created must comply with Columns A, B and D of Table 24-1. 2. Multi-Family Residential Development RESIDENTIAL DEVELOPMENTS WITH MULTI-LEVEL OR ATTACHED UNITS, OR A COMBINATION OF ATTACHED AND DETACHED UNITS WITH EACH UNIT NOT ON AN INDIVIDUAL LOT. a. All grading is subject to the provisions of the Oro Valley Grading Ordinance. b. The ACS is calculated for the entire parcel. If the ACS is 15 percent or greater, columns A, B, C, and D of Table 24-1 apply. c. Natural open space may be designated on the parcel, in accordance with Section24.2.G to reduce the ACS percentage. Such natural open space will be excluded from the ACS calculation, but will be included for density calculation. If the ACS of the remaining portion of the parcel, after natural open space designation is: i) Less than 15 percent and contains no areas of 25 percent or greater slope, 100 percent of that portion may be graded. ii) Less than 15 percent, but contains areas of 25 percent or greater slopes, no more than 80 percent of that remaining portion may be graded. iii) Fifteen percent or greater, columns B, C, and D of Table 24-1 apply, based on the entire area of the parcel.