HomeMy WebLinkAboutOV90510TOWN OF ORO VALLEY
11000 N. LA CANADA DR.
ORO VALLEY, ARIZONA 85737
c- \
OCT 19 2005
,0 polan -
1 Z4.
'R
MAILED FROM ZIP CODE 8 5 7 3 7
S
R & CAROL
219230410, RABly A
FERNANDEZ EDWARI V
0
13051 N TAILWIND DR AC, t I'T -D
TUCSON AZ' NiAll
-NO I ' um
85737-0000 11
NO S13 'o NAll
NXXXE eso 0 1 00 11011611;o5
RETURN TO SENDER
NOT DEL.IVERAML-E AS ADDRESSED
UNAMLE TO FORWARD
oc: e5737701599 *1414-:1.5277-11-41
F. ANN RO UEZ, RECORDER
RECORDED LAM
DEPUTY RECORDER
6545 PE1
SOROV
TOWN OF ORO VALLEY
11000 N LA CANADA DR
ORO VALLEY AZ 85737
ATTN CLERK'S OFFICE
APR 1 -i kJO7
�OCKET: 12564
AGE: 589
NO. OF PAGES: 2
SEQUENCE: 20051050087
06/01/2005
RES 11:10
MAIL
AMOUNT PAID $ 8.00
RESOLUTION NO. (R) 05-22—
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,
ARIZONA, REGARDING A PRE -ANNEXATION DEVELOPMENT AGREEMENT
BETWEEN THE TOWN OF ORO VALLEY AND LA CHOLLA.AIRPARK
WHEREAS, the Arizona Revised Statutes (ARS) §9-500.5 describes procedures for development
agreements; and
WHEREAS, the Town is currently pursuing the annexation of the unincorporated property areas
known as Annexation Area "J", and
WHEREAS, the General Plan encourages the annexation of unincorporated areas surrounding the
Town to better serve the public, facilitate infrastructure expansion, and improve operational
efficiencies of municipal services; and
WHEREAS, the proposed uses on the property are in conformance with the General Plan; and
WHEREAS, the Planning and Zoning Commission has reviewed this agreement at a public hearing
and presented their recommendations to the Council; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro
Valley as follows:
SECTION 1. That the Pre- annexation Development Agreement between the Town and La Cholla
Airpark, attached hereto and incorporated herein by this reference is hereby approved.
SECTION 2. Subsequent to the effective date of an ordinance annexing this property into the Town,
the Town Council will bring forward a zoning ordinance as necessary to translate the County zoning
to an equivalent Oro Valley zoning district to include extension of the County Zoning Conditions.
SECTION 3. This Resolution will become immediately operative and in force thirty (30) days from
the date of its adoption in accordance with State law and the Oro Valley Town Code.
SECTION 4. This Resolution shall become null and void if the annexation process is not completed
within the time allowed. Any legal delay and/or challenge, however, will extend the effective date of
the Resolution the same number of days (or months) as the legal delay.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
Do v w6
Town AMmeyl OMIWCNM33603
i
4
�1
S
MAP OF THE TERRITORY
TO BE ANNEXED TO THE
TOWN OF ORO VALLEY
— ANNEXATION AREA J-2005
TOTAL AREA TO BE
ANNEXED = 970 ACRES,
MORE OR LESS
w
N89•se'so,~E o
e.oa'•� -
-
°1
°gym 658.Oz''
:�-' S89.5sso
n 1y °
S 89.54, w
5z74.72'•
THIS
• DENOTES BEARINGS, DISTANCES AND AREA FROM
GENERAL LAND OFFICE (GLO) MAP
LOCATION MAP
T11S, R13E
////Z.
EXISTING CORPOR, TE
LIMITSOF THE TOWN
OF ORO VALLEY
EXISTING COWPORATE
LIMITS OF THE TOWN OF
ORO VALLEY
SURVEYORS STATEMENT
1, DAVID A. RHINE, A PROFESSIONAL LAND SURVEYOR, REGISTERED IN
THE STATE OF ARIZONA, HAVE PREPARED 7741S DOCUMENT FOR EXHIBIT
PURPOSES ONLY AND MAY NOT BE SURVEYED/STAKED ON THE GROUND.
DAV/D A. RHINE RLS#24530
1000, 0. 1000, 3000'
,�c LA W
/'VIA
EXHIBIT
ANNEXED AREAS OF SECTIONS 22,
27 & 28, TOWNSHIP 11 SOUTH,
RANGE 13 EAST, G&SRM, PIMA
COUNTY, ARIZONA
1.
s
C1l
C�
Design
Drn. DAR Ck'd
Scale: I" = NTS
M • , 0
r
PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this
18th day of May, 2005. V.
TOWN OF ORO VALLEY
Pe�
aul H. Loomis, Mayor
'ATTEST--.
•C
t .y. r�. ...� w
Ka" E. Cuveiier, Town C lerkk
APPROVED AS -TO FORM:
l
Linda Garr an Town Attorney
Town Avomep't Off c J=M32603
Dom.m6
r . &"N" =VVAlbuZG, AZL;u"Ex
RECORDED BYI
PUTY RECORDER
6545
SOROV
TOWN OF ORO VALLEY
11000 N LA CANADA DR
ORO VALLEY AZ 85737
ATTN CLERK'S OFFICE
wticu ncwiucu jt uLLUu ►v.
Town of Oro Valley
Clerk's Office
11000 North La Canada Drive
Oro Valley, Arizona 85737
PE1
DUC:KET :
12564
oF PrIM
`9
7. : 579
OF PAGES: 10
0
SEQUENCE:
20051050086
w z
,e. �k
AG
06/01/2005
11:10
`91tIZ01'1P
MAIL
AMOUNT PAID $ 10.50
pRE-ANNEXATION DEVELOPMENT AGREEMENT
THIS pRE-ANNEXATION DEVELOPMENT AGREEMENT (this "Agreement"). is
made and entered into by and between the Town of Oro Valley, an Arizona municipal
corporation ("Town") and La Cholla Airpark, Inc., an Arizona corporation ("LCAP") as of this
day of , 200�. Town and LCAP
may be referred to herein collectively as the "Parties" or individually as a "Party"•
RECITALS
A. A.R_S. §9-500.05 authorizes Town to enter into a development agreement with a
landowner or other person having an interest in real property located within or outside
the Town boundaries for purposes set forth in that statute, including without
limitation, to specify or otherwise relate to conditions, terms, restrictions and
requirements for annexation of property by Town and the timing of such annexation.
B. LCAP owns certain real property located within the residential subdivision known as
Property is legally
La Cholla Airpark, Pima County, Arizona ("Property"). The
described on Exhibit "A" attached hereto and incorporated by this reference. The
Property consists of approximately 1,000 acres of real property that is currently built
for residential development. Within the Property boundaries is a private
or planned
airpark ("LCAP Airpark") owned by LCAP for use by owners of residential lots
within the Property and their invitees. The LCAP Airpark was established by a group
aviation enthusiasts in 1971. LCAP was incorporated in 1972 and by 1976 included
4
of
section and one-half of land. The approximately 1,000 acres of land allowed for a
2
a
4,500-foot aircraft runway to be built with associated hangars and aircraft parking
6
areas. The LCAP Airpark has attracted flying enthusiasts not only from the Tucson
d
area, but from other areas around the country. LCAP exists for the purpose of
runway and related support facilities, including hangars, parking and
0
providing aircraft
fuel for the shareholders of LCAP and their invited guests.
C. The Property is zoned Pima County RH (rural homestead) ("RH Zone").
D. Pursuant to A.R.S. §9-471(L) the Town may annex the Property into the Town
("Annexation"). (1) Town and LCAP desire to annex the Property into the Town and
upon successful annexation; (2) The Town shall adopt zoning classifications which
permit densities and uses no greater than those permitted by the county immediately
before annexation. Subsequent changes in zoning of the annexed territory shall be
made according to existing procedures established by the Town for the rezoning of
land.
E. The Town and LCAP desire to extinguish the terms of the existing Wholesale Water
Service Agreement dated February1�s Agr1996 eement in June 27, consideratio96 n ford supplant
theTown
that agreement with the
providing Town services to the Property under this Agreement.
F. The Town and LCAP recognize that the Town's R1-300 zoning district permits
densities and uses on the Property that are no greater than those permitted by the
county immediately before annexation.
AGREEMENT
NOW THEREFORE, in consideration
f the mutual promises, confirm and agree as follows, covenants and
conditions set forth herein -..the Parties hereto state
1.0 Accuracy of the Recitals. The Parties hereby acknowledge and confirm the accuracy of the
foregoing Recitals, which are incorporated herein by this reference.
2.0 Effective Date and Term. This Agreement shall be effective upon adoption by Town of
Resolution No. 05-22 approving this Agreement, and the execution of this
Agreement by the Parties as provided
y1a11 tettnninateve te"). The term of this Agreement
ninety-nine (99) years from the
shall commence on the Effective Date and sh
Effective Date ("Base Term"), subject to automatic and successive ten (10) year renewal
periods unless either Party shall give written notice to the other Party within one hundred and
eighty (180) days before the expiration of the Base Term or any Renewal Period, as
applicable, of its election to terminate this Agreement, in which event this Agreement shall
terminate upon the expiration of the Base Term or any Renewal Period, as applicable.
3.0 Annexation. Town shall follow the procedures for annexation mandated in ARS 9-471 et
. seq., and LCAP shall sign a petition authorizing the Annexation and, shall use reasonable
efforts to obtain the signatures on such petition of the required number of owners of
residential lots within the Property, and shall deliver such petition to Town for recording in
the official records of Pima County, Arizona ("County Records"), on or before the deadline
specified in A.R.S. §9-471.A (4). In the event either party fails to meet the terms of this
section, this Agreement shall be null and void. Q
5
4.0 Costs and Expenses. All procedural and administrative costs and expenses of Town a
pertaining to the annexation shall be paid by Town. LCAP shall bear its own legal and
01
consulting costs and expenses incurred in connection with the negotiation and preparation of
this Agreement.
0)
5.0 Original To -Am Zoning. Pursuant to applicable law, the Town shall adopt zoning
classifications which permit densities and uses no greater than those
g ofthe annex permittd eyrrite county shall
ry
immediately before annexation.
Subsequent
established by the Town for the rezoning of land.
be made according to existing procedures
unique aviation environment created by the
6.0Private Ownership. The Town recognizes the ark is entirely
founders of the LCAP. The Town further
�,ater del very system and prizes that the LCAP vate roads.
ec
privately owned including a privately owned
7.O Water Service. Town and LCAP are parties to that
certain between ale and Rancho
er Service
Agreement dated as of February 14, 1996, which ongiY
Vistoso Water Company, an Arizona corporation, as amended by that certain Amendment to
Wholesale Water Service Agreement dated as of June 27, 1996 (collectively, "Water Service
Agreement"). Town agrees to continue to supply water to LCAP according to price and terms
of service no less favorable than those applicable to any other water customer of Town who
ied water by Town through a six (6)
inch water meter. Town acknowledges that
is suppl
service area an
LCAP is part of Town's water ent hereby mutually release each other from
within the Property. The parties to this Agreement
be bound solely by the terms of this Agreement
the terms of the Water Service Agreement to 8.OPublic Safety. Town and LCAP shall use reasonable efforts to enhance the publicsafety
connection with the LCAP Airpark and its Aircraft operations, incfireluding
medical, and
In plans m th
limitation coordination of emergency systems and p
other police, homeland security and safety related issues.
9.0 Municipal Access to Airpa
rk. Although the LCAP Airpark is privately -owned and privately-
o erated, LCAP shall use reasonable efforts to address access requests from governmental
P
authorities from time to time.
10.0 The Town will support and collaborate with LCAP for its right to continue to exist and
operate as a private Airpark.
11.0 Binding
Effect and Recording. This Agreement shall run with the Property and is
binding upon and inure to the benefit of aecutions hereof,igns, heirs and personal
this Agreement shall be 2representatives of LCAP and Town. Upon
recorded in the Pima County Recorders Office. t
right or remedy shall constitute a waiver thereof, and 6}
12.0 Waiver. Node in exercising anycovenant of this Agreement shall be @
no waiver by Town or LCAP of the breach of any
construed as a waiver of any preceding or succeeding breach of the same or any other
covenant or condition of this Agreement.
13.0 Counterparts. This Agreement may be executed in two
or more shall constitute one sand same
, each of
which shall be deemed an original, but all of which together
9
instrument. The signature pages from one or morecounterparts
a single instrumenteso that the
from such
counterparts and such signature pages all attached to
signatures of all parties may be physically attached to a single document.
notice to be given or served (and any election to be made or delivered)
14.0 Notices. Any g and shall be
upon any party
hereto in connection with this Agreement must be in writing
deemed to have been given and received (or made and delivered) three (3) days after a
such notice (or selection), properly addressed, with
certified or registered letter containing _se
postage prepaid, is deposited in the United States
been and
givi (or made) when delavered
certified or registered mail, it shall be deemed to
to and received by the party to whom it is addressed. Such notice shall be given to the parties
at the following addresses:
LCAP:
La Cholla Airpark, Inc.
1777 West Cessna Way
Oro Valley, Arizona 85737
Attn: President/CEO
With Copy To: David A. McEvoy, Esq.
4560 East Camp Lowell Drive
Tucson, Arizona 85712
Town:
Town of Oro Valley
11000 North La Canada Drive
Oro Valley, Arizona 85737
Attn: Town Manager
With Copy To: Town of Oro Valley
11000 North La Canada Drive
Oro Valley, Arizona 85737
Attn: Town Attorney
A party may change the address at which the party shall receive notice pursuant to this
Agreement by giving written notice of such new address in the same manner as any other notice
shall be given in accordance with this section.
15.0 Captions and Recitals. The article and section headings appearing in s ac.
inserted as a matter of convenigreement are
And in no way �
ence and are for reference pure Y�
or construction of any of the provisions hereof. The recitals set tat
control or affect the meaning;
forth at the beginning of this Agreement are hereby acknowledged and incorporated as
though fully set forth herein. `'
16.0 Entire Agreement. This Agreement constitutes the entire agreement between the parties
hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements,
► .1.
u
representations and understandings of the parties, oral or written, are hereby superseded and
merged herein.
17.0 Exhibits. The exhibits in this Agreement are fully incorporated herein as if set forth at
length in the body of this Agreement.
18.0 Governing Law. This Agreement shall be construed and interpreted under the laws of
Arizona..
19.0 No Partnership. It is not intended by this Agreement to, and nothing contained in this
Agreement shall, create any partnership, joint venture or other arrangement between the
parties hereto.
20.0 Default. In the event of any default or other non-performance of any term or provision of
this Agreement, the non -defaulting party shall be entitled to all remedies at law or in equity,
including the right to enforce � and�remednesby action shall be cfor specific umulative and not�exclusive.ce or o file an
action for damages, which g
21.0 Attorneys Fees. If any party defaults hereunder, the defaulting party shall pay the other
parry's reasonable attorney's fees, expert witness fees, deposition and trial transcript costs and
costs of court or other similar costs or fees paid or incurred by the other party by reason of or
in connection with the default (whether or not legal or other proceedings are instituted). In
the event any party hereto finds it necessary to bring an action at law or other proceeding
against any other party to enforce any of the terms, covenants or conditions hereof or any
instrument executed pursuant to this Agreement or by reason of any breach hereunder, the
party prevailing in any such action or other proceeding shall be paid all costs and reasonable
attorney's fees by the other party, and in the event any judgment is secured by such prevailing
party, all such costs and attorney's fees shall be included in any such judgment, attorney's
fees to be set by the court and not by the jury.
22.0 Further Acts. Each party agrees to execute such further documents, instruments and
other writing and to perform such acts as either party may reasonably request in order to fully
effectuate the purpose of this Agreement.
23.0 Construction. The terms and provisions of this Agreement represent the results of
negotiations between Town and LCAP, each uncle an hduress oo compulsionbeen reresented ywhether legal,
counsel of its
own choosing, and none of which have acted y
economic or otherwise. Consequently, the terms and provisions of this Agreement shall be 1
th their usual and customary meanings, and no
interpreted and construed in accordance wi'
party shall be deemed to have drafted this Agreement for purposes of construing any portion
of this Agreement for or against any party.
24.0 Severability. If any pr
ovision of this Agreement is declared void or unenforceable, such
declaration shall have no effect on those portions of the Agreement not declared void.
25.0 Cancellation for Conflict. This Agreement is subject to A.R.S. §38-511, which states in
part:
5
„The state, its political subdivisions or any department or agency of either may, within
three years after its execution, cancel any contract, without penalty or further obligation, made
by the state, its political subdivisions, or any of the departments or agencies of either if any
ft
person significantly involved in initiating, negotiating, securing, drafting or creating the contract
ia
on behalf of the state, its political asubdivisionsn°of the coany of ntracts effect, an employee oartments or agencies of r agent
at any time While the contract or y
of any other party to the contract in any capacity or a consultant to any other parry of the contract
with respect to the subject matter of the contract.”
26.0 Time of Essence. Time is of the essence in the performance of each and every
obligation of Town and LCAP as set forth herein.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year first written above.
TOWN:
Town of Oro Valley, an Arizona municipal corporation
By: --
Paul H. Loomis, Mayor
ATTEST:
By:
Ka ' . Cuvelier, Town Clerk
Date: 5 U -� 5
LCAP:
La Cholla Air,Qark c., an Arizona corporation
By: _
Doug
Date: il2 I 0
4
M
5
r�
0
State of Arizona )
'' ) ss.
County of Pima )
This instrument was acknowledged before me this aO-'�^day of Md , 200 5 , by
H. Loomis the Mayor of Town of Oro Valley, an Arizona municipal corpora on.
SEAL
Notary Public Roxma G A. " ■
My Commission Expires:
State of Arizona )
) ss.
County of Pima )
lii I.lf jJ_' 11 - '� 19_4l/l./t/ l�
This instrument was acknowledged before me this �,j day of , 200 5 , by
Doug Gratzer the President/CEO of La Cholla Airpark, Inc., an Arizona corpora on.
Public
My Commission Expires:
1Nonifer L ftor:-.4Q
PUb'�r • Sri: •A
�oulity
Fission E,
3, 2oe'
JonniNr L Roden
Nopry Pubk - Ancona
PrM Co1rMp
7
EX MIT "A"
Legal Description and Map of Property
(Attached)
-4v Uzu .
2
q�h
4
i�r
V+
6:J
Leal Description
DESCRIPTION OF TERRITORY TO BE AXED
TO THE TOWN OF ORO VALLEY
THE SOUTH HALF (S 1/2) OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 13
EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA,
CONTAINING 320 ACRES, MORE OR LESS.
ALL OF SECTION 27, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT
RIVER MERIDIAN, PIMA COUNTY, ARIZONA,
CONTAINING 640 ACRES, MORE OR LESS.
THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4)
OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 28, TOWNSHIP 11
SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY,
ARIZONA,
CONTAINING 10 ACRES, MORE OR LESS.
Prepared by
David A. Rhine, RLS
AZTEC Land Survey
Inc.
`r 245M
DAVD A.
Rim
Oi
Page I oft
1
4
0
0
.ems
7
' 01/04/06 Minutes, Town Council Regular Session
E. OV12-00-15 APPROVAL OF A FINAL PLAT FOR 65 SINGLE-FAMILY
LOTS KNOWN AS STONE CANYON IV, LOCATED IN RANCHO VISTOSO,
NEIGHBORHOOD 11
MOTION: Vice Mayor Gillaspie moved to approve OV12-00-15 Stone Canyon
IV Final Plat Rancho Vistoso Neighborhood 11, subject to the conditions in
Exhibit "A" and with an added condition to amend Note 30 by adding the
wording "as identified on the preliminary plat" to follow the wording building
envelope.
EXHIBIT "A"
1. Provide a corrected Boundary Calculations Report's Coordinate File for
Common Area 2 (set #342) and Common Area 3 (Set #343.)
a. Common Area 2 (Set 342)
o C86: Coordinate File shows length of 18.24 feet while Final Plat's
Lot Curve Table shows 18.34 feet.
o C85: Coordinate File shows length of 160.28 feet while Final
Plat's Lot Curve Table Shows 165.83 feet.
o C84: Coordinate File shows length of 285.65 feet while Final
Plat's Lot Curve Table shows 322.67 feet.
b. Common Area 3 (Set #343)
o The Bearings and distances are correct from Point #509 through
Point #813 on the Coordinate File and on the Final Plat. The
remaining data from Point #815 through Point #508 within the
Coordinate File does not correlate to the Common Area 3 shown
on the Final Plat.
2. The text "Stone Canyon IV" in the location map shall be put in the correct
place.
Council Member Parish SECONDED the motion. MOTION CARRIED, 6 — 1 with
Council Member Abbott opposed due to the amount of platting into conservation
easements.
2. ELECTION OF VICE MAYOR
NOMINATION / MOTION: Council Member Carter MOVED to NOMINATE Terry
Parish to serve as Vice Mayor effective January 4, 2006 — December 31, 2006.
MOTION SECONDED by Council Member Abbott. Motion carried 7 — 0.
3. PUBLIC HEARING — ORDINANCE NO. (0)06-01 TRANSLATIONAL
ZONING OF 970 ACRES, MORE OR LESS, RECENTLY ANNEXED INTO THE
TOWN FROM PIMA COUNTY RH (RURAL HOMESTEAD) ZONING TO THE
ORO VALLEY EQUIVALENT OF R1-300 (SINGLE FAMILY RESIDENTIAL)
FOR PROPERTIES LOCATED IN AN AREA KNOWN AS THE LA CHOLLA
AIRPARK AND IMMEDIATE ENVIRONS, SPECIFICALLY INCLUDING THE
SOUTH HALF (S %) OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 13
EAST, AND ALL OF SECTION 27, TOWNSHIP 11 SOUTH, RANGE 13 EAST,
01/04/06 Minutes, Town Council Regular Mon 6
AND THE SOUTHEAST QUARTER (SE'/4) OF THE NORTHEAST
QUARTER (NE'/4) OF THE NORTHEAST QUARTER (NE'/4) OF SECTION 28,
TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER
MERIDIAN, PIMA COUNTY, ARIZONA
Community Development Director Brent Sinclair reviewed an overhead map of
the area and explained that the property was annexed into the Town on July 6,
2005. He explained that per Arizona Revised Statutes, the Town must translate
zoning of newly annexed properties from Pima County zoning, RH Homestead,
to the nearest compatible zoning equivalent within the Town, R1-300. Mr.
