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HomeMy WebLinkAboutOV91401Property Owners Walter & Jane Wong Family Investments, LLP 5437 East 3rd Street Tucson, Arizona 85711 Tucson Koi & Water Gardens, LLC 3372 North Dodge Boulevard Tucson, Arizona 85716 Prepared By The WLB Group, Inc. Contact: Paul Oland 4444 East Broadway Boulevard Tucson, Arizona 85711 WLB No. 113036-A-001 APPROVED BY: TC/PZ/D B/BOA l•2— /�o ZO/ D PZ PROJECT MANAGER k TABLE OF CONTENTS PART I: INVENTORY AND ANALYSIS Introduction..................................................................................................................................................1 A. Existing Land Uses..................................................................................................................................1 B. Topography...........................................................................................................................................10 C. Hydrology.............................................................................................................................................12 D. Vegetation............................................................................................................................................16 E. Wildlife.................................................................................................................................................18 F. Viewsheds.............................................................................................................................................25 G. Traffic....................................................................................................................................................27 H. Recreation and Trails............................................................................................................................ 29 I. Cultural/Archaeological/Historic Resources........................................................................................29 J. Schools..................................................................................................................................................32 K. Water....................................................................................................................................................32 L. Sewers.................................................................................................................................................. 32 PART II: LAND USE PROPOSAL ProjectOverview......................................................................................................................................... 37 A. Land Uses..............................................................................................................................................40 B. C. Topography...........................................................................................................................................42 Hydrology.............................................................................................................................................42 D. Vegetation............................................................................................................................................ 43 E. Wildlife.................................................................................................................................................43 F. Buffers.................................................................................................................................................. 43 G. Viewsheds.............................................................................................................................................45 H. Traffic....................................................................................................................................................45 I. Recreation and Trails............................................................................................................................46 J. Cultural/Archaeological/Historic Resources........................................................................................46 K. Schools..................................................................................................................................................46 L. Water....................................................................................................................................................46 M. Sewers.................................................................................................................................................. 47 Site Analysis, 3` Submittal- Town Council i Try Tucson Koi and Water Gardens hoop �Iv�.iaa WLB No. 113036-A-001 EXHIBITS A. Location Map ......................................................................................................................................... S B. Aerial Photograph ................................................................................................................................... 6 C. Existing Land Uses .................................................................................................................................. 7 D. Existing Zoning ........................................................................................................................................ D E. Existing General Plan .......................................................................................................................................... g F. Topography .----------------------------------------------11 G. OffsbeHydrology .................................................................................................................................. 14 H. OnsbeHydrology .................................................................................................................................. 1S iExisting Vegetation ............................................................................................................................... 17 J. Wildlife ................................................................................................................................................. 1D K. Vievvsheds/&Site Visibility .--------------------------------------.26 L. Major Roads ......................................................................................................................................... Z8 M. Arizona State Museum Records Check Letter ...................................................................................... 3O N. Schools, Parks and Trails ...................................................................................................................... I3 O. Existing Sewer System .......................................................................................................................... 3S P. Composite Map .................................................................................................................................... 36 Q. Tentative Site Plan (11.x17")............................................................................................................. 38 R. ES]].S. Map ......................................................................................................................................... 39 S. Proposed Zoning ................................................................................................................................... 41 T. Proposed Grading ................................................................................................................................. 44 Site Analysis, 3 ra Submittal- Town Council ii Tucson Koi and Water Gardens knupmm PART I — INVENTORY AND ANALYSIS INTRODUCTION This site analysis has been prepared in support of a proposed rezoning of two lots totaling approximately 2.8 acres. The property is located on Oracle Road approximately 1,000 feet south of Magee Road and is further identified as Parcel Numbers 225-51-011A and 225-51-012A. The subject site is surrounded by development on four sides. Properties to the north, south, and west (across Oracle Road) are all designated by the General Plan, zoned for and contain commercial uses. The area to the east of the project site is an existing single family neighborhood. The proposal is to rezone the properties from the current designation of IRS and R1-144 to CN Neighborhood Commercial in order to allow the development of a retail plant nursery and showcase garden. The proposed rezoning is appropriate for the following reasons: 1. The Town's General Plan designates this property as Neighborhood Commercial/Office (NCO). 2. The General Plan further identifies this as a "Growth area." 3. The site is located on Oracle Road, with approximately 55,000 vehicles passing everyday. 4. Properties to the north, south and west are all designated and developed with commercial uses. 5. The proposed plant nursery and gardens are low -impact commercial uses that provide a good land use transition and buffer between Oracle Road and the existing Neighborhood to the east. I -A. Existing Land Uses E E 1. Site Location The subject property is located within Township 12 South, Range 13 East, Section 36, Town of Oro Valley, Pima County, Arizona. It is bounded by Oracle Road to the west, a dirt alley to the east, and an alley easement to the north. Commercial developments exist to the north and south and an existing single family neighborhood to the east. The Pima County Tax Assessor designates the properties as parcels 225-51-012A and 225-51- 011A. Refer to Exhibit A: Location Map and Exhibit 8: Aerial Photograph. 2. Existing Land Uses on Site The subject properties are currently undeveloped and vacant. A wash bisects the site and flows from east to west. Refer to Exhibit C: Existing Land Uses. Site Analysis, 3'° Submittal- Town Council 1 TIT% Tucson Koi and Water Gardens p lum WLB No. 113036-A-001 3. Adjacent Property Information a. Existing Zoning Parcel 225-51-011A: RS, Residential Service District Parcel 225-51-012A: 111-144, Single Family Residential North: C2, Regional Commercial South: RS, Residential Service District East: 111-36, Single Family Residential West: C2, Regional Commercial, CR-1, CR-5 (Pima County) Refer to Exhibit D: Existing Zoning. b. Existing Land Use Parcel 225-51-011A: Vacant, undeveloped Parcel 225-51-012A: Vacant, undeveloped North: Commercial Shopping Center (Plaza Escondido, including Marshalls, Panda Express, Trader Joes, two tire shops and numerous other retailers South: Commercial Office/Retail Building complex East: Single Family Residential neighborhood West: Commercial Shopping Center (Oracle Crossings) across Oracle Road including Wal-Mart Neighborhood Market, KFC, Taco Bell, and numerous other restaurant and businesses Refer to Exhibit C. Existing Land Uses. C. Existing General Plan Designations Parcel 225-51-011A: Neighborhood Commercial/Office (Growth area) Parcel 225-51-012A: Neighborhood Commercial/Office (Growth area) North: Community/Regional Commercial (Growth area) South: Neighborhood Commercial/Office (Growth area) East: Low Density Residential (0.4 to 1.2 DU/acre) West: Community/Regional Commercial (Growth area) The site is designated on the General Plan Land Use Map as Neighborhood Commercial/ Office and is located within the Oracle/Magee/Ina Growth area. The Growth areas are particularly suitable for planned multi -modal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses. Site Analysis, 3' Submittal- Town Council 2 Try Tucson Koi and Water Gardens PIN" WLB No. 113036-A-001 The Neighborhood Commercial designation is intended to provide services to the surrounding residents. According to the General Plan, these areas "must be developed for commercial and office uses..." Due to the existing General Plan designation of NCO, the location of the property in the Oracle/Magee/Ina Growth area, and the surrounding General Plan designations, the rezoning of the property to CN is appropriate. Refer to Exhibit E: Existing General Plan. d. Surrounding Building Heights The single family residences to the east are all single story homes approximately 20' in height. The commercial office and retail complex to the south are single story with an overall height of approximately 20'. The rear of the commercial center to the north and adjacent tire shop are approximately 20' as well. The parapets on the front of the center approach 30', consistent with the shopping center across Oracle Road. ps Existing office/retail building to south Tire shop located to the north of the site Refer to Exhibit C: Existing Land Uses. Site Analysis, 3" Submittal- Town Council 3 Tv�L� Tucson Koi and Water Gardens 1o.P WLB No. 113036-A-001 e. Pending Rezonings According to the Town of Oro Valley website, there are no pending rezonings in the vicinity of the project. f. Conditionally Approved Zonings According to the Town of Oro valley website, there are no conditionally approved zonings in the vicinity of the project. g. Surrounding Subdivisions & Development Plans North: Escondido Plaza (Bk. 27 Pg. 82) South: Suffolk Subdivision (Bk. 13 Pg.18) East: Suffolk Subdivision (Bk. 13 Pg. 18) West: Oracle Crossings (Bk. 61 pg. 39), Bonita Acres (bk. 24, pg. 25) 4. Location and Ownership of Wells/Well Sites within 100 Feet of Site According to the Arizona Department of Water Resources, there are no wells located within 100 feet of the project site. Site Analysis, 3" Submittal- Town Council 4 ryy� Tucson Koi and Water Gardens P.UP M WLB No. 113036-A-001 The TUCSON KOI & WATER GARDENS 2014.08.08 Ell01 1000, W LB WLB No. 113036-A-001 Gro�P. EXHIBIT A: LOCATION MAP I CR-1 CR-1 CR-1 LEGEND: R-S: RESIDENTIAL SERVICE DISTRICT (OV) R1-144: SINGLE-FAMILY RESIDENTIAL (OV) R1-36: SINGLE-FAMILY RESIDENTIAL (OV) C-2: COMMERCIAL ZONE (OV) CR-1: SINGLE RESIDENCE ZONE (PC) CR-4: MIXED -DWELLING TYPE ZONE (PC) CR-5: MULTIPLE -RESIDENCE ZONE (PC) SR: SUBURBAN RANCH ZONE (PC) TR: TRANSITIONAL ZONE (PC) I Pl.ft tl: Aug. N. 2014 'MOD ROM SUUB IECT PROVRTP R1-144\ \ SUFFOLK DR. R-S TR R-1 R1-l" R1-36 I 11 I-B. Topography The topography of the site is characterized by a gentle slope from east to west. A small wash bisects the property. The high point is near the northeastern corner at 2596' and the low point is at Oracle Road and the box culvert at 2580', a drop in elevation of approximately 16 feet, or roughly a 4% average slope. The site does not contain any regulated 15% slopes, restricted peaks/ridges, rock outcrops or other significant topographic features. No areas of this development are subject to the ESL Hillside Area Category. Refer to Exhibit F. Topography. Site Analysis, 3` Submittal- Town Council 10 nn eg Tucson Koi and Water Gardens MUMUB W LB No. 113036-A-001 I I I I 1 I I I 1 , I � I ------- co I 1 I I III, 1 IY" , ------------- ----------------------------- II I ff �l ------------------ SITE vwuea: Aug. 08. 2014 I-C. Hydrology 1. Description and map (aerial photograph) of perimeter of all off -site watersheds effecting, or affected by, the site, upstream and downstream. The site is designated as Zone 'X' per the FEMA Flood Insurance Rate Map (FIRM), Panel 04019C1680L, Revised June 16, 2011. However, the wash carries approximately 1,035 cfs and thereby, is locally regulated by the Town of Oro Valley. The off -site terrain of the upstream watersheds is mostly native desert vegetation, with a number of roadway crossings and residential development. The development in the upstream area was platted in the 1950s and therefore provides little, or no, detention. Refer to Exhibit G: Off -Site Hydrology. a. Notation of all balanced and critical basins. Per Town decree, the entire Town is classified as a critical basin. 2. Description of significant off -site features, natural or man-made, with above watersheds effected by, or affecting, the site. Upstream of the site, the low density nature of existing development allows most drainage to flow naturally. The site is impacted by approximately 1,035 cfs from the neighborhood to the east. 3. Acreage of upstream off -site watersheds. The upstream watershed that impacts the site is of comprised of approximately 90 acres. Refer to Exhibit G: Off -Site Hydrology. 4. Description of characteristics of onsite hydrology. A shallow wash bisects the project site running east to west. The bulk of the subject property is typical of the upland desert biome, featuring a mix of cactus, mesquites, palo verde, and other species. Pima County GIS data describes the soils as a mixed hydrological soil group. On -site hydrologic analysis has been performed with the Rational Method. The Runoff Coefficients were prepared using the Town of Oro Valley Drainage Criteria Manual, and are based on soil types noted in the National Resource Conservation Service soils study. The hydrologic soil type within the project boundary is comprised of 53% 'C' / 47% 'D'. The vegetative cover and density have been determined using recent aerial photographs and field reconnaissance. The rainfall data was determined using the Generalized I-D-F Curves as found within Figure 3-3 of the TOV Drainage Criteria Manual. Site Analysis, 3" Submittal- Town Council 12 Trfe Tucson Koi and Water Gardens m.p IUM W LB No. 113036-A-001 a. Approximate 100-year floodplains with discharges greater than, or equal to 50 cfs. The wash that bisects the project site discharges approximately 1,035 cfs. b. Areas of sheet flooding and average depths. The project site is not subject to sheet flooding based on the incised channel characteristics. C. Federally mapped floodways and floodplains The site is free of any federally mapped floodways and floodplains as illustrated within the FEMA FIRM Panel: 04019C1070L. The site is locally regulated by the Town of Oro Valley. d. 100-year peak discharges exceeding 50 cfs. The wash that bisects the project site discharges approximately 1,035 cfs. 5. A qualitative description of existing drainage conditions along the downstream property boundary. Oracle Road (ADOT) bounds the entire downstream property line. A 24 foot wide by 42 inch tall box culvert collects the drainage from the site and directs it under Oracle Road, west to the existing drainage facilities within the Oracle Crossings Shopping Center, Site Analysis, 3" Submittal- Town Council 13 rrf� Tucson Koi and Water Gardens DUN" V" W LB No. 113036-A-001 �•M+ f r fir. '# PROPERTY BOUNDARY fa �. rr n. � .•. , �,, •.i M �t• �...d. �. .,,ter+�� � ♦ M• ,. •TAP Oft ► �� r, ♦ * w ,� r • • 4.0 ON JAr MAGEE ROAD SUBJECT PROPERTY •• 'ter � 7 * t dll �n ,. . ,��r � .• ,. air _,,, � ,,:: ti N BM r /k «..♦ ♦ w f T a► :'x -.,,,. js. .R•." �.. - �.lti t fill M., v M 416 ' rA f T A . ,• 4 _ w , Ir .. ;; �lta � ]l' � I � Cam. The TUCSON KOI & WATER GARDENS 2014.06.08 ® 0' 1000• Da Aerial Photo le = 21113 woe Group EXHIBIT G: OFFSITE HYDROLOGY WLB No. 113036-A-001 In 0 h N 1, LEGEND: ESTIMATED 100-YEAR FLOODPLAIN WLB Group L'.111 W36 Tucson K.'A 0l Planning\Exhib.%Esh H. OnHyid.AE Pl fte : Aug. 08, 2014 2600 EROSION HAZARD � s ■ ----- ---------- --------- 1 I-D. Vegetation 1. Vegetative Communities. The vegetative community on the property is typical of the Sonoran Desert Scrub Region, Arizona Upland Subdivision, Palo Verde -Cacti -Mixed Scrub Series (David E. Brown: Biotic Communities). Typical species found in this biome include Creosote (Larrea tridentota), White Bursage (Ambrosia spp.), Saguaro (Carnegiea gigantea), Foothills Palo Verde (Cercidium microphylum), Velvet Mesquite (Prosopis velutina), Desert Hackberry (Celtis pallida), and Barrel Cactus (Ferocactus wislizenii). Other species onsite include Cercidium floridum, acacia greggii, acacia constricta, and mammilaria microcarpa, 2. Significant cacti and groups of trees and Federally -listed threatened or endangered species. The site's significant vegetation has been analyzed according to the requirements of the Oro Valley Town Code (Section 27.6). The site was inspected on February 11, 2014. Please refer to Exhibit H: Vegetation, for results of the analysis. The following significant plant species were found on the project site: Barrel Cactus (Ferocactus wislizenii), Blue Palo Verde (Cercidium floridum), Velvet Mesquite (Prosopis velutina), and Saguaro (Carnegiea gigantea). More dense and diverse vegetation occurs along the minor washes crossing the subject property. 