Sinclair further reported that on November 1, 2005, the Planning and Zoning
Commission recommended the conditional approval of the translational zoning.
Mayor Loomis opened the public hearing opened. There being no speakers, the
public hearing was closed.
MOTION: Council Member Culver MOVED to ADOPT Ordinance No. (0)06-
01, OV9-05-10 translating the zoning of all parcels indicated in Attachment 1, to
the Town of Oro Valley R1-300 district with the condition in Exhibit A.
EXHIBIT "A"
1. As provided in Town Council Resolution (R)02-68, horses and other farm
animals (except swine) are subject to Pima County zoning standards.
MOTION SECONDED by Council Member Abbott. MOTION carried 7 — 0.
4. PUBLIC HEARING — ORDINANCE NO. (0)06-02 AMENDING THE ORO
VALLEY ZONING CODE REVISED, SECTION 23.4 AND 23.7, TO REVISE
BUILDING HEIGHT STANDARDS WITHIN AN R411 RESORT ZONING
DISTRICT AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
Community Development Director Brent Sinclair explained that this item was
initiated by the Planning and Zoning Commission at the request of Town staff
due to negotiations to annex the Westward Look site and considerations of other
sites. He explained that heights of these resorts and those currently located in
the Town exceed the 25 foot height requirement of the R-4R zoning district. He
explained that this was a concern by staff as resorts may attempt to expand or if
the Town annexes other resorts.
Mr. Sinclair reviewed a table depicting the heights of existing nearby resorts
including the Town's Hilton El Conquistador Resort. He stated that based on
their evaluation of existing resorts and what may happen in the future with
expansions, staff is recommending that the height in the R4-4 district be changed
from 25 feet to 34 feet. He reported that at their November 1, 2005 meeting, the
Planning and Zoning Commission recommended the change to revise building
height standards within the R-4R zoning district to 34 feet.
01/04/06 Minutes, Town Council Regular Liession 7
Further discussion followed regarding viewsheds, the Oracle Road Scenic
Overlay District (ORSCOD), setbacks, Zoning Code, legally non -conforming
uses, options for future changes in Oro Valley, and creating performance
standards.
Mayor Loomis opened the public hearing. There being no speakers, the public
hearing was closed.
MOTION: Council Member Gillaspie MOVED to ADOPT Ordinance No.
(0)06-02 and to direct staff to bring back options for performance standards for
the R-4R Zoning District within four (4) months. Motion SECONDED by Council
Member Dankwerth. MOTION carried 6 —1 with Council Member Abbott
opposed stating that we have procedures in place and those procedures allow
public input, public scrutiny and transparency and we are moving to quickly on
this and it will have a huge impact on residents that are adjacent to resorts and
all future resorts.
5. OV12-04-26 REQUEST FOR APPROVAL OF A PRELIMINARY PLAT
FOR A 81 LOT SUBDIVISION, LOCATED WITHIN THE LA RESERVE
PLANNED AREA DEVELOPMENT AT THE END OF PUSCH WILDERNESS
DRIVE, PARCEL #220-11-002W
Valerie Feuer, MMLA Psomas, representing the applicants, Electronic
Communities, reviewed a land use map of the area and explained that the site
consists of 191 acres located in the La Reserve Planned Area Development
(PAD) and the subdivision would consist of 81 custom graded single-family lots.
She explained that there would be large areas on many of the lots that would be
totally restricted to grading due to the hillside zoning in the La Reserve PAD. Ms.
Feuer reviewed the history of the site and explained that the first design included
342 clustered mass -graded lots so the new design's density is far below what it
was originally zoned for. Ms. Feuer explained that the project has been reviewed
by the La Reserve Architectural Review Committee and they have recommended
approval. She also reported that the Development Review Board (DRB)
reviewed the preliminary plat and recommended approval with conditions. She
further explained that the applicant has met with representatives from
Amphitheater School District
Ms. Feuer addressed the Conditions of Approval and explained that the applicant
found the original six (6) conditions acceptable but the two additional conditions
as applied by the DRB were not. She stated that the applicant would also like to
add an additional condition (#7) which would state: "Lot 57 shall be cleared to the
satisfaction of a licensed and registered professional archaeologist under the
review of the Town Engineer."
In response to a question from Council Member Culver, Community
Development Director Brent Sinclair clarified that the La Reserve PAD does have
specific grading standards so the development does not have to conform to the
Town's Grading Ordinance.
01/04/06 Minutes, Town Council Regular Session
Mr. Sinclair then reported that the La Reserve PAD was adopted in March, 1986
and is a Master Planned Community. He stated that the PAD and the
Homeowner's Association document set forth many specific requirements that
take precedence over the Town's Zoning Code requirements. He explained that
the preliminary plat as presented is in general conformance with the Zoning Code
and the La Reserve requirements. Mr. Sinclair reviewed an overhead map of the
site and stated that the developable area is limited towards the front of the site
and the applicant has worked to minimize the impact from Oracle Road (i.e. stair -
stepping along the hillside, custom grading, earth -tone colors, private drives, and
using textured concrete.) Mr. Sinclair reported that the Development Review
Board recommended approval of the preliminary plat.
In response to a question from Council Member Abbott, Town Attorney Melinda
Garrahan explained that the PAD is relatively comprehensive and meshes with
the HOA Design Guidelines. She explained that if there were any items that
needed further regulation, they would be directed to the Design Review
Committee that is developed under the HOA's Design Guidelines. Therefore,
control or regulation of how the development will progress flows from the La
Reserve PAD and not the Town's Zoning Code.
In response to a question from Council Member Culver regarding viewshed
mitigation, Mr. Sinclair explained that the grading of lots, the extent of grading,
what materials are used in the development, cut and fill, etc. are ways used to
protect the viewshed.
MOTION: Vice Mayor Parish MOVED to approve OV12-04-26, Preliminary
Plat for Pusch Ridge Lots 1 — 81, subject to conditions one through six listed in
Exhibit A, and further subject to the following condition seven: "Lot 57 shall be
cleared to the satisfaction of a licensed and registered professional archaeologist
under the review of the Town Engineer. "
EXHIBIT "A" (*As amended)
1. Provide a separate detention waiver request letter.
2. Provide a letter to the Town Engineer with the condition that pedestrian
pathways be provided on all street right-of-ways.
3. On sheet 7, show dip crossing at approximate station 20+65 on private drive
or indicate sheet flow across the pavement
4. On sheet 11, show location of CP2.
5. On sheet 13, remove "Q100 = 11 cfs" at west side of Lot 25.
6. Provide a revised letter from the engineer that formalizes the roadway design
criteria and identifies the design criteria source(s) that apply to this project.
7. *Lot 57 shall be cleared to the satisfaction of a licensed and registered
professional archeologist under the review of the Town Engineer.
Motion SECONDED by Council Member Carter. Motion carried, 7 — 0.
01/04/06 Minutes, Town Council Regular Session 9
6. STAFF REPORT TO COUNCIL REGARDING RECENT EVENTS IN THE
TOWN'S ATTEMPT TO ACQUIRE AN EASEMENT ACROSS THE FAKE
PROPERTY, OTHERWISE KNOWN AS LOGAN'S CROSSING
Town Attorney Melinda Garrahan reported that staff was given the direction to
acquire an easement (through agreement or condemnation) to connect an
existing trail from Pima County. She explained that throughout the process, the
property owners would not agree that there should be pedestrian access along
the easement that the Town wanted to acquire. She further reported that the
other parts of the trail can be used by pedestrians so by agreeing to make this
section accessible for equestrian use only, enforcement issues for the Police
Department and the Prosecutor's Office may arise. However, the property
owner's have agreed to add as a condition of the easement that they would not
require the Town of Oro Valley to enforce the "equestrian only" issue.
MOTION: Vice Mayor Parish MOVED that Town staff be authorized to initiate
eminent domain proceedings to acquire a non -motorized, multi -use easement.
Motion SECONDED by Council Member Abbott.
DISCUSSION: Council Member Gillaspie pointed out that the Town previously
adopted the Pima County Master Trails Plan and this trail is part of that Plan
which shows this trail as a multi -modal, non -motorized trail. Therefore, the Town
has established a policy that this trail is allowed for pedestrian use. He also
stated that the General Plan encourages the protection and expansion of trails.
MOTION CARRIED, 7 — 0.
7. FUTURE AGENDA ITEMS
(In response to Council Member Gillaspie's questions, Town Manager Chuck
Sweet stated that the Community Economic Development Strategy (CEDS) and
Economic Development Incentive Guidelines will be discussed during a study
session of January 11, 2006. He also stated that he will follow up on the request
for a study on a "big box" ordinance.
CALL TO AUDIENCE — No speakers.
ADJOURNMENT
MOTION: A MOTION was made by Council Member Culver and SECONDED by
Council Member Carter to adjourn at 8:20 p.m. Motion carried, 7 — 0.
01/04/06 Minutes, Town Council Regular Session 10
Prepared by,
Roxana Garrity, CMC
Deputy Town Clerk
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 Council of Oro
Valley, Arizona held on the _ day of 2006. 1 further certify that the
meeting was duly called and held and that a quorum was present.
Dated this day of , 2006.
Kathryn E. Cuvelier, CMC
Town Clerk
A
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
JANUARY 04, 2006
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 5:30 PM
CALL TO ORDER
ROLL CALL
PRESENT: Paul Loomis, Mayor
Barry Gillaspie, Vice Mayor (Arrived at 5:35 p.m.)
Paula Abbott, Council Member (Arrived at 5:35 p.m
K.C. Carter, Council Member
Conny Culver, Council Member
Helen Dankwerth, Council Member
Terry Parish, Council Member
EXECUTIVE SESSION AT OR AFTER 5:30 PM
MOTION: A MOTION was made by Council Member Dankwerth and seconded
by Council Member Culver to go into Executive Session at 5:30 for the following
purpose:
1. Pursuant to ARS 38-431.03(A)(3) & (A)(4) Consultation with the Town
Attorney for Legal Advice and Discussion regarding the standards
applicable to OV12-04-26, a preliminary plat for a 81 lot subdivision,
located within the La Reserve Planned Area Development at the end of
Pusch Wilderness Drive (past the bridge), Parcel 220-11-002W
2. Pursuant to ARS 38-431.03(A)(3) &(A)(4) Consultation with the Town
Attorney for Legal Advice and Discussion regarding Class Action Lawsuit
brought by the Arizona State Treasurer to recover losses suffered
because of the Bankruptcy filed by National Security Financial Enterprises
("NSFE")
MOTION CARRIED, 5 — 0.
Mayor Loomis announced that in addition to the Town Council, the Town
Manager, the Town Clerk and the Town Attorney, David Andrews, Assistant
Town Manager, and Joe Andrews, Chief Civil Attorney, would be present in
Executive Session for Items 1 and 2 and Community Development Director Brent
Sinclair and Senior Planner Bayer Vella would be present for Item 1.
MOTION: A MOTION was made by Council Member Culver and SECONDED
by Council Member Dankwerth to go out of Executive Session at 6:23 p.m.
Motion carried, 7 — 0.
01/04/06 Minutes, Town Council Regular WiLlion 2
RESUME REGULAR SESSION AT OR AFTER 7:00 P.M.
CALL TO ORDER
ROLL CALL
PRESENT: Paul Loomis, Mayor
Barry Gillaspie, Vice Mayor
Paula Abbott, Council Member
K.C. Carter, Council Member
Conny Culver, Council Member
Helen Dankwerth, Council Member
Terry Parish, Council Member
PLEDGE OF ALLEGIANCE
Mayor Loomis led the audience in the Pledge of Allegiance.
UPCOMING MEETING ANNOUNCEMENTS
Town Manager Chuck Sweet reviewed the upcoming meetings and events. He
also announced that the Town Hall offices would be closed on January 16th for
Civil Rights Day. Mr. Sweet then introduced Sarah More, the Town's new
Planning and Zoning Administrator.
COUNCIL REPORTS — No reports.
DEPARTMENT REPORTS - No reports.
TOWN MANAGER'S REPORT — No report.
CALL TO AUDIENCE - No speakers.
CONSENT AGENDA
Mayor Loomis pulled Items D and E from the Consent Agenda at the request of
Council Member Abbott (Item D) and Vice Mayor Gillaspie (Item E).
MOTION: A motion was made by Council Member Carter and SECONDED by
Council Member Dankwerth to approve the Consent Agenda minus items D, & E.
Motion carried, 7 — 0.
A. Minutes—11-07-05 & 12-07-05
B. Police Report — November 2005
C. Coyote Run Monthly Report — November 2005
D. OV12-05-27 Approval of a Final Plat for Boulder Canyon Properties to
convert "The Boulders at La Reserve" Apartments to condominiums,
located at the intersection of Pusch Ridge Wilderness Drive and
Reserve Drive, Parcel #220-08-008L (PULLED FOR DISCUSSION)
E. OV12-00-15 Approval of a Final Plat for 65 single-family lots known as
Stone Canyon IV, located in Rancho Vistoso, Neighborhood 11
(PULLED FOR DISCUSSION)
01/04/06 Minutes, Town Council Regular Anion 3
F. Appointment of James Dunn and David Parker to fill the immediate
vacancies on the Stormwater Utility Commission with both terms
ending June 30, 2006
G. Request For Authorization For The Arizona Public Entity NCFE Loss
Recovery Coalition Inc. (The "Loss Recovery Coalition") To Settle
Claims By The Town Of Oro Valley Against Former NCFE Trustees
And Their Affiliates (JP Morgan Chase & Co., JP Morgan Chase Bank,
JP Morgan Partners, LLC, Bank One, N.A., Bank One Corporation,
Banc One Capital Markets, Inc., The Beacon Group, LLD, The Beacon
Group Focus Value Fund -III, KP, Thomas Mendell, Harold Pate And
Eric Wilkinson (Collectively, "JP Morgan") In The Loss Recovery
Coalition's Ongoing Efforts To Recover Losses Suffered Through
Investments In The Local Government Investment Pool ("LGIP") As A
Result Of The Bankruptcy Of National Century Financial Advisors
("NCFE").
D. OV12-05-27 APPROVAL OF A FINAL PLAT FOR BOULDER CANYON
PROPERTIES TO CONVERT "THE BOULDERS AT LA RESERVE"
APARTMENTS TO CONDOMINIUMS, LOCATED AT THE INTERSECTION OF
PUSCH RIDGE WILDERNESS DRIVE AND RESERVE DRIVE, PARCEL #220-
08-008L
In response to questions from Council Member Abbott, Assistant Town Manager
David Andrews explained that the change from apartments to condominiums
would have zero fiscal impact on the town since the Town does not impose a
local sales tax on residential real property rentals. Community Development
Director Brent Sinclair also explained that per State Statute, notices are sent to
renters informing them that the conversion is happening and also giving the
renters the opportunity to buy the unit as a condominium.
In response to a question from Council Member Abbott, applicants Peter Wells
and Caroline (last name unintelligible), explained that their target buyers would
be the people already living in the units. Mr. Wells explained that the units would
be offered to the residents first and than to all of the La Reserve Master HOA
Community. He explained that they honor all leases in effect. Caroline
explained further that the target buyers would most likely be primary and
secondary homeowners. She also explained that there could be investors but
that only 30% of units can be bought by investors.
In response to a question from Council Member Parish regarding "Crime Free
Multi -Housing Program", Mr. Wells explained that homeowners are usually better
than renters when it comes to crime prevention, but responsibility is that of the
Homeowner's Association and is enforced by them through their CC&Rs and
background questionnaires.
. 01/04/06 I` Minutes, Town Council Regular Session 4
MOTION: Council Member Culver moved to approve OV12-05-27 Final
Condominium Plat for The Boulders at La Reserve, with the conditions specified
in Exhibit "A".
EXHIBIT "A"
OV12-05-27
Engineering
1. Sheet 3, provide point for location 1039.
CC&R's Language
2. Per the Fire Marshal, the language in the CC&R's regarding BBQ grills
shall read as follows: "Charcoal burners, flame -producing devices,
barbeques, and grills shall not operate on combustible balconies or within
ten feet (10') of combustible materials. Flame -producing devices,
barbeques, and grills shall be used and installed in accordance with their
product listing and shall not be located under combustible construction,
combustible canopies, or combustible roof overhangs."
3. Per the Oro Valley Water Utility, a document has been supplied which
explains how the water bills will be equitably divided when conversion
takes place. The CC&R's need to reflect this equitable division of the
water bill through the use of the following language "The property is
master metered within the Oro Valley Water Authority. Each unit has its
own mete installed by the hot water heater and measures actual use. The
invoice from the OV Water Utility will be paid by the HOA. The property
will have a third party billing company electronically read meters in the
units to generate invoices. The homeowners will then submit payment to
the HOA to offset the invoice from the OV Water Utility."
4. A copy of the CC&R's shall be submitted for final review.
Council Member Dankwerth SECONDED the motion. MOTION CARRIED, 6 — 1
with Council Member Abbott opposed stating that she felt that there were
currently too few apartments within the Town limits and she did not want to see
them taken away from the housing market and she also felt that too many current
renters would be displaced (only 10 —15% of current renters would stay and
buy.)
• TOWN OF ORO VALLEY
STAFF REPORT TO TOWN COUNCIL
=K): HONORABLE MAYOR & TOWN COUNCIL
3
MEETING DATE: January 4, 2006
FROM: Bayer Vella, AICP Principal Planner
SUBJECT: PUBLIC HEARING, ORDINANCE (0) 06- 01 OV9-05-10, TRANSLATIONAL ZONING
OF 970 ACRES, MORE OR LESS, THAT WERE RECENTLY ANNEXED INTO THE
TOWN FROM PIMA COUNTY RH (RURAL HOMESTEAD) ZONING TO THE ORO
VALLEY EQUIVALENT OF R1-300 (SINGLE FAMILY RESIDENTIAL) FOR
PROPERTIES LOCATED IN AN AREA KNOWN AS THE LA CHOLLA AIRPARK
AND IMMEDIATE ENVIRONS, SPECIFCALLY INCLUDING THE SOUTH HALF (S
1/2) OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 13 EAST AND ALL OF
SECTION 27, TOWNSHIP 11 SOUTH, RANGE 13 EAST, AND THE SOUTHEAST
QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST
QUARTER (NE '/4) OF SECTION 28, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA
AND SALT RIVER MERIDAN, PIMA COUNTY, ARIZONA
BACKGROUND
On July 6, 2005, the Town of Oro Valley approved an ordinance to formally annex the above -referenced area.
The ordinance became effective on August 6. Attachment #2 includes a map that identifies the location of the
subject area and current/proposed zoning.
kaccordance with State Statutes, the Town is required to change, or "translate" the zoning on the annexed
operties from the original designation to the closest comparable Oro Valley zone. Section 9-471(L) of the
Arizona Revised Statutes (ARS) states:
"A city or town annexing an area shall adopt zoning classifications which permit densities and uses no
greater than those permitted by the county immediately before annexation. Subsequent changes in
zoning of the annexed territory shall be made according to existing procedures established by the city or
town for the rezoning of land."
SUMMARY
The Pima County zoning designation for this property is RH (Rural Homestead) zone. RH is a low density
residential district "intended to preserve the character and encourage the orderly growth of rural areas in the
county'. The most comparable Town of Oro Valley land use designation would be the recently created R1-300
(low density 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".
OVERVIEW OF PROPOSED TRANSLATIONAL ZONES:
Pima County and Town of Oro Valley Zoning
The Pima County RH zone is a low density, rural residential zone which allows one dwelling unit for each
188,000 square feet.
R1-300 is the lowest density Oro Valley zoning district. In fact, the minimum lot size is 300,000 square feet.
The next most intensive rural district is R1-144, which enables a minimum lot size of 144,000 square feet.
TOWN OF ORO VALLEY
It is important to note that the R1-300 zone was crafted in a manner to specifically accommodate the La Cholla
Airpark area. In fact, there was significant input from the homeowners association and area residents.
On August 1, 2002, the Town Council adopted Resolution (R) 02-68. It provides that newly annexed areas will retain
Pima County livestock (horses and other farm animals, except swine) allowances. A condition has been added to insure
compliance with the Resolution.
NOTIFICATION:
All owners of property subject to this translational zoning have been notified and the property was posted in
accordance with Town and State statutes. To date, public comments have not been submitted.
GENERAL PLAN CONFORMANCE:
The subject property lies within an area designated on the General Plan as "Rural" Low Density Residential'.
The translation zoning conforms with this designation.
PLANNING & ZONING COMMISSION HEARING:
At the November 1, 2005 regular meeting, the Commission unanimously (6-0) recommended conditional
approval of the translational zoning. The condition is specified in the attached Exhibit A.
FINDINGS OF FACT:
actors in Favor
. The proposal complies with the General Plan.
2. The Planning & Zoning Commission recommended approval.
3. Action is required as provided by state statute.
4. Proposed Town zoning is similar to the former Pima County zoning.
Factors Against
1. None
SUGGESTED MOTION: 01
I move to approve Ordinance (0) 06- , OV9-05-10, translating zoning of all parcels indicated in Attachment 1,
to the Town of Oro Valley R1-300 district with the condition in Exhibit A.