3. Vegetative densities by approximate percentage of plant cover. As determined by field reconnaissance and analysis of aerial photographs, the subject property is characterized by undisturbed native scrub vegetation. A wash traverses the site from east to west. In some areas the wash contains mature vegetation. The density of the vegetation diminishes with distance from the wash. Refer to Exhibit l: Vegetation. Site Analysis, 3" Submittal- Town Council 16 Tub% Tucson Koi and Water Gardens �o�a WLB No. 113036-A-001 LEGEND: O SIGNIFICANT VEGETATION W/>4" CALIPER TRUNK CRITICAL RESOURCE AREA NOTES: NO ROCK OUTCROPS EXIST ON THE PROPERTY. NO DISTINCTIVE NATIVE PLANT STANDS EXISIT ON THE PROPERTY. SEVERAL SAGUARO SPEARS WERE NOTED ON SITE, ALL LESS THAN 4' TALL. DOMINANT TREE & SHRUB SPEICIES CONSIST OF CERCIDIUM FLORIDUM, PROSOPIS VELUTINA, ACACIA CONSTRICTA & CELTIS PALLIDA. DOMINANT CACTI SPECIES CONSIST OF OPUNTIA-CHOLLA VARIETIES, FEROCACTUS WISLIZENII, & CARNEGIEA GIGANTEA. .. O�77 ,PIIG., ENTER C SUBJECT of " PROPERTY .�� A+it 77 .+ , Pl,ft B Aug. OB, 2o1a �' Arizona's On-line Environmental Review Tool Scarch11):20140207022450 Pruicct Name: 1 13036 -1 ucson kui Date: 2'72014 12:07: 15 PM Project Location The Department appreciates the opportunity to provide in-depth comments and project review when additional information or environmental documentation becomes available Special Status Species Occurrences/Critical Habitat/Tribal Lands within 3 1 miles of Project Vicinity: Name Common Name FW5 USPS BLM State AbuUlon panshii Pima Indian Mallow SC S S SR Choerenycteris mezicana Mexican Long -tongued Bat SC S S WSC C FL fD II 0 0 0 0 o. w a Z 0 17 w ii co W Arizona's On-line Environmental Review Tool Search lD:20140207022450 Pniiect Name: 113036 Tucson koi Date: 2/7/2014 12:07:15 PM Please review the entire recelpt for project type recommendations and/or species or location information and retain a copy for future reference. If any of the information you provided did not accurately reflect this project, or if project plans change, another review should be conducted, as this determination may not be valid. Arizona's On-line Environmental Review Tool: 1. This On-line Environmental Review Tool inquiry has generated recommendations regarding the potential impacts of your project on Special Status Species (SSS) and other wildlife of Arizona. SSS include all U.S. Fish and Wildlife Service federally listed, U.S. Bureau of Land Management sensitive, U.S. Forest Service sensitive, and Arizona Game and Fish Department (Department) recognized species of concern. 2. These recommendations have been made by the Department, under authority of Arizona Revised Statutes Title 5 (Amusements and Sports), 17 (Game and Fish), and 28 (Transportation). These recommendations are preliminary in scope, designed to provide early considerations for all species of wildlife, pertinent to the project type you entered. 3. This receipt, generated by the automated On-line Environmental Review Tool does not constitute an official project review by Department biologists and planners. Further coordination may be necessary as appropriate under the National Environmental Policy Act (NEPA) and/or the Endangered Species Act (ESA). The U.S. Fish and Wildlife Service (USFWS) has regulatory authority over all federally listed species under the ESA. Contact USFWS Ecological Services Offices: http://arizonaes.fws.gov/. Phoenix Main Office 2321 W. Royal Palm Road, Suite 103 Phoenix, AZ 85021 Phone 602-242-0210 Fax 602.242-2513 Tucson Sub -Office 201 North Bonita, Suite 141 Tucson, AZ 85745 Phone 520-670-6144 Fax 520-670-6154 Flagstaff Sub -Office 323 N. Leroux Street, Suite 101 Flagstaff, AZ 86001 Phone 928-226-0614 Fax 928-226-1099 Disclaimer: 1. This is a preliminary environmental screening tool, It is not a substitute for the potential knowledge gained by having a biologist conduct a field survey of the project area. 2. The Department's Heritage Data Management System (HDMS) data is not intended to include potential distribution of special status species. Arizona is large and diverse with plants, animals, and environmental conditions that are ever changing. Consequently, many areas may contain species that biologists do not know about or species previously noted in a particular area may no longer occur there. 3. Not all of Arizona has been surveyed for special status species, and surveys that have been conducted have varied greatly in scope and intensity. Such surveys may reveal previously undocumented population of species of special concern. 4. HDMS data contains information about species occurrences that have actually been reported to the Department. Arizona Game and Fish Department Mission To conserve, enhance, and restore Arizona's diverse wildlife resources and habitats through aggressive protection and Page 2 of 7 APPLICATION INITIALS: lip A 0 7 c M a G)*: OR Ar'iZOna s On-line Environmental Review Tool Search ID: 20140207022450 Proicct Name: 113036 1 boson koi Date: 2'7.2014 12:07:1 i PM management programs, and to provide wildlife resources and safe watercraft and off -highway vehicle recreation for the enjoyment, appreciation, and use by present and future generations. Project Category: Development Within Municipalities (Urban Growth),Commercial/industrial (mall) and associated infrastructure,New construction Project Type Recommendations: Based on the project type entered: coordination with Arizona Department of Environmental Quality may be required (http://www.azdeq.gov/). Based on the project type entered, coordination with Arizona Department of Water Resources may be required (http://www water.az.gov/adwr/) Based on the project type entered: coordination with County Flood Control districts may be required. Based on the project type entered: coordination with State Historic Preservation Office may be required hftp://azstateparks.com/SHPO/index.htmi Based on the project type entered, coordination with U.S. Army Corps of Engineers may be required (http:l/www.spl.usace.army.mil/regulatory/phonedir.html) Communities can actively support the sustainability and mobility of wildlife by incorporating wildlife planning into their regional/comprehensive plans, their regional transportation plans, and their open space/conservation land system programs. An effective approach to wildlife planning begins with the identification of the wildlife resources in need of protection, an assessment of important habitat blocks and connective corridors. and the incorporation of these critical wildlife components into the community plans and programs. Community planners should identify open spaces and habitat blocks that can be maintained in their area, and the necessary connections between those blocks to be preserved or protected. Community planners should also work with State and local transportation planning entities, and planners from other communities, to foster coordination and cooperation in developing compatible development plans to ensure wildlife habitat connectivity The Department's guidelines for incorporating wildlife considerations into community planning and developments can be found at http://www.azgfd.gov/hgistguidelines.aspx. Development plans should provide for open natural space for wildlife movement, while also minimizing the potential for wildlife -human interactions through design features. Please contact Project Evaluation Program for more information on living with urban wildlife. During planning and construction, minimize potential introduction or spread of exotic invasive species. Invasive species can be plants, animals (exotic snails), and other organisms (e.g. microbes), which may cause alteration to ecological functions or compete with or prey upon native species and can cause social impacts (e.g. livestock forage reduction, increase wildfire risk). The terms noxious weed or invasive plants are often used interchangeably. Precautions should be taken to wash all equipment utilized in the project activities before and after project activities to reduce the spread of invasive species. Arizona has noxious weed regulations (Arizona Revised Statutes, Rules R34-244 and 133-4-245). See Arizona Department of Agriculture Page 3 of 7 APPLICATION INITIALS: r- tp Z 0 w 0 w rn D 0 0 o` a 0 m' w a co CA Arizona's On-line Environmental Review Too] Search I D: 20140207022450 Project Name: 113036 Tucson koi Date: 2/7.12014 12:07:15 PM website for restricted plants http:ltwww.azda.gov/PSD/quarantine5.htm. Additionally, the U.S. Department of Agriculture has information regarding pest and invasive plant control methods including: pesticide, herbicide, biological control agents, and mechanical control: http://www.usda.govtwps/portaVusdahome. The Department regulates the importation, purchasing, and transportation of wildlife and fish (Restricted Live Wildlife), please refer to the hunting regulations for further information http://www.azgfd_gov/h_f/hunting_rules.shtmi. During the planning stages of your project, please consider the local or regional needs of wildlife in regards to movement, connectivity, and access to habitat needs. Loss of this permeability prevents wildlife from accessing resources, finding mates, reduces gene flow, prevents wildlife from re -colonizing areas where local extirpations may have occurred, and ultimately prevents wildlife from contributing to ecosystem functions, such as pollination, seed dispersal, control of prey numbers, and resistance to invasive species. In many cases, streams and washes provide natural movement corridors for wildlife and should be maintained in their natural state. Uplands also support a large diversity of species, and should be contained within important wildlife movement corridors. In addition, maintaining biodiversity and ecosystem functions can be facilitated through improving designs of structures, fences, roadways, and culverts to promote passage for a variety of wildlife. Minimization and mitigation of impacts to wildlife and fish species due to changes in water quality, quantity, chemistry, temperature, and alteration to flow regimes (timing, magnitude, duration, and frequency of floods) should be evaluated. Minimize impacts to springs, in -stream flow, and consider irrigation improvements to decrease water use. If dredging is a project component, consider timing of the project in order to minimize impacts to spawning fish and other aquatic species (including spawning seasons), and to reduce spread of exotic invasive species. We recommend early direct coordination with Project Evaluation Program for projects that could impact water resources, wetlands, streams, springs, and/or riparian habitats. Planning: consider impacts of lighting intensity on mammals and birds and develop measures or alternatives that can be taken to increase human safety while minimizing potential impacts to wildlife. Conduct wildlife surveys to determine species within project area, and evaluate proposed activities based on species biology and natural history to determine if artificial lighting may disrupt behavior patterns or habitat use. The Department recommends that wildlife surveys are conducted to determine if noise -sensitive species occur within the project area. Avoidance or minimization measures could include conducting project activities outside of breeding seasons. The Department requests further coordination to provide project/species specific recommendations, please contact Project Evaluation Program directly. Trenches should be covered or back -filled as soon as possible. Incorporate escape ramps in ditches or fencing along the perimeter to deter small mammals and herptefauna (snakes, lizards, tortoise) from entering ditches. Project Location and/or Species recommendations: Heritage Data Management System records indicate that one or more listed, proposed, or candidate species or Critical Habitat (Designated or Proposed) have been documented in the vicinity of your project (refer to page 1 of the receipt). Please contact: Ecological Services Office US Fish and Wildlife Service 2321 W. Royal Palm Rd, Phoenix, AZ 850214951 Phone:602-242-0210 Page 4 of 7 APPLICATION INITIALS: 0. A O rt 3 C fD a Q*- oR Arizona's On-line Environmental RevieN� Tool Search 11):20140207022450 Proicct Name: 1 13036 l ucson koi Daie: 2!7'2014 12:07:15 PM Fax: 602-242-2513 Heritage Data Management System records indicate that one or more native plants listed on the Arizona Native Plant Law and Antiquities Act have been documented within the vicinity of your project area (refer to page 1 of the receipt). Please contact: Arizona Department of Agriculture 1688 W Adams Phoenix. AZ 85007 Phone. 602-542A373 Recommendations Disclaimer: I. Potential impacts to fish and wildlife resources may be minimized or avoided by the recommendations generated from information submitted for your proposed project. 2. These recommendations are proposed actions or guidelines to be considered during preliminary project development. 3. Additional site specific recommendations may be proposed during further NEPA/ESA analysis or through coordination with affected agencies. 4. Making this information directly available does not substitute for the Department's review of project proposals, and should not decrease our opportunity to review and evaluate additional project information and/or new project proposals. 5- The Department is interested in the conservation of all fish and wildlife resources, including those Special Status Species listed on this receipt, and those that may have not been documented within the project vicinity as well as other game and nongame wildlife. 6. Further coordination requires the submittal of this initialed and signed Environmental Review Receipt with a cover letter and project plans or documentation that includes project narrative, acreage to be impacted, how construction or project activity(s) are to be accomplished, and project locality information (including site map). 7. Upon receiving information by AZGFD, please allow 30 days for completion of project reviews. Mail requests to: Project Evaluation Program, Habitat Branch Arizona Game and Fish Department 5000 West Carefree Highway Phoenix, Arizona 85086-5000 Phone Number: (623) 236-7600 Fax Number: (623) 236-7366 Terms of Use By using this site, you acknowledge that you have read and understand the terms of use. Department staff may revise these terms periodically. If you continue to use our website after we post changes to these terms, it will mean that you accept such changes. If at any time you do not wish to accept the Terms, you may choose not to use the website. 1. This Environmental Review and project planning website was developed and intended for the purpose of screening projects for potential impacts on resources of special concern. By indicating your agreement to the terms of use for this website, you warrant that you will not use this website for any other purpose. 2. Unauthorized attempts to upload information or change information on this website are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and/or the National Information Infrastructure Protection Act . 3. The Department reserves the right at any time. without notice, to enhance, modify, alter, or suspend the website and to terminate or restrict your access to the website. 4. This Environmental Review is based on the project study area that was entered. The review must be redone if the project study area, location, or the type of project changes. If additional information becomes available. this review may need to be reconsidered. Page 5 of 7 APPLICATION INITIALS: M 3 rr m 0 0 3 3 0 3 f a m c M' 0 0 A 0 0 _rt 3� C 7l g -- u) m Z 0 w_ . u1 w = N wow rn D c c m- rn 0 0 0 c 0 ro W 0 C Arizona's On-line Environmental Review Tool Search ID: 20140207022450 Project Name: 113036 Tucson koi Date: 2/7/2014 12:07:15 PM 5. A signed and initialed copy of the Environmental Review Receipt indicates that the entire receipt has been read by the signer of the Environmental Review Receipt. Security: The Environmental Review and project planning web application operates on a complex State computer system. This system is monitored to ensure proper operation, to verify the functioning of applicable security features, and for other like purposes. Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity, system personnel may provide the evidence of such monitoring to law enforcement officials. Unauthorized attempts to upload or change information; to defeat or circumvent security measures; or to utilize this system for other than its intended purposes are prohibited. This website maintains a record of each environmental review search result as well as all contact information. This information is maintained for internal tracking purposes. Information collected in this application will not be shared outside of the purposes of the Department. If the Environmental Review Receipt and supporting material are not mailed to the Department or other appropriate agencies within six (6) months of the Project Review Receipt date, the receipt is considered to be null and void, and a new review must be initiated. Print this Environmental Review Receipt using your Internet browser's print function and keep it for your records. Signature of this receipt indicates the signer has read and understands the information provided. Signature: Date: Proposed Date of Implementation: Please provide point of contact information regarding this Environmental Review. Application or organization responsible for project implementation Agency/organization: Contact Name: Address: City, State, Zip: Phone. E-mail: Person Conducting Search (if not applicant) Agencylorgan ization: Page 6 of 7 APPLICATION INITIALS: m X S D N 0 d G1 a M d 0 a to M M .r m 0 3 3 m 3 r. d ro M 0 0 *--i rC: 00U) Z o o � p Arizona's On-line Environmental Review Tool Search II)_ 20140207012450 Project Name: I I303G I ucson koi Date: 117 2014 12:07:15 Pdt Contact Name: Address: City, State. Zip: Phone: E-mail: Page 7 of 7 APPLICATION INITIALS: I-F. Viewsheds 1. Views onto and across the site from adjacent properties that may be blocked by development of the site. The views onto the site include the desert native vegetation and wash area. The site will leave areas around the wash undisturbed and provide landscaping consistent with the desert environment. The prominent view across the site is to the northwest of Pusch Ridge. This is visible traveling north on Oracle Road. The view is partially obstructed by the large commercial development to the north, power lines and existing vegetation. The secondary view across the site is from the single family homes south west towards the Tucson Mountains. This view is obstructed by the existing vegetation on the site and the commercial development across Oracle road. Tucson Mountains to the southwest across site Northeast to Pusch Ridge across site from the loading area to the north The proposed development will be small in scale and include the use of landscaping to help mitigate any impacts. No significant impacts to the view shed are anticipated as a result of this project. Refer to Exhibit K: Viewsheds and Site Visibility. 2. Areas of high visibility from adjacent off -site locations. The site is located between two commercial centers with heights ranging from approximately 20' to 30' in height. In addition, the property to the north sits elevated above the project site. The sites gradient is consistent with Oracle Road and the existing neighborhood to the east making much of the site minimally visible from offsite locations other than from the rear of the commercial to the north. Refer to Exhibit K: Viewsheds and Site Visibility. Site Analysis, 3' Submittal- Town Council 25 TtLe Tucson Koi and Water Gardens r��e W LB No. 113036-A-001 The TUCSON KOI & WATER GARDENS 2014.06.06 ® 0. 