ATTACHMENTS: 01
1. Ordinance (0) 06-
2. List of Subject Parcels
3. Exhibit A
4. Annexation & Translational Zoning Map
FA0V\0V9\2005\0V9-05-10\PZ Report.doc
Comm>.yr)ity Development Director
W
own
Town Manager
b - AmrP4cvs
ORDINANCE NO. (0) 06-•01
AN ORDINANCE TO AMEND THE ZONING OF 970 ACRES, MORE OR LESS,
THAT WERE RECENTLY ANNEXED INTO THE TOWN FROM PIMA
COUNTY RH (RURAL HOMESTEAD) ZONING TO THE ORO VALLEY
EQUIVALENT OF R1-300 (SINGLE FAMILY RESIDENTIAL) FOR
PROPERTIES LOCATED IN AN AREA KNOWN AS THE LA CHOLLA
AIRPARK AND IMMEDIATE ENVIRONS, SPECIFCALLY INCLUDING THE
SOUTH HALF (S 1/2) OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 13
EAST AND ALL OF SECTION 27, TOWNSHIP 11 SOUTH, RANGE 13 EAST,
AND THE SOUTHEAST QUARTER (SE'/) OF THE NORTHEAST QUARTER
(NE'/4) OF THE NORTHEAST QUARTER (NE'/4) OF SECTION 28, TOWNSHIP
11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDAN, PIMA
COUNTY, ARIZONA
WHEREAS, the parcels indicated in Attachment 1 were annexed into the Town on July
6, 2005; and
WHEREAS, on November 1, 2005, at a duly noticed public hearing, the Planning and
Zoning Commission, in accordance with Arizona Revised Statutes, considered the
translational zoning request to amend the Pima County RH to Town of Oro Valley R1-
300 and voted 6 to 0 to recommend conditional approval, the condition is attached as
Exhibit A; and
WHEREAS, the Oro Valley Town Council has considered the requested translational
zoning amendment at a duly -noticed public hearing and finds it is consistent with the
Town's General Plan and Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN
COUNCIL OF THE TOWN OF ORO VALLEY:
SECTION 1. That the zoning designation for the parcels in Attachment 1 be amended
from Pima County R-H to Town of Oro Valley R1-300 with the conditions in Exhibit A
to this Ordinance.
SECTION 2. That all ordinances and parts of ordinances in conflict herewith, and the
same are hereby repealed to the extent of such conflict.
SECTION 3. That this ordinance and the various parts thereof are hereby declared to be
severable. If any section, sub -section, sentence, clause, word or phrase of this ordinance
is, for any reason, held to be unconstitutional, such holdings shall not affect the validity
of the remaining portion of this ordinance.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 4th day of January, 2006.
ATTEST:
Katheryn E. Cuvelier, Town Clerk
APPROVED AS TO FORM
Town Attorney
Paul H. Loomis, Mayor
ATTACHMENT 1
OV9-05-10
This action applies to the following recently annexed parcels:
219180010
219180020
219180030
219180040
219180050
21917009A
219170020
219170030
219170040
219170050
219180080
219180070
219180060
219170070
219170080
219180100
219180090
219170060
219170100
219180110
219180130
219180140
219170110
219170120
219170130
219170140
219180120
219170160
219180170
219180160
219180150
219170200
219170190
219170180
219170150
21918019A
21918019B
21918019C
21923062A
219170170
219230010
219230020
219230030
219230160
219230170
219230250
219230260
219230270
219230150
219230240
219230290
219230280
219230300
219230140
219230040
219230180
219230070
219250040
219230230
219250050
219230130
219230050
219230080
219230060
219250060
219230190
219230200
21923022A
219230310
219230320
21923022B
219230120
219230090
219230100
219230210
219230690
219230680
219230660
219230650
219230370
219230360
219230350
219230340
219230330
219230640
219230700
219230380
219230670
219230710
219230390
219230400
219230610
219230420
219230720
219230600
219230410
219230730
219230430
219230590
219230780
219230520
219230530
219230440
219230770
219230740
219230500
219230540
219230750
219230560
219230510
219230450
219230570
219230580
21923081A
21923081B
219230800
219230790
219230760
219230490
219230460
219230550
219230480
219230470
Exhibit A
Condition of Translational Zoning
OV9-05-10
1. As provided in Town Council Resolution (R) 02-68, horses and other farm animals (except swine) are
subject to Pima County zoning standards.
10/27M05
Attache
Annexation & Trans
' °� •
@
•
•
•
WTURTLE DOVE LN
a
F
�
r
ys 5tlp
�, 7iR ,
S'
�Yfj
1
-AR CANYON T�
_ f� �i� M1 �!CycT►'Y•
pm
�1MiMF�I M�
4
_ O
A O
Z
Z
..
p
W MO
_ _ 1� .a •
Z _ --- WHUNr ER RD . _.._ _ � _ U -... �I 1/ P ■ � _� ui
N O ■ � �` i; .tf
to �. � _ Q �/ ►�I � a
m N N O� j%1� �i•� ��
U
tr
-. w --- : ■ �l<�' ► DU►� ilk
W J It
i ■ i\ 1►\� ` 10
>-
O __ U - - LVri ♦ 11 n
U
Z W SUNKIST RD us .�. 1 11111
p _ WLIMEWOODDR
W -- --
J
o _ - . i w
z z wTANCE ENE RD o W TANGERINE R .���tP •— ,
- -
z E S
IL E LEA R.
APPROVED MINUTES
PLANNING COMMISSION
REGULAR SESSION
NOVEMBER 1, 2005
TOWN COUNCIL CHAMBERS
11000 NORTH LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
ROLL CALL
PRESENT: Chair John Anning
Vice Chair Pete Bistany
Commissioner Bill Adler
Commissioner Don Manross
Commissioner Teree Bregman
Commissioner Doug McKee
EXCUSED: Commissioner Honey Pivirotto
Also Present: Mayor Paul Loomis
Town Manager Chuck Sweet
Helen Dankwerth, Council Member
Conny Culver, Council Member
Barry Gillaspie, Vice Mayor
K.C. Carter, Council Member
Terry Parish, Council Member
Brent Sinclair, Community Development Director
Joe Andrews, Town Civil Attorney
Bayer Vella, Principal Planner
CALL TO THE AUDIENCE opened at 6:02 p.m.
John Mitchell, 1459 W. Fairway Wood Court, presented a handout (see attached)
regarding the proposed location of a Golder Ranch Fire District fire station at Lambert
Land and La Canada, which is an issue on the December Planning and Zoning
Commission meeting agenda. He represents neighbors that have been working with
Chief Fink. The neighbors initially opposed the location of the fire station at the time of
the grading request which was approved by the Town Council. By approving the
grading of the location in a horseshoe shaped hill, it will focus the hill at our community,
at the children's daycare center and at Walgreens, and will force a lot of the diesel
odors and noise to be amplified into the neighborhood. While the Fire Department has
offered to mitigate that noise as much as they can, because we sit up above it and
because of the horseshoe shape, we have serious concerns whether anything they do
is going to mitigate it completely. The biggest concern is that the proposed project is
too large for the location. It creates safety and traffic problems, and noise, air and
lighting pollution. We have not yet decided as a group if we will oppose this at the
November 1, 2005 Approved Minutes, PLANNING AND ZONING COMMISSION
meeting next month or not. We are trying to work with Chief Fink and recognize when
the Council approves something they feel it is viable. Problems we have run into are
that we cannot find a clear plan by Oro Valley of how they allocate fire services. The
area is apparently served by three fire companies: Golder, Rural Metro and Northwest
This is confusing and we are trying to work with Staff to figure what the Oro Valley
approach to the whole fire service situation is.
Call to the Audience closed at 6:05 D.m.
MINUTES
Commissioner McKee brought up the fact that when the Commission misses a meeting,
it is difficult to remember what went on at the last meeting when reviewing the minutes.
In the future draft minutes will be emailed to the Commissioners as soon as completed.
MOTION: Commissioner Bergman MOVED to approve the September 6, 2005
Planning and Zoning Commission regular meeting minutes as written.
Commissioner McKee seconded the motion. Motion carried 6 yes, 0 no.
1. PUBLIC HEARING OV9-05-08A LEWIS AND ROCA LLP REPRESENTING
JOHN SIMON REQUESTS APPROVAL OF AN AMENDMENT TO THE STEAM
PUMP VILLAGE PLANNED AREA DEVELOPMENT (PAD) ZONING STANDARDS
REGARDING OUTDOOR LIGHTING FOR A PERFORMANCE AMPHITHEATER
WITHIN A 41 ACRE COMMERICAL DEVELOPMENT LOCATED ON THE WEST
SIDE OF ORACLE ROAD IN PROXIMITY TO EAST HANLEY BOULEVARDE AND
THE HONEYWELL SITE PARCEL NUMBERS 220-08-001P & 1Q 220-11-003A AND
220-04-009E & 9C.
Mr. Sinclair introduced the project applicant.
Carl Kilgore, Project Architect, 8250 E. Broadway, Tucson. The applicant is seeking an
amendment to the Steam Pump PAD regarding a portion of the Steam Pump project
relating to the lighting code, Section 27.5.1-1, referencing outdoor recreational facilities.
The proposed use is for an outdoor plaza and performance venue which will house
theatrical and musical performances, artisan exhibits, cultural events and community
social gatherings. Three aspects of lighting were discussed: stage, plaza or house,
and artistic.
The section of the Code this facility should be considered under is the recreational
facilities of the lighting code, specifically referenced to athletic fields, courts and tracks
being exempt from the total lumen count. There is no reference to a performance
facility in the lighting code. Applicant wishes to get this particular facility considered
under the recreational provisions and compliance with aspects of that provision.
The entire area of the Steam Pump Village project is 41 acres. The proposed area
under the amendment is 15,675 s.f., which represents 9% of the entire project. The
plaza, seating area and stage are located between buildings #3 and #4. Zone A is the
November 1, 2005 Ipproved Minutes, PLANNING AND ZONING COMMISSION 3
2.5 acres Mr. Kilgore's client owns and is everything outside the plaza. The building
lighting and parking lighting (Zone A) are not part of this request for amendment.
See PAD Amendment conditional language in the Steam Pump Village PAD
Amendment Request, bulleted paragraphs on pages 2 and 3.
Mr. Kilgore's Power Point presentation detailed the various forms of lighting: stage
lighting, plaza lighting and artistic lighting. The presentation showed the type of lights,
where the lights would be located, where they were focused and their spread, how they
were operated, how they were shielded, and total lumens.
The lighting for the plaza area is essential to circulation, exiting, security and life safety.
Not all the lights are on at the same time. There would be a pre and post performance
where the house lights and the accent lights arel on and the theatrical lights are off.
Once the performance begins approximately 50% of the theatrical lights that are outside
of the stage would be on and about 80% of the accent lighting.
Included in the PAD Amendment conditional language would be that the hours of
operation for Zone B are between 6:00 a.m. and midnight, with illumination after
midnight to be permitted for completing a scheduled event that was unable to conclude
before midnight due to unusual circumstances and for shutting down purposes.
The applicant felt that the combination of the design and lighting gives an enhanced
cultural and dining experience to the project. It would be an invitation to World class
performers. Oro Valley would be a premier location for cultural events.
Mr. Kilgore replied to Commissioner Adler's question, that there would be more than just
musical performances, but it is limited because there are no provisions for theatrical
backdrops.
Commissioner Adler said that musicians don't require a lot of light, so what is the need
for more lighting?
Mr. Kilgore replied that a lighting consultant from the University of Arizona designed the
lighting for this project based on his experience in the industry. In the initial analysis it
was determined that provisions of the code could not be met as written outside of
recreational facilities. Staff was asked if this could be considered as a recreational
facility because of the lighting being provided. For the stage to be functional for various
performance a certain amount of lumens are required.
Mr. Kilgore told Commissioner Adler there was nothing in Arizona like this that the
Commissioners could tour.
Mr. Kilgore replied to Commissioner Bergman that most venues would not go on until
midnight. That was a boundary laid out by the lighting code. Most venues would end
about 10:00 p.m. with shutdown for another hour or so.
November 1, 2005 Approved Minutes, PLANNING AND ZONING COMMISSION 4
Mr. Kilgore told Vice Chair Bistany that the intent is for year round events. Weather
would play a part in functions. The background image in the presentation does not
accurately reflect the sky as it does not take into account the Tucson ambient light.
Mr. Kilgore responded to Commissioner McKee's question, that without increasing the
tower height, which is limited by the height restrictions, the spotlights could not go
higher to provide more of an angle. The ones on the poles on the side have to be
accessible to get to the light fixture. The Follow Spots are manned in the two towers on
each side of the plaza.
Mr. Kilgore told Commissioner Manross that the consultant said this project's lighting is
more extensive than Reed Park Bandstand because of dealing with a lighted plaza.
Mr. Kilgore told Commissionr Manross that the festoon lights with 500 linear feet and 2
foot spacing have a lumen value of 2,145. The intent is to give area lighting for people
in the audience so they can move in and out of the facility.
Mr. Sinclair gave the Staff report. The Steam Pump PAD Phase 1 was approved by the
Town Council May 19, 2004. Within Phase 1 is the performance plaza. This can be
summarized into three part:
(1) Zone B performance area. The request is to categorize the lighting in the same
manner it would be in other sections of the Code dealing with recreation areas.
It would enable the lumen count to exceed the Town lighting code within limits.
The main areas where it exceeds is with the spotlights. Because the spotlights
are directional there is language in the proposal that there will not be any
spillage. There is also language that there will be no lighting above the
horizontal plane that extended from the stage roofline downward.
(2) Outside lights on the east and west walls of the performance plaza are uplights
which the Code does not permit. To mitigate, the lights will be shielded. The
festoon lights will also have to be shielded.
(3) Regarding hours of operation, it is suggested that the performance plaza be able
to fall under the same guidelines in the lighting code for recreation areas,
specifically E3 areas which are commercial areas. Entitled hours would be 6:00
a.m. and midnight with some extensions if needed to conclude the performance
under unusual circumstances.
The whole approach has been to capture the uniqueness of this performance plaza and
its needs for lighting and mitigate areas where there is excess or spillage with screens
or canisters in a manner that meets the intent of the Code.
Commissioner Adler asked if creating an entertainment zone was considered rather
than manipulating the recreational code to include something which is of an
entertainment nature?
Mr. Sinclair responded that in essence we have created its own thing. There is no way
it can fit into any other section of the Code. That is why the PAD is being amended and
fashioned in this manner.
November 1, 2005 4proved Minutes, PLANNING AND ZONING COMMISSION 5
PUBLIC HEARING opened at 6:50 p.m.
List of speakers:
1. Deborah Clark, 11250 N. Flying Bird (opposed)
2. Frank Ali, 11370 N. Charoleau (opposed)
3. Michael Barry, 11311 N. Charoleau (opposed)
4. Karen McRae, 11473 N. Copper Belle (opposed)
5. Elle Durham 11510 Copper Belle (opposed)
6. Ernie Malachowski, 11433 N. Charoleau (opposed)
7. Thomas Follett, 11380 N. Flying Bird (opposed)
8. Lawrence Casper, 11395 N. Flying Bird (opposed)
9. Frank Engle, 11221 Charoleau (opposed)
10. Denise Kilbury, 11530 N. Charoleau (opposed)
11. Roni Sabato, 11495 N. Flying Bird (opposed)
12. Pam Sabato, 11495 N. Flying Bird (opposed)
13. Kathy Flannigan, 11350 Flying Bird (opposed)
14. Cathy Casper, 11395 N. Flying Bird(opposed)
15. Patricia Denny, 10810 N. Eagle Eye Place(opposed)
16. Tom Coldren, 11340 Charoleau (opposed)
17. Art Segal, 10148 N. Bighorn Butte Dr. (opposed)
18. Brady Buckley, 11526 N. Civano Place (opposed)
19. Mike Nickles, 1550 N. Charoleau (opposed)
20. Larry Barrett, 11470 N. Charoleau (opposed)
21. Walter Craig, 11510 N. Charoleau (opposed)
22. Alex Heinz, 11506 N. Civano Place (opposed)
23. William Von Fabraice,.11455 Flying Bird Drive (opposed)
24. Jordan Madison, 11573 N. Copperbell Place (opposed)
25. Alan Dankwerth, 11515 N. Flying Bird Dr. (opposed)
26. David Kyle, 11511 N. Civano Place (opposed)
27. Joyce Rychener, 12636 N. Deer Print
28. Paul Parisi, 363 E. Sunburst Place
29. Richard Feinberg, 1451 E. Triton Place (undecided)
30. Steve Henderson, 63110 E. Harmony Drive, Saddlebrooke (undecided)
31. Joe Frannea, 8002 N. Sendero De Juana (undecided)
32. Al Cook, 11570 N. Skywire Way (supports)
33. Tom Moser, 1090 W. Graythorn Place (supports)
34. Jim Kriegh, 40 E. Calle Concordia (supports)
Concerns/comments voiced by speakers either for or against:
• Lighting "effect" intrusive
• Concern about type of performances, i.e. rock and roll, heavy metal, etc.
• Objection to lighting that does not meet Code, including any uplighting
• Opposed to lighting and noise after midnight.
• Concerned about impact on astronomers
• Objection to variance allowing hours of operation beyond 10:00 p.m.
• Opposed to lights and noise after midnight
November 1, 2005 Ipproved Minutes, PLANNING AND ZONING COMMISSION 6
• Opposed to variance in time element.
• Concern about adverse affect on quality of life
• Concern about adverse affect on economic health and property value
• Doesn't want to look down from his property and see lights and hear sound
• Concerned about growth at expense of fellow citizens.
• Erosion of dark sky from refracted light.
• Opposed to increased lights and time beyond 10:00 p.m.
• Will be unable to see the stars because of lights.
• Doesn't want to listen to someone else's music all the time.
• Opposed to noise, timing and lighting.
• Don't compromise at expense of what neighbors will have to endure.
• Development will be an eyesore.
• Will be unable to use telescope.
• Build this beautiful facility but meet the zoning codes.
• A unique center which will enhance quality of life.
• A benefit to the community for years to come.
• Oro Valley is art deprived. The children need this facility.
• Children should know "the stars in the sky and the stars of arts and music."
• Benefit to all citizens: children, middle -age grownups and older people.
• Opposed to performances going until midnight or after. A lot of noise.
• Property values will go down.
• Who will limit and monitor lighting?
• Noise will reverbrate off the mountains.
• 100% against project.
• Concern with proposed lumen per acre cap and extending hours used.
• Concerned with light trespassing in neighboring areas and into the sky.
• Reflective light is a concern.
• Light pollution will diminish usefulness of southern Arizona for astronomy.
• Outdoor lighting codes do not contemplate surrounding reflective surfaces.
• Opposed to hours of operation and any variance approval.
• Against variances proposed.
• Wonderful opportunity for project but not a cost of destroying our dark skies.
• Guidelines need to be laid out. No laser shows, rock bands, etc.
• Need good buffering.
• Children are excited about a place to perform.
• Project will bring class and culture.
• Apply the codes we have.
• Excited about project, but it needs to limit types of performances, their lighting
and timing.
• More reasonable daylight hours should be involved.
• Don't offer a variance, stay within the Code.
• Will look straight down at the lights and will hear all the noise.
• Opposed to any variance.
PUBLIC HEARING closed at 7:45 p.m.
November 1, 2005 Wroved Minutes, PLANNING AND ZONING COMMISSION 7
Commissioner Bergman asked Mr. Sinclair to clarify the definition of a PAD versus a
variance. The Planned Area Development (PAD) is a particular zoning for a particular
area. The Town is classified into the different zoning districts. The Steam Pump Village
has its own zoning; its own PAD. The request is to amend the PAD for the purpose of
allowing lighting specific to this performance plaza. It would not pertain to any other
area in Oro Valley. A variance could be requested and/or granted anywhere else in any
zoning district.
Commissioner McKee asked how much different this proposal is than our current code
with respect to the light pollution. Does what is being proposed meet our current
codes?
Mr. Sinclair answered yes and no. We have certain codes that pertain to recreational
facilities and to commercial facilities. What is being proposed is neither. Spotlights
generate an incredible amount of lumens, but if they are directed and shielded, then
they may not create any light pollution. He is not an electrical engineer so he cannot
answer that question. With respect to the festoon lighting, code provides that they
should be shielded. The applicant has provided a way to shield the festoon lights,
therefore they will meet the code. The uplighting on the east and west walls of the
facility is not allowed in the code. They are providing a measure to shield the top
portion. There may be reflection or refraction. Staff has tried to address differences
between what is proposed and what is in the code.
Mr. Sinclair told Commissioner McKee there are people skilled in analyzing lighting and
it may be a possible to have one give a report.
Commission Bistany felt it is incumbent upon the applicant to demonstrate some
visualization for the lighting impact of this increase. He cannot visualize the impact. He
has never voted for anything he can't visualize. A presentation should be made to show
the impact.
MOTION: Commissioner Adler MOVED to continue this item to our next meeting
to give the applicant and staff an opportunity to reconsider how the case needs
to be made for the increased lighting (amendment to the PAD) and to consider
restrictions based upon the hours and the type of uses contemplated for the
Performing Arts Plaza and other matters. Commissioner Bergman seconded the
motion.
Discussion:
Mr. Kilgore requested that a vote be given on this issue tonight, either up or down. The
season for acquiring acts for the venue is now. Acts need to be secured 1 to 1 Y2 years
in advance. If there is a continuance that window of opportunity disappears and it
would be two years before having acts for the facility.
Commissioner McKee stated that this is breaking new ground. There is a hole in the
code that doesn't cover this kind of usage and it needs to be fixed. Whatever is done
sets a precedent and establishes a template for the next time. There will be a next
November 1, 2005 40roved Minutes, PLANNING AND ZONING COMMISSION 8
time because of the Naranja Park site. This needs careful consideration. There has
not been enough information or study of this to make a decision at this time. He will
support the continuance.