60' wo P� EXHIBIT K: VIEWSHEDS & SITE VISIBILITY WLBNo. 113036-A-001 I-G. Traffic 1. All existing and proposed off -site streets between the development and the nearest arterial streets. No streets are proposed with the project. Access to the property will be from a new driveway connecting to Oracle Highway. 2. All arterial streets within one mile of the project site. Existing Ultimate Travel Speed ADT Surface Scheduled Road Section Capacity ROW ROW Lanes Limit (PAG) Conditions Improvements Magee Rd. to Ina Rd. 180-200' 200' 6 45,000 50 55,000 Paved None Oracle Rd. Magee Rd. to Hardy 180'-200' 200' 6 45,000 50 46,000 Paved None Rd. Oracle Rd. to 15 Paved w/ Under Magee Rd. La Canada varies 150' 2,4 30,000 35-45 14,146 sidewalk construction Oracle to Christie Dr. 150' 150, 2 15,000 25 1,893 Paved Completed N. Northern Rd. Ina to Hardy 150, 150' 2 15,000 35 8,782 Paved None Paved w/ Magee Rd to Ina Rd 150, 150' 4 30,000 25 7,869 Completed sidewalk La Canada Dr. Magee Rd. to Paved w/ 150' 150, 4 30,000 25 7,213 Completed Overton Rd. sidewalk 3. Existing and proposed intersections on arterials within one mile of the site, most likely to be used by traffic from this site. The intersections of Oracle Road and Magee Road and Oracle Road and Ina Road will be utilized the most by traffic from this project. Refer to Exhibit L: Major Roads. 4. Existing bicycle and pedestrian ways adjacent to the site and their connections with streets, parks, and schools. A striped, 10' wide paved shoulder is available to bicyclists and pedestrians along Oracle Road. No sidewalks or multi -use paths occur north or south of the project site due to the fact that ADOT discourages pedestrian facilities within their rights -of -way. Site Analysis, 3` Submittal- Town Council 27 Tucson Koi and Water Gardens Rev" ev" WLB No. 113036-A-001 The � TUCSON KOI & WATER GARDENS 20111303fi Grog EXHIBIT L: MAJOR ROADS WLB NoN.T.S.3fi-A-007 Group N.T.S. I-H. Recreation and Trails 1. Trails, parks and recreation areas within one mile of site. The Town of Oro Valley Bikeways map shows an existing paved shoulder along Oracle Road. The paved shoulder is approximately 10' in width. No changes are proposed as a result of this project. The Tohono Chul Park is located approximately 0.50 miles south west of the site. 2. Size and type of the parks and recreation areas identified. The Tohono Chul Park is a 49-acre desert preserve that hosts a museum, tea room, and special events. Refer to Exhibit N: Schools and Trails 1-I. Cultural/Archaeological/Historic Resources 1. Determine whether the site has been field surveyed for cultural resources. The site has not been field surveyed. In compliance with the Arizona State Museum recommendations, the site will be surveyed prior to any ground disturbing activity. Refer to Exhibit M: Arizona State Museum Records Check Letter. Identify any previously recorded archaeological or historic resources known to exist on the property. The site has not yet been surveyed for cultural resources. The Arizona State Museum states that four historic properties exist within one mile of the site and "significant cultural resources are recorded in the region" As the site is surrounded by development on three sides it is unlikely that any significant finds will be made. State the probability that buried archaeological resources not visible from the surface would be discovered on the site. The Sonoran Desert Conservation Plan identifies nearly all of Oro Valley as likely to contain archaeological resources. It is possible, however unlikely, that cultural resources may be uncovered during construction. Should items be discovered, a professional archaeologist will evaluate the resources identified and treated them according to State and local antiquities laws. Site Analysis, 3` Submittal- Town Council 29 rrf� Tucson Koi and Water Gardens DNA" WLB No. 113036-A-001 M. Cultural/Archaeological/Historic Resources (Continued) Exhibit M: Arizona State Museum Records Check Letter A THE UNIVERSITY OF ARIZONA. 1, ARCHAEOLOGICAL SITE RECORDS SEARCH RESULTS E-mail Request Received: 12/30/2013 Search Completed: 2/6/2014 Requester Name and Title: Clay Goodwin, Land Planner Company: The WLB Group, Inc. Address: 4444 East Broadway Boulevard City, State, Zip Code: Tucson, Arizona 85711 Phone/Fax/or E-mail: 881, 7480 Project Name and/or Number Project Description Tucson Koi / 113036-A-001/ Parcel 22512-011A & -012A Retail plant nursery & demo garden on —2.79 ac Project Area Location: SEC Oracle & Magee Rds, Town of Oro Valley, Pima County, Arizona. Legal Description: a portion of N%, NW, S36, T12S, R13E, G&SR B&M, Oro Valley, Pima County, AZ. Search Results: A search of the archaeological site files retained at the Arizona State Museum (ASM) found that the proposed project area has not been inspected for historic properties. No historic properties are recorded in the project area; four historic properties are recorded within a mile radius. Thirty-six archaeological inspections were completed between 1981 and 2012 within a mile of the project area. A color orthophotograph taken in 2012 depicts an unmodified ground surface covered with native vegetation. Paved roads and commercial and residential property developments surround the project area. A small natural drainage bisects the project area from east to west. Sites in Project Area: Unknown; without an intensive inspection of the ground surface in the proposed project area, it is impossible to ascertain the presence or absence of historic properties. Recommendations: Because the subject parcel has not been inspected for cultural resources and because significant cultural resources are recorded in the region, the ASM recommends that the parcel be inspected by a qualified archaeological professional in advance of any ground -disturbing construction A professional archaeological contractor will conduct a thorough pedestrian inspection of the ground surface in the area of the proposed development, looking for evidence of significant historic or prehistoric remains, and will provide you with a report of the results of the inspection. The report will also contain the archaeological contractor's recommendations for additional archaeological work, if any, that may be needed in the project area. A list of qualified archaeological contractors is maintained on the ASM website posted at the following address: http://www.statemuseum.arizona.edu/crservices/permits/index.shtmi Pursuant to Arizona Revised Statutes §41-865 et seq., if any human remains or funerary objects are discovered during the project work, all effort will stop within the area of the remains and Dr. Todd Pitezel, ASM assistant curator of archaeology, will be contacted immediately at (520) 621-4795. If you have any questions about the results of this records search, please contact me at the letterhead address or the phone number or E-mail address as follows. Sincerely, Nancy E. Pearson Assistant Permits Administrator (520)621-2096 nepears0(cDemall. arlZOna. ed U OcEt Site Analysis, 3" Submittal- Town Council 30 Tl% Tucson Koi and Water Gardens MuPIAMB WLB No. 113036-A-001 m m :E�c m U) o Z3 0. C) W:� o�_ WQC D C 6 C O N A Q CD _ to C °cm WLB Grp: ORO VALLEY, SEC Oracle & Magee Rds SCALE 1 : 949 50 0 50 100 150 1 FEET http:llgis pima.gov/maps/mapguide/dotmap65.mwf Thursday, February 06, 2014 11:10 AM 9 N rF 0 A rD LA 0 C n rD n 0 3 .�r 7 C rD 0. I-J. Schools There are a total of six schools located within one mile of the proposed rezoning: Immaculate Heart Academy: 0.4 miles to the northeast of the site on Magee Road Immaculate Heart High School: 0.4 miles to the northeast on Magee Road The Learning Lab North: 0.4 miles to the south of the site on Oracle Road Edge High School Northwest: 1 mile south of the site on Giaconda Way Harelson Elementary School: 0.5 miles to the south west of the site on Chapala Drive Cross Middle School: 0.8 miles to the southwest on Chapala Drive The proposed rezone will not have any impact on the local schools. The proposed project will rezone property allowing commercial development. No students will be added to the schools as a result of this project. Further, this project will not add any additional traffic impacts to the streets where the schools are located. Refer to Exhibit N: Schools and Trails. I-K. Water Tucson Water is the service provider for this property. A "will serve" letter was received on April 23, 2014. There is an 8" PVC water line within the alley to the rear (east) of the property. Refer to Exhibit O Water Availability Letter I-L. Sewers An 8" VCP sewer line runs in the alley to the rear (east) of the property. A manhole, identified as IMS 8662-10 is located in the alley at the wash. Refer to Exhibit P: Existing Sewer System IJ Site Analysis, 3" Submittal- Town Council 32 T`he- Tucson Koi and Water Gardens G"..PlAffX WLB No. 113036-A-001 The TUCSON KOI & WATER GARDENS 2014.08.08 �� P� EXHIBIT N: SCHOOLS, PARKS AND TRAILS WL8NoN.T.S.6-A-001 N.T.S. Water Availability Letter April 23, 2014 WLB Group 4444 E Broadway Blvd CITY OF Tucson, AZ 85711 TUCSON Attn: Linda Thompson TucsoN WAi-" DaPAR,,.,rNT SUBJECT: Water Availability for project: Tucson Koi & Water Garden, APN: 22551012A, 2255101IA, Case #: WA1563, T-12, R-13, SEC-36, Lots: 99999999, Location Code:ORO, Total Area: 2.8ac Zoning:Rl-144 WATER SUPPLY Tucson Water will provide water service to this project based on the subject zoning of the above parcels. Tucson Water has an assured water supply (AWS) designation from the State of Arizona Department of Water Resources (ADWR). An AWS designation means Tucson Water has met the criteria established by ADWR for demonstration of a 100-year water supply — it does not mean that water service is currently available to the subject project. WATER SERVICE The approval of water meter applications is subject to the current availability of water service at the time an application is received. The developer shall be required to submit a water master plan identifying, but not limited to: 1) Water Use; 2) Fire Flow Requirements; 3) Offsite/Onsite Water Facilities- 4k.Loops:_and__PmPoscd Cannentinn Pnintc to-ExistingWafer Systemand_5) Easements/Common Areas. Any specific area plan fees, protected main facility fees and/or other needed facilities' cost, are to be paid by the developer. If the existing water system is not capable of meeting the requirements of the proposed development, the developer shall be financially responsible for modifying or enhancing the existing water system to meet those needs. This letter shall be nuU and void two years from the date of issuance. Issuance of this letter is not to be construed as agency approval of a water plan or as containing construction review comments relative to conflicts with existing water lines and the proposed development. If you have any questions, please call New Development at 791-4718. Sincerely, chlad , P.E. Engineering Manager Tucson Water Department SS:kaI r�l CC:File NEW DEVELOPMENT • P.O. BOX 27210 • n1CSON. AZ 85726-7210 (520) 791-4718 • FAX (520)791-2501 • TTY (520) 791 2639 • w%ti .cayoftucson.org Site Analysis, 3` Submittal- Town Council 34 TrL� Tucson Koi and Water Gardens o�P WLB No. 113036-A-001 I I PART II — LAND USE PROPOSAL PROJECT OVERVIEW The proposed project will consist of a retail landscaping business offering koi fish, nursery stock and related items. A small office and show room will be constructed on the southern property along with outdoor plant storage and sales. The northern lot will include a gazebo, plants and koi ponds and landscaping showcase/demonstration garden. The wash is proposed to remain undisturbed and a small foot bridge constructed over it connecting the two lots. Access will be from Oracle Road in the southwest corner of the project site. Approximately 18 parking stalls will be provided. Landscaped buffers, both natural and enhanced, will provide a transition between the proposed development and surrounding properties. The project proposed 1.5± or 53% of the site to remain as open space. The proposed project as a whole will provide an aesthetically pleasing, low impact transition between Oracle Road and the existing residential neighborhood to the east. Site Analysis, 3" Submittal- Town Council 37 Tr Tucson Koi and Water Gardens WMMB WLB No. 113036-A-001 Exhibit R: Tentative Site Plan Site Analysis, Vu Submittal- Town Council 38 Try Tucson Koi and Water Gardens Op� WLB No. 113036-A-001 I m m m m s II -A. Land Uses The proposed rezoning includes two properties, 225-51-011A and 255-51-012A. The northern property, 255-51-011A is designated as RS, Residential Service district. The southern property, 255-51-012A is designated as 131-144, Single Family Residential. The underlying General Plan designation is Neighborhood Commercial/Office (NCO) and is identified as the Oracle/Magee/Ina Growth Area. The site is currently vacant but surrounded by development on four sides. There are commercial centers to the north, south and west across Oracle Road. The proposed development will have a positive impact on the surrounding land uses. The retail component will complement the surrounding business activity. The low impact of a landscape nursery and koi garden will provide a gentle transition to the neighboring residential uses. In addition the project proposes to leave the wash area and most of the perimeter landscaping undisturbed. Site Analysis, 3" Submittal- Town Council 40 T�� Tucson Koi and Water Gardens RaUMLB WLB No. 113036-A-001 m II-B. Topography The Tentative Site Plan avoids disturbance of on -site washes. Minor disturbance is proposed for utility and pedestrian crossings. Grading of the site will generally follow the existing terrain, not requiring extensive alteration of the natural topographic character of the site. Exhibit Q: Tentative Site Plan and Exhibit T. Proposed Grading. II-C. Hydrology 1 N 3 A description of how the TDP responds to hydrologic characteristics described in Part I. Drainage infrastructure will be designed to convey off -site stormwater through the site, maintaining the current outlet points. Runoff will remain largely within the existing channel. Increased runoff produced by the proposed development will be minimal and directed into detention basins provided to mitigate the runoff to pre -development levels. The reduced runoff will then be discharged into the existing, natural channel and ultimately off -property in the existing manner. Additionally Tucson Koi and Water Garden plans to showcase rainwater harvesting devices which to a smaller degree provide for additional stormwater runoff mitigation. Information and substantiation for encroachment/modification of drainage patterns. There will be no significant change to the existing drainage patterns. Off -site runoff will be accepted onto the site and conveyed west within the existing, natural channel to the box culvert under Oracle Road. The existing box is approximately 24' feet wide by 42" tall. Potential drainage impacts to off -site land uses upstream and downstream. The potential drainage impact caused by the proposed development of this property will be negligible. The design will provide proper mitigation to pre -development discharge levels, and the existing drainage paths moving off -site will not be affected. 4. Description of engineering and design features to be used to mitigate drainage and erosion problems. Site Analysis, 3` Submittal- Town Council 42u�� Tucson Koi and Water Gardens roue AMB WLB No. 113036-A-001 Drainage channels will be used as necessary throughout the development to accept increased development run-off. Erosion protection for any side slopes steeper than 3:1 and velocities greater than 5 fps will be dumped riprap and/or grouted riprap where flow velocities are erosive. Landscaping and revegetation will be required to reduce the amount of erosion and sediment displacement for any areas disturbed by the development. Any areas not impacted by the development will remain in their natural state. 5. Description of how the TDP conforms to area plans, basin management plans and Town policies. Small, landscaped detention basins will be utilized as necessary to reduce post - development flows according to Town policies and standards. The site does not lie within any federally mapped floodway or floodplain, and is subject to local jurisdictional requirements only. II-D. Vegetation Vegetation within the wash area onsite will be left undisturbed. Where development is proposed, native plants will be inventoried and viable specimens will be transplanted per the Town's Native Plant Preservation Ordinance. II-E. Wildlife The project site is surrounded by development on all sides. The wash flows through the site from east to west. Upstream the wash continues through the residential neighborhood where some illegal dumping and channel alterations have occurred. To the west the wash travels under Oracle Road and continues to the commercial property on the west side of Oracle. The wash flows under the parking lot of the commercial center before day lighting in a retention basin on the north western portion of the shopping center. The existing commercial shopping center limits the amount of wildlife activity on the site. The site proposes to leave the wash largely undisturbed. This project will not further restrict wildlife movement. II-F. Buffers A buffer yard "B", 15-foot minimum is provided along the southern and eastern property lines. A 30-foot buffer is required along Oracle Road and although not required a 10' buffer yard will be provided along the northern portions of the property. Site Analysis, 3` Submittal- Town Council 43 TIT% Tucson Koi and Water Gardens roux WLB No. 113036-A-001 II-G. Viewsheds The prominent view across the site is Pusch Ridge to the northwest. This is visible traveling north on Oracle Road. The view is partially obstructed by the large commercial development to the north, power lines and existing vegetation. The secondary view across the site is from the single family homes south west towards the Tucson Mountains. This view is obstructed by the existing vegetation on the site and the commercial development across Oracle road. The proposed development will be small in scale and include the use of landscaping to help mitigate any impacts. The height of the primary structure will be 25± feet and the greenhouses will not exceed 18 feet. No significant impacts to the view shed are anticipated as a result of this project. II-H. Traffic The site will be accessed via a new driveway constructed on the southern property, connecting to Oracle. The driveway will be approximately one quarter of a mile south of the signalized intersection of Magee and Oracle Roads, and one quarter of a mile north of the signalized intersection of Suffolk Drive and Oracle Road. As required by ADOT, the entrance driveway approach will be a minimum or 35-feet, with 35 foot radii. The driveway will taper down to 24-feet as required by Oro Valley. A total of 18 parking stalls will be provided. A maximum of three to five employees are expected to be on the site at anytime. Assuming that each employee drove to work, that would leave 13 parking stalls open to the general public. To comply with Oro Valley code Section 23.8.B.6.c all parking has been relocated behind the primary structure. However, parking will still be screened from the adjacent residential uses to the east by two greenhouses and the required landscape buffer. Conditions of Approval o Engineering Condition #1 An easement and in -lieu fee will be made for the future construction of the sidewalk along Oracle Road. Should the money not be utilized in 10 years, the applicant will be refunded the amount deposited. o Engineering Condition #2 The Tentative Development plan has been modified to provide adequate onsite maneuvering areas. o Engineering Condition #3 The Tentative Development Plan has been modified to provide a 4-foot free and clear sidewalk. o Engineering Condition #4 Access to the project will be off Oracle Road, references to shared access to the south have been removed. Site Analysis, 3` Submittal- Town Council 45 Tl�% Tucson Koi and Water Gardens droue WLB No. 113036-A-001 3 II -I. Recreation and Trails A striped 10' wide striped shoulder exists along Oracle Road, and is included on the Oro Valley Bikeways Map. No changes are proposed to the shoulder. As required, by Oro Valley Code, Section 27.7.F.2 two bicycle class one facilities will be provided. II-J. Cultural/Archaeological/Historic Resources 1. Determine whether the site has been field surveyed for cultural resources. The subject property has not been surveyed for cultural resources, however as recommended by the Arizona State Museum, the site will be surveyed prior to any ground disturbing activity. 2. Identify any previously recorded archaeological or historic resources known to exist on the property. There are no known recorded archaeological or historic resources that exist on the site. However, as recommended by the Arizona State Museum, the site will be surveyed prior to any ground disturbing activity. 3. State the probability that buried archaeological resources not visible from the surface would be discovered on the site. Because significant cultural resources do exist in the region, it is possible, however unlikely, that cultural resources may be uncovered during construction. In that unlikely event, the ASM recommends that the professional archaeologist evaluate the exposed material before any work continues in the area of the discovery. Condition of Approval o Planning #1 A Cultural Resource survey will be completed prior to the Final Site Plan. II-K. Schools The proposed rezone will not have any impact on the local schools. The proposed project will rezone property allowing commercial development. No students will be added to the schools as a result of this project. Further, this project will not add any additional traffic impacts to the streets where the schools are located. Refer to Exhibit N: Schools, Parks and Trails II-L. Water Tucson Water is the service provider for this property. An 8" PVC main runs north and south in the alley. The project will make connection with this main. Site Analysis, 3` Submittal- Town Council 46 T�� Tucson Koi and Water Gardens MN" W LB No. 113036-A-001 II-M. Sewers Due to the small scope of this project, Pima County Regional Wastewater Reclamation Department indicated that the project will not have a significant impact on the system and provided a waiver, Exhibit U. An 8" VCP sewer line runs in the alley to the rear (east) of the properties. An existing manhole is located in the alley at the wash. Refer to Exhibit U: Pima County Regional Wastewater Reclamation Department Capacity Response Letter. Site Analysis, 3` Submittal- Town Council 47 Tucson Koi and Water Gardens MIP IIv M W LB No. 113036-A-001 II-M. Sewers (Continued) Exhibit V: Pima County Regional Wastewater Reclamation Dept. Capacity Response Letter Alk PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT 201 NORTH STONE AVENUE I UCSON, ARIZONA 85701-1207 JACKSON JENKINS PH: (520) 724-6500 DIRECTOR FAX: (520) 724-9635 Sewer Capacity Waiver .-Dtk - y Purpose: This document shall serve as an accounting of sewage flow estimates and will be associated with permitting Bu,lding Plans, Tentative Plats, Development Plans, and Site Plans. Date: 1 /22/2014 Project Name: Tucson Koi and Callus Nurse Site Analysis, 3" Submittal- Town Council 48 �tL� Tucson Koi and Water Gardens roue WLB No. 113036-A-001 NOTICE OF PUBLIC HEARING TOWN COUNCIL Wednesday, September 3, 2014, 6 p.m. Oro Valley Town Hall, 11000 N. La Canada Dr. Oro Valley, Arizona Public Hearing: Rezoning of 2.8 acres from R1-144 and R-S to C-N, located on the east side of Oracle Road, approximately % mile south of Magee Road. The request is for a proposed retail plant nursery, showroom and sales area for Tucson Koi & Water Gardens. The applicant is also requesting to utilize the modified review process enabled by the Environmentally Sensitive Lands (ESL) section of the Zoning Code, OV914-001. Public Hearing: Conditional Use Permit for proposed Plant Nursery, located on the east side of Oracle Road, approximately % mile south of Magee Road. The request is for a proposed retail plant nursery, showroom and sales area for Tucson Koi & Water Gardens, OV814-001. The public is encouraged to attend and will be invited to speak. An agenda for this meeting will be made available at least 24 hours prior to the meeting time and can be viewed at www.orovalleyaz.gov. Contact Michael Spaeth, Senior Planner, at (520) 229-4812 or mspaeth(a-orovalleyaz.gov. Town of Oro 44!lv-: �.:-� neopost"' FIRST-CLASS MAIL Dev. lnfrastru(p- ,!),R kqer� jAes 08/15'2014 11000 N Lac 10 0. Ja 4 0 Oro Valley Az m"T� ZIP 85737 0-41L11244008 NOTICE OF PUBLIC HEARING Monterra Ridge (1-166) Monterra Hills HOA PO Box 17539 N I X! 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Infrastruc iurg,_Sery . s 08 15/2014 Q 11000 N La Cal ,da ,.=T,.: - • 00.34` Oro Valley AZ 49737 ti ZIP 85737 0411-11244008 NOTICE OF PUBLIC HEARING Rancho De Oro (1-42) Wildridge at Rancho De Oro West PO Box 17539 NIXIE 850 7 E 1009 0008/17 f 14 RETURN TO 5E{VDER NC T DELIVEPQBLE AS ADDRESSED Delivered as, UNABLE TO P OR W R D 8C' 857377015599 EEddtt 111*FFlf18141-g01J8g61€48-15-40 4�i�1��ifEtS{�iig�l���i�����tfi$Ilati3������p��•���Iltla�l�!��Ir.� Town of Oro Valley Dev. Infrastructure Services 11000 N La Canada Oro Valley AZ 85737 NOTICE OF PUBLIC HEARING nzoposti, 08/15/2014 FIRST-CLASS MAIL r ZIP 85737 041L11244008 Wildridge at Rancho De Oro West Wildridge PO Box 17539 RETi3RN TO SENDER Delivered as N0T DEL2VER.ABLE AS ADDRESSED lisa�1��3ai9iliaa���i�3.��..4aa��..dq!.9,3is'.13�� Town of Oro VaUP4 neopostile Dev. InfrastructuM �i_q* 08/15/2014 11000 N La Can;;44 Oro Valley AZ 85737 FIRST-CLASS MAIL ZIP 85737 041L11244008 NOTICE OF PUBLIC HEARING Sunridge Estates PO Box 68287 Oro Valley, AZ85737 S NIXIE 850 7E 1009 0008/17/14 Delivered a I RETURN 00 SENDER NOT DEI TkiFRAFtl F UNASL E _ Td F '6 R W_ A F_ D' - - - - - - SC 85737791.599 *2214-16Z82-15-43 114111111111 1111 All -I'll Town of Oro Vail Dev. I nfrastruc`ie;e ryjGes 11000 N La Cara'd: Oro Valley AZ $t73f neoposr,'' 06/24l2014 .0 � 0 0 . 34 ° ZIP 85737 041L11244008 NOTICE OF PUBLIC HEARING FIMBRES ANTHONY R 7879 N VILLAGE AVE TUCSON AZ M 1'kT F At TES 41t 1 009 8t;mf. I = g rP 1,4, Delivered a: RETURN TO S�NDEg 11NHR! "�e'9 i0-0 Wtl F':"5 SC: 85737701.599 ,1k peQJPLEY. 4 R/2�'yy Town of Oro Valley — Public Hearing Update Planning and Zoning Commission F' July 1, 2014 6:00 PM F�</NDED 0a Town Council Chambers Public Hearing: Tucson Koi & Water Gardens Rezoning located on the east side of Oracle Road approximately % mile south of Magee Road, OV914-001 This notice is intended to remind you of the Planning and Zoning Commission Public Hearing scheduled for Tuesday, July 1, 2014. The Commission and Town Council's future consideration of the rezoning case may be the final public meetings on the project site design. The Zoning Code provides for Town Council discretion to modify the site plan review process. The architecture of the homes will be considered by the Conceptual Design Review Board at a later date. For further information and questions please contact Chad Daines, AICP, Principal Planner, at (520) 229-4896 or cdaines@orovalleyaz.gov. A Town of Oro Va ley r Dev. Infrastruct' r irvi s neoposc' 11000 N La Can ",.;' $5� 06/13/2014 DIMMER Oro Valley AZ NOTICE OF PUBLIC HEARING Canada Hills Village 16 (1-33) (Windrose III) Canada Hills Village 16 ZIP 85737 041L11244008 1073o N. Eagle Eye Place NIXIE 850 5E 1009 000611/18/14 RETURN TO BE-,D`N Delivered as NOT DELIVERAirLE As �DDRESsEED UNABLE; 0 , OFWARD BC: 8573770,600 5'377 ,6004 yy [[*2 g2g14-0gg7y4pr273g-13-640 Isill�f �ll�i�il3 ��l�Ii�S14'��Ii�51 I1YSYIY�Y 317i 911141�1�;Slll dill A LJ -zC'4 i Town of Oro VaTIQ', Dev. Infrastruct . Is Y, I 11000 N La Can iAt" J' Oro Valley AZ d** �., i* neoposV 06/13/2014 1; Lem "t a 11.1 ffti $00-390 NOTICE OF PUBLIC HEARING Rancho De Oro (1-42) Wildridge at Rancho De Oro West PO Box 17539 ZIP 85737 041L11244008 N I X.1 FE 8 S 0 AIEW 1009 85051ij-8/14 RETURN TO SENDER Delivered a ATTEMPTF�-D - NOT KNOWN UNABLE TO FORWARD SC: 85737701599 *2014-06415-13-40 Town of Oro Valley Dev. Infrastructure Services 11000 N La Canada Oro Valley AZ 85737 neopost`"' 06/13/1014 -f $00.392 Q1: `I.1• y � _ NOTICE OF PUBLIC HEARING Oro Valley Estates Oro Valley Counctry Club Estates Oro Valley, AZ85737 3e gred as Addressed or Current Resident ZIP 85737 041L11244008 Town of Oro Val 1 r{'t. Dev. Infrastruc ` ' l '`ri" ices 11000 N La Canidil )" ":,"_;. Oro Valley AZ 137, neopostO 06/13/2014 �? Ml $00.392 ZIP 85737 041L11244008 NOTICE OF PUBLIC HEARING Wildridge at Rancho De Oro West Wildridge PO Box 17539 ip C a17 = -1 (lei A [1 NIXIE 850 5E 1009 0$t�6J181�4 RETURN TO SENDER Delivered as ATTEMPTED - NOT KNOWN L A+3 I-E TO FORWARD 8C' 85737701599 *2q014-06595-13-40 1111I1' Ill III11IIIIII,}11I1Ill i1141Ii1IIIIIIll 1111II1111111111111 Town of Oro Valley P O Dev. Infrastruc�yre, fi�rvrices G ®1 014 .,.. , 11000 N La Canada; Oro Valley AZ 'btMt" ZIP 857.87 •� 041 L11244008 NOTICE OF PUBLIC HEARING Moonridge (1-48) Moonridge Oro Valley HOA PO Box 17539 NIXIE 850 4c 1@u9 8606/1.8/14 RETURN TO SENDER Delivered as ATTE MP TE D - NOT KNOWN i i NAELE TO --ORWAFD i 8C, 85737701600 *1914-03584-13-140 11W111ill�I�; Town of Oro Valley y neoposL- Dev. Infrastructure Services 06,13i2014 11000 N La Canada ., $00.390 Oro Valley AZ737 ••i 'r ZIP 85737 0411-11244008 NOTICE OF PUBLIC HEARING Monterra Ridge (1-166) Monterra Hills HOA PO Box 17539 NIXIE 850 4E 1009 8606/18/14 RETURN TO SENDER, Delivered a: ATTEMPTED - NOT KNOWN UNABLE TO FORWARD SC; 85737701600 *1914-03901-13-40 Town of Oro VM1:==`' Dev. lnfrastrucf%5 tvices neODOSt 11000 N La CanW i'U`4 ' 1' asii 32014 Oro Valley AZ 85737- 00. �- 0 ZIP 85737 -, 041L11244008 NOTICE OF PUBLIC HEARING Canada Hills - Village io BLK 1 (1-5) BLK 2 (6-49) Canda Hills Village 10 HOA 1775 W. Winbledon Way X 850 N7E 100951310006%14j14 C 1917 i:SARfr9 I iME Y YP ATPU if'S C=m!9 �ANADA HILLS �IL �Aut 10 HQAk Delivered as . � 157 3 °T � = c �, WAY oR_n VAI-1 EY a7 85737-9018 RETURN TO SENDER Town of Oro V�tteX:A:neopos6/13/ f c Dev. Infrastruc� pry es 0 11000 N La Ca a? 6/13/2014 Oro Valley AZ 85737 ZIP 85737 0411-11244008 NOTICE OF PUBLIC HEARING Canada Hills village 10 HOA 1775 W. Winbledon Way Oro Valley, AZ85737 Delivered as X 850 N7E 100951310006114114 i ORWQRD E TIME, YP RTH Tn cEmn CiiNADA MILLS VI,L; AGE 1YA HVA n E;.77 ;3: 1.41T MRi ,_ft e"ti RI _.i r.A S/ €yRCi AL A R7 7 -gA13 RETURN ti-rO SENDER !!11 Ss gg$tt11 {{ ilff 11 Town of Oro V eyT;=,;.•?: Dev. infrastruc�$rvices 11000 N La Canada :_ Oro Valley AZ 85737 neoRost" 0 131201 4 FITM• 00..1)9'J ZIP 85737 NOTICE OF PUBLIC HEARING 0411-11244008 Sunridge Estates PO Box 68287 4 De RETURN TO SENDER JTF 1 i4 nHT 89F. 1 T& p R AR 1 += 6AR _�A�7➢ii_�'_"��.%B d i UK WAN 1) r � liaiii}2:eifIlimi1iillieeii 'gIIIIIII722E!'111111fill,IlI iii Town of Oro VolleX,12 Dev. lnfrastrud.t4'-ii,er ices 11000NLaCabid"""" Oro Valley AZ I8W731 NOTICE OF PUBLIC HEARING 7827 VILLAGE LLC 19355 TURNBERRY WAY MIAMI FL N 1 X1 S33 SE 1009 RETURN TO SENDER Delivered a.4 ADDRESS UNASLE 70 FORWARD ItH,at'll fig, it, Town of Oro Valley Dev. Infrastructure Services 11000 N La Canada Oro Valley AZ 85737 NOTICE OF PUBLIC MEETING FIMBRES ANTHONY R 7879 N VILLAGE AVE TUCSON AZ NIXIE 850 7E 1 9608/27/1-4 RETURN TO SENDER ATTEMPTED — NOT KNOWN Delivered a UNABLE TO FORWARD SC, 83737701599 *0614-03B79-1-9-31 IIIJI11h, - Is I I i., kJ+, . Town of Oro Vaft�'� 4 # :a.; r Dev. Infrastructure `&+vices neo ostl 11000 N La Can a' ��� 5�01 Oro Valley AZ M31 �- NOTICE OF PUBLIC HEARING Canada Hills village 10 HOA 1775 W. Winbledon Way Oro Valley, AZ85737 FIRST-CLASS MAIL ZIP 85737 041L11244008 X 850 N7E 100951310008/15/14 Delivered as : CANADA HILLS VILLAGE 10 HUA 1673 W WIMBLEDON iWAY OFO VALLEY Ai R5737-9e-13 RETURN FTppO} SENDER AFFIDAVIT OF PUBLICATION STATE OF ARIZONA } } ss. COUNTY OF PIMA 1 Roxanne Murray, being first duly sworn, deposes and says that (s)he is the Lead Public Notice Clerk 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 hereto attached: NOTICE OF HEARING Rezoning East Side of Oracle Road OV814-001/September 3, 2014 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 18`I' day of August, 2014 and the last publication thereof was made on the 18"' day of August, 2014; that said publication was made on each of the following dates, to -wit: 8/18/14 at the Request of: Town of Oro Valley by , Lead Public Notice Clerk, subscribed and sworn to before me this 18"' a of August, 2014. ROt !!j E. SUMMERS ' Notary public -State of Arizona �.• .F PIMA COUNTY My Conlrriladlon Expires August 23, 201 ti Notary Public in and for the County of Pima, State of Arizona My commission expires 8/23/2015 www.dailyterritorial.com • AUGUST 15, 2014 23 NOTICE OF PUBLIC HEARING TOWN COUNCIL The TOwn Council invites the communiyto attend a public hearing on Wednesday, September S, 2014, 8 p.m. Oro Valley Tom Council Chambers, 11000 H. La Canada Drive Om Valley, Arizona Public Nearing: Rezoning of two parcels, encompassing approximately 2.1 acres, from R1444 sad R3 to C-N, located on dw east side of Oracle Road, approximately A mile south of Magee Road. The request Is for a proposed retain plant nursery, showroom and sales area for Tucson Kai A Water Gardens. The applicant Is also requesting to utilize the modified review ,process enabled by the Envirommenaiy Sensnive Lands (ESL) section of the Zoning Code, �OV914-001. public Hnring: Conditional Use Permit for proposed Plant Nursery, located on the east slde or Orde Road, approximatey'A mile south of Magee Road. The request Is for A proposed retail plant nursery, showroom and sales area for Tucson Kul S Water Gardens, OV814-0O7. The public is encouraged to attend and win be Invited to speak An agenda for this meeting win be made available at least 24 hours prior to the meetiiq lime and can be viewed at wvw.ri-1- IeydLOng For questions and additional Information, please contact Michael Spaeth, Senior Plamm, at 15201229-4812 or msmanmdenrn 11—raw NOTICE OF PUBLIC HEARING TOWN COUNCIL The Tom Council ["a the mmmundj to attend a public hearing on Wednesday. September S, 20f4.1 p.m. Ora VauayTwm Han, 11000 N. La Cafiada Dr. One Valley. Arizona blle Heartng: Proposed Amendment to the Tohono Chul Parkzoning provisions related festival banners, located on the northeast comer of IN Road and Paseo del Norte. The lusted amendment proposes to increase the banner size and allow Tohono Chid Park ad. tonal advertising space on Select barmen (OV914-004) e meeting willbe In the Tam Council Chambers. The public is encouraged to attend and will invited to speak An agenda for this meeting will be made available at least 24 hours prior to ethig gone and on be viewed at www aruvanevar env For quesdorm s and additional lnfoa- n, please contact Roseven Arelam, Planner, at (520) 229-4317 or mr lane*_� .n�m ,^lie.:.. ao. NOTICE OF PUBLIC HEARING TOWN COUNCIL The Tour Council invites the community to attend a public hearing on Wednesday, September S, 2014. 6 p.m. OroValley Town Ha11,11601) N. La Canada Dr. Ora Valley, ar@oea Public Headed: Request for a revision to as approved Teetathm Development Plan nosed - .led wind a rezonleg here RI.144 to Rt-10. for a 120-lot single-family development oo so - proximately 45 acres located east of Immroad Ridge High School, an the Saudi side of Namnja Drive. The applicant Is also requesting to utilize the modified review process enabled by the Environmentally Semkive Lands (ESL) Section of vie Zoning Cod4 OV913-002. The meeting will be In IN Tom round Chamber. The public Is encouraged to afford mid w• be Lrnitad to spank An agenda for this meeting win be made avarabe at east 24 hours pdor to meeting time and on be viewed at "• worm. e m, amp. For questions and additional information, please comxt Michad Spaeth, Senior Planner, at (520) 229-Ml2 or momeffiff NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION The Planning and Zoning Commission Invites the community to attend a public hearing on Tuesday, September 2, 2014, 8 p.m. Me VanyTown Han, 11000 N. La Canada grin Om Valley, Arizona Public Hearing: CV414-d it the applicant Noonan Bernard of Oro Valley, Ad2ona Is requesting approval Ora Type 11 Home Occupation Permit to allow a plumbing business located at 4S5 E. Windy Vista PI, Om Wiley, Arizona The meeting will be held In the Town Council Chambers. The public Is encouraged to attend and Wit be Invited to speak An agenda for this meeting wig be made available at least 24 hours prior to the meeting time and can be Hoed at www.movalleva2.aov. Far questions and additional information, plane contact Patty Hayes, Senior Planning Technician, at (520) 229-4819 or TOWN OF ORO VALLEY NOTICE OF PUBLIC HEARING Planning & Zoning Commlaalon The Planning S Zantng Commission Invites the community to attend a public heading on Tuesday, September 2, 2014. a PN Ora Valley Tom Hall, 11000 N. La Canada Dr. Ore valley, Adzam Public Hearing: A Zoning Code Teal Amendment related to the grading an hdure developmer and adjacent properties. The proposed Zoning Code Amendment to Section 27.9.E4 would allow property owners to grade up to the property fine and/or onto the adjacent property any with the adjacent owmefs consent (Project No. OV714-004) The mae0ng veil be held In the Tom Council Chambers. The public Is encouraged to attend and wig be Invited to speak An agenda far this meeting wig be made available at last 24 hou prior to the meeting time and an be viewed at gitlBL-11-7,ong For quntionsand ad- d'Nonal information, please contact Rosevelr Arellano, Planner, at (520) 229-4817 or mrplla00 g�2,OmG TOWN OF ORO VALLEY NOTICE OF PUBLIC HEARING Planning 6 Zoning Commlaslon The Planning S Zoning Commission Invites the community to attend a public hearing on Tuesday, September 2, 2014.6 PN One Valley Tom Hall, I I M N. La Canada Dr. Oro Valley, Admna tiro HarkV: A Zoning Code Text Amendment related to moSfyinO development standards der the Environmental Sensitive Lands Ordinaries. The proposed Zoning Code Amendment Section 27.1GF.2.0 would anow hat widths to be modified as a flexible design option to :erNvi2e open space conservation. (OV714-OM) e meeting vnn be held In the Tom Council Chambers. The public Is encouraged to attend it win be invited to speak An agenda for this meeting will be made available at least 24 tours onto tiw meeting rime ariaran oe Nraed at wwu nrnsq-raz env. Fa questions and ad- ional information. please contact Roseven Andleco, Panned at (520) 229-4817 or rare lannO www.dailyterr,itorial.comLOUAUGUST 15, 2014 17 in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, status conference or dependency adjudi- cation, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Petition. In addition, if you fail to appear, without good cause, the hearing may go forward in your absence and may result in an adjudica- tion of dependency, termination of your parental rights, or the establishment of a permanent guardianship based upon the record and the evidence presented to the Court, as well as an order of paternity, custody, or change of custody in a consolidated family law matter and an order for child support if paternity has been established. 4. If you are receiving this Notice by publication, you may obtain a copy of the Dependency Petition, Notice of Hearing, and Temporary Order by submitting a written request to: JULIE M. LEVITT- GUREN, Office of the Attorney General, 3939 South Park Avenue, Suite 180, Tucson, Arizona 85714. The assigned case manager is Katherine Pestonjee and may be reached by telephone at (520)887-7577 5. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling (520) 740-2000. 