Commissioner Bergman said she seconded the motion because like Commissioner
Bistany, she doesn't have a frame of reference for what this lighting will look like;
therefore, she could not vote for or against it with good conscience. It is not clear to
her what the process was for designing this particular lighting package. The hours
need to be addressed. We need to know what really is needed for a venue of this
type. It may not be appropriate to try to fit the recreation standards to this use. One of
the good things about a PAD is that it allows for custom design for specific projects.
Commissioner Manross stated that this project is a great project and is needed, but
there are too many problems with it right now. The owners want a vote now, but may
not like the outcome. The applicant should go back and revisit the hours of operation,
the uplighting, the outside lighting for performances, how it will be controlled, etc. This
project is needed, but right now it is not good for the Town.
Chair Anning called for a vote on the motion.
Motion carried 6 yes, 0 no.
BREAK: 7:55 to 8:00 p.m.
2. PUBLIC HEARING, OV7-05-10, AMENDING THE ORO VALLEY ZONING CODE
REVISED SECTION 23.4 AND 23.7, TO ADDRESS BUILDING HEIGHTS
STANDARDS WITHIN AN R-4R RESORT ZONING DISTRICT
Mr. Vella gave the Staff report.
Commissioner Adler said the impact of height is a function of its high visibility location
or its adjacency to a scenic area, which any revision to the code should take into
account. Factor in where the resort is located and the impact to height as a function of
its high visibility location or its proximity to highly valued scenic areas, i.e. peaks,
ridgeline, foothills, etc.
Mr. Vella agreed. The Oracle Road Overlay District does factor that in and requires a
viewshed analysis and works with arranging the building in a manner to preserve
viewsheds. Typically resorts seek a PAD. The challenge is how to address new resort
development and at the same time recognize the potential of three resorts being in
Town and making sure they are not non -conforming. The 25 feet does not
accommodate a ballroom or conference center.
Commissioner Adler said the three resort are all built far enough away from major
thoroughfares so even though they exceed the present height limitation, they don't
impact visually. He would be reluctant to approve anything that would allow something
in the future to be built without considering viewshed and high visibility locations.
November 1, 2005 Huuroved Minutes, PLANNING AND ZONING COMMISSION 9
Height is sometimes used for advertisement and he would be against that reason for
height.
Mr. Vella replied to Commissioner McKee that there is not an expiration date on the
Rancho Vistoso PAD. It is part of their hard zoning.
Commissioner Bistany asked if the El Conquistador was the only R-4R we now have?
Mr. Vella answered yes. It is taking a look at the El Conquistador Resort which
currently, built in Pima County, doesn't meet that standard. Within the Town's
annexation goal boundaries there are two resorts that may come into the Town.
Commissioner Adler wondered if it could be considered that a resort that would exceed
the present code allotment for height would require a Conditional Use Permit. So not
only the height is justified, but its location and suitable for the immediate area could be
looked at specifically.
Mr. Vella deferred that question to the Commission.
PUBLIC HEARING opened at 8:15 p.m.
Faith Barry, 7510 W. Desert Tree Drive. She is a resident of the Westward Look HOA
and she deferred to the president of the association.
Mike Lembo, 3 E. Old Ina, passed.
Carol Brown, 9814 N. Ridge Shadow Place. (unintelligible on tape) She wondered if
this would affect just the ballroom or the other rooms as well. When they built their lots,
they were told that the view would not be impacted. If added on to, she would be
looking into the hotel bedroom windows. Parking lots and the ballroom have been put
in. If allowed to go up it would add insult to injury.
Norma Lackow, 328 E. Desert Tree Dr. She is the president of the Westward Look
Guest Ranch Association. They have had a long very pleasant relationship with the
hotel. The resort's good financial health is very important to the association. You have
to ride by the hotel in order to get to their homes. We have great concerns about
changing the ambiance of the hotel. The hotel is a posh, wild area. Anything they do
to change the wildness of the place, building it up and making it look plastic will change
the character of the hotel. We have great concerns about your changing their ability to
build up which would change the hotel's impact on us.
Constantine Sakellar, 7251 N. Westward Look Dr. For the last 45 years, 3 generations
of Sakellar's have waved to the tour buses that came down Westward Look Drive. He
spoke in favor of matching the County translational zoning of 34 feet. Westward Look
has been a good neighbor. He welcomes the annexation into Oro Valley and believes
that this Commission does watch out for its citizens and will hold Westward Look to a
quality development. Tucson resorts are important to this Town. As an architect and
planner he understands the height requirements for resort facilities.
November 1, 2005 X*oved Minutes, PLANNING AND ZONINA COMMISSION 10
Jon Johnson, 7430 N. Michelle Place. (opposed) He lives just east of the Westward
Look. They are opposed to the height change. Westward Look has a nice low key
look and is not multi -story there. He believes a height change would block a lot of
people's view. We enjoy Westward Look the way it is.
PUBLIC HEARING closed at 8:25 p.m.
Mr. Vella reiterated that part of this exercise is reflecting what is existing today.
Westward Look's ballroom is 32 feet tall. El Conquistador has elements that are 30
feet tall. When a redevelopment proposal comes into the Town, the applicant goes
before the Development Review Board to specifically look at the architecture that is
being proposed. DRB has to work within the zoning code constraints. It is part of their
charge to effect changes so that we are not looking at developments that are 34 feet
across the board. They look at areas that need to be respected such as existing
residential and viewsheds. There are viewsheds requirements for the entire expanse
of Oracle Road.
Commissioner Adler would like to make a distinction between existing and proposed.
The Code for existing resorts should be allowed to exist at or below 34 feet. Any new
proposed resorts should not exceed 25 feet, the current limitation, or apply for a
Conditional Use Permit to justify that additional height which then would come before
the Planning Commission and Council.
MOTION: Commissioner Bergman MOVED to forward OV7-05-10, proposed
amendments to the Oro Valley Zoning Code Revised Sections 23.4 and 23.7.13, to
revise building height standards within the R-4R zoning district to 34 feet, to the
Town Council recommending approval. Commissioner Manross seconded the
motion.
Discussion:
Commissioner Bergman's reason for forwarding this to the Council recommending
approval is that this is the height that is allowed in Pima County for the resorts that are
directly effected by this. It is to the benefit of the Town. Thirty Four feet is not an
excessive height.
Commissioner Manross asked Staff if the three resorts already there, all being
developed under 34 feet, if they are brought in will they be grandfathered in and still be
allowed to maintain any new additions to that elevation?
Mr. Vella responded that if brought into the Town under our 25 foot standards, they
would be considered grandfathered... a non -conforming use. Their existing heights
would be respected. The impact would be that any potential expansions would be
limited to the Oro Valley 25 foot standard.
Chair Anning called for the vote.
November 1, 2005 , .,,~,roved Minutes, PLANNING AND ZONINu k."JMMISSION 11
Motion carried 5 yes, 1 no. Commissioner Adler voted no. (The Planning and
Zoning Commission voted on 12/6/05 to allow for a correction in the minutes stating the
reason why Commissioner Adler voted no. His reasons are based on his stated
comments in the paragraphs above the motion.)
3. PUBLIC HEARING, OV9-05-10, TRANSLATIONAL ZONING OF 970 ACRES,
MORE OR LESS, THAT WERE RECENTLY ANNEXED INTO THE TOWN FROM
PIMA COUNTY RH (RURAL HOMESTEAD) ZONING TO THE ORO VALLEY
EQUIVALENT OF R1-300 (SINGLE FAMILY RESIDENTIAL) FOR PROPERTIES
LOCATED IN AN AREA KNOWN AS THE LA CHOLLA AIRPARK AND IMMEDIATE
ENVIRONS, SPECIFCALLY INCLUDING THE SOUTH HALF (S 1/2) OF SECTION 22
TOWNSHIP 11 SOUTH, RANGE 13 EAST AND ALL OF SECTION 27, TOWNSHIP 11
SOUTH, RANGE 13 EAST, AND THE SOUTHEAST QUARTER (SE '/4) OF THE
NORTHEAST QUARTER (NE %) OF THE NORTHEAST QUARTER (NE 1/4) OF
SECTION 28, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER
MERIDAN, PIMA COUNTY, ARIZONA.
Mr. Sinclair gave the Staff report.
PUBLIC HEARING opened at 8:35 p.m.
Gary Lichte, 13751 N. Piper (undecided) He was given the regulations at 23.6b and
23.b for R1-300 regarding setbacks, etc. and he wanted to make sure that is included in
what is being voted on.
Mr. Sinclair said yes, what was just described is that section of the Code that described
the district regulation for R1-300.
PUBLIC HEARING closed at 8:38 p.m.
MOTION: Commissioner McKee MOVED to recommend approval of OV9-05-10,
translating zoning of all parcels indicated in Attachment 1, to the Town of Oro
Valley R1-300 district with the condition in Exhibit A. Vice Chair Bistany
seconded the motion. Motion carried 6 yes, 0 no.
4, OV7-05-11, STAFF REQUESTS INITIATION OF A PROJECT TO AMEND THE
ORO VALLEY ZONING CODE WITH REGARD TO SEXUALLY -ORIENTED
BUSINESS REGULATIONS.
Mr. Sinclair gave the Staff report. On October 5, 2005, the Town Council approved
Resolution No. R5-85 which approved a Code amendment to regulate sexually -oriented
businesses. What was not approved deals with the land use regulations of sexually -
oriented businesses providing for the specific zoning district for them to located in and
other locational considerations, etc. The issue before the Commission would be to go
through all the provisions relating to the Zoning Code issues for sexually -oriented
businesses.
November 1, 2005 roved Minutes, PLANNING AND ZONII46 OMMISSION 12
Attorney Andrews stated that he came up with the other code and now it has to be
integrated with the Zoning Code.
MOTION: Commissioner Manross MOVED to initiate OV7-05-11, potential
amendments to the Oro Valley Zoning Code Revised to address sexually -oriented
businesses. Commissioner Bergman seconded the motion. Motion carried 6 yes,
0 no.
PLANNING UPDATE
• Town Council approved a Zoning Code amendment dealing with assurances and
minor land division amendments.
• Town Council will be considering the Commercial Code amendments on
November 10 at 5:30 p.m. at a Special Session.
• Mayor Loomis set a Study Session for November 9 at 5:30 p.m. to review the
Planning and Zoning Commission Work Plan.
The Commission is welcome to attend either of these above session. An agenda will be
forwarded as soon as it comes forward.
Meeting adjourned at 8:40 p.m.
Respectfully submitted,
Diane Chapman, Recording Secretary
TOWN OF ORO VALLEY
STAFF REPORT TO PLANNING AND ZONING COMMISSION MEETING DATE: November 1, 2005
TO: PLANNING AND ZONING COMMISSION
FROM: Bayer Vella, AICP Principal Planner
SUBJECT: PUBLIC HEARING, OV9-05-10, TRANSLATIONAL ZONING OF 970 ACRES, MORE
OR LESS THAT WERE RECENTLY ANNEXED INTO THE TOWN FROM PIMA
COUNTY RH (RURAL HOMESTEAD) ZONING TO THE ORO VALLEY
EQUIVALENT OF R1-300 (SINGLE FAMILY RESIDENTIAL) FOR PROPETIES
LOCATED IN AN AREA KNOWN AS THE LA CHOLLA AIRPARK AND
IMMEDIATE ENVIRONS, SPECIFCALLY INCLUDING THE SOUTH HALF (S 1/2)
OF SECTION 22 TOWNSHIP 11 SOUTH RANGE 13 EAST AND ALL OF SECTION
27, TOWNSHIP 11 SOUTH, RANGE 13 EAST, AND THE SOUTHEAST QUARTER (SE
1/4) OF THE NORTHEAST QUARTER (NE 1/) OF THE NORTHEAST QUARTER (NE
1/4) OF SECTION 28, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT
RIVER MERIDAN, PIMA COUNTY, ARIZONA
BACKGROUND
On July 6, 2005, the Town of Oro Valley approved an ordinance to formally annex the above -referenced area.
The ordinance became effective on August 6. Attachment #2 includes a map that identifies the location of the
subject area and current/proposed zoning.
In accordance with State Statutes, the Town is required to change, or "translate" the zoning on the annexed
properties from the original designation to the closest comparable Oro Valley zone. Section 9-471(L) of the
Arizona Revised Statutes (ARS) states:
"A city or town annexing an area shall adopt zoning classifications which permit densities and uses no
greater than those permitted by the county immediately before annexation. Subsequent changes in
zoning of the annexed territory shall be made according to existing procedures established by the city or
town for the rezoning of land."
SUMMARY
The Pima County zoning designation for this property is RH (Rural Homestead) zone. RH is a low density
residential district "intended to preserve the character and encourage the orderly growth of rural areas in the
county". The most comparable Town of Oro Valley land use designation would be the recently created R1-300
(low density 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".
OVERVIEW OF PROPOSED TRANSLATIONAL ZONES:
Pima County and Town of Oro Valley Zoning
The Pima County RH zone is a low density, rural residential zone which allows one dwelling unit for each
188,000 square feet.
R1-300 is the lowest density Oro Valley zoning district. In fact, the minimum lot size is 300,000 square feet.
The next most intensive rural district is R1-144, which enables a minimum lot size of 144,000 square feet.
A
TOWN OF ORO VALLEY
PLANNING AND ZONING COMMISSION STAFF REPORT Page 2
It is important to note that the R1-300 zone was crafted in a manner to specifically accommodate the La Cholla
Airpark area. In fact, there was significant input from the homeowners association and area residents.
On August 1, 2002, the Town Council adopted Resolution (R) 02-68. It provides that newly annexed areas will retain
Pima County livestock (horses and other farm animals, except swine) allowances. A condition has been added to insure
compliance with the Resolution.
NOTIFICATION:
All owners of property subject to this translational zoning have been notified and the property was posted in
accordance with Town and State statutes. To date, public comments have not been submitted.
GENERAL PLAN CONFORMANCE:
The subject property lies within an area designated on the current and proposed General Plans as "Rural Low
Density Residential". The translation zoning conforms with the Plans.
STAFF RECOMMENDATION:
Staff recommends translating the zoning of all parcels within Attachment 1 to R1-300 (Single -Family
Residential) District.
SUGGESTED MOTIONS:
I move to recommend approval of OV9-05-10, translating zoning of all parcels indicated in Attachment 1, to the
Town of Oro Valley R1-300 district with the condition in Exhibit A.
OR
I move to recommend approval of OV9-05-10, translating zoning of all parcels indicated in Attachment 1, to the
Town of Oro Valley R1-300 district with the condition in Exhibit A and the following
conditions
ATTACHMENTS:
1. List of Subject Parcels
2. Exhibit A
3. Annexation & Translational Zoning Map
F:\OV\OV9\2005\OV9-05-10\PZ Report.doc
Community Development virector
TOWN OF ORO VALLEY
PLANNING AND ZONING COMMISSION STAFF REPORT MEETING DATE: November 1, 2005
TO: PLANNING AND ZONING COMMISSION
FROM: Pamela J. Holt, Planner
SUBJECT: OV7-05-11, STAFF REQUESTS INITIATION OF A PROJECT TO AMEND THE ORO
VALLEY ZONING CODE REVISED WITH REGARD TO SEXUALLY -ORIENTED
BUSINESS REGULATIONS.
SUMMARY
The purpose of this amendment is to initiate updated regulations for sexually -oriented businesses. The
proposed effort would focus upon the following:
• Defining sexually -oriented businesses;
• Review of appropriate zoning districts for such uses;
• Consider location of sexually -oriented businesses in relation to incompatible uses, such as school,
churches, parks, residential neighborhoods, and other sexually -oriented businesses;
• Regulate building design to screen undesired images or paraphernalia from views and incorporate
crime prevention measures;
• Ensure proper compliance with recently adopted amendments to the Town Code regarding sexually -
oriented businesses; and
• Other issues identified through research and the code update process.
STAFF RECOMMENDATION:
Staff recommends initiation of amendments to the Oro Valley Zoning Code Revised, related to sexually -
oriented businesses.
SUGGESTED MOTIONS:
I move to initiate OV7-05-11, potential amendments to the Oro Valley Zoning Code Revised to address
sexually -oriented businesses.
OR
I move to initiate OV7-05-11, potential amendments to the Oro Valley Zoning Code Revised to address
sexually -oriented businesses with the following changes:
OR
I move to deny OV7-05-11, potential amendments to the Oro Valley Zoning Code Revised to address
sexually -oriented businesses.
F:\0V\0V7\2005\7-05-11
60 --05-/0
AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA )
ss.
COUNTY OF PIMA )
Audrey Smith, being first duly sworn, deposes and says that (s)he is the Legal
Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and
published in the County of Pima, State of Arizona, and of general circulation in the City of
Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached:
NOTICE OF PUBLIC HEARING
TRANSLATIONAL ZONING Or -
RECENTLY ANNEXED PROPERTY
1 /4/2006
was printed and published correctly in the regular and entire issue of said THE DAILY
TERRITORIAL for 1 issues; that was first made on the 17th day of November 2005
and the last publication thereof was made on the 17th day of November 2005 ;
that said publication was made on each of the following dates, to -wit:
11/17/05
at the Request of: Town of Oro Valley
by /\VY\I--I , Legal Advertising Manager
Subscribed and sw"t6 re this 17th day of Novemb 2005 .
JAMIE C. MACIAS v
Notary Public - Arizona
Pima County Not Public in and for the County of Pima, State of Arizona
Expires 02/04/08 -
My commission expires:
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY TOWN COUNCIL
In accordance with AIRS 9-462 and Section 22.3.G.2 of the Oro Valley 2—
iCode Revistd, NOTICE OF PUBLIC HEARING FOR A TRANSLATIONAL—
ING OF RECENTLY ANNEXED PROPERTY BEFORE THE ORO VALLEY
TOWN COUNCIL IS HEREBY GIVEN:
TIME: at or after 7:00 p.m. on WEDNESDAY, JANUARY 4, 2006
PLACE: Oro Valley Town Hall
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING - ORDINANCE 05- . OV9-05-10. TRANSLA-
TIONAL ZONING OF 970 ACRES MORE OR LESS THAT WERE RECENTLY
ANNEXED INTO THE TOWN FROM PIMA COUNTY RH (RURAL HOME-
STEAD) ZONING TO THE ORO VALLEY EQUIVALENT OF RI-300 (SINGLE
FAMILY RESIDENTIAL) FOR PROPETIES LOCATED IN AN AREA KNOWN
AS THE LA CHOLLA AIRPARK AND IMMEDIATE ENVIRONS SPECIE
-
CAI i Y INCLUDING THE SOUTH HALF (S 1/2) OF SECTION 22, TOWNSHIP
11 SOUTH RANGE 13 EAST AND ALL OF SECTION 27 TOWNSHIP 11
SOUTH RANGE 13 EAST AND THE SOUTHEAST QUARTER (SE ) OF THE
NORTHEAST QUARTER (NE )OF THE NORTHEAST QUARTER (NE )OF
SECTION 28 TOWNSHIP 11 SOUTH RANGE 13 EAST GILA AND SALT
RIVER MERIDAN,
PIMA COUNTY. ARIZONA
Per Arizona Revised Statutes, the Town must 'translate' zoning of newly an-
nexed properties from Pima County zoning to the nearest zoning equivalent
within the Town. This action applies to the following recently annexed parcels:
219180010 219180020 219180030 219180040 219180050
21917009A 219170020 219170030 219170040 219170050
219180080 219180070 219180060 219170070 219170080
219180100 219180090 219170060 219170100 219180110
219180130 219180140 219170110 219170120 219170130
219170140 219180120 219170160 219180170 219180160
219180150 219170200 219170190 219170180 219170150
21918019A 219180193 21918019C 21923062A 219170170
219230010 219230020 219230030 219230160 219230170
219230250 219230260 219230270 219230150 219230240
219230290 219230280 219230300 219230140 219230040
219230180 219230070 219250040 219230230 219250050
219230130 219230050 219230080 219230060 219250060
219230190 219230200 21923022A 219230310 219230320
21923022B 219230120 219230090 219230100 219230210
219230690 219230680 219230660 219230650 219230370
219230360 219230350 219230340 219230330 219230640
219230700 219230380 219230670 219230710 219230390
219230400 219230610 219230420 219230720 219230600
219230410 219230730 219230430 219230590 219230780
219230520 219230530 219230440 219230770 219230740
219230500 219230540 219230750 219230560 219230510
219230450 219230570 219230580 21923081A 21923081B
219230800 219230790 219230760 219230490 219230460
219230550 219230480 219230470
Members of the public are invited to attend this meeting and will be given an op-
portunity to speak. An agenda for the meeting will be made available 24 hours
prior to the meeting time and be viewed at www.townoforovalley.com. Should
you have any questions regarding this matter, please contact Bayer Vella, Princi-
pal Planner, at (520) 229-4800 or bvellaOorovalley.net.
1,V Bayer Vella, AICP Senior Planner
PUBLISH: The Daily Territorial
November 17, 2005
hr)an4ov9-05-10 o.t
NOVEMBER 17, 2005
The Daily Territorial
of a scheduled court proceeding and
pendency, termination of your parental
this_ day of October, 2005.
NOTICE OF HEARING
can be made by calling (520) 740-2000.
rights or the, establishment of a perm-
PUBLISH: The Dally T
IN THE SUPERIOR COURT OF THE
RESPECTFULLY SUBMITTED this_
nent guardianshipbased upon. the re-
OcL 27; Nov. 3,10,
STATE OF ARIZONA
day of November,' 2005. TERRY GOD-
cord and the evidence presented to the
hrgonzalez/1&
0
IN AND FOR THE COUNTY OF PIMA
DARD THE ATTORNEY GENERAL
court. Proceedings to terminate paren-
JUVENILE COURT
Thaddeus Semon
tal rights can also occur based upon the
In the Matter of VILLALOBOS, OSCAR
Assistant Attorney General
grounds. set forth in A.R.S. § 8-533. If
HEARING NOTICE
ant to A.R.S. § 8-862(D)(1), Itf AN.
dob 01/20/04 Person(s) under 18 years
PUBLISH: The Daily Territorial
the Court determines that efforts to re-
IN THE SUPERIOR COURT(
2. The Court has set a publication hear-
of age.No, J162334 NOTICE OF INI•
Nov 17, 25; Dec 1, 8, 2005-
unify a parent or guardian with; a child
STATE OF ARIZONA
Ing the 1st day of February, 2006, at
71AL HEARING ON MOTION _; FOR
hrvillalobos/162334 o.t
.would not be reasonable, the Court is
IN AND FOR THE COUNTY C
6:45 a.m. at Pima County :Superior
TERMINATION .OF . PARENT -CHILD
not required to order reunification sere
JUVENILE COURT
Court, 2225 East Ajo Way, Tucson, Art-
RELATIONSHIP (Publication). Judge
HEARING NOTICE
ices pursuant to A.R.S. § 8.846, :
In the Matter of GUZMAN, JE+
zone 85713, phone number (520)
Wegener �
TO: Elizabeth Quinonez, Oscar Viltalo-
IN THE SUPERIOR COURT OF THE
You are hereby notified that upon re-
quest or motion of a parent guardian or.
03/09/93 No. J175182 CfTATi
TICEWag OF HEARING (PublicaUa
740.2000 for the purpose of determin
Ing arry parent named herein is
I whether
bos, and JOHN DOE (a fictitious name)„
STATE OF ARIZONA
IN AND FOR THE COUNTY OF PIMA
Indian custodian of a child who is sub
_'
Wagoner
contesting the allegations In the Motion.
parents of the above -named child.
: JUVENILE COURT'
jest of these proceedings, made prior to .
TO:. JOHN DOE
3. You have a right to appear as a party
1. The Arizona Department of Economic
Security has filed a Motion for Termina- -
In the Matter of. GONZALEZ-TORRES,
any proceeding in this matter, the Court
shall order that the proceeding Is open
(alleged father)
Address unknown
in this proceeding. You are hereby ad-
yo pe y ap-
vises_that your failure to. personally
lion of Parent -Child Relationship pursu• •
MARIANA sorb OSl12/OS No J169468,"-
SUPP'CITATION NOTICE OF HEAR -
.
to the public, unless the court finds
The Arizona Department of I
pear In court at the initial hearing,
pe n9r pre
ant to A.R.S. § 8-862(b)(1). 21 spy.
2. The Court has set a publication hear-
ING (Publication) Judge cry
good cause- for all or part of the pro-
ceedings to, remained closed. '.Before
Security has, filed a Depende
tldn in the above -entitled ceusr
trial .conference, status conference. or
termination adjudication hearing without
Ing on the 18th day of January, 2006, at;
TO: ARMANDO BALDENEGRO
LDEN
(alleged fattier)
opening a proceeding to the, public, the
the above -named child to be d
good cause shown may result tr a find
.11:30 a.m.. at Pima County. Superior
Address unknown
Court shall consider. (1) whether doing
within the meaning of A.R.S: 1
Ing that you have wares your legal
Court, 2225 East Ajo Way, Tucson, Ark
JOHN DOE'
so Is in the child s best Interest: (2)
;i g.. as amended.
rights; Including the right to Mel' to a
zone O.phone number (520)
(alleged father)
whether doing .so would endanger the
YOU ARE HEREBY NOTIFIE
Jury, and have admitted the allegations
740 200Ofor for the purpose o1 deternln
Address unknown
chills physical or emotional well-being
publication hearing on the Petit
in the motion. In addition, It you tap to
Ing whether any parent named herein is
contesting the allegations in the Motion.
The Arizona Department of Ecoromlo
"a
or the safety of any other person; (3)
the privacy rights of child the child's
for January 17, 2006 at 1:45 pi
courtroom of this Court located
pe y appe good
personally appear In court without
cause "shown, the hearings may go for-
3. You have a right to appear as a party
Security has filed Dependency Peti
tion In the above -entitled cause alleging
.the
siblings, ;parents; guardians and, cars-
East Ajo Way, Tucson, Arizona:
ward In your absence and may result lo
In this proceeding. You are hereby. ad-
visor that y� failure. to personally
the above -named child to be dependent
givers and arty other person whose pri•
rights the Court determines nave
vacyprotection,
You may appear at the hearirt
represented counsel: The, ,
the termination of your parental rights
based upon the record and the • evi-
.ail•
Pear court the Initial hearing, pre-
within the meaning of A.R.S. §8-201, g1
f+�., a5 amended.
protection: whether all parties have
se
appoint counsel upon a sflin
dence presented to the court. In order
c a
Mal conference, status COntferenCe M ,
_
YOU ARE HEREBY NOTIFIED that a
all
agreed 10 BpOW ilia proceeding i0 be
O1 ilnarld8l 8bplly'.t0 ral8ln I
to retard ic trlel ro e jury at the tannitten to-
termination adjudication hearing without
good Cause shown may result in a fbd
�f tnearing on the Petition Is set
'
The above -named Individuals) may ob• '
Counsel.
You are hereby advised that yc
Uori edjudcation hearing. a written re •
quest. signed personalty by the parent
kp that you have waived your legal
for January 4: 2006 at 8:30 a m:, in the .
doom of this Court located at 2225
taln a copy of the Dependency. Petition.
to personalty appear in . tour
and rot by counsel of record, must be
rights, including the right to Mal to a
Jury end have admitted the allegations
East Ajo Way. Tucson, Arizona.
Notice of, Dependency- Hearing. and
Temporary Order by submitting a writ-
cause shown may result
good Y
ing that you have waned y
flied prior to pp at the Initial hearing a, t
counsel Is appointed at the initial fermi-
In the motion.. In addition, il you fall to
You may appear at the hearing and be
represented by counsel. .The Court will
ten request to: HELENA S. SEYMOUR,
rights, including Your. right to
nation hearing, within twenty (20) days
appear in without good,
appoint counsel upon a showing of lack
Office of a Antorfiey General,
1, 393,
juryIn angrmination Parent
of appointment of counsel.
pe�n� ay
of finandal ability' to retain your own -
South Park e, Suite
hevef dmitte
4. In the event you personally appear.
ward in your absence and may result In
Arizona 85714. The assigned case
legations In the petfUo t. In a
and contest the allegations, pretrial '
the termination of your parental .rights
based upon the record and the evi-
You are hereby advised that Yore
manager Is Phil Beltran and may be ..
reached to
by loPb at (520)
you fall to personally appear
without. good cause shown. 1
a
conference or status conference and
dance presented to the overt . M order
without
to personally appear In court without
740 1882.
ktgs may go forward in your
termination adjudication hearing
scheduled: - .. '"tip 6e
to receive a trial to a Joy at the termina-
adjudication
Ing cause shave may result Ina tkd
Ing that you have waived your lapel
A request for reasonable aocommoda-
and may result In an ad)udicat
of
5. Requests for reasonable accanmo-,
tion, he acing. a tKe pa re
West. signed personally by the parent ..
rights, Including your tight to a trial
lion o to t etxhs with by parties must least
made to the. Court by parties at least
Your
tightsPWKr t e. establishment
tights or the establishment ol;'
dation for persons with disabilities must
be made to the wort by the parties a<
and not by oounsel .of record, must be
j� In a termination of Parental'RWft
Proceedings end have admitted the ab
three (3) waking days in advance of a '
nent guardianship based ups
least three (3) working days In advance
filed prior to,or at the Initial hearing o, il, .
- l
egations in the petition.: In rt
scheduled court proceeding end can be
cad and the evidence presets
of a scheduled court proceeding and
counsel is appointed at the Intftial.termi-
nation hearing, witnkh twenty (20) days
appear In co
fag to d � sho �
made calling 740-2900.
PATRICIA A. NOLAND, Clerk
court. Proceedings to ternina
tal rights can also occur based
can be made by calling (520) 740-2000;.
RESPECTFULLY SUBMITTED
of appoinimennt of counsel.
M�ithout goou the.
In your abs-
_Deputy Clerk
grounds set forth in A.R.S. §
of
this_ day ct .November, 2005.
4. In. the event You personalty appear
a d mayrresWidtf In artroadJurdka en
GIVEN UNDER MY HAND AND SEAL
the Court determines that effe
TERRY; Gday
THE ATTORNEY
and tartest the allegations, a pre-trial ,
unity a parent or guardian wit
GENERAL ' JTHE A. BUTLER
conference or status conference and
would not be reasonable, the
Assistant Attorney General
termination adjudication hearing wit be
NOTICE OF PUBLIC HEARING
not required. to order reuntica
PUBLISH: The Dally Territorial
scheduled.- •
BEFORE THE ORO VALLEY TOWN COUNCIL
Ices pursuant to A.R.S. § 8-846
Nov 17, 25; Doe 7, 6 2005
, 25; Doe 1.890
5 Requests for reasonable accommo-
In accordance with ARS 9-462 and Section 22.3.G2 of the Oro Valley Zoning
You are hereby notified that u
05
dafion for persons with disabilities must
Code Revised. NOTICE OF PUBLIC HEARING FOR A TRANSLATIONAL ZON.
quest or motion of a parent, gt
be made to the court by the parties at
ING OF RECENTLY ANNEXED PROPERLY BEFORE THE ORO VALLEY
Indian custodian of a.child wh
least, three (3) working days In advance
TOWN COUNCIL IS HEREBY GIVEN:
Jed of these proceedings, Mae
TIME:' at or after 7.00 pin. on WEDNESOIAY, JANUARY 4, 2006
any proceeding in this matter,
PLACE: Oro ValleyTowrtHap
shag order that the proceednnh
NOTICEOF PUBLIC HEARING .
Council Chambers. , `
to the public, unless the a
BEFORE THE ORO VALLEY TOWN COUNCIL .
11000 North La Canada Drive
good cause for. all or part of
In accordance; with ARS 9.462 and Section 22.3.G.2 of the Oro Valley Zoning
" Oro Valley, Arizona ,'
ceedktgs to remained closed,
Code`Revised, NOTICE OF PUBLIC HEARING BEFORE'.THE ORO TOWN
SUBJECT: PUBLIC HEARING-- ORDINANCE`05-
OV9-0S10.^TRANSLA-
opening a proceeding: tothe p
COUNCIL REGARDING A REQUEST TO
AMEND THE ORO VALLEY ZONING
71ONAL ZONING OF 970 ACRES, MORE
OR LESS. THAT WERE RECENTLY
Court shag consider_ (1) whet
CODE REVISED IS HEREBY GIVEN:
ANNEXED INTO THE TOWN FROM PIMA
COUNTY RH ' fRURAL HOME-
'so' is In the cNkfs bests Inb
TIME:, at or after 7:00 p.m. January 4, 2006
STEAD) ZONING TO THE ORO VALLEY
EQUIVALENT OF RI-300 (SINGLE
whether doing so would endh
PLACE:' Oro Valley Town Hall, 11,000
N. La Canada Drive, Oro Valley;' An-
FAMILY RESIDENTIAL) FOR" PROPETIES
LOCATED IN -AN AREA KNOM
childs'physical or emotional h
zone
AS THE LA CHOLLA AIRPARK AND
IMMEDIATE ENVIRONS. SPECIE•'
or ' -the safety of any other pc
SUBJECT: PUBLIC HEARING - ORDINANCE
05- . OV7-O5-10. AMENDING
CALLY INCLUDING THE SOUTH HALF
.
(S 1/2) OF SECTION 22 TOWNSHIP
' the privacy nights of the child, t
THE ORO VALLEY ZONING CODE
REVISED SECTION 23.4 .
14. SOUTH, RANGE 13 EAST AND ALL
OF SECTION ` 2Z. TOWNSHIP 11
siblings, ; parents; guardians t
AND 23.7. TO REVISE BUILDING
HEIGHTS STANDARDS
SOUTH. RANGE 13 EAST. AND THE SOUTHEAST
QUARTER (SE ) OF THE
givers and any other person v
` < WITHIN AN R-4R RESORT ZONING
DISTRICT ".
'NORTHEAST QUARTER (NE 1 OF - THE
NORTHEAST QUARTER' (jN1°,' 1--OE
vacy rights the Court determl
DESCRIPTION; The amendment. would propose, revisions to height restrictions'
SECTION - 28. TOWNSHIP 11 SOUTH.
RANGE 13 EAST, GILA AND SALT
protection: (4) whether all par
for uses within the Resort Zoning District (R-4R).
RIVER MERIDAN-PIMA COUNTY. ARIZONA
-
agreed to allow. the proceed
A complete draft copy of the proposed Code changes is available'at the Town
Per Arizona Revised Statutes, the Town
must 'translate' zoning of newly an- •
Open. `
Hall, Planning and Zoning Department.
hexed properties from Pima County zoning
to the nearest zoning equivalent
The above -named Individuals;
Members of the public areinvited to attend this meeting and will be gran an op
within the Town.. This action applies to One following recently annexed parcels:
taro a copy of the Dependent
portunty: to speak For additional Information, contact Andreas Molin, Planner.
219180010 219180020 : 219180030
-' 219180040 ' 219180050
Notice. of Dependency Heal
at229-4814(amolinaorovallev.netlt_
21917009A 219170020 - 219170030
, 219170040 219170050
Temporary.Order by.submittk
/j/ Bayer Vella, AICP Senior Planner .. ,
219180080 219180070 219180060
219170070 219170080 •
ten request to: CAREY S. TUF
'
PUBLISH: The Dally Territorial.
219180100 • , 219180090 '- 219170060
219170100° 219180110
fide of the Attorney Genet
November 17, 2005
219180130, ' 219180140 219170110,
f219170120 219170130 • .-
South Park.Avenue, Suite 18C
hrjan4oV7-05-10 9.t
219170140 219180120 ` 219170160,
' 219180170 ' " 219180160" .'
Arizona B5714. The assfgr
219180150, 219170200 219170190
219170180 219170150'
manager -is Karla Montijo ant
NOTICE OF PUBLIC HEARING
21918019A 21918019E 21918019C;
' 21923D62A 219170170
reached , by telephone n
BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION •',
219230010 219230020 219230030
. 219230160 219230170
740-1882.
In accordance with -ARS 9-462 and Section 22.3.G of the Oro Valley.Zoning
219230250 .-219230260 219230270
219230150 ' 219230240'
A request for reasonable as
Code Revised, NOTICE OF PUBLIC HEARING FOR CONDITONAL USE PER-, ..
-219230290 ' 219230280 " . 219230300
: ` 219=140 219230040
tion for persons with disabilities
BEFOREMIT FOR A FUNERAL'CHAPEL THE ORO VALLEYPLANNING AND -
219230180: 219230070 ;219250040
'°219230230 219250050
made,to the Court by patter
ZONING OMMISSION IS HEREBY GIVEN:,
219230130, 219230050 219230080
219230060 219250060 i '
three (3) working days In adv.
' TIME: . at or after 6:00 P.M. on TUESDAY, DECEMBER 6. 2005
2192301 so - ' 219230200 21923022A
219230310 - 21923113zo
scheduled court proceeding at
PLACE: Oro Valley Town Hal,
219230228 . 219230120 219230090
219230100 ' 219230210
made by calling 740.2900.
Council Chambers ,. ,
219230690 219230680 219230660
210230650 219230370
PATRICIA A. NOLAND, Clerk
11000 Nate la Canada Drive
219230360 219230350 219230340
:219230330 219230640'
Deputy
D Clerk .
Oro Valley, Arizona
219230700 219230380, ' 219230670
` 219=710 219230390
GIVEN UNDER MY HAND A
SUBJECT: PUBLIC HEARING. OVB 05-03.
ADVANTECH. REPRESENTING
219230400 219230610 •-- - 219230420'
`219230720 ' 219230600
tNs-day of Nor, 2DO5•
BEVERLY HARPOLD REVOCABLE
TRUST. REQUESTS.
219230410 219230730 , .219230430
'.219230590 218230780 . `
PUBLISH. The Daily'
APPROVAL OF A CONDTIONAL
USE PERMIT FORA :, `•
219230520 ` 219230530 - 219230440,
219230770 ` 219230740 '
OcL 27;.Nov. 310
FUNERAL CHAPEL THE SITE IS
LOCATED ON RANCHO
219230500 .' 219230540 219230750
' 219230560 219230510
hrguzmanfl,
VISTOSOBLVD, - IN CLOSE PROXIMITY
TO ORACLE ROAD:
219230450. 219230570 ::2192305W
"21923081A 21923081B
PARCEL i 223-20-017L :
219230800 219230790 . `; 219230760
2192W490 `219230460
TO Subscribe
The applicant proposes a 16,000 square foot building site on 2,5 acres.'
219230550 219230480 219230470
Members of the public are Invited to attend this meeting and will be given an op-
'Members of the public are Invited to attend this meeting and will be 11� an op-
to the
porhmity to speak • An agenda; for the meeting will be made available 24 hours
portunity to speak ' An agenda for the meeting will be made available 24 hours
.
prior to the meeting time and be viewed at www.townoforovalley.com.'. Should
prior to the meeting time and be viewed*
at www.townoforovallo.com, Should
Daily Teirritc
you have any questions regarding this matter, please contact Pamela J. Hot, OV
you have anyquestionsregarding this matter, please contact Bayer Vella, Prktd-
Planner, at (520) 229-4800 or phot®orovalley.net.
�J Bayer Vella, AICP Senior Planner
pal Planner; et (520) 229.4800 or trveltaOorovallev.neL
Vella, Senior Planner
Cail 294-1 2C
PUBLISH: The Daily Territorial
/A/ Bayer AICP
PUBLISH: The Dally Territorial '
November.17,2005
November
'
TOdayi
hrdec8ovM5-03 o f
hrJen4ov9-W10' o.t
-
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY TOWN COUNCIL
In accordance with ARS 9-462 and Section 22.3.G.2 of the Oro Valley Zoning Code Revised, NOTICE
OF PUBLIC HEARING FOR A TRANSLATIONAL ZONING OF RECENTLY ANNEXED
PROPERTY BEFORE THE ORO VALLEY TOWN COUNCIL 1S HEREBY GIVEN:
TIME: at or after 7:00 p.m. on WEDNESDAY, JANUARY 49 2006
PLACE:
SUBJECT:
Oro Valley Town Hall
Council Chambers
11000 North La Canada Drive
Oro Valley. Arizona
Per Arizona Revised Statutes, the Town must 'Vmslate" zoning of newly annexed properties from Pima
County zoning to the nearest zoning equivalent within the Town. This action applies to the following
recently annexed parcels:
219180010 2191SO020 219180030 219180040 219190050 21917009A 219170020
219170030 219170040 219170050 219180080 219180070 219180060 219170070
2191700SO 219180100 219180090 219170060 219170100 219180110 219180130
219180140 219170110 219170120 219170130 219170140 2191SO120 219170160
219180170 219180160 2191SO150 219170200 219170190 219170180 219170150
21918019A 21918019E 21918019C 21923062A 219170170 219230010 219230020
219230030 219230160 219230170 219230250 219230260 219230270 219230150
219230240 219230290 219230280 219230300 219230140 219230040 219230180
219230070 219250040 219230230 219250050 219230130 219230050 219230080
219230060 219250060 219230190 219230200 21923022A 219230310 219230320
21923022B 219230120 219230090 219230100 219230210 219230690 219230680
219230660 219230650 219230370 219230360 219230350 219230340 219230330
219230640 219230700 219230390 219230670 219230710 219230390 219230400
219230610 219230420 219230720 219230600 219230410 219230730 219230430
219230590 219230780 219230520 219230530 219230440 219230770 219230740
219230500 219230540 219230750 219230560 219230510 219230450 219230570
219230580 21923031A 21923081E 219230800 219230790 2192-10760 219230490
219230460 219230550 219230480 219230470
Members of the public are invited to attend this meeting and will be given an opportunity to speak. An
agenda for the meeting will be made available 24 hours prior to the meeting time and be viewed at
H�tiw.townofomvallev.conT. Should you have any questions regarding this matter, please contact Bayer
Vella, Principal Planner, at (520) 229-4800 or bvellarorovalley.net.
L
z
Buyer Vella, MCI,
Senior i'lmmer Posted: 11-14-05
Time: 4:00 pan.
By: S.