6. You have the right to make a request or motion prior to any hearing that the hearing be closed to the public. DATED this day of July, 2014. THOMAS C. HORNE Attorney General JULIE M. LEVIT P GUREN Assistant Attorney General PUBLISH: The Daily Territorial Aug. 18, 25, Sept. 2, 8, 2014 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA Jn the matter of: SNYDER, THOMAS D.O.B.10/19/07 SNYDER, BRIAN D.O.B.Oa/24/12 SNYDER, MICHAEL D.O.B. 08/04/13 Person(s) under 18 years of age.No. JD20130215 DCS'S +NOTICE OF HEARING ON MOTION FOR TERMINATION OF PARENT - CHILD RELATIONSHIP (Honorable Lisa Abrams) TO: James Snyder and JOHN DOE, a, fictitious name, parents of the above - named children. 1. The Department of Child Safety, (DCS or the Department), by and through undersigned counsel, has filed a Motion for Termination of Parent - Child Relationship under Title 8, of the Arizona Revised Statutes and Rule 64 of the Arizona Rules of Procedure for the . Juvenile Court 2. The Court has set a Publication hear- ing on the 14th day of October, 2014, at 8:45 a.m., at the Pima County Superior Court, 2225 E. Ajo Way, Tucson, Ari- zona 85714, before the Honorable Lisa s for the purpose of determining jbWr any parent or guardian named s contesting the allegations in the Motion. 3. You and your children are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court. 4. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, status conference, or termination adjudi- cation, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Motion. In addition, if you fail to appear without good cause, the hearing may go forward in your absence and may result in termination of your parental rights based upon the record and the evidence presented to the Court. 5. If you are receiving this Notice by publication, you may obtain a copy of the Motion for Termination of Parent -Child Relationship and Notice of Hearing by submitting a written request to: - CATHLEEN LINN, Office of the Attorney General, 3939 S. Park Avenue Suite 190, Tucson, Arizona 85714. The as-. signed child safety worker is Sandi Lee and may be reached by telephone at 887-7577. 6. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling 740-2000. 7.You have the right to make a request or motion prior to any hearing that the hearing be closed to the public. DATED this _ day of August, 2014. THOMAS C. HORNE Attorney General CATHLEEN LINN Assistant Attorney General PUBLISH: The Daily Territorial Aug. 18, 25, Sept. 2, 8, 2014 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the Matter of: CISNEROS, SAMUEL d.o.b. 06/23/2003 Person(s) under 18 years of age. No. JD 20140537 DCS'S NOTICE OF HEARING ON DEPEN- DENCY PETITION (The Honorable Brenden Griffin) TO: Francisco Olivas, and JOHN DOE, a fictitious name, parents of the above - named child. 1. The Department of Child Safety (DCS or the Department) has filed a Depen- dency Petition pursuant to Title 8, of the Arizona Revised Statues, and Rule 48 of the Arizona Rules of Procedure for the Juvenile Court. 2. The Court has set a Publication Hearing for the 20th day of October, 2014, at 9:30 a.m., to be held at the Pima Superior Court at 2225 E. Ajo Way, Tucson, Arizona 85713, before the Hon- orable Brenden Griffin for the purpose of determining whether any parent or guardian named herein is contesting the allegations in the Petition. 2. You and your child are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court. 3. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the Initial hearing, pretrial conference, status conference or dependency adjudi- cation, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Petition. In addition, if you fail to appear, without good cause, the hearing may go forward in your absence and may result in an adjudica- tion of dependency, termination of your parental rights, or the establishment of a permanent guardianship based upon the record and the evidence presented to the Court, as well as an order of paternity, custody, or change of custody in a consolidated family law matter and an order for child support if paternity has been established. 4. If you are receiving this Notice by publication, you may obtain a copy of the Dependency Petition, Notice of Hearing, and Temporary Order by submitting a written request to: NATALIE EVANS PARKMAN, Office of the Attorney General, 3939 S. Park Avenue, Ste. 180, Tucson, Arizona 85714. The as- signed case manager is Imelda Fuentes and may be reached by telephone at (520)740-1882. 5. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling (520)740-2000. 6. You have the right to make a request or motion prior to any hearing that the hearing be closed to the public. DATED this _ day of August, 2014. THOMAS C. HORNE Attorney General NATALIE EVANS PARKMAN Assistant Attorney General PUBLISH: The Daily Territorial Aug. 18, 25, Sept. 2, 8, 2014 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the Matter of: COLLAZO, IZEL d.o.b. 08/05/13 COLLAZO, MARCELIO ANTHONY d.o.b 08/05/13 Person(s) under 18 years of age. No. JD 20140502 DCS'S NOTICE OF HEARING ON DEPENDENCY PETITION (PUBLISHED) (The Honorable Julia K. Connors) - TO: JOHN DOE, a fictitious name, par- ent of the above -named children. 1. The Department of Child Safety (DCS or the Department) has filed a Depen- dency Petition pursuant to Title 8, of the Arizona Revised Statues, and Rule 48 of the Arizona Rules of Procedure for the Juvenile Court. 2. The Court has set an Initial Depen- dency Hearing (published) for the 10th day of October, 2014, at 8:30 a.m., to be held at to be held at the Pima Superior Court at 2225 E. Ajo Way, Tucson, AZ 85713, before the Honorable Julia K. Connors for the purpose of determining whether any parent or guardian named herein is contesting the allegations in the Petition. 3. You and your child are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court. 4. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, status conference or dependency adjudi- cation, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Petition. In addition, if you fail to appear, without good cause, the hearing may go forward in your absence and may result in an adjudica- tion of dependency, termination of your parental rights, or the establishment of a permanent guardianship based upon the record and the evidence presented to the Court, as well as an order of paternity, custody, or change of custody in a consolidated family law matter and an order for child support if paternity has been established. 5. If you are receiving this Notice by publication, you may obtain a copy of the Dependency Petition, Notice of Hearing, and Temporary Order by submitting a written request to: Daniel R. Huff, Office of the Attorney General, 3939 S. Park Avenue, Suite 180, Tucson, AZ 85714. The assigned case manager is Rosa Pe- droza and may be reached by telephone at 520-721-3097. 6. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling 740-2000. . 7.You have the right to make a request or motion prior to any hearing that the hearing be closed to the public. DATED this 13th day of August, 2014. THOMAS C. HORNE Attorney General DANIEL R. HUFF Assistant Attorney General PUBLISH: The Daily Territorial Aug. 18, 25, Sept. 2, 8, 2014 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the matter of: GOSSETT, ANNALIE MARIE d.o.b. 04/14/2010 GOSSETL AVIANNA IZABELLA d.o.b. 04/24/2014 Person(s) under 18 years of age. No. JD20140450 DCS'S NOTICE OF PUBLICATION HEARING ON DEPENDENCY PETITION (The Honorable K. C. Stanford) TO: JOHN DOE (a fictitious name), par- ent of the above -named child. The Department of Child Safety (DCS or the Department), by and through undersigned counsel, has filed a Dependency Petition pursuant to Title 8, of the Arizona Revised Statues, and Rule 48 of the Rules of Procedure for the Juvenile Court. 1 The Court has set a Publication hear- ing on the 15th day of October, 2014 at 8:30 a.m. at the Pima County Superior Court, 2225 East Ajo Way, Tucson, Arizona 85713, before Judge Stanford for the purpose of determining whether any parent or guardian named herein is contesting the allegations in the Petition. 2. You and your child are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court. 3. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, settlement conference or dependency adjudication, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Petition. In addition, it you fail to appear, without good cause, the hearing may go forward in your absence and may result in an adjudication of dependency, termination of your parental rights or the establish- ment of a permanent guardianship based upon the record and the evidence presented to the Court, as well as an order of paternity, custody, or change of custody in i consolidated family law matter and an order for child support if paternity has been established. 4. If you are receiving this Notice by publication, you may obtain a copy of the Dependency Petition, Notice of Hearing, and Temporary Order by submitting a written request to: Heather Roun, Office of the Attorney General, 3939 South Park Avenue, Suite 180, Tucson, Arizona 85714. The assigned case manager is Cecilia Rojas-Adnachiel and may be reached by telephone at (520) 243-6409. 5. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling (520) 740-2000. DATED this _ day of August, 2014. THOMAS C. HORNE Attorney General HEATHER E. ROUN Assistant Attorney General PUBLISH: The Daily Territorial Aug. 18, 25, Sept. 2, 8, 2014 NOTICE OF HEARING IN THE SUPERIOR COURT OFTHE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the Matter of: NUNEZ, NEVAEH CHRISTINA ISIS d.o.b.01/09/07 Person(s) under 18 years of age. JD205056 DCS'S NOTICE OF HEAR- ING ON MOTION FOR APPOINTMENT OF A PERMANENT GUARDIAN OF A MINOR CHILD (PUBLICATION) (Honor- able Joan L. Wagner) TO: Tammy Vanessa Delgado, parent of the above -named child. 1. The Department of Child Safety, (DCS or the Department), by and through undersigned counsel, has filed a Mo- tion for Appointment of a Permanent Guardian pursuant to Arizona Revised Statutes §§ 8-871 and 8-872 and Rule 61 of the Arizona Rules of Procedure for the Juvenile Court. 2. The Court has set a Publication hear- ing on the 16th day of October, 2014 at 9:00 a.m., at the Pima County Superior Court, 2225 E. Ajo Way, Tucson, Arizona 85713, before the Honorable Joan L Wagner for the purpose of determining whether any parent or guardian named herein is contesting the allegations in the motion. 3. You and your child are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the court. 4. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, settlement conference, status confer- ence or guardianship adjudication, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Motion. In addition, if you fail to appear, without good cause shown, the hearing may go forward in your absence and may result in the establishment of a permanent guardianship based upon the record and the evidence presented to the court. 5. If you are receiving this Notice by publication, you may obtain a copy of the Motion for Appointment of a Permanent Guardian and Notice of Hearing by sub - miffing a written request to: ALISON P. CRANE, Office of the Attorney General, 3939 S. Park Ave., Ste. 180, Tucson, Ari- zona. The assigned child safety worker is Patrick Amos and may be reached by telephone at (520) 884-4755. 6. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling (520) 740-2000. 7.You have the right to make a request or motion prior to any hearing that the hearing be closed to the public. DATED this _ day of August, 2014, THOMAS C. HORNE Attorney General ALISON P. CRANE Assistant Attorney General PUBLISH: The Daily Territorial Aug. 18, 25, Sept. 2, 8, 2014 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the matter of: LINESES, YASMINE ANTOINETTE d.o.b.12113✓99 OBRE- GON, JOSEPH ALEXANDER d.o.b. 03/25/10 Person(s) under 18 years of age. No. JD20130388 DCS'S NOTICE OF HEARING ON MOTION FOR TERMINATION OF PARENT -CHILD RELATIONSHIP (PUBLICATION) (The Honorable Wayne Yehling) TO: Yvette Obregon, Martin Lopez, Jose Luis Montenegro, and John Doe, a fictitious name, parents of the above , named child. 1. The Department of Child Safety, (DCS or the Department), by and through undersigned counsel, has filed . a Motion forTermination of Parent -Child Relationship pursuant to Title 8, of the Arizona Revised Statutes and Rule 64 of the Arizona Rules of Procedure for the Juvenile Court. 1. The Court has set an Initial and Publication hearing on the 6th day of October, 2014 at 8:30 a.m., at the Pima County Superior Court, 2225 E. Ajo Way, Tucson, Arizona 85713, before the Honorable Wayne E. Yehling for the purpose of determining whether any parent named herein is contesting the allegations in the Motion. 2. You and your child are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court 3. You have a rigid to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, status conference, or termination adjudi- cation, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Motion. In addition, if you fail to appear without good cause, the hearing may go forward in your absence and may result in termination of your parental rights based upon the record and the evidence presented to the Court. - 4. If you are receiving this Notice by publication, you may obtain a copy of the Motion for Termination of Parent -Child Relationship and Notice of Hearing by submitting a written request to: Gregory M. Hynes, Office of the Attorney General, 3939 S. Park Ave., Ste. 180, Tucson, Arizona 85714. The assigned child safety worker is Veona Stevens - Rosa, and may be reached by telephone at (520) 740.1882. 5. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling (520) 740-2000. 6. You have the right to make a request or motion prior to any hearing that the hearing be closed to the public. DATED this day of July, 2014. THOMAS C. HORNE Attorney General GREGORY M. HYNES Assistant At tomey General PUBLISH: The Daily Territorial Aug. 18, 25, Sept. 2, 8, 2014 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the matter of: MAGRAW, NOAH d.o.b. 01/18/14 Person(s) under 18 years of age. No. JD20140077 DCS'S NOTICE OF HEARING ON MOTION FOR TERMINATION OF PARENT -CHILD RELATIONSHIP (PUBLICATION) (The Honorable Kathleen Quigley) TO: Mikelyn J. Magraw, Jonathan R. Boggs, and John Doe, a fictitious name, parents of the above -named child. 1. The Department of Child Safety, (DCS or the Department), by and through undersigned counsel, has filed a Motion for Termination of Parent -Child Relationship pursuant to Title 8, of the Arizona Revised Statutes and Rule 64 of the Arizona Rules of Procedure for the Juvenile Court . 1. The Court has set a Publication hear- ing on the 20th day of October, 2014 at 11:30 a.m., at the Pima County Superior Court, 2225 E. Ajo Way, Tucson, Arizona 85713, before the Honorable Kathleen Quigley for the purpose of determining whether any parent named herein is contesting the allegations in the Motion. 2. You and your child are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court 3. You have a right to appear as a party in this proceeding. You are advised that your failure to personalty appear in court at the initial hearing, pretrial conference, status conference, or termination adjudi- cation, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Motion. In addition, if you fail to appear without good cause, the hearing may go forward in your absence and may result in termination of your parental rights based upon the record and the evidence presented to the Court. 4. If you are receiving this Notice by publication, you may obtain a copy of the Motion for Termination of Parent -Child Relationship and Notice of Hearing by submitting a written request to: Alison P. 44_. 18 AUGUST 15, 2014 • 110 www.dailyterritorial.com - -. 41 Crane, Office of the Attorney General, 3939 S. Park Ave., Ste.180, Tucson, Arizona 85714. The assigned child safety worker is Paulita Burboa, and may be reached by telephone at (520) 721-3097. 5. Requests for reasonable accom- modation for persons with disabilities . must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling (520) 740-2000. 6. You have the right to make a request or motion prior to any hearing that the hearing be closed to the public. - DATED this _ day of August, 2014. THOMAS C. HORNE Attorney General ALISON P. CRANE Assistant Attorney General PUBLISH: The Daily Territorial Aug. 18, 25, Sept. 2, 8, 2014 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the matter of,. BEE-EVANS, JOSIAH DEVONTE d.o.b. 09/30/99 Person(s) under 18 years of age. No. JD166039 DCS'S NOTICE OF HEAR- ING ON MOTION FOR TERMINATION OF PARENT -CHILD RELATIONSHIP (PUBLICATION) (The Honorable Wayne E.Yehling) TO: Joan Bee, parent of the above - named child. 1. The Department of Child Safety, (DCS or the Department), by and through undersigned counsel, has filed a Motion for Termination of Parent -Child Relationship pursuant to Title 8, of the Arizona Revised Statutes and Rule 64 of the Arizona Rules of Procedure for the Juvenile Court. 2. The Court has set a Publication hear- ing on the 23rd day of October, 2014 at 8:30 a.m., at the Pima County Superior Court, 2225 E. Ajo Way, Tucson, Arizona 85713, before the Honorable Wayne E. Yehling for the purpose of determining whether any parent named herein is contesting the allegations in the Motion. 3. You and your child are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you. cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court. 4. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, status conference, or termination adjudi- cation, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Motion. In addition, 0 you fail to appear without good cause, the hearing may go forward in your absence and may result in termination of your parental rights based upon the record and the evidence presented to the Court. 5. If you are receiving this Notice by publication, you may obtain a copy of the Motion for Termination of Parent -Child Relationship and Notice of Hearing by submitting a written request to: Gregory M. Hynes, Office of the Attorney General, 3939 S. Park Ave., Ste.180, Tucson, Arizona 85714. The assigned child safety worker is Amber Handy, and may be reached by telephone at (520) 721-3097. 6. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling (520) 740-2000. 7. You have the right to make a request or motion prior to any hearing that the hearing be closed to the public. DATED this day of August, 2014. THOMAS C. HORNE Attorney General GREGORY M. HYNES Assistant At- torney General PUBLISH: The Daily Territorial Aug. 18, 25, Sept. 2, 8, 2014 NOTICE OF HEARING VALENTINE & VALENTINE P.C. 6831 North Oracle Road Suite 145 Tucson, AZ 85704 520.498-0088 Mark J. Valentine, Esq. Attorneys for Petitioners and Beneficiaries . IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the Matter of the Trust Administration of: THE JAY C. CHAMBERLAIN REVO- CABLE TRUST DATED APRIL 18, 1986 CASE NO. PB 20MB35 NOTICE OF HEARING (For Publication) NOTICE IS HEREBY GIVEN that a Peti- tion to Appoint Successor Co -Trustees has been filed in the above -named Court, requesting that the Court appoint Jody C. Chamberlain and Jaime C. Chamberlain as Successor Co -Trustees of the JAY C. CHAMBERLAIN REVO- CABLE TRUST DATED APRIL 18, 1986. Hearing has been set to consider the Petition on the 23rd day of September, 2014, at 10:30 a.m. at Pima County _ Superior Court, 110 West Congress, Tucson, Arizona 85701. DATED this 13th day of August, 2014. /s/ Mark J. Valentine, Esq. Valentine & Valentine, P.C. 6831 North Oracle Road Suite 145 Tucson, AZ 85704 PUBLISH: The Daily Territorial Aug. 18, 25, Sept. 2, 2014 NOTICE OF HEARING Suzanne Laursen Attorney at Law P.O. Box 85971 Tucson, Arizona 85754 Telephone: (520) 622-3424 Suzanne.laursen@azbar.org W THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the Matter of PRESSLEY, Bethany (d.o.b.5-6-01) PRESSLEY, Brooke (d.o.b.10-15-03) A person under the age of eighteen years No. JD 204366 NOTICE OF HEARING ON MOTION FOR PERMANENT GUARDIANSHIP (Judge Stanford) TO: Mark Hasting, parent of the above - named child, Brooke Pressley; John Doe father of above named child Brooke Pressley; Addam Joseph Zimmer- man, parent of the above -named child, Bethany Pressley. 