F; O\'1Ot'7CM.MV9-05.1USC.Pt1BLIC NOnCEdoe
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY TOWN COUNCIL
In accordance with ARS 9-462 and Section 22.3.G.2 of the Oro Valley Zoning Code Revised, NOTICE
OF PUBLIC HEARING FOR A TRANSLATIONAL ZONING OF RECENTLY ANNEXED
PROPERTY BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN:
TIME: at or after 7:00 p.m. on WEDNESDAY, JANUARY 4, 2006
PLACE: Oro Valley Town Hall
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING — ORDINANCE 05- , OV9-05-10, TRANSLATIONAL
ZONING OF 970 ACRES, MORE OR LESS, THAT WERE RECENTLY
ANNEXED INTO THE TOWN FROM PIMA COUNTY RH (RURAL
HOMESTEAD) ZONING TO THE ORO VALLEY EQUIVALENT OF R1-300
(SINGLE FAMILY RESIDENTIAL) FOR PROPETIES LOCATED IN AN AREA
KNOWN AS THE LA CHOLLA AIRPARK AND IMMEDIATE ENVIRONS,
SPECIFCALLY INCLUDING THE SOUTH HALF (S 1/2) OF SECTION 22,
TOWNSHIP 11 SOUTH, RANGE 13 EAST AND ALL OF SECTION 27,
TOWNSHIP 11 SOUTH, RANGE 13 EAST, AND THE SOUTHEAST QUARTER
(SE '/) OF THE NORTHEAST QUARTER (NE '/4) OF THE NORTHEAST
QUARTER (NE '/4) OF SECTION 28, TOWNSHIP 11 SOUTH, RANGE 13 EAST,
GILA AND SALT RIVER MERIDAN, PIMA COUNTY, ARIZONA
Per Arizona Revised Statutes, the Town must "translate" zoning of newly annexed properties from Pima
County zoning to the nearest zoning equivalent within the Town. This action applies to the following
recently annexed parcels:
219180010 219180020 219180030 219180040 219180050 21917009A 219170020
219170030 219170040 219170050 219180080 219180070 219180060 219170070
219170080 219180100 219180090 219170060 219170100 219180110 219180130
219180140 219170110 219170120 219170130 219170140 219180120 219170160
219180170 219180160 219180150 219170200 219170190 219170180 219170150
21918019A 21918019B 21918019C 21923062A 219170170 219230010 219230020
219230030 219230160 219230170 219230250 219230260 219230270 219230150
219230240 219230290 219230280 219230300 219230140 219230040 219230180
219230070 219250040 219230230 219250050 219230130 219230050 219230080
219230060 219250060 219230190 219230200 21923022A 219230310 219230320
21923022B 219230120 219230090 219230100 219230210 219230690 219230680
219230660 219230650 219230370 219230360 219230350 219230340 219230330
219230640 219230700 219230380 219230670 219230710 219230390 219230400
219230610 219230420 219230720 219230600 219230410 219230730 219230430
219230590 219230780 219230520 219230530 219230440 219230770 219230740
219230500 219230540 219230750 219230560 219230510 219230450 219230570
219230580 21923081A 21923081B 219230800 219230790 219230760 219230490
219230460 219230550 219230480 219230470
Members of the public are invited to attend this meeting and will be given an opportunity to speak. An
agenda for the meeting will be made available 24 hours prior to the meeting time and be viewed at
www.townoforovalley.coni. Should you have any questions regarding this matter, please contact Bayer
Vella, Principal Planner, at (520) 229-4800 or bvellagorovalley net.
1!ayer Vella, AICP
Senior Planner
Posted: 11-14-05
Time: 4:00 p.m.
By: sg
F:\OV\OV9\2005\OV9-05-10\TC.PUBLIC NOTICE.doc
NOTICE OF PUBLIC HEARING I I
BEFORE THE ORO VALLEY TOWN COUNCIL
In accordance with ARS 9-462 and Section 22.3.G.2 of the Oro Valley Zoning Code Revised, NOTICE
OF PUBLIC HEARING FOR A TRANSLATIONAL ZONING OF RECENTLY ANNEXED
PROPERTY BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN:
TIME: at or after 7:00 p.m. on WEDNESDAY, JANUARY 4, 2006
PLACE: Oro Valley Town Hall
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING - ORDINANCE OS- 430V9-05-10 TRANSLATIONAL
ZONING OF 970 ACRES MORE OR LESS THAT WERE RECENTLY
ANNEXED INTO THE TOWN FROM PIMA COUNTY RH (RURAL
HOMESTEAD) ZONING TO THE ORO VALLEY EQUIVALENT OF R1 300
(SINGLE FAMILY RESIDENTIAL) FOR PROPETIES LOCATED IN AN ARFA
KNOWN AS THE LA CHOLLA AIXZPARK AND IMMEDIATE ENVIRONS
SPECIFCALLY INCLUDING THE SOUTH HALF (S 1/2) OF SECTION 22
TOWNSHIP .11 SOUTH RANGE 13 EAST AND ALL DF SECTION 27
TOWNSHIP 1.1 SOUTH RANGE 13 EAST AND THE SOUTHEAST QUARTER.
SSE 1/) OF THE NORTHEAST OUARTER (NE 1/) OF THE NORTHEAST
QUARTER (NE 1/4) OF SECTION 28 TOWNSHIP 11 SOUTH RANGE 13 EAST
GILA AND SALT RIVER MERIDAN PIMA COUNTY ARIZONA
Per Arizona Revised Statutes,
County zoning to the nearest
recently annexed parcels:
219180010
219170030
219170080
219180140
219180170
21918019A
219230030
219230240
219230070
219230060
21923022B
219230660
21.9230640
219230610
219230590
219230500
219230580
219230460
219180020
219170040
219180100
219170110
219180160
2191801913
219230160
219230290
219250040
219250060
219230120
219230650
219230700
219230420
219230780
219230540
21923081A
219230550
the To
zoning
wn must "translate" zoning o
equivalent within the Town.
219180030
219170050
219180090
219170120
219180150
21918019C
219230170
219230280
219230230
219230190
219230090
219230370
219230380
219230720
219230520
2192 30750
21923081B
219230480
21.9180040
219180080
219170060
219170130
219170200
21923062A
219230250
219230300
219250050
219230200
219230100
219230360
219230670
219230600
219230530
219230560
219230800
219230470
f newly annexed properties from Pinta
This action applies to the following
219180050
219180070
219170100
219170140
219170190
219170170
219230260
219230140
21923013022 219230A
219230210
219230350
219230710
219230410
219230440
219230510
219230790
21917009A
219180060
219180110
219180120
219170180
219230010
219230270
219230040
219230050
219230310
219230690
219230340
219230390
219230730
219230770
219230450
219230760
219170020
219170070
219180130
219170160
219170150
219230020
219230150
219230180
219230080
219230320
219230680
219230330
219230400
219230430
219230740
219230570
219230490
Members of the public are invited to attend this meeting and will be given an opportunity to speak. An
agenda for the ineeting will be made available 24 hours prior to the meeting time and be viewed at
www .to���noforovallcv_coni. Should you have any questions regarding this matter, please contact Bayer
Vella, Principal Plarmer, at (520) 229-4800 or bvella c-Ooroval.ley.net.
PRINCIPAL PLANNER
OCTOBER 13, 2005
The Daily Territorial
PAGE 17
a
personally liable to the FOUNDATION
The private property of the Stockhold-
the Board hereby amend, restate, and
members for monetary damages, and
ARTICLE IX: MEMBERS A. This Non- .
p gf
for any action taken or failure to take
ers, Directors, Officers, employees
replace the existing Articles of Incorpo-
the Corporation shall indemnify each of-
profit Corporation shall have members,
I
(
any action as a Director,' and (ii) each
and/or agents of the Corporation shall
rations of this Nonprofit Corporation by
ficer, Director, Deacon, Pastor or Board
both voting members and non -voting
E
Director shall be indemnified for any li-
be' forever exempt from all corporate
adopting, publishing, and declaring that
or Committee member, to the maximum
members. 'B. The Board of Deacons
ability to any person for any - action
debts of any kind whatsoever..
the following Articles of Amendment
extent permitted by law, for any act
shall solely determine which members
F
taken or any failure to take any action
' ARTICLE VII INDEMNIFICATION OF
and Restatement hereinafter govern
taken within the scope of their authority,
of the Church are qualified to vote, as
+�
which is exempt from federal income
as a Director. The power of indemnifi-
OFFICERS AND. DIRECTORS: The
this Nonprofit' Corporation, until and un-
or any act they failed to take, as an offi-
more specifically stated in the Bylaws.
taxation under § 501(a) of the Code, as
cation under Arizona Revised Statutes
Corporation shall indemnity every Dirac-
lets duly amended as provided herein
car, Director, Deacon, Pastor, or Board -
C. The Board of Deacons shall regularly
an organization described in § 501(c)(3)
shall not be denied or limited by the
for and Officer, or his or her heirs, ex-
and bylaw: .
or Committee member acting on behalf
communicate to the Secretary of Board
of the Code. As such, these Articles of
By -Laws of the FOUNDATION.
ecutors and administrators against ex-
ARTICLE I: NAME The corporate name
of the Corporation, provided such limits-
of Directors of the Corporation which
Incorporation shall be construed so-
ARTICLE XIII AMENDMENT TO ARTI-
penses reasonably incurred by him or
of the Church is, and continues to be,
lion of liability and indemnification is
members. are qualified to vote on
cordingly, and all powers and activities
CLES These Articles of Incorporation
her in connection with any action, suit or
Friendship Missionary. Baptist Church,
permitted by law and further provided
,
Church and corporate matters, and the
of the FOUNDATION shall be limited
may be amended, altered or repealed
proceeding to which he or she may be a
Inc.
that such person's conduct was in good
Secretary shall keep a current roll of
accordingly. No substantial part of the
by the affirmative vote of a majority of .
party by reason of his -or her being, or
ARTICLE II: PURPOSE The Corpora-
faith, and the person reasonably be-
such voting members of the Church
activities of the FOUNDATION shall be
the Directors of the FOUNDATION enti-
having been, a Director or Officer of the
tion is. a nonprofit corporation formed
lieved it was in the best interests of the
ARTICLE X• AUTHORIZATION OF
the carrying on of propaganda, or other-
tied to vote at any duly constituted and
Corporation except in relation to matters
exclusively for religious and charitable
Corporation, and had no reasonable
BOARD OF DIRECTORS The Corpora- .
wise attempting to influence legislation,
convened regular or special meeting of
as to which he or she shall be finally ad-
purposes within the meaning of Section
cause to believe the conduct was un-
tion may borrow funds in amounts and
and the FOUNDATION shall not partici-
the Board of Directors.
judged in such action, suit or proceed-
.501(C)(3) of the Internal Revenue
lawful or otherwise prohibited.
on terms the Board of Directors deems
pate in, or intervene in (including the
IN WITNESS WHEREOF, We, the said
ing to be liable for negligence or mis--
Code, as now enacted or hereafter-
ARTICLE Vlll: MANAGEMENT OF THE
reasonable, prudent, and in the best in -
publishing or distribution of statements),
Incorporators, have hereunto set our
conduct. In the event of a settlement,
amended, including, for such purposes,
_ NONPROFIT CORPORATION, RE-
terests of the Corporation, and the Cor-
any political campaign on behalf of any
hands this 22nd day of September,
indemnification shall be provided only in
the making of distributions to organiza-
STRICTIONS AND LIMITATIONS OF
poration acting through the Board of Di -
candidate for public office. Notwith-
2005. /s/ YUAN-WEI CHAO (also
connection with such- matters covered-
tions that qualify as exempt organize-
- AUTHORITY, AND ADOPTION OF BY-
rectors may also take any and all other
standing any other provision of these
known as David. Chao) /s( JIANLIH
by the settlement as to which Corpora-
- lions under said Section 501(C)(3). All
LAWS A. The secular management of
acts and do_ all other things nonprofit
Articles, the FOUNDATION shall not
CHANG (also known as Jeannie Chao)
tion is advised by counsel that the per-
funds and property of the Corporation,
the Corporation, including all business,
corporations are authorized to do, in -
carry on any other activities not permit-
CONSENT OF STATUTORY AGENT
son to be indemnified did not commit
whether income or principal, and
financial, and legal affairs of the Corpo-
cluding, but not limited to, entering into
led to be carried on: (r) by a corporation
I, JILL D. WILEY, having been desig-
such a breach of duty. This right of in-
whether acquired by gift or contribution
ration, shall be solely vested in a Board
contracts, acquiring property, incurring
exempt from federal income tax under §
nated to act as Statutory Agent, hereby
demnification shall not be exclusive of
or otherwise, shall be devoted to said
of Directors, with the Pastor serving as
other obligations, settling and asserting
501(c)(3) the Code, or, (it) by a corpora-
consent to act in that capacity until re-
other rights to which he or she may be
purposes, and no funds or property
both an Officer the Corporation and a
claims, and so forth, all to the maximum
lion, contributions to which are deduct!-
_ moved, or resignation is submitted in
entitled. As used in this article, ex-
shall inure to the benefit of, or be dis-
member of the Board of Directors, but
extent allowed by law and these
ble under § 170(c)(2) the Code. .
accordance with Arizona Revised Stat-
penses shall include amounts of judge-
tributable to, its members, officers, or
spiritual matters and religious practices
_
Amended and Restated Articles of In -
ARTICLE VI MEMBERS The FOUN-
utes. DATED this 22nd day of Septem-
ments, penalties or fines rendered or
other private persons, except that the
of the Church are solely reserved to and -
corporation, provided that such acts and
DATION shall have no members.
bar, 2005 /a/ JILL D. WILEY "EXP' AZ
levied against such officer or director
Corporation is authorized and empow-
vested in a Board of Deacons of the
matters are not specifically prohibited in
ARTICLE VII BOARD OF DIREC-
CORPORATION COMMISSION FILED
and the amounts paid in settlement by
ered to pay reasonable compensation
Church and the Pastor. Individuals may
the Articles of Incorporation or reserved
TORS The Board of Directors (hereof-
SEP 26 2005 FILE NO.-1231009-3
him or her in such settlement shall have
for services rendered, to make pay-
concurrently serve on both Boards as
to the Board of Deacons or reserved to
ter referred to collectively as the "Board
PUBLISH: The Daily Territory
been approved by the Board of Dirac-
ments for reimbursement of actual ex-
both a Director and a Deacon, and may -
the members of the Church. Acts and
of Directors" and individually as "Dirac-
October 12,13,14, 2005 '
tors of the Corporation.
penditures incurred on behalf of the
also concurrently serve as an officer of
decisions by the-, Board of Directors
tot") shall have ultimate authority over
aithecathay o.t
ARTICLE VIII CAPLTAL STOCK: The
Corporation, and to make payments
the Corporation. B. The Board of Dirac-
shall be approved by simple majority
the conduct and management of the
Corporation shall have the authority to
and distributions in furtherance of the,
tors shall consist of between three and
vote of the Board of Directors.
business, property and affairs of the
issue 1,000,000 Shares of Common
purposes set forth in these Articles. No
seven members, with Directors holding
ARTICLE XI: MEETINGS A. There
FOUNDATION. There shall be no less
ARTICLES OF INCORPORATION
Stock, each share to have No Par
substantial part of the activities of the
office for one year, and voted upon an-
shall be a Regular Annual of
than two (2) Directors of the FOUNDA-
OF Fidel Residential Appraisals, Inc.
Value. The shares may be issued for
corporation shall be carrying on of
nually on the first Saturday following the
.Meeting _
the Church members on the first Satur-
`
TION. The method of electing each Di-
(Art Arizona Business Corporation)
the, consideration expressed in dollars
propaganda, or otherwise attempt to in-
first Sunday of January of each year.
day following the first Sunday in Janu-,
rector shall be set forth in the By -Laws
of the FOUNDATION. The
ARTICLE 1 NAME: The name of the
as may be fixed from time to time by the
fluence legislation, and the corporation
Directors shall be elected and/or re-
ary of each year, at which Regular An -
names and
addresses of the persons who are to
Corporation is Fidel Residential Ap-
Board of Directors, and may be desig-
shall not participate in, or intervene in,
moved by a simple majority vote of
nual Meeting the Church members enti- _
praisals, Inc.
noted as voting or non -voting at the
any political campaign on behalf of or in -
vote -eligible members present. The
tled to vote shall elect the Directors of
serve as Directors until the first annual
ARTICLE 11 PURPOSE: The purpose
time of issuance.
opposition to any candidate for public
Board of Directors shall select the offi
the Board of Directors. Other special
election of the Board of Directors, to be
for which this Corporation is organized .
ARTICLE IX STATUTORY AGENT:
office. Notwithstanding any other pro•
cars of the Corporation in the manner
meetings of the members and general
held at a time and place as provided by
is the transaction of any and all lawful
The name and post office of the initial
vision of these articles, the corporation
specified in the Bylaws but, at a mini--
business meetings of the Church mem-
the By -Laws,. or until their successors
business for which corporations may be
Statutory Agent for the Corporation is:
shall not carry on any other activities
mum, the. officers of the Corporation
bers may be called and held as appro-
are elected and,qua]ified are:
incorporated under the laws of the State
Peter Fidel 1281 E. Paseo Pavon Tuo-
not permitted to be carried on by a cor-
shall consist of a President, a
priate, and as stated herein and in the
NameAddress:
Yuan -Wei Chao 4107 North Aveni-
of Arizona, as they may be amended
son, AZ 85718 AZ CORPORATION
poration exempt from federal income
Vice -President, Secretary, and Tress-
Bylaws, and in accordance with law. B.
from time to time.
COMMISSION FILED SEP 28 2005
tax under said Section 501(C)(3). Upon
urer. The duties of the officers, their
The Board of Deacons, and any of the
(also known as do de Montezuma
ARTICLE III INITIAL BUSINESS: The
FILE NO.-1231483-3
dissolution of the corporation, assets
length of office, and their authority to act
Deacons, may meet at any time without
David Chao) Tucson, AZ 85749
Jianlih Chang 4107 North Aveni-
Corporation initially intends to engage in
PUBLISH: The Daily Territorial
shall be distributed for one or more ex-
on behalf of the Corporation are deter-
formal notice and need not keep re-
(also known as do de Montezuma
the business of residential appraisals
October 11,12,13, 2005
empt purposes within the meaning of,
mined by the Board of Directors and
cords, and the Deacons may meet and
Jeannie Chao) Tucson, AZ 85749
with Us principal office situation at 1281
affidel o.t
section 501(C)(3) of the Internal Reve-
may also be restricted or expanded as
discuss all matters informally, so that
ARTICLE VIII STATUTORY AGENT
E. Paseo Pavon, Tucson, Arizona
nue Code, or the corresponding section
set forth in the Bylaws. C. The Board of _
the Church may practice its faith without
The name and address of the initial
85718
ARTICLE IV BOARD OF DIRECTORS
of any future federal tax code, or shall
be distributed to the federal govern-
Deacons shall consist of Ordained Dea-
cons elected to the Board of Deacons
undue interference. The Board of Dea-
cons shall, however, regularly inform
ARTICLES OF AMENDMENT AND
statutory agent for the FOUNDATION
is: fie: Address:
AND INCORPORATORS: The initial
RESTATEMENT OF FRIENDSHIP
ment, or to a state or local government,
- by the Church members by a simple
the Secretary of the .Church of the
Jill D. Wiley 5210 East Williams Circle
Board of Directors shall consist of the
MISSIONARY BAPTIST CHURCH, INC
for a public purpose. Any such assets
majority vote, shall be unlimited in num-
members eligible to vote so that a cur -
Suite 800
Directors who are the incorporators.
AN ARIZONA NONPROFIT .
not so disposed of shall be disposed of
bar, and each Deacon shall continue to
rent vote -eligible membership roll may
Tucson, AZ 85749
The name and post office address of
CORPORATION
by a court of competent jurisdiction ex-
serve on the Board of Deacons in per-
be currently maintained. C. The meet -
ARTICLE IX INCORPORATORS The
the incorporators and the persons who
1. The name ofthe corporation is
clusively for such purposes as, said
petuity unless affirmatively removed
ings of the Board of Directors of the
names and addresses of the Incorpora-
are to serve as directors until the first
Friendship Missionary Baptist Church,
court shall determine, which are organ-
from the Board of Deacons by the mem-
Corporation shall comply with existing
tors are: Name: Address
annual meeting, of the stockholders, or
Inc.
ized and operated exclusively for such
bars with a simple majority vote or un-
'
law, statutes, and the Bylaws, and due
Yuan -Wei Chao 4107 North Aveni-
until their successors are elected and
2. Attached hereto as Exhibit A is a
purposes.-
less the Deacon resigns from the Board
records shall be maintained of the
• .
(also known as do de Montazuma
qualified are: Peter Fidel 1281 E. Paseo
copy of the articles of incorporation of
ARTICLE III: LOCATION The street ad- -
or ceases to be a member of the
meetings and acts by the Board of Di -
David Chao) Tucson, AZ 85749
Pavon Tucson, AZ 85718 and Joan Fi-
the corporation fully restated to include
dress of the known and principal place
Church. Elections of new Deacons to
rectors. D. The Bylaws may supple -
Jlanllh Chang 1 4107 North Avenk
del 1281 E. Paseo Pavon Tucson; AZ
all amendments to the articles of incor-
of business of the Corporation, and of
the Board of beacons may occur at any
ment this Article on Meetings. E. The
(also known as da de Montezuma
85718,
poration through the date of filing of this
Church matters and religious services,
regularly called Church meeting. Dea- ,
Secretary shall maintain records•d no -
Jeannie Chao) Tucson, AZ 85749
ARTICLE V. . NUMBER OF DIREC-
document,
is, and continues to be, 850 N. I Ith
cons are servants of the Church and
`
tics of and the matters occurring in all
All powers, duties and responsibilities of
TORS: The number of directors to serve
3. The corporation does have members
Ave., Tucson, AZ 85705.
shall be zealous guardians of the unity ,
meetings of both Church Members and
the incorporators shall cease at the time
on the Board of Directors shall be fixed
requiring their approval of these amend-
ARTICLE IV: DIRECTORS The current
of Spirit within the Church and, as such,
of the Board of Directors, and the Sec -
of delivery of these Articles of Incorpo-
by the Bylaws, but in no case shall the
ments and restatement and such ap-
Directors and Trustees continue to
the Board of Deacons shall serve as the
rotary shall attend to due notice of all
ration to the Arizona Corporation Com-
number be less than one or more than
prove] was duly obtained by the mem- .
serve on the Board of Directors until
General Pulpit Committee, shall nomi-
meetings
ten. The Directors need not be Stock-
bars on the 20th day of August, 2005,
successors are duly elected and quali-
note a Pastor to the members in the
ARTICLE Xlk AMENDMENT OF ARTI-
- mission.
ARTICLE X DISSOLUTION Upon the
holders of the Corporation unless so re-
with the Board of the corporation also
fied under these Amended' and Re-
event of a vacancy, shall consult with
CLES OF INCORPORATION A. These
dissolution of the FOUNDATION, the
quired by the Bylaws. The Board of Di-
having previously duly approved the
stated Articles of Incorporation. The
the Pastor on the general welfare of the .
Articles may be amended by a simple
Board of Directors shall, after paying or
rectors shall be elected by the Stock-
amendments to the articles on July 9,
name and address of the Director des-
Church, have decisional oversight of the
majority vote of the Board of Directors,
making provision for the payment of all
holders at their annual meeting to be
2005, and again duly approving the
ignated by the Board, and authorized to
discipline of the Church, have deci-
provided that the Board of Deacons
of the liabilities of the FOUNDATION,
held on the first business day of each
amendments and restatement on the
amend and restate the articles of incor-
sional oversight of the Pastor, and shall
also approves an amendment of the Ar-
dispose of all its assets for one or more
year, or such other day as the Bylaws
20th day of August, 2005. DATED this
poration on behalf of the Board and
determine the admission, qualification,
titles by a simple majority vote, and fur -
exempt purposes within the meaning of
may provide, and shall hold office until
2Z day of August, 2005. FRIENDSHIP
Corporation, is David W. Robins, . clo
and withdrawals of members, all as set _ _
ther provided that the Pastor also ap- .
§ 501(c)(3) of the Code', or to such or-
their successors are, respectively
MISSIONARY BAPTIST CHURCH,
Friendship Missionary Baptist Church,
forth in the Bylaws.. Any act, or failure
proves, except that the Board of Dirac-
' ganizations organized and operated ex-
elected and qualified. The Bylaws shall
INC. By /;a/ David W. Robins,
Inc.,. 850 N. 11th Ave., Tucson, AZ
to act, by the Board of Deacons and the
tors is not authorized to amend any ard-
clusivelyfor charitable, educational, re-
specifythe number of directors neces-
' sary to constitute a quorum. The Board
Vice -President and Director And /;J -
Mary F- Stoute, Secretary
85705.
ARTICLE V: STATUTORY AGENT
Church is not reviewable by any court to
the maximum extent allowable by law
cles that adverse)- ex-
y impact the tax
-empt status of the Church, to change
ligious or scientific purpose as shall at
the time qualify as an exempt organize-
of Directors may, by -resolution or reso-
EXHIBIT A
The Statutory Agent of the Corporation
and the First Amendment, nor shall any
how the Pastor is selected, or to reduce
tion or organizations under § 501(c)(3)
lutions passed by a majority of . the
'ARTICLES OF AMENDMENT AND
is, and shall continue to be unless and
act, or failure to act, by the Board of
the authority of the Board of Deacons.
and §§509(a)(1), (2) or (3)' of the Code
]whole board, designate one or more
RESTATEMENT OF THE ARTICLES
until duly removed and replaced, that
Deacons or the Church be subject to (i-
If the Board of Directors, the Board of
as the Board of Directors shall deter-
committees which to the extent pro-
OF INCORPORATION OF FRIEND-
agent so designated on the records of
ability or a claim for damages in any
Deacons, and the Pastor do not all con -
mine. Any such assets not disposed of
vided in said resolution or resolutions or
SHIP MISSIONARY BAPTIST '
the Arizona Corporation Commission,
court. D. In the event of a vacancy of
currently agree that the Articles should
shall be disposed of by the Arizona Su-
in the Bylaws shall have and may exer-
CHURCH, INC. AN ARIZONA NOW
currently Rubin Salter, Jr., Esq.; 177 N.
Pastor, the Pastor of the Church shall
be amended, than only the members
perior Court of the county in which the
cise all powers of the Board of Directors
PROFIT CORPORATION
Church, Ste. 703, Tucson, AZ 85701.
be selected by the vote -eligible mem-
shall be authorized to vote on amending
principal office of the FOUNDATION is
on the management of the activities and
We, the - Members of this Church,
ARTICLE VI: DURATION The duration
bars of the Church, after first being
the Articles of Incorporation. B. Not -
then located, exclusively for such pur-
affairs of the Corporation and may have
Friendship Missionary Baptist Church,
of the existence of the Corporation shall ,
nominated by the Board of Deacons, as
withstanding .any other provision in
pose or to such organization or organi-
power to authorize the seal of the Cor-
poration to be fixed to all paper which
Inc., an Arizona Nonprofit Corporation,
after due notice, meeting, and approval
be perpetual.
ARTICLE VII: LIMITATION OF PER-
set forth in the corporate Bylaws and.
these Articles. Once selected, the Pas-
these Articles, the vote -eligible mem-
bars of the Church shall also be entitled
zations,as the Court shall determine,
which are organized and operated ex-
may require it; and such committee or
by a two-thirds majority vote of the
SONAL LIABILITY AND INDEMNIFICA-
for shall automatically serve as an offi-
to vote on a dissolution of the Church,
—lusively for such purpose.
committees shall have, such name or
Members, as witnessed by the Secre-
TION A. No member, officer, Director
car of the Corporation as President and
and, in the event of a dissolution, to
RTICLE XI PLACE OF BUSINESS
names as may be stated on the Bylaws
tary and as further witnessed by the
of the' Corporation, Deacon,' Pastor; or
the Pastor shall also automatically and
which tax-exempt organization Church
he principal place of business of the
of the Corporation or as may be deter-
mined from time to time by resolution
board of Directors of the Corporation
(previously known as the Board of Trus-
other Board of Committee member shall
be personally liable for the debts, obli-
concurrently serve as a Director of the
Board of Directors. If the Pastor resigns
property is Co be distributed, inactor-
dance with Article 11 above; and the
FOUNDATION shall be 4107 North Av-
enida de Montazuma, Tucson, Arizona
adopted by the Board of Directors. The
tees of the Corporation), and as also -
gations, or liabilities of the Corporation
or is removed, then the Pastor auto-
Church members shall be entitled to
-
Board of Directors may elect such offi-
duly approved, recommended, and
of any nature whatsoever, nor shall any
matically ceases to serve as an officer
vote on any merger with another
85749. -
cars as the bylaws may specify, who
voted upon by the said Board of Dirac-
of the property of the members, officers,
of the corporation and ceases to serve
Church, or reorganization; whether to
ARTICLE,XII EXEMPTIOfJ/INDEMNI-
shall, subject to the provisions of the
tors, also after due notice and meeting,
Directors, Deacons, Pastor, or other
as a member of the Board of Directors.
dispose, encumber, or sell substantially
FICATION The private property of each
and every officer and of the
Statutes, have such titles and exercise
hereby revoke any and all prior Articles
Board or Committee member be subject
E. The Corporation is authorized to
all of the assets of the Corporation; and
.director
such duties as the Bylaws may provide.
of Incorporation of the Corporation and
to the payment of the debts, obligations,
adopt Bylaws, and to amend the Bylaws
the selection and/or removal of the Pas -
FOUNDATION shall at all times be ex-
_
The Board of - Directors is expressly
revoke any and all prior amendments
or liabilities of the Corporation. B. The
from time to time. All Bylaws and -
-tor after' a recommendation by the
empt from the debts and liabilities of the
FOUNDATION. 'Except to the extent
authorized to make, alter or repeal the
thereto (including the 1938 original ARi-
Corporation hereby eliminates and lim-
amendments to the Bylaws shall be
Board of Deacons acting as the General
limited by A.R.S. § 10-3202(B)(1); (i) no
Bylaws of this Corporation or any article
c]es, and the 1943, 1968, 1988 Amend-
its the liability of each officer, Director,
voted on and approved by a simple ma-
Pulpit Committee. All votes by mem-
Director of the FOUNDATION shall be
therein.
ARTICLE VI PRIVATE PROPERTY:
ments, and any and all other amend-
ments), and thus both the Members and
Deacon, Pastor, or Board or Committee
member to the Corporation or to its
jority vote of the vote -eligible members
of the Church.
bars shall be by simple majority vote
and as by law., C. The Secretary of the
PAGE 18
The Daily Territorial
OCTOBER 13, 2005
NOTICE TO CREDITORS
1345."
FOR APPOINTMENT OF PERMA-
NOTICE OF HEARING NATION OF PARENT -CHILD RELA• .
IN THE SUPERIOR COURT OF
PU13USH: The Daily Territorial
NENT GUARDIANS OF MINOR CHIL-
IN THE SUPERIOR COURT OF THE TIONSHIP (Publication) Judge
THE STATE OF ARIZONA IN AND
October 12,13,14, 2005
DREN (PUBLICATION) Judge Cuneo
STATE OF ARIZONA IN AND FOR Chon-Lopez
FOR THE COUNTY OF PIMA
hrpeabody oA
(Est time one hour)
THE COUNTY OF PIMA TO: DANIEL MATA (a.k.a. DANNY
In the matter of the Estate of: WILLIAM
TO: Sergio Rubio, Sr.
In the Matter of the Guardianship of: ARTHUR MATA) parent of the
DAVID HIGLEY, DOB: 7/4/1952 DOD:
1. The Arizona Department of Eco-
JORDAN EDWARD RICHARDSON, children, DANIEL ARTHUR MATA,
Board of Directors shall maintain, in
1/1/2005 Deceased. NO. PB 20050116
HEARING NOTICE
nomic Security has filed a Motion for
DOB: June 6, 1985 An Incapacitated JR. and DAMEON MATA (a.k.a.
consultation with, and as directed by,
NOTICE TO CREDITORS
IN THE SUPERIOR COURT OF THE
Appointment. of Permanent Guardians .
Adult. NO. GC 20050844 NOTICE OF DEMEON ANDREW MATA)
the Board of Deacons, a current roll of -
NOTICE IS GIVEN that the undersigned
STATE OF ARIZONA
for the minor children pursuant to
HEARING JOHN DOE (a fictitious name),
members of the Church eligible to vote
9
has been appointed Personal Repre-
IN AND FOR THE COUNTY OF PIMA2.
A.R.S. § 8-871,g(M,
NOTICE IS GIVEN that the Court will parent of the children, DANIEL
on amendments to these articles and on
sentative of this estate. All persons hav-
JUVENILE COURT '
The Court has set an Initial hearing
consider the Petition for Appointment of ARTHUR MATA, JR. and DAMEON .
- Church matters, as determined by the
ing claims against the estate are re-
In the Master of STONER, THOMAS
on the 14th day of December, 2005 at
Guardian of An Adult Incapacitated Per- MATA (a.k.a. DEMEON ANDREW
Board of Deacons and the Bylaws.
yl
quired to present their claims within four .
dob O6/23/31 No. 158271 CITATION
8:40 a.m, before the Honorable Judge
son In the above -referenced matter on MATA)and ANNETTE DANIELLA
DATED this 221h day of August, 2005.
months after the date of the first publi-
NOTICE OF HEARING (Publication)
Cuneo at the Pima County Superior
November 9, 2005 at 8:30 a.m. Pima VASQUEZ .
• /a/ David W. Robins, Designated Direc-
cation of this notice or the claims will be
Judge Cunoo
Court, Juvenile Division, 2225 E. Ajo
County Superior Court, -130 W. Con- 1. The Arizona Department of Eco-
for FriendshipMissionary Baptist
ry p
forever barred. Claims must. be pro-
Johnny Stoner
Way, Tucson, Arizona 85713, telephone
grass, Tucson, Arizona 85701: nomic' Security. has filed a Motion for
`
Church, Inc. ATTESTATION BY SEC -TO:
sented by delivering or mailing a written
Address Unknown
No. 740.2000; for the purpose of deter-
DATED: _ By /;;/Attomey for Petitioner Termination of Parent -Child Relation -
RETARY: IN WITNESS WHEREOF, the
--
statement of the claim to the attorney
The Arizona Department of Economic
m ining the parents' response to the Mo-
YOU ARE RESPONSIBLE FOR ship pursuant to A.R.S. § 8-862(D)(1),
undersigned, Mary F. Stoute, hereby
for the Pima County Public Fiduciary at
Security has filed Dependency
tion.
PROTECTING YOUR INTERESTS.' -
certifies that she is the duly elected and
the' addresses listed below. DATED:
t gangPeti.
the to the above cause alleging
3. You are hereby advised that your
This matter may not be independently 2. The Court has set a publication'.
qualified Secretary of Friendship Mis-
September 8, 2005. /a EVELYN SAUN-,
child t
the above named child to be dependent
failure to personally appear in court
investigated or verified by the court. If _ hearing on the 3rd day of January,
sionary Baptist Church, Inc., an Arizona
DERS, Attorney for the Pima County
within the meaning of A.R.S. §8-201, 121
without good cause shown may result in
you object to any part of the petition, 2005, at 9:00 a.m at Pima County Su -
p rpo
Nonprofit Corporation, and the custo-
Public Fiduciary 10 East Pennington
ary gt
M., as amended.
a finding that you have waived our le
g y y
you must file a written objection with the
1 parlor Court; 2225 East Ajo Way, Tuc-
than of the books, records and seal of
Tucson, AZ 85701 (520) 740-5454 _
YOU ARE HEREBY NOTIFIED that a
gal rights and have admitted the allege-. •
court describing the legal basis for your son, Arizona 85713, phone number
the Corporation, and the custodian of
PUBLISH: The Deity Territorial
publication hearing on the Petition is set
lions in the petition. In addition, if you
objection. Failure to file awritten objec- (520) 740-2000 for the purpose of de -
the roll of members eligible to vote, and
October 6,13, 20, 2005
for November 30, 2005, at 8:30 a.m., in
fail to personally appear in court without
tion may jeopardize your interests. termining whether any parent named
further certifies that the foregoing Ex-
crhigky o.t
the courtroom of this Court located at
good cause shown, the hearings may
Without your written objections you herein is contesting the allegations in
hibit A, Articles of Amendment and Re- '
2225 East Ajo Way, Tucson, Arizona.
go forward in your absence and may re-
should expect that the requested relief the Motion. :
statement of the Articles of Inwrpora-
You may appear at the hearing and be
sett in the establishment of a permanent
will be granted. If you question any 3. You have a right to appear as a
tion, was lawfully and regularly ap
NOTICE TO CREDITORS
represented by counsel. The Court will
guardianship based u the record
9 P Pon
other action of the fiduciary, file an a proceeding. y
ry. P party in this roceedin You are hereby
proved by the members of the Corpora-
'
IN THE SUPERIOR COURT OF THE
appoint counsel upon a showing of lack
an d the evidence presented to the
propriate written petition or motion with advised that your failure to personally
_ lion and Church, and by the Board of
7�
STATE OF ARIZONA IN AND FOR
of financial ability to retain your own
court. '
the court. appear in court at the initial hearing,
Directors, all after due notice, meeting,
THE COUNTY OF PIMA
counsel.
4: You are hereby noted that upon a'
This is a legal matter. If you have any pretrial conference, status conference —
and voting thereon. /;r/ Mary F. -Stoute,
In the Matter of the Estate of JOHN
You are hereby advised that your failure
' .request or motion of a parent, guardian
- questions, seek legal advice from an at- or termination adjudication hearing with -
Secretary Friendship Missionary Baptist
KREIN, Jr., Date of Birth: March 30,
to personaay appear in court without
or Indian custodian of a child who is
tomey. You have the right to represent out good cause shown may result in a
Church, Inc. STATE OF ARIZONA)) ss
1913 Decedent. No. PB 20051178 NO
good cause shown may result in a find-
subject of 'these proceedings, made
yourself. If you represent yourself you finding that you have waived your legal
Pima County ) On this, 2M day of
TICE TO CREDITORS
ing, that you have waived your legal
prior to any proceeding in this matter,
_ must correctly follow court procedures. rights,. including the right to trial to a
August, 2005, David W. Robins and
NOTICE IS GIVEN that OTTO KREIN
rights, including your right a trial by
the Court shall order that the proceed
FILED PATRICIA A. NOLAND CLERK, jury, and have admitted the allegations
Mary F. Stoute personally appeared be -.has
been appointed personal represen-
Jury in a termination of Parental Rights
ing is open to the public, unless the
SUPERIOR COURT 2005 AUG 29 BY: , in the motion. In addition, if you far[to
tore me and signed and acknowledged
tative of this estate. All arsons having
p g
Proceedin s and have admitted the al -
g
court finds good cause for all or part of
N. QUIJADA, DEPUTY � personally appear in court without good
the foregoing. la Notary Public My com-
'
claims against the estate are required to .
legations in the petition. In addition, if
the proceedings to remained closed.
PUBLISH: The Daily Territorial cause shown, the hearings may go for- .
mission expires: Sept 25, 2007 Notary
Seal YVONNE L. ARELLANO Notary
present their claims within four months
you fail to personally appear in court-
Before opening a proceeding to the
Court '
October 13,14,17, 2005 ward in your absence and may result. in
hrrichardson the termination
after the date of the first publication of
without good cause shown,. the hear-
public, the shall consider. (1)
oA of yourparental rights
Public - Arizona Pima county My Com-
-
this Notice or the claims will be forever
ings may go forward in your absence
whether doing so is in the child's best
based upon the record and the evi-
mission Expires September 25, 2007
EXPEDITED AZ ' CORPORATION
barred. Claims must be presented by
delivaring or mailing a written statement
and may result in an adjudication of de-
interest; (2) whether doing so would en-
danger the child's physical or emotional
dance presented to the court. In order
HEARING NOTICE .' to receive a trial to a jury at the termina-
COMMISSION FILED SEP -2 2005
of the claim to the undersigned personal
pendency, termination of your parental
rights or the establishment of a perma•
well-being or the safe of an other
9 safety y
IN THE SUPERIOR COURT OF THE . lion adjudication hearing, a written re -
FILE NO.-0038071-7
representative or attorney at the ad-
nent guardianshipbased upon the re-
person; the privacy rights of the
STATE OF ARIZONA quest, signed personally by the parent
PUBLISH: The Daily Territorial
dress listed below. DATED this Mh
cord and the evidence presented to the
e
child, the child's siblings; parents,
IN AND FOR THE COUNTY OF PIMA and not by counsel of record, must be
October 11,12,13, 2005
a!friendship oA
day of September. 2005. Lq OTTO
court. Proceedings to terminate aren-
g p
guardians and caregivers and any other
vfiose rights the Court
JUVENILE COURT filed prior to or at the initial hearing or, A
counsel is appointed at the initial term! -
w
KREIN Personal Representative 2381
Western Way Place Tucson, Arizona
Western
tat rights can also occur based upon the
person privacy
determines need protection; (4) whether
In the Matter of MATA, DANIEL J.dob
12/29/97 MATA, DAMEON dob nation hearing, within twenty (20) days
q
85713 or /ly for Fred A. Farsjo Gabroy,
grounds set forth in A.R.S. § 8-533. ,If
the Court determines that efforts to re-
all parties have agreed to allow the pro-
11/21/98 VASQUEZ, ANNETTE D. dob.. of appointment of counsel
j
Rollman & Bossd, P.C. 3507 North
unify a parent or guardian with a child
ceeding to be open.
03/01/00 GALAZ, RAQUEL dob 4. In the event you personally appear
Campbell Avenue, #111 Tucson, Ari-
would not be reasonable, the Court is
5.' In the event that you personally ap•
� 1y08/03 Person(s) under 18 years of and contest the allegations, apre-Ertel
�
zona85719 -
not required to order reunification sere-
ear and contest the allegations. the
p g
g conference or status conference and
a e.No. J171916 NOTICE OF INITIAL
PUBLISH: The Daily Territorial
..
Ices ursuant to A.RS. § 8-846
Court shall set a date for the trial on the
HEARING ON MOTION FOR TERMI- termination adjudication hearing will be
NOTICE TO CREDITORS
October 6;13, 20, 2005
crkreln o.t
You are hereby notified that upon a re-
permanent guardianship.
Requests for reasonable accommo-
IN THE SUPERIOR COURT OF
quest or mction of a parent, guardian or
q P 9
cl for persons with disabilities
NOTICE OF PUBLIC HEARING
THE STATE OF ARIZONA IN AND
Indian custodian of a child who is sub-
must b
must be made to the court parties
BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION
FOR THE COUNTY OF PIMA
In the Matter of the Estate of INEZ, LU-
NOTICE TO CREDITORS
ject of these proceedings, made prior to
any proceeding in this matter, the Court
I a
!east three days in advance
accordance with and Section of the Oro Valley Zoning :
CILLE ROSE, Deceased. No. PB-2005
'
ARIZONA SUPERIOR COURT,
'
shall order that the proceeding is open
le court p
in a scheduled court proceeding by call-
mg
C ICE F P G, FOR ZON-
Code Revised, NOTICE N PUBLIC HEARING FOR A TRANSLATIONAL VALLEY
'ING OF RECENTLY ANNEXED PROPERTY B BEFORE THE ORO VALLEY
1195 NOTICE TO CREDITORS I
PIMA COUNTY
to the public, unless the court finds
_
DATED THIS _day of 2005
DATED HIS
PLANNING AND ZONING COMMISSION IS HEREBY GIVEN:
Mary
NOTICE IS HEREBY GIVEN that Ma
In the Matter of the Trust of Robert W.
good cause for all or part of the pro-
—00.
_
TERRY GODDARD
TIME: at or after 6:00 p.m. on TUESDAY, NOVEMBER 1, 2005
Josephine _ Reid has been appointed
Balch, Deceased. NO. NOTICE TO
ceengs
dito remained closed. Before
ATTORNEY GENERAL
Personal Representative of this Estate.