1. A Motion for Permanent Guardian- ship has been filed pursuant to A.R.S. §8-873. 2. The court has set an initial publication hearing on the 4th day of November 2014 at 8:30 A.M. at the Pima County Superior Court, Juvenile Division, 2225 E. Ajo Way,Tucson AZ 85713. 3. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the hearing without good cause shown may result in a finding that you have waived your legal rights. In addition, if you fail to appear, without good cause, the hearing may go forward in your absence and may result in the establishment of the permanent guardianship. 4. If you are receiving this notice by publication, you may obtain a copy of the Motion for Permanent Guardian- ship by submitting a written request to: Suzanne Laursen, P.O. Box 85971, Tucson AZ 85754. You may also contact Suzanne Laursen at (520) 622-3424. 5. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling (520) 740-2000. RESPECTFULLY SUBMITTED August 13,2014. _ Suzanne Laursen PUBLISH: The Daily Territorial Aug. 18, 25. Sept. 2, 8, 2014 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the matter of: FRANCISCO, tAVONNE IRIS d.o.b.02117/97 FRANCISCO, ILEA SCHAE d.o.b. 01/11/99 Person(s) under 18 years of age. No. JD20140512 DCS'S NOTICE OF PUBLICATION HEARING ON DE- PENDENCY PETITION (The Honorable Joan Wagener) TO: Norman Sands The Department of Child Safety (DCS or the Department), by and through undersigned counsel, has filed a Dependency Petition pursuant to Title 8, of the Arizona Revised Statues, and Rule 48 of the Rules of Procedure for the Juvenile Court. 1. The Court has set a Publication hear- ing on the 20th day of October, 2014 at 10:00 a.m. at the Pima County Superior Court, 2225 East Ajo Way, Tucson, Arizona 85713, before Judge Joan Wegener for the purpose of determining whether any parent or guardian named herein is contesting the allegations in the Petition. 2. You and your children are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court. 3. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, settlement conference or dependency adjudication, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Petition. In addition, if you fail to appear, without good cause, the hearing may go forward in your absence and may result in an adjudication of dependency, termination of your parental rights or the establish- ment of a permanent guardianship based upon the record and the evidence presented to the Court, as well as an order of paternity, custody, or change of custody in a consolidated family law matter and an order for child support if paternity has been established. 4. If you are receiving this Notice by publication, you may obtain a copy of the Dependency Petition, Notice of Hearing, NOTICE OF PUBLIC HEARING TOWN COUNCIL The Town Council invites the community to attend a public hearing on Wednesday, September 3, 2014, 5 p.m. Oro Valley Town Council Chambers,11000 N. La Canada Drive Oro Valley, Arizona Public Hearing: Rezoning of two parcels, encompassing approximately 2.8 acres, from RI-144 and R-S to C-N, located on the east side of Oracle Road, approximately 1/. mile south of Magee Road. The request is for a proposed retail plant nursery, showroom and sales area for Tucson Koi & Water Gardens. The applicant is also requesting to utilize the modified review process enabled by the Environmentally Sensitive Lands (ESL) section of the Zoning Code, OV914-001. Public Hearing: Conditional Use Permit for proposed Plant Nursery, located on the east side of Oracle Road, approximately'h mile south of Magee Road. The request is for a proposed retail plant nursery, showroom and sales area for Tucson Koi & Water Gardens, OV814-001. The public is encouraged to attend and will be invited to speak An agenda for this meeting will be made available at least 24 hours prior to the meeting time and can be viewed at www.oroval- levu.cov. For questions and additional information, please contact Michael Spaeth, Senior Planner, at (520) 229-4812 or msoaeth®orovallevaz.00v. NOTICE OF PUBLIC HEARING TOWN COUNCIL The Town Council invites the community to attend a public hearing on Wednesday, September 3, 2014, 6 p.m. Oro Valley Town Hall,11000 N. La Cafiada Dr. Oro Valley, Arizona blic Hearing: Proposed Amendment to the Tohono Chu[ Park zoning provisions related festival banners, located on the northeast comer of Ina Road and Paseo del Norte. The Guested amendment proposes to increase the banner size and allow Tohono Chul Park ad- ional advertising space on select banners. (OV914-004) e meeting will be in the Town Council Chambers. The public is encouraged to attend and will invited to speak An agenda for this meetingwill be made available at least 24 hours prior to eting time and can be viewed at www.orovallevaz.cov. For questions and additional informa- n, please contact Rosevelt Arellano, Planner, at (520) 229-4817 or rarellano@orovallevaz.cov. NOTICE OF PUBLIC HEARING TOWN COUNCIL The Town Council invites the community to attend a public hearing on Wednesday, September 3, 2014, 5 p.m. Oro Valley Town Hall,11000 N. La Cafiada Dr. Oro Valley, Arizona c Hearing: Request for a revision to an approved Tentative Development Plan associ- with a rezoning from Rt-144 to R1-10, for a 120-lot single-family development on ap- mately 45 acres located east of Ironwood Ridge High School, on the south side of Naranja . The applicant is also requesting to utilize the modified review process enabled by the onmentally Sensitive Lands (ESL) section of the Zoning Code, OV913-002. meeting will be in the Town Council Chambers. The public is encouraged to attend and be invited to speak. An agenda for this meeting will be made available at least 24 hours r to meeting time and can be viewed at www.orovallevaz.cov. For questions and additional rmation, please contact Michael Spaeth, Senior Planner, at (520) 229-4812 or mspaeth@ and Temporary Order by submitting a written request to: Nansi D. Naranjo, Of- fice of the Attorney General, 3939 South Park Avenue, Suite 180, Tucson, Arizona 85714. The assigned case manager is April Gonzalez and may be reached by telephone at 740-1882 5. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling (520) 740-2000. DATED this _ day of August, 2014. THOMAS C. HORNE Attorney General NANSI D. NARANJO Assistant Attorney General PUBLISH: The Daily Territorial Aug. 18, 25, Sept. 2, 8, 2014 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the Matter of: KRAEMER, BRIANNA d.o.b. 03/12/1998 Person(s) under 18 years of age. No.. JD20140516 DCS'S NOTICE OF PUBLICATION HEARING ON DEPEN- DENCY PETITION (The Honorable Joan Wagener) TO: Peter Kraemer, and JOHN DOE, a fictitious name, parents of the above - named child. 1. The Department of Child Safety (DCS or the Department) has filed a Depen- dency Petition pursuant to Title 8, of the Arizona Revised Statues, and Rule 48 of the Arizona Rules of Procedure for the Juvenile Court. 2. The Court has set an Initial Depen- dency Hearing for 27th day of October, 2014, at 9:00 a.m., to be held at to be held at the Pima Superior Court at 2225 E. Ajo Way, Tucson, Arizona 85713, before the Honorable Joan Wegener for the purpose of determining whether any parent or guardian named herein is contesting the allegations in the Petition. 3. You and your child are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attomey and want to be represented by an attorney, one may be appointed by the Court. 4. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, status conference or dependency adjudi- cation, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Petition. In addition, if you fail to appear, without good cause, the hearing may go forward in your NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION The Planning and Zoning Commission invites the community to attend a public hearing on Tuesday, September 2, 2014, 6 p.m. Oro Valley Town Hall,11000 N. La Canada Drive Oro Valley, Arizona iblic Hearing: OV414-012, the applicant, Norman Bernard of Oro Valley, Arizona is requesting proval of a Type II Home Occupation Permit to allow a plumbing business located at 455 E. indy Vista PI, Oro Valley, Arizona e meeting will be held in the Town Council Chambers. The public is encouraged to attend and II be invited to speak. An agenda for this meeting will be made available at least 24 hours prior the meeting time and can be viewed at www.orovalleyaz.cov. For questions and additional 'ormation, please contact Patty Hayes, Senior Planning Technician, at (520) 229-4819 or TOWN OF ORO VALLEY NOTICE OF PUBLIC HEARING Planning & Zoning Commission The Planning & Zoning Commission invites the community to attend a public hearing on Tuesday, September 2, 2014, 6 PM Oro Valley Town Hall,11000 N. La Canada Dr. . Oro Valley, Arizona Public Hearing: A Zoning Code Text Amendment related to the grading on future developments and adjacent properties. The proposed Zoning Code Amendment to Section 27.9.E.4 would allow property owners to grade up to the property line and/or onto the adjacent property only with the adjacent owner's consent. (Project No. OV714-004) The meeting will be held in the Town Council Chambers. The public is encouraged to attend and wilt be invited to speak An agenda for this meeting will be made available at least 24 hours prior to the meeting time and can be viewed at www.orovalleyaz.cov: For questions and ad- ditional information, please contact Rosevelt Arellano, Planner, at (520) 229-4817 or Iatellanoo orovallevaz.cov. TOWN OF ORO VALLEY NOTICE OF PUBLIC HEARING Planning & Zoning Commission The Planning & Zoning Commission invites the community to attend a public hearing on Tuesday, September 2, 2014, 6 PM Oro Valley Town Hall,11009 N. La Canada Dr. Oro Valley, Arizona - Public Hearing: A Zoning Code Text Amendment related to modifying development standards under the Environmental Sensitive Lands Ordinance. The proposed Zoning Code Amendment to Section 27.1012.0 would allow lot widths to be modified as a flexible design option to incentive open space conservation. (OV714-003) The meeting will be held in the Town Council Chambers. The public is encouraged to attend and will be invited to speak An agenda for this meeting will be made available at least 24 hours prior to the meeting time and can be viewed at www.orovalleyaz.cov. For questions and ad- ditional information, please contact Rosevelt Arellano, Planner, at (520) 229-4817 or farellano@ orovallevaz.cov. NOTICE OF PUBLIC HEARING TOWN COUNCIL The Town Council invites the community to attend a public hearing on Wednesday, September 3, 2014, 6 p.m. Oro Valley Town Council Chambers, 11000 N. La Canada Drive Oro Valley, Arizona Public Hearing: Rezoning of two parcels, encompassing approximately 2.8 acres, from R1-144 and R-S to C-N, located on the east side of Oracle Road, approximately Y4 mile south of Magee Road. The request is for a proposed retail plant nursery, showroom and sales area for Tucson Koi & Water Gardens. The applicant is also requesting to utilize the modified review process enabled by the Environmentally Sensitive Lands (ESL) section of the Zoning Code, OV914-001. Public Hearing: Conditional Use Permit for proposed Plant Nursery, located on the east side of Oracle Road, approximately'/4 mile south of Magee Road. The request is for a proposed retail plant nursery, showroom and sales area for Tucson Koi & Water Gardens, OV814-001. The public is encouraged to attend and will be invited to speak. An agenda for this meeting will be made available at least 24 hours prior to the meeting time and can be viewed at www.orovalleyaz.gov. For questions and additional information, please contact Michael Spaeth, Senior Planner, at (520) 229-4812 or mspaeth(a),orovalleyaz.gov. POSTED: 08/18/2014 TIME: 8:00 AM BY: rmf oQOy�,LEY Aqy9 Development and Infrastructure Services Planning Division 11000 N La Carlada Drive, Oro Valley, Arizona 85737 - 520-229-4815 - 520-742-1022 (Fax) FDUNDED''311. NOTICE TO APPUCANT— it is the applicant/owner's responsibility to ensure all private rules and regulations of the subdivision are adhered to. Contact your HOA or property management company to determine all applicable requirements. Initials APPLICATION FORM OV Case # (Office Use On Application Type: Rezoning A. Project Manager/Developer Name: Paul Oland Firm: The WLB Group, Inc. Address: 4444 E. Broadway Blvd. City: Tucson State: AZ Zip: 85711 Telephone: (520) 681-7480 Fax: (520) 881-7492 Email: gpoland@wlbgroup.com B. Property OwnerAs), if more than one owner, attach list Name: See Attached List Address: City: State: Zip: Telephone: Fax: Email: C. Subject Property Parcel/Tax Code: 225-51-011 A; 225-51-012A Legal Description/Property Address: A portion of Section 36, T12S, R13E —SEC of Oracle and Magee Road Area of property: Approximately 2.8 Ac Existing Zoning: R1-144 and R-S Proposed Zoning: C-N Is Proposed Zoning in conformance with General Plan designation? [ j NIA [A Yes [ ] No General Plan Designation: NCO Existing Land Use: Vacant Proposed Land Use: Retail Plant Nursery D. Previous Applications Relating To This Property OV8- OV9- OV10- OV11- E. Reason For Request OV12- OV13. OV113-031 Rezoning of approximately 2.8 acres from R1-144 and R-S to C-N to develop a retail plant nursery utilizing the modified review process section 27.10.F.2.c.iii.h This application is true and correct to the best of my knowledge. I am the owner of the above described property or have been authorized by the owner to make this application. "q1/q(Wg Date ,.-..... (SiDiturn Tucson Koi & Cactus Property Owners Contact Information Parcel 225-51-011 A Peter W. Wong Wafter & Jane Wong Family Investments LLLP Parcel 225-51-012A Bruce McDonald Tucson Koi & Water Gardens LLC Tucson Koi & Cactus Rezoning Review Fees Rezoning Review Fees Base Fee (1" 2 Acres) $ 3,900.00 Plus $100/Ac @ 0.8 Ac 80.00 Subtotal $3,980.00 TOTAL FEES — Payable to Town of Oro Valley $3,980.00 No. 475-5570816 INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. '� First American Title COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY ....................................................... on the following page COMMITMENT DATE..................................................................Schedule A(Page 1) POLICIES TO BE ISSUED, AMOUNTS AND PROPOSED INSURED .............................. Schedule A (Page 1) INTEREST IN THE LAND............................................................. Schedule A (Exhibit A) DESCRIPTION OF THE LAND...........................................................on the following page EXCEPTIONS - PART ONE.............................................................. Schedule B (inside) EXCEPTIONS - PART TWO.............................................................. Schedule B (inside) REQUIREMENTS (Standard) ...............................................................on the third page REQUIREMENTS (Continued) ........................................................... Requirements (inside) CONDITIONS...........................................................................on the third page YOU SHOULD READ THE COMMITMENT VERY CAREFULLY Page 1 No. 475-5570816 AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under the Commitment is limited by the following: The Provisions in Schedule A The Requirements The Exceptions in Schedule B - Parts 1 and 2 The Conditions This Commitment is not valid without SCHEDULE A and Parts 1 and 2 of SCHEDULE B. SCHEDULE B - EXCEPTIONS Part One of Schedule B will be eliminated from any A.L.T.A. Extended Coverage Policy, A.L.T.A. Plain Language Policy, A.L.T.A. Homeowner's Policy, A.L.T.A. Expanded Coverage Residential Loan Policy and any short form versions thereof. However, the same or similar exception may be made in Schedule B of those policies in conformity with Schedule B, Part Two of this Commitment. Part One: (for use with 2006 ALTA policies) 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession of the Land 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing t he issuance thereof, (c) water rights, claims or title to water; whether or not the matters exceptedunder (a), (b), or (c) are shown by the Public Records. Page 2 No. 475-5570816 Part One: (for use with 1992 and prior ALTA policies) 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water; whether or not the aforementioned matters excepted are shown by the public records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. REQUIREMENTS (Standard) The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (d) You must tell us in writing the name of anyone not referred to in this commitment who will get interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (Continued on Requirements Page) CONDITIONS DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements are met. We shall have no liability to you because of this amendment. Page 3 No. 475-5570816 EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements or eliminate with our written consent any Exceptions shown in Schedule B We shall not be liable for more than the Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claims, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. Page 4 No. 475-5570816 FlntAmerican Tide VWIT Privacy Information We Are Committed to safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concemed about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal Information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the Information that you provide to us. It does not govern the manner in which we may use Information we have obtained from any other source, such as Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of Its source. First American calls these guidelines Its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal Information that we may collect Include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your Information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such Information indefinitely, Including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal Information listed above to one or more of our affiliated companies. Such affiliated companies Include financial service providers, such as title insurers, property and casualty Insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your Information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe It is Important you know how we treat the Information about you we receive on the Internet. In general, you can visit First American or Its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This Information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal Information. Usually, the personal information we collect is used only by us to respond to your Inquiry, process an order or allow you to access specific account/profile Information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize Information to your personal tastes. A cookie Is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choke and creates consumer opportunity. We actively support an open public record and emphasize Its importance and contribution to our economy. Use We believe we should behave responsibly when we use Information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in Identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will Instruct our employees on our fair Information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (8/1/09) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) Page 5 No. 475-5570816 First American Title Insurance Company SCHEDULE A First Amended ESCROW/CLOSING INQUIRIES should be directed to your Escrow Officer: Janice Saunders at (520)615-4231 Address Reference: Oracle / Magee Road Tucson, AZ Effective Date: February 11, 2014 at 7:30 a.m. 1. Policy or (Policies) to be issued: ALTA 2006 Extended Owner's Policy for $187,000.00 Proposed Insured: Tucson Koi & Water Gardens, a 2. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: Walter and Jane Wong Family Investments, LLLP, an Arizona limited liability limited partnership 3. Title to the estate or interest in the land upon issuance of the policy shall be vested in: Tucson Koi & Water Gardens, a 4. The land referred to in this Commitment is located in Pima County, AZ and is described as: SEE EXHIBIT "A " ATTACHED HEREIN Title officer: Kevin McManus @ (602)685-7283. Pages 1 through 5 of this document consist of the Title Insurance Commitment contract and our Privacy Policy. Page 6 No. 475-5570816 EXHIBIT "A" ALL THAT PART OF BLOCK "B" OF SUFFOLK HILLS, A SUBDIVISION OF PIMA COUNTY, ARIZONA, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA, IN BOOK 13 OF MAPS AND PLATS AT PAGE 18 THEREOF, DESCRIBED AS FOLLOWS: TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF BLOCK "B"; THENCE SOUTH 10 DEGREES 16 MINUTES 10 SECONDS WEST ALONG THE WEST LINE OF SAID BLOCK "B", 150 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 29 SECONDS EAST, 406.52 FEET TO A POINT IN THE EAST LINE OF BLOCK "B"; THENCE NORTH 10 DEGREES 16 MINUTES 10 SECONDS EAST ALONG THE EAST LINE OF SAID BLOCK "B", 135 FEET; THENCE NORTH 39 DEGREES 52 MINUTES 10 SECONDS WEST, 19.23 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 29 SECONDS WEST, ALONG THE NORTH LINE OF BLOCK "B", 391.52 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION AS SET FORTH IN ORDER RECORDED IN DOCKET 5995, PAGE 1062, AND THEREAFTER FINAL ORDER OF CONDEMNATION RECORDED IN DOCKET 6483, PAGE 860. Page 7 No. 475-5570816 First American Title Insurance Company SCHEDULE B First Amended PART TWO: 1. DELETED INTENTIONALLY 2. Any charge upon said land by reason of its inclusion in Central Arizona Water Conservation District. (All assessments due and payable are paid.) 3. Reservations or Exceptions in Patents, or in Acts authorizing the issuance thereof. 4. Easements, restrictions, reservations, conditions and set -back lines as set forth on the plat recorded as Book 13 of Maps, Page 18, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 5. All matters as set forth in Ordinance 1999-82, recorded November 15, 1999 as Docket 11173, Page 651. 6. The following matters disclosed by an ALTA/ACSM survey made by on , designated Job No. NOTE: This matter will be more fully set forth or deleted upon compliance with the applicable requirement set forth herein. 7. The rights of parties in possession by reason of any unrecorded lease or leases or month to month tenancies affecting any portion of the within described property. NOTE: This matter will be more fully set forth or deleted upon compliance with the applicable requirement(s) set forth herein. 8. Water rights, claims or title to water, whether or not shown by the public records. 9. Taxes for the full year of 2014. (The first half is due October 1, 2014 and is delinquent November 1, 2014. The second half is due March 1, 2015 and is delinquent May 1, 2015.) End of Schedule B Page 8 First American Title Insurance Company First Amended REOUIREMENTS: No. 475-5570816 1. Compliance with A.R.S. 11-480 relative to all documents to be recorded in connection herewith. See note at end of this section for details. 2. Pay second half of 2013 taxes. NOTE: Taxes are assessed in the total amount of $5,961.34 for the year 2013 under Assessor's Parcel No. 225-51-011A 6. 3. Furnish Plat of Survey of the subject property by a Registered Land Surveyor in accordance with the "Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys" which became effective February 23, 2011. Said Plat of survey shall include the required certification and, at a minimum, also have shown thereon Items 1, 8, 11(b), 16, 17, 20(a), and 20(b) from Table A thereof. If zoning assurances are requested, Items 7(a), 7(b), 7(c) and 9 from Table A and information regarding the usage of the property must be included. 4. Furnish copies of any existing leases affecting the within described property and insertion of said leases in Schedule B of the Policy of Title Insurance. 5. Furnish copies of all Certificates required by Title 29, Chapter 3, Arizona Revised Statutes, on file with the Secretary of State relating to Walter and Jane Wong Family Investments, LLLP, a limited partnership. Said Certificates shall be certified by an authorized representative of the Secretary of State as true and correct copies and shall be accompanied by a Certificate from the Secretary of State's office stating that the Certificates presented constitute a complete set of Certificates filed in said office relative to the limited partnership stated. 6. Furnish a copy of the Partnership Agreement of Walter and Jane Wong Family Investments, LLLP, a limited liability limited partnership, together with any amendments thereto. Proper showing as to the type of entity and the location of the formation of Tucson Koi & Water Gardens. Additional requirements may be necessary upon being supplied with same. 8. Approval by all parties to this transaction of the description used herein. 9. Record Warranty Deed from Walter and Jane Wong Family Investments, LLLP, an Arizona limited liability limited partnership to Buyer(s). NOTE: If this will be other than a Cash Transaction, notify the title department prior to close and additional requirements will be made. Page 9 No. 475-5570816 NOTE: In connection with Arizona Revised Statutes 11-480, as of January 1, 1991, the County Recorder may not accept documents for recording that do not comply with the following: a. Print must be ten -point type or larger. b. A margin of two inches at the top of the first page for recording and return address information and margins of one-half inch along other borders of every page. C. Each instrument shall be no larger than 8-1/2 inches in width and 14 inches in length. 10. Return to title department for final recheck before recording. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Page 10 4; L CA CATALINA CITRUS ESTATES DK 06 PAGE 21 H6P ASSESSOR'S RECORD MAP ' MAGEE ROAD ,' "" DETAII. 2 225-51 Summ Hum L oTs 1-44, FORMERLY LoTs 1A do 1B 203-63 B1.oCas A & B DUCHESS PLAZA BOOK 1.5 PAGE 20 HSP r O 2 R : 4f O 40 go- r 39 ba 38�w O 91R' •rii r v '4 V ._..�_._._. t ti N J.l i 37r P b7 36 U 3g�/i y 11A Of� IA x'1\ www+srO�` 1 r ' ra 12E �7'1T 9O �yly>7 *�l�M•rer'"[®'�,�1✓���� 33 U i cf O ei��! Ye 49 �`w.Q.n.�.•- "wu�--T .fie sar'r>< lid\, � e n r !9 ,'� CCS raT No. 475-5570816 DISCLOSURE NOTE: In the event any Affidavit required pursuant to A.R.S. § 33-422 has been, or will be, recorded pertaining to the land, such Affidavit is not reflected in this Commitment nor will it be shown in any policy to be issued in connection with this Commitment. End of Requirements Page 12 GENERAL PLAN MAP TUCSON KOI & WATER GARDENS (OV914-001) "°UIVDED �`��� Attachment 3 EY gq�20,L °' ZONING PLAN MAP r9 TUCSON KOI & WATER GARDENS OV914-001 FUNDED Attachment 4 Attachment 5 Neighborhood Meeting Summary Tucson Koi and Water Gardens OV914-001 July 1, 2014, Planning and Zoning Commission Tucson Koi and Water Garden Neighborhood Meeting December 18, 2013 Approximately three neighbors and interested parties were in attendance. Planning Manager David Williams facilitated the event that included a brief presentation by Town staff discussing the Rezoning and Conditional Use Permit process, followed by a presentation by the applicant. A question and answer session followed the applicant's presentation, which is outline below. Issues discussed included Trash truck noise and hours Truck noise, no heavy equipment Hours of operation Screening, buffer yards Water Conservation Storage of plant material, mulch, etc. Mosquitos Sale of cactus vs. higher water use plants Consistency with the neighborhood commercial zoning designation Lighting impacts Dust impacts Safety of koi ponds Neighborhood bobcats Access/modifications to driveway Traffic Impact Analysis/ADOT requirements No alley access Will water features reduce road noise? Planning Manager David Williams closed the question and answer session and thanked everyone for their time and comments. This concluded the neighborhood meeting. Attachment 6 Resident Comment Tucson Koi and Water Gardens OV914-001 July 1, 2014, Planning and Zoning Commission From: Brian Davies 1 Ca)aol.corn [mailto: Briandavies1(cDwol.com] Sent: Sunday, December 22, 2013 8:22 PM To: Michels, Matthew Subject: Tucson Koi & Water Gardens Oracle Rd. Matt, Although I could not attend the Dec 18th meeting regarding the Tucson Koi & Water Gardens project on N Oracle Rd, I just wanted to offer support for the project. As the owner of the due South property 7780/7790 N Oracle —Newport Properties L.L.C. (Pella Building), I believe that the project will add to the neighborhood in significant ways. I do have a few concerns with our limited views of the Push ridge scenic area, but I believe with the proposed single level structures and parking lot arrangements, there will be no problem. Also, I realize we would have an easement with connecting parking roadways on the front North portion of our lot. That makes sense, as Oracle Road is a heavy traffic area. There is also the question as to the water hookup that (as the first property to significantly develop in that area) we had to pay quite heavily for, as we added the Eastern development on our property. Hopefully we can share that expense as you tie into it. Anyway, I offer a more immediate way to contact us, if you have concerns. Good luck and please keep us posted. Best, Brian R.Brian Davies/Jana Davies Newport Properties BrianDavies1 aaol.com 349-9497 cell Development and Infrastructure Services Conditions of Approval Tucson Koi and Water Gardens OV914-001 Town Council Planninq 1. A cultural resource survey, in accordance with Section 27.10.D.3.e.v.b, must be completed prior to the approval of the Final Site Plan. 2. Relocate the proposed nursery showroom to maintain the minimum Critical Resource Area setback, per Section 27.10.F.3.b.i.b. 3. Add open space percentage to table on Tentative Development Plan. Engineering 1. An in -lieu fee will be required for future construction of a 5' sidewalk along the Oracle Road frontage. An easement dedicated to the Town of Oro Valley will also be required for construction of the sidewalk. The fee and easement will need to be in place prior to issuance of a Certificate of Occupancy. The fee shall be held for a period of time not to exceed ten (10) years, after which, if the sidewalk has not been constructed, the in -lieu fee shall be returned to the applicant. (Town Subdivision Street Standards: Sec 6.3.2) 2. Revise the Tentative Development Plan to incorporate adequate off-street maneuvering area. (Zoning Code: Sec. 27.7.H and 27.8.C) 3. The sidewalk that is adjacent to the head in parking will be obstructed by the vehicle overhang from the parking space. Revise the TDP to incorporate an increased sidewalk width. (Zoning Code. Sec. 27.7.H) 4. Correct text to remove the language about providing a secondary access to the office complex to the south on page 27 of the Site Analysis. Planning Permitting Inspection & Compliance Engineering Operations Transit (520) 229-4821 (520) 229-481 5 (520) 229-4815 (520) 229-4894 (520) 229-5070 (520) 229-4990 Cclr111<a for our heri0ge, our cons nt-tnid, ,, our fiazire. 11000 N. La Canada Drive - Oro Valley. Arizona 85737 fax: (520) 742-1022 • www.orovalleVDIS.com Development and Infrastructure Services September 18, 2014 Paul Oland WLB Group 4444 E. Broadway Tucson, Arizona 85711 gpoland(aWbgroup.com Subject: Town Council Action Letter Tucson Koi Rezoning East side of Oracle Road approximately'/4 mile south of Magee Road. Rezoning, OV914-001 Dear Paul, The Town Council at their regular meeting of September 3, 2014, voted (7-0) to approve the requested rezoning from R1-144 and R-S to C-N subject to the attached conditions of approval. Town Council also approved use of the modified review process. The next step in the planning process is the submittal of the Final Site Plan package addressing all conditions of approval. We look forward to working with you through the Final Design process. The Final Site Plan Process Guide has been attached for your convenience. If you have any questions, please contact me at (520) 229-4812 or mspaetha-orovalleyaz.gov. Best Regards, r i Michael Spaeth Senior Planner 520-229-4812 mspaethCaD_orovalleyaz.gov Planning Permitting Inspection & Compliance Engineering Operations Transit (520) 229-4821 (520) 229-481 5 (520) 229-4815 (520) 229-4894 (520) 229-5070 (520) 229-4990 Caring for otir heritage. our Cot12i9 utfity, ozir fi-mire. 11000 N. La CaAada Drive • Oro Valley, Arizona 85737 fax: (520) 742-1022 - www.orovalleyDIS.com �PLIEY AR�20 � r► A A. }FOUNDED,91a Development and Infrastructure Services July 7, 2014 Paul Oland WLB Group 4444 E. Broadway Tucson, Arizona 85711 gpoland wlbgroup.com Subject: Planning and Zoning Commission Action Letter Tucson Koi & Water Gardens Rezoning East side of Oracle Road'/ mile south of Magee Road Rezoning, OV914-001 Dear Paul, The Planning and Zoning Commission at their regular meeting of July 1, 2014, voted to recommend approval of the requested rezoning from R1-144 and R-S to C-N. The Commission also voted to recommend approval of the modified review process. The next step in the planning process is consideration by Mayor and Council. The next available Town Council meeting date is September 3, 2014. Please submit via email, the Site Analysis and Tentative Development Plan by August 10 for inclusion in Town Council Packets. If you have any questions, please contact me at (520) 229-4812 or mspaeth(c-D-orovalleyaz.gov. Best Regards, Michael Spaeth, AICP Senior Planner Town of Oro Valley 520.229.4812 mspaethCcD-orovalleyaz.gov Planning Permitting Inspection & Compliance Engineering Operations Transit (520) 229-4821 (520) 229-481 5 (520) 229-4815 (520) 229-4894 (520) 229-5070 (520) 229-4990 Caringfor our heritage, our community, ourfuture. 11000 N. La Canada Drive - Oro Valley, Arizona 85737 fax: (520) 742-1022 • www.orovalleyDIS.com February 19, 2014 Town of Oro Valley Planning Division 11000 N. La Canada Drive Oro Valley AZ 85737 Re: Tucson Koi & Cactus To Whom It May Concern: MAR 032014 r o....... I hereby authorize The WLB Group, Inc. to represent the Tucson Koi & Water Gardens LLC in requests related to the entitlement and development of the proposed development located in the southeast corner of Oracle and Magee (parcel #225-51-012A). Sincerely, Tucson Koi & Water Gardens LLC Lee Goldberg MAR 3 2014 February 19, 2014 Town of Oro Valley Planning Division 11000 N. La Canada Drive Oro Valley AZ 85737 Re. Tucson Koi & Cactus To Whom It May Concern: I hereby authorize The WLB Group, Inc. to represent the Walter & Jane Wong Family Investments LLLP in requests related to the entitlement and development of the proposed development located in the southeast corner of Oracle and Magee (parcel #225-51-011A). However, in the event the proposed sale, enittement and subsequent development do not occur, this authorization will automatically be revoked. Sincerely ne Wong Family Investments, LLLP W. Wong T, P 72 R032014 No. 475-5570809 INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. 4 A M F, 1 f ` � = First American Ede 14 _ �41109 COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY ....................................................... on the following page COMMITMENT DATE ..................................................................Schedule A (Page 1) POLICIES TO BE ISSUED, AMOUNTS AND PROPOSED INSURED .............................. Schedule A (Page 1) INTEREST IN THE LAND.............................................................Schedule A(Exhibit A) DESCRIPTION OF THE LAND...........................................................on the following page EXCEPTIONS - PART ONE.............................................................. Schedule B (inside) EXCEPTIONS - PART TWO..............................................................Schedule B(inside) REQUIREMENTS (Standard) ...............................................................on the third page REQUIREMENTS (Continued) ........................................................... Requirements (inside) CONDITIONS...........................................................................on the third page YOU SHOULD READ THE COMMITMENT VERY CAREFULLY Page 1 No. 475-5570809 AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under the Commitment is limited by the following: The Provisions in Schedule A The Requirements The Exceptions in Schedule B - Parts 1 and 2 The Conditions This Commitment is not valid without SCHEDULE A and Parts 1 and 2 of SCHEDULE B. SCHEDULE B - EXCEPTIONS Part One of Schedule B will be eliminated from any A.L.T.A. Extended Coverage Policy, A.L.T.A. Plain Language Policy, A.L.T.A. Homeowner's Policy, A.L.T.A. Expanded Coverage Residential Loan Policy and any short form versions thereof. However, the same or similar exception may be made in Schedule B of those policies in conformity with Schedule B, Part Two of this Commitment. Part One: (for use with 2006 ALTA policies) 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession of the Land 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing t he issuance thereof; (c) water rights, claims or title to water, whether or not the matters exceptedunder (a), (b), or (c) are shown by the Public Records. Page 2 No. 475-5570809 Part One: (for use with 1992 and prior ALTA policies) 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water; whether or not the aforementioned matters excepted are shown by the public records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. REQUIREMENTS (Standard) The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (d) You must tell us in writing the name of anyone not referred to in this commitment who will get interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (Continued on Requirements Page) CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements are met. We shall have no liability to you because of this amendment. Page 3 No. 475-5570809 EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements or eliminate with our written consent any Exceptions shown in Schedule B We shall not be liable for more than the Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claims, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. Page 4 No. 475-5570809 +� ` First Ariarieala True Privacy Information We Are Committed to safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain Information. We understand that you may be concemed about what we will do with such Information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal Information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use Information we have obtained from any other source, such as Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal Information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, Including the period after which any customer relationship has ceased. Such Information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title Insurers, property and casualty Insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your Information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is Important you know how we treat the Information about you we receive on the Internet. In general, you can visit First American or Its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any Information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This Information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to Improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our hest efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile Information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize Information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize Its Importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct Inaccurate information. When, as with the public record, we cannot correct inaccurate Information, we will take all reasonable steps to assist consumers in Identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our Industry to collect and use Information In a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (8/1/09) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) Page 5 No. 475-5570809 First American Title Insurance Company SCHEDULE A Second Amended ESCROW/CLOSING INQUIRIES should be directed to your Escrow Officer: Janice Saunders at (520)615-4231 Address Reference: Oracle/Magee Road Tucson, AZ Effective Date: September 11, 2013 at 7:30 a.m. 1. Policy or (Policies) to be issued: ALTA 2006 Extended Owner's Policy for $200,000.00 Proposed Insured: Tucson Koi and Water Gardens, LLC, an Arizona limited liability company 2. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: Bernard Fisher and Theresa Fisher, husband and wife 3. Title to the estate or interest in the land upon issuance of the policy shall be vested in: Tucson Koi and Water Gardens, LLC, an Arizona limited liability company 4. The land referred to in this Commitment is located in Pima County, AZ and is described as: SEE EXHIBIT "A " ATTACHED HEREIN Title officer: Charlie Davies @ (602)685-7275. Pages 1 through 5 of this document consist of the Title Insurance Commitment contract and our Privacy Policy. Page 6 No. 475-5570809 EXHIBIT "A" ALL THAT PART OF BLOCK "B" OF SUFFOLK HILLS, A SUBDIVISION OF PIMA COUNTY, ARIZONA, ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA, IN BOOK 13 OF MAPS AND PLATS AT PAGE 18, THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF BLOCK "B"; THENCE SOUTH 10 DEGREES 16 MINUTES 10 SECONDS WEST, ALONG THE WEST LINE OF SAID BLOCK "B" 150 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 10 DEGREES 16 MINUTES 10 SECONDS WEST, ALONG THE WEST LINE OF BLOCK "B" A DISTANCE OF 155 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 29 SECONDS EAST, 406.52 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK "B"; THENCE NORTH 10 DEGREES 16 MINUTES 10 SECONDS EAST, ALONG THE EAST LINE OF BLOCK "B" A DISTANCE OF 155 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 29 SECONDS WEST, A DISTANCE OF 406.52 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT FROM THE ABOVE DESCRIBED PROPERTY, THAT PORTION CONVEYED TO THE STATE OF ARIZONA BY DEED RECORDED MARCH 13TH, 1979 IN DOCKET 5982 AT PAGE 577, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH 155.00 FEET OF THE NORTH 305.00 FEET OF BLOCK "B", SUFFOLK HILLS ACCORDING TO THE PLAT OF RECORD IN BOOK 13, OF MAPS AT PAGE 18, RECORDS OF PIMA COUNTY, ARIZONA, AS MEASURED ALONG THE WEST LINE OF SAID BLOCK "B", WHICH LIES WITHIN THE FOLLOWING DESCRIBED TRACT OF LAND: BEGINNING AT THE NORTHWEST CORNER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA; THENCE SOUTH 89 DEGREES 59 MINUTES 40 SECONDS EAST ALONG THE NORTH LINE THEREOF, A DISTANCE OF 1156.81 FEET TO THE EXISTING CENTERLINE OF U.S. HIGHWAY 89 (TUCSON — ORACLE JCT. — GLOBE HIGHWAY); THENCE SOUTH 10 DEGREES 16 MINUTES 50 SECONDS WEST ALONG SAID EXISTING CENTERLINE, A DISTANCE OF 1087.69 FEET; THENCE SOUTH 79 DEGREES 43 MINUTES 10 SECONDS EAST, 100.00 FEET TO THE TRUE POINT OF BEGINNING ON THE EXISTING EASTERLY RIGHT OF WAY LINE OF SAID U.S. HIGHWAY 89; THENCE CONTINUING SOUTH 79 DEGREES 43 MINUTES 10 SECONDS EAST, 50.00 FEET; THENCE SOUTH 10 DEGREES 16 MINUTES 50 SECONDS WEST, 100.00 FEET; THENCE NORTH 79 DEGREES 43 MINUTES 10 SECONDS WEST, 50.00 FEET TO SAID EXISTING EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 89; Page 7 No. 475-5570809 THENCE NORTH 10 DEGREES 16 MINUTES 50 SECONDS EAST ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 100.00 FEET TO THE TRUE POINT OF BEGINNING. Page 8 First American Title Insurance Company SCHEDULE B Second Amended PART TWO: DELETED INTENTIONALLY No. 475-5570809 2. Any charge upon said land by reason of its inclusion in Central Arizona Water Conservation District. (All assessments due and payable are paid.) 3. Reservations or Exceptions in Patents, or in Acts authorizing the issuance thereof. 4. Easements, restrictions, reservations, conditions and set -back lines as set forth on the plat recorded as Book 13 of Maps, Page 18, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 5. The terms, conditions and provisions contained in the document entitled "Deed of Easement" recorded June 25, 2007 as Docket 13083, Page 4960. 6. DELETED INTENTIONALLY 7. The rights of parties in possession by reason of any unrecorded lease or leases or month to month tenancies affecting any portion of the within described property. NOTE: This matter will be more fully set forth or deleted upon compliance with the applicable requirement(s) set forth herein. 8. Water rights, claims or title to water, whether or not shown by the public records. 9. Second installment of 2013 taxes, a lien, payable on or before March 1, 2014, and delinquent May 1, 2014. 10. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. End of Schedule B Page 9 First American Title Insurance Company Second Amended REQUIREMENTS: No. 475-5570809 1. Compliance with A.R.S. 11-480 relative to all documents to be recorded in connection herewith. See note at end of this section for details. 2. Pay first half of 2013 taxes. NOTE: Taxes are assessed in the total amount of $5,636.51 for the year 2013 under Assessor's Parcel No. 225-51-012A 7. 3. DELETED INTENTIONALLY 4. Furnish copies of any existing leases affecting the within described property and insertion of said leases in Schedule B of the Policy of Title Insurance. 5. DELETED INTENTIONALLY 6. Proper showing as to the type of entity and the location of the formation of Tucson Koi & Water Gardens. Additional requirements may be necessary upon being supplied with same. (REQUIREMENT SATISFIED) 7. Approval by all parties to this transaction of the description used herein. Record Warranty Deed from Bernard Fisher and Theresa Fisher, husband and wife to Buyer(s). NOTE: If this will be other than a Cash Transaction, notify the title department prior to close and additional requirements will be made. NOTE: In connection with Arizona Revised Statutes 11-480, as of January 1, 1991, the County Recorder may not accept documents for recording that do not comply with the following: a. Print must be ten -point type or larger. b. A margin of two inches at the top of the first page for recording and return address information and margins of one-half inch along other borders of every page. C. Each instrument shall be no larger than 8-1/2 inches in width and 14 inches in length. Return to title department for final recheck before recording. Page 10 No. 475-5570809 The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Page 11 I ASSESSOR'S RECORD MAP gAGEE ROAD ,,.a 225-51 S UFFOLK HILLS DETAIL 2 LoTs 1-44, FORMERLY LoTs 1A & 1B 203-63 BLOCKS A & B .. $ d: 63 e _.... ms ♦ 56 s ae:-oo W 11A s a.. .51A 12i 1E �..;s p - 54 50; 3L6 re' 52A `49 oill CGS�f SU4"r'1S Y o Ts® �7 V'y-' FEET N (3) 0) f6 d No. 475-5570809 DISCLOSURE NOTE: In the event any Affidavit required pursuant to A.R.S. § 33-422 has been, or will be, recorded pertaining to the land, such Affidavit is not reflected in this Commitment nor will it be shown in any policy to be issued in connection with this Commitment. End of Requirements Page 13 Notice In addition to the Town of Oro Valley (the "Town"), there maybe other jurisdictions affecting development of the property. If a Property developer waits until late in the development process to contact other pertinent governmental agencies or bodies, additional expense and time in coordination, redesign and development may be a result. Examples of other governmental agencies and /or bodies my have overlapping jurisdiction over this property include but are not limited to the following: Federal: ■ The United States Department of the Interior, Fish and Wildlife Service is responsible for Endangered Species Act compliance, etc. Please note habitat has been designated within the Town. U.S. Fish and Wildlife Field Division 2321 West Royal Palm Road, Suite 103 Phoenix, AZ 85021-4951 Phone 602-640-2720 Fax 602-620-2730 ■ The United States Corps of Engineers: This agency is responsible for management of jurisdictional waters, etc. Section 404 consultation may be required on properties that contain washes. U.S. Army Corps of Engineers 5205 E. Comanche Davis Monthan AFB Tucson, AZ 85707 Phone 520-284-4486 Fax 520-584-4497 State: ■ Arizona Department of Environmental Quality: This agency has multiple responsibilities. Please contact directly for further information. ADEQ 1110 W. Washington Street Phoenix, AZ 85007 602-771-2300 County: ■ Pima County Department of Environmental Quality: This agency has multiple responsibilities. Please contact for further information. PDEQ 201 N. Stone Avenue, 2nd floor Tucson, AZ 85701 520-740-6520 Please be advised, issuance of a permit DOES NOT, nor should it be construed, to imply compliance with Federal, State or County regulations. If you have any questions concerning your responsibilities under federal law, place contact the applicable agency. Applicant name: The wLB croup Inc, Attn: Paul Oland Contact phone, address & email (520) 881-7480, 4444 E Broadway Blvd. Tucson AZ gpoland@wlbgroup.com .Site location: Southeast comer of Oracle and Magee Road Proposed use Retail plant nursery and water gardens /� <� � il I � Z Applicant signature 2.21.14 Date Case/File number 15 0�0 JPLLEY q/Z,�O2 J' J POUNDE 1a Planning and Zoning Division 11000 N. La Canada Drive, Oro Valley AZ 85737 Phone: (520) 229-4800 Fax: (520) 742-1022 www.arovallevaz.gov REQUEST FOR PREAPPLICATION CONFERENCE MAR 032014 ..................... PROJECT DESCRIPTION: We propose to develop a retail plant nursery on approximately three acres located just south of the Plaza Escondida Shopping Center. In addition to a showroom and sales area for desert flora, the grounds will also feature a cactus garden and shade structure / water feature / koi pond demonstration garden. The property is bisected by a minor wash, which will be incorporated into the overall design of the site, and which will be crossed by a pedestrian bridge providing access between the showroom building and the gardens. The property is designated by the General Plan as NCO, and is also within a Growth Area. The zoning is not yet commercial, but is immediately adjacent on two sides to the large assemblage of C-2 zoning at Oracle & Magee. We'd like to request C- 2 zoning, but the Code says we need at least 10 acres. C-1 requires at least 5 acres, so it appears our commercial zoning option is limited to C-N despite the fact that there is already a mass of C-2 established at that location. Could (or has) the minimum acreage requirement be interpreted as applying to the zoning area as a whole? In other words, and more specifically, could we request C-2 since there is already 108 acres of C-2 zoning adjacent to this property? LOCATION..........................................................................................................................................SE of Oracle Rd. & Magee Rd. ZONING..........................................................................................................................................................................RS & R1-144 PARCELNUMBER(S)............................................................................................................................225-51-011A / 225-51-012A TYPEOF REQUEST.............................................................................................................................................................. Rezoning APPLICANT NAME / FIRM.................................................................................................. The WLB Group, Inc., Attn: Paul Oland APPLICANT ADDRESS............................................................................................................4444 E. Broadway, Tucson, AZ 85711 APPLICANT PHONE / FAX.................................................................................................................520.881.7480 / 520.881.7492 APPLICANTEMAIL.................................................................................................................................... gpoland@wlbgroup.com PROPERTY OWNER .................................................. Walter & Jane Wong Family Investments, LLLP / Bernard & Theresa Fisher i SIGNATURE: DATE: ' 13 ,,,0 ❑ SUBMITTALS MUST BE RECEIVED BY THE PLANNING DEPARTMENT AT LEAST TEN (10) WORKING DAYS IN ADVANCE OF THE DESIRED PREAPPLICATION CONFERENCE DATE. ❑ SUBMITTAL REQUIREMENTS "ALL PLANS MUST BE FOLDED PER PIMA COUNTY FOLD." ❑ FIFTEEN (15) COPIES (24X36) OF THE PROJECT CONCEPT PLAN, WITH LOCATION MAP. Revised 11-20-08 atIEV AHir °`� Rezoning . Planning and Zoning Commission Staff Report •ONNDED 19s. CASE NUMBER: OV914-001 Tucson Koi & Water Gardens MEETING DATE: July 1, 2014 AGENDA ITEM: 2 STAFF CONTACT: Michael Spaeth, Senior Planner mspaeth(a-)-orovalleyaz.gov (520) 229-4812 Applicant: The WLB Group Inc., Paul Oland Request: Rezoning from R1-144 and R-S to C-N for approximately 2.8 acres. Location: East side of Oracle Road approximately'/mile south of Magee Road. Recommendation: Approve with the conditions in Attachment 1. SUMMARY: The proposed rezoning is from R1-144 and Residential -Services (R-S) to Neighborhood Commercial (C-N) for an approximately 2.8-acre property located on the east side of Oracle Road approximately'/mile south of Magee Road. The subject property is traversed by a riparian corridor to be preserved as natural open space. The riparian corridor bisects the site into two halves connected by a pedestrian bridge. The Tentative Development Plan (TDP) proposes the development of an approximately 1,800 sq. ft. retail building and two greenhouses used for storage on the southern portion of the site. The sole access point for the site and parking/loading areas are similarly located on the southern portion of the site. Display gardens, planter beds, a walking path and shaded seating are proposed for the northern portion of the site. The applicant's proposal is provided in Attachment 2. BACKGROUND: Land Use Context The Existing Land Use, General Plan and Zoning for the property and the surrounding area is summarized below and depicted in Attachments 3 and 4. 2 OV 914-001 Tucson Koi and Water Gardens Planning and Zoning Commission Staff Report Page 2 of 8 EXISTING LAND USE GENERAL PLAN ZONING SUBJECT Neighborhood Single -Family Residential PROPERTY Vacant Commercial/Office (R1-144) and Residential Services (R-S) NORTH Plaza Escondido Community/Regional Regional Commercial (C-2) Shopping center Commercial SOUTH Medical Offices Neighborhood Commercial/Office Residential Services (R-S) EAST Suffolk Hills Single Low Density Single -Family Residential Family Subdivision (0.4 — 1.2 du/ac) R1-36 (Avg. Lot Size: 37600 sq.ft.) WEST Oracle Crossings Community/Regional Regional Commercial (C-2) Commercial Approvals to Date The subject properties were annexed into the Town in 2003 with translational zoning of R1-144 and R-S. Proposed Zoning District The applicant proposes to rezone the property from R1-144 and R-S to C-N. DISCUSSION / ANALYSIS: Rezoning Analysis The Neighborhood Commercial (C-N) zoning district is intended to allow for uses compatible and complimentary with adjacent residential districts. The allowed uses are complimentary to surrounding residential uses and serve as appropriate land use transitions from lower intensity land uses to higher intensity land uses. The proposed Neighborhood Commercial Zoning in this location is consistent with the intent of the zoning district. The applicant is concurrently requesting the approval of a Conditional Use Permit to allow for a plant nursery on the site (see Staff Report for Agenda Item 3). Conformance of the proposed Tentative Development Plan (TDP) for the proposed nursery with the C-N zoning district is provided below. OV 914-001 Tucson Koi and Water Gardens Planning and Zoning Commission Staff Report C-N Zoning District Conformance Page 3 of 8 The proposed Tentative Development Plan (TDP) conforms to the development standards of the C-N zoning district. Please note, additional zoning standards will be addressed during the subsequent site plan review process. The following development standards are notable for this proposal: Building Heights: Building heights are limited to 25' or two stories. The Neighborhood Commercial Zoning District further restricts buildings within 85' of adjacent residential neighborhoods to the maximum building height of the associated residential zoning district. The proposed buildings meet this development standard. 2. Neighborhood Compatibility. The proposed C-N zoning is in compliance with the Neighborhood Commercial/Office designation on the General Plan Map and would serve as an appropriate land use transition from lower intensity residential land uses to the east and Oracle Road to the west. The proposed building is situated near Oracle Road, conserving a majority of the site as natural open space and outdoor display gardens as additional buffer for the adjacent residential. 3. Courtyards and Pedestrian Malls: The proposed Tentative Development Plan includes outdoor display gardens situated alongside a walking path with shaded seating areas. The outdoor display gardens are consistent with the Courtyards and Pedestrian Malls requirement of the C-N zoning district. 4. Access/Circulation: The property has one access point from Oracle Road. The proposed driveways meet driveway spacing requirements and have been approved by Engineering. The location of the required loading zone and refuse enclosure creates maneuverability concerns. A condition has been added in Attachment 1 to address the issue. Modified Review Process The Environmentally Sensitive Lands (ESL) zoning regulation (Section 27.10.F.2.c.i.a.) provides for a modified review process at Town Council's discretion for rezoning applications. If enabled, it allows for administrative review and approval of a site plan, provided it conforms to the rezoning -related Tentative Development Plan. This provision, and other incentives, are intended as an additional benefit for conserving open space. The applicant has requested use of the modified review process and this request will be considered by Town Council in conjunction with this rezoning case. The recommendation section of this report includes a recommendation to Town Council on the use of this modified review process. This modified process heightens the importance of the review and consideration of the Tentative Development Plan (TDP) during the Planning and Zoning Commission's public hearing. OV 914-001 Tucson Koi and Water Gardens Planning and Zoning Commission Staff Report Environmentally Sensitive Lands (ESL) Conservation Categories (Biologically Based) Page 4 of 8 The riparian area bisecting the site is designated Critical Resource Area (CRA) on the Town's Environmentally Sensitive Lands Planning Map. This area requires ninety-five (95%) percent Environmentally Sensitive Open Space (ESOS) conservation. The project conserves ninety- five (95%) percent of the ESOS within this category, consistent with the minimum requirement. The proposed nursery showroom does not appear to maintain the required minimum setback apron from the CRA. A condition has been added to modify the location of nursery showroom to ensure conformance with this requirement. Vegetation The applicant has surveyed the property for Significant Vegetation. Based on the preliminary vegetation analysis, there are no distinct native plant stands as defined by the zoning code. See Section 1-D of the Site Analysis for additional information. A full native plant inventory is required during the subsequent site plan process following the rezoning process. Habitat The applicant submitted an on-line environmental review letter from Arizona Game and Fish Department. This review indicates that there are no State listed threatened or endangered species within 3 miles of the subject property. Conservation Categories (Non -biologically Based) Cultural Resources The applicant submitted a letter