CREDITORS
opening a proceeding to the public, the
Caroline S. Furman
PLACE: Oro Valley Town Hall
All persons having claims against the
NOTICE IS HEREBY GIVEN that JOHN
Court shall consider: (1) whether doing -
Assistant Attorney General
Council
Council Chambers
Estate are required to present their
LANHAM has been appointed Surviving
so is in the child's best interest; (2)
PUBLISH: The Daily Territorial
North La Canada Drive
claims within four months after the date _
Trustee of the Robert Balch Trust U/A/D
whether doing so would endanger the
Oct 13, Nov. 3, 20
Oro Valley, Arizona.
of the first publication of this notice or
September 21, 2000. All persons having
child's physical or emotional well-being
hrrubl20,
hro/154044 jm
SUBJECT: PUBLIC HEARING, OV9-05-10. TRANSLATIONAL ZONING - OF '.
the claims will be forever barred. Claims
claims against the Trust are required to
or the safey of any other person; (3)
970 ACRES. MORE OR LESS, THAT WERE RECENTLY ANNEXED INTO
must be presented by delivering or mail-
present their claim(s) within the time
the privacy rights of the child, the child's
THE TOWN FROM PIMA COUNTY RH (RURAL HOMESTEAD) -ZONING TO
ing a written statement of the claim to
prescribed in A.R.S. § 14-3803. or the
siblings, parents, guardians and care-
THE ORO VALLEY EQUIVALENT OF R1-300 (SINGLE FAMILY RESIDEN-
the Personal Representative at the ad-
claims will be forever bared. Claims
givers and any other person whose pri-
NOTICE OF HEARING
TIALI FOR PROPETIES LOCATED IN AN AREA KNOWN AS THE LA
dress listed below. DATED this fl day
must be presented by delivering or mail-
vary rights the Court determines need
ARIZONA SUPERIOR COURT,
CHOLi a elaneRK AND IMMEDIATE ENVIRONS, SPECIFCALLY INCLUDr
of October, 2005. LV Jeannette K.
ing a written statement of the claim to
protection; (4) whether all parties have
PIMA COUNTY
ING THE SOUTH HALF (S 1121 OF SECTION 22.-TOWNSHIP 11 SOUTH,
Geiser Attorney for Personal Represen- '
the Surviving Trustee at 18530'Vincen-
agreed to allow the, proceeding to be
In the Matter of: Sarah Thomas Date of
RANGE 13 EAST AND ALL OF SECTION 27 TOWNSHIP 11 SOUTH RANGE
tative 910 S. Craycrott Tucson,. Arizona
nes Rd., Glenwood, IL. 60425.
open. -
birth: 7/31/93 Guardianship i� Minor.
13 EAST AND THE SOUTHEAST QUARTER (SE ) OF THE NORTHEAST
85711-7113 (520) 519-0407 -
DATED this. 23rd day of. September,-
The above -named individual(s) may ob-
Case Number: GC 20050771 NOTICE
- QUARTER (NE ) OF THE NORTHEAST QUARTER (NE_) OF SECTION 28. .
PUBLISH: The Daily Territorial
2005. W John Lanham, Surviving Trus-
tain a copy of the Dependency Petition,
OF HEARING
TOWNSHIP 11 SOUTH. RANGE 13 EAST. GILA AND SALT RIVER MERI
October 13, 20, 27, 2005
tee 18530 Vincennes Road Glenwood,
Notice of Dependency Hearing, _ and
NOTICE IS GIVEN that the Court will
DAN. PIMA COUNTY. ARIZONA
crrose o.t
IL. 60425 (708) 758.2875
Temporary Order by submitting a writ-
consider the on October 25, 2005. at
Per Arizona Revised Statutes, the Town must "translate" •zoning of newly an- '
PUBLISH: The Daily Territorial
ten request to: CATHLEEN LINN, Office
_
the hour of 10:00 am o'clock, at the
nexed properties from Pima Countyzoning to the, nearest zoning equivalent
Sep 29; Oct 6,13, 2005
of the Attorney General, 3939 South.,
Pima County Court Building, 110 W.
within the Town. This action applies to the following recently annexed parcels:
NOTICE TO CREDITORS
crbalch oA
Park Avenue, Suite 180, Tucson, Ari-.
Congress, Tucson, Arizona.219180010
219180020 219180030 219180040 219180050 21917009A
ARIZONA SUPERIOR COURT,
zone 85714. The assigned case man-
DATED: 8/17/05 amended 9/30/05
- 219170020 219170030 219170040 219170050 219180080 219180070
. PIMA COUNTY
„
ager is Sandra Afarin • and may be
Petrona Bernardez Petitioner
219180060 219170070 219170080 219180100 219180090 219170060' '
In the Matter of the Estate of: GERD L.
reached by telephone at (520)
' YOU ARE RESPONSIBLE FOR
219170100 219180110 19180130 21,9180140' 219170110 219110120
BONNER Deceased DOB: March 28,
887-7577•
PROTECTING YOUR INTERESTS,
219170130 219170140 219180120 219170160 219180170 219180160
1939 NO. PB 20051152 NOTICE TO
A request'for reasonable accommoda-
This matter may not be independently
219180150 219170200 219170190 219170180 219170150 21918019A
CREDITORS (Far publication) '
tion for persons with disabilities must be
investigated or verified by the court. If
21918019E 21918019C 21923062A 219170170 219230010 219230020
NOTICE IS GIVEN that M. MARKUS
N0710E OF HEARING
made to the Court by parties at least
you object to any part of the petition,
219230030 219230160 219230170 219230250 219230260 219230270
BONNER has been appointed as Per-
IN THE SUPERIOR COURT OF
three (3) working days in advance of a
you must file a written objection with the .
219230150 219230240 219230290 219230280 219230300 219230140
sonal Representative of this estate. All
THE STATE OF ARIZONA IN AND
scheduled court proceeding and can be
court describing the legal basis for your
219230040 219230180 219230070219250040 219230230 219250050
persons having claims against the es-
FOR THE COUNTY OF PIMA
made by caking 740-2900.
objection. Failure to file a written objec-
219230130219230080 219230060 219250060 219230190
tate are required to present their claims
COUNTY, OF SAN DIEGO, and, AN-
PATRICIA A. NOLAND, Clerk -
tion may jeopardize your interests.
-219230050
219230200 21923022A 219230310 219230320 219230228 219230120
within four months after the date of the
DREA C. PEABODY, Petitioner/Mother,
Deputy Clerk
Without your written objections you
219230090 ; 219230100 219230210 219230690 219230680 219230660
first publication of this Notice or the
and JOHN A. PEABODY, . Respondent/
GIVEN UNDER MY HAND AND SEAL
should expect that the requested relief
219230650 219230370 219230360 219230350 ' 219230340 219230330
claims will. be forever barred. Claims
Father, No. R-21882 NOTICE OF
this _ day of October, 2005.
will be granted. If you question any
219230640 219230700 219230380 219230670 219230710 219230390
must be presented by delivering or mail-
HEARING (Commissioner Stanford) -
PUBLISH; The Daily Territorial
other action of the fiduciary, file an ap- _
219230400 '219230616 219230420 219230720 219230600 219230410
ing a written statement of the claim to
PLEASE TAKE NOTICE that Respon-
Oct 13, 20, 27; Nov. 3, 2005
propriate written petition or motion with
219230730 219230430 219230590 219230780 219230520 219230530
the Personal Representative or attorney
dent/ Father's Petition for Order to
hrstoner/158271 j.m
the court.
219230440 219230770 219230740 219230500 219230540 219230750
at Ong South Church, Suite 2130, Tuc-
Show Cause shall come on for hearing
This is a legal matter. if you have any
219230560 219230510. 219230450 219230570 219230580 21923081A
son, Arizona 85701.
on the r, 2005, at
day of at Pima Oct -County
3:30 p.m., County Superior
questions, seek legal advice from an at- "
21923081B 219230800 219230790 219230760 219230490 219230460
'
DATED: October 3. 2005. MICHAEL B.
.,
HEARING NOTICE
torney. You have the right to represent
219230550 219230480 219230470
• HALLADAY, P.C. By: /a/ Michael B.
Court, 110 West Congress, Tucson, Ari-
IN THE SUPERIOR COURT.OF THE
yourself. If you represent yourself you
Members of the public are invited to attend this meeting and will be. given an op-
Halladay Attorney for Personal Repre-
zone. DATED this 21 sI day of Septem-
STATE OF ARIZONA
must correct) follow court rocedures: y p
portunity to speak. An agenda for the meeting will be made available 24 hours
sentative
ber, 2005. Is/ Stellisa Scott Attorney for
IN AND FCR THE COUNTY OF PIMA
FILED PATRICIA A. NOLAND CLERK,
prior to the meeting time and be viewed at www.townoforovalley.com. Should
PUBLISH: The Daily Territorial
Respondent/Father °A copy of the Pe-
In the Metter of the Guardianship of RU-
SUPERIOR COURT 2005 AUG 17 PM
you have any questions regarding this matter, please contact Bayer Vella, Princi-
October 13, 20, 27, 2005
tition and attendant documents may
- BIO, Jose dob 12/26/90 RUBIO, Fer-
1:06 BY: N. OUIJADA; DEPUTY
pal Planner, at (520) 229-4800 or bvella@orovalley.net.
- _ - crbonner oA
be obtained from the following per-
nando dob 05/13(96 RUBIO, Rosario
PUBLISH: The Daily Territorial
- /s/ Bayer Vella, AICP Senior Planner
son: Stellisa Scott, 239 North
dob 08/03198 RUBIO, Maria dob
October 11,12, 13, 2005
PUBLISH: The Daily Territorial
Church,. Suite 101, Tucson, Arizona,'
08/21/89 A Minor Child No. J-154044
hrthomas o.t
- October 13, 2005
85701. Telephone number 520-884--.
-NOTICE OF HEARING ON MOTION.
_
hrnovlov9-05.10 j.m
AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA )
ss.
COUNTY OF PIMA )
Audrey Smith, being first duly sworn, deposes and says that (s)he is the Legal
Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and
published in the County of Pima, State of Arizona, and of general circulation in the City of
Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached:
NOTICE OF PUBLIC HEARING
OV9-05-10
TRANSLATIONAL ZONING OF 970 ACRES
ET AL
was printed and published correctly in the regular and entire issue of said THE DAILY
TERRITORIAL for 1 issues; that was first made on the 13th day of October 2005
and the last publication thereof was made on the 13th day of October 2005 ;
that said publication was made on each of the following dates, to -wit:
10113/05
at the Request of: Town of Oro Valley
b <l��-l'
Y �gal Advertising Manager
Subscribed and sworn to before �e his 3th day of October 2005 .
i`iatary Public Arizona No ry Public in and for the County of Pima, State of Arizona
Pima Count;,
Expires 02/04/08
My commission expires:
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY PLANNING AND ZONING CO M N
In accordance with ARS 9-462 and Section 22.3.G.2 of the Oro ning
Code Revi%ed, NOTICE' OF PUBLIC HEARING FOR A TRAIN ZON-
ING OF RECENTLY ANNEXED PROPERTY BEFORE THE O LEY
PLANNING AND ZONING COMMISSION IS HEREBY GIVEN:
TIME: at or after 6:00 p.m. on TUESDAY, NOVEMBER 1, 2005
PLACE: Oro Valley Town Hall
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
Per Arizona Revised Statutes, the Town must `translate' zoning of newly an-
nexed properties from Pima County zoning to the
nearest zoning equivalent
within the Town. This action applies to the following recently annexed parcels:
219180010 219180020 219180030 219180040
219180050 21917009A
219170020 219170030 219170040 219170050
219180080 219180070
219180060 219170070 219170080 219180100
219180090 219170060
219170100 219180110 19180130 219180140
219170110 219170120
219170130 219170140 219180120 219170160
219180170 219180160
219180150 219170200 219170190 219170180
219170150 21918019A
21918019E 21918019C 21923062A 219170170
219230010 219230020
219230030 219230160 219230170 219230250
219230260 219230270
219230150 219230240 219230290 219230280
219230300 219230140
219230040 219230180 219230070 219250040
219230230 219250050
219230130 219230050 219230080 219230060
219250060 219230190
219230200 21923022A 219230310 219230320
21923022B 219230120
219230090 219230100 219230210 219230690
219230680 219230660
219230650 219230370 219230360 219230350
219230340 219230330
219230640 219230700 219230380 219230670
219230710 219230390
219230400 219230610 219230420 219230720
219230600 219230410
219230730 219230430 219230590 219230780
219230520 219230530
219230440 219230770 219230740 219230500
219230540 219230750
219230560 219230510 219230450 219230570
219230580 21923081A
21923081E 219230800 219230790 219230760
219230490 219230460
219230550 219230480 219230470
Members of the public are invited to attend this meeting and will be given an op-
portunity to speak. An agenda for the meeting will be made available 24 hours
prior to the meeting time and be viewed at www.townoforovallev.com.
Should
you have any questions regarding this matter, please
contact Bayer Vella, Princi-
pal Planner, at (520) 229-4800 or bvella@orovallev.net.
/S/ Bayer Vella, AICP Senior Planner
PUBLISH:
The Daily Territorial
October 13, 2005
hrnovlov9-05-10 J.m
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION
In accordance with ARS 9-462 and Section 22.3.G.2 of the Oro Valley Zoning Code Revised, NOTICE
OF PUBLIC HEARING FOR A TRANSLATIONAL ZONING OF RECENTLY ANNEXED
PROPERTY BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION IS HEREBY
GIVEN:
TIME: at or after 6:00 p.m. on TUESDAY, NOVEMBER 1, 2005
PLACE: Oro Valley Town Hall
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT:
PUBLIC HEARING OV9-05-10 TRANSLATIONAL ZONING OF 970 ACRES
MORE OR LESS THAT WERE RECENTLY ANNEXED INTO THE TOWP
FROM PIMA COUNTY RH (RURAL HOMESTEAD) ZONING TO THE ORO
VALLEY EQUIVALENT OF R1-300 (SINGLE FAMILY RESIDENTIAL) FOR
PROPETIES LOCATED IN AN AREA KNOWN AS THE LA CHOLLA
AIRPARK AND IMMEDIATE ENVIRONS SPECIFCALLY INCLUDING THE
SOUTH HALF (S 1/2) OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 13
EAST AND ALL OF SECTION 27, TOWNSHIP 11 SOUTH, RANGE 13 EAST,
AND THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER
(NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 28, TOWNSHIP
11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDAN, PIMA
COUNTY, ARIZONA
Per Arizona Revised Statutes, the Town must "translate" zoning of newly annexed properties from Pima
County zoning to the nearest zoning equivalent within the Town. This action applies to the following
recently annexed parcels:
219180010
219170030
219170080
219180140
219180170
21918019A
219230030
219230240
219230070
219230060
21923022B
219230660
219230640
219230610
219230590
219230500
219230580
219230460
219180020
219170040
219180100
219170110
219180160
21918019B
219230160
219230290
219250040
219250060
219230120
219230650
219230700
219230420
219230780
219230540
21923081A
219230550
219180030
219170050
219.180090
219170120
219180150
21918019C
219230170
219230280
219230230
219230190
219230090
219230370
219230380
219230720
219230520
219230750
21923081B
219230480
219180040
219180080
219170060
219170130
219170200
21923062A
219230250
219230300
219250050
219230200
219230100
219230360
219230670
219230600
219230530
219230560
219230800
219230470
219180050
219180070
219170100
219170140
219170190
219170170
219230260
219230140
219230130
21923022A
219230210
219230350
219230710
219230410
219230440
219230510
219230790
21917009A
219180060
219180110
219180120
219170180
219230010
219230270
219230040
219230050
219230310
219230690
219230340
219230390
219230730
219230770
219230450
219230760
219170020
219170070
219180130
219170160
219170150
219230020
219230150
219230180
219230080
219230320
219230680
219230330
219230400
219230430
219230740
219230570
219230490
Members of the public are invited to attend this meeting and will be given an opportunity to speak. An
agenda for the meeting will be made available 24 hours prior to the meeting time and be viewed at
www.townoforovalI.ey.com. Should you have any questions regarding this matter, please contact Bayer
Vella, Principal Planner, at (520) 229-4800 or bvella@)orovall.ey.net.
Bayer \/ella, AICP
Senior Planner Posted: 10-10-05
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION
In accordance with ARS 9-462 and Section 22.3.G.2 of the Oro Valley Zoning Code Revised, NOTICE
OF PUBLIC HEARING FOR A TRANSLATIONAL ZONING OF RECENTLY ANNEXED
PROPERTY BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION IS HEREBY
GIVEN:
TIME: at or after 6:00 p.m. on TUESDAY, NOVEMBER 1, 2005
PLACE: Oro Valley Town Hall
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING, OV9-05-10, TRANSLATIONAL ZONING OF 970 ACRES,
MORE OR LESS, THAT WERE RECENTLY ANNEXED INTO THE TOWN
FROM PIMA COUNTY RH (RURAL HOMESTEAD) ZONING TO THE ORO
VALLEY_ EQUIVALENT OF R1-300 (SINGLE FAMILY RESIDENTIAL) FOR
PROPETIES LOCATED IN AN AREA KNOWN AS THE LA CHOLLA
AIRPARK AND IMMEDIATE ENVIRONS, SPECIFCALLY INCLUDING THE
SOUTH HALF (S 1/2) OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 13
EAST AND ALL OF SECTION 27, TOWNSHIP 11 SOUTH, RANGE 13 EAST,
AND THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER
(NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 28, TOWNSHIP
11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDAN, PIMA
COUNTY, ARIZONA
Per Arizona Revised Statutes, the Town must "translate" zoning of newly annexed properties from Pima
County zoning to the nearest zoning equivalent within the Town. This action applies to the following
recently annexed parcels:
219180010 219180020 219180030 219180040 219180050 21917009A 219170020
219170030 219170040 219170050 219180080 219180070 219180060 219170070
219170080 219180100 219180090 219170060 219170100 219180110 219180130
219180140 219170110 219170120 219170130 219170140 219180120 219170160
219180170 219180160 219180150 219170200 219170190 219170180 219170150
21918019A 21918019B 21918019C 21923062A 219170170 219230010 219230020
219230030 219230160 219230170 219230250 219230260 219230270 219230150
219230240 219230290 219230280 219230300 219230140 219230040 219230180
219230070 219250040 219230230 219250050 219230130 219230050 219230080
219230060 219250060 219230190 219230200 21923022A 219230310 219230320
21923022B 219230120 219230090 219230100 219230210 219230690 219230680
219230660 219230650 219230370 219230360 219230350 219230340 219230330
219230640 219230700 219230380 219230670 219230710 219230390 219230400
219230610 219230420 219230720 219230600 219230410 219230730 219230430
F:\OV\OV9\2005\OV9-05-10\PZ.PUBLIC NOT10E.doc
219230590
219230780
219230520
219230530 219230440 219230770 219230740
219230500
219230540
219230750
219230560 219230510 219230450 219230570
219230580
21923081A
21923081B
219230800 219230790 219230760 219230490
219230460
219230550
219230480
219230470
Members of the public are invited to attend this meeting and will be given an opportunity to speak. An
agenda for the meeting will be made available 24 hours prior to the meeting time and be viewed at
www.townoforovalley.com. Should you have any questions regarding this matter, please contact Bayer
Vella, Principal Planner, at (520) 229-4800 or bvella a;orovalley net.
Bayer Vella, AICP
Senior Planner
Posted: 10-10-05
Time: 8:30 A.M.
By: sg
F:\OV\OV9\2005\OV9-05-10\PZ.PUBLIC NOTICE.doc
F:\OV\OV9\2005\OV9-05-10\PZ.PUBLIC NOTICE.doc
EXHIBIT "A"
Legal Description
DESCRIPTION OF TERRITORY TO BE ANNEXED
TO THE TOWN OF ORO VALLEY
THE SOUTH HALF (S 1/2) OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 13
EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA,
CONTAINING 320 ACRES, MORE OR LESS.
ALL OF SECTION 27, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT
RIVER MERIDIAN, PIMA COUNTY, ARIZONA,
CONTAINING 640 ACRES, MORE OR LESS.
THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4)
OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 28, TOWNSHIP 11
SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY,
ARIZONA,
CONTAINING 10 ACRES, MORE OR LESS.
Prepared by
David A. Rhine, RLS
AZTEC Land Surveying, I
Page 1 of 2
MAP OF THE TERRITORY
TO BE ANNEXED TO THE
TOWN OF ORO VALLEY
ANNEXATION AREA J-2005
TOTAL AREA TO BE
ANNEXED = 970 ACRES,
MORE OR LESS
xN
M
N89'56'30)"'E�
� ese.oa •n
NO
O O,
o%o B58.02
�i S89.5a_3o
2
--4 1 x
• o
1 I-�o•o�
—I, 1
I I
voom a aM0
ATS
THIS
' ve'/1 7R'M
NEW CORPORA TELIMHS / !�
OF THE 710WNOFORO
VALLEY
J o �.
� (zi
I _ 4 (3
�F,
NEW CORPORA TELIMITS OF
I THE 70WNOF, ORO VALLEY I
S 89
5274.72'M
DENOTES BEARINGS, DISTANCES AND AREA FROM
GENERAL LAND OFFICE (GLO) MAP
LOCATION MAP
T> IS, R>3E
EXISTING CORPORATE
LIMITS OF THE 710WN
/,,OFORO VALLEY
j
o�o/
,w o
O
i�
EXISTING CORPORATE
LIMITS OF THE TOWN OF
ORO VALLEY
SURVEYORS STATEMENT
I, DAV/D A. RHINE, A PROFESSIONAL LAND SURVEYOR, REGISTERED /N
THE STATE OF ARIZONA, HAVE PREPARED THIS DOCUMENT FOR EXHIBIT
PURPOSES ONLY AND MAY NOT BE SURVEYED/STAKED ON THE GROUND.
DAVID A. RHINE RLSJ24530
1000, 0 1000, 3000'
Sam "WCMwlww 'roon.Arb—
Mrs R20) ""627 F-. CUM N}1117
E, HIBIT
ANNEXED AREAS OF SECTIONS 22,
27 & 28, TOWNSHIP 11 SOUTH,
RANGE 13 EAST, G&SRM, PIMA
CO LINTY, ARIZONA
ign
. DAR Ck'd
Scale: I" = NTS
DATE. 03102120051 Job No.13505 I Sheet 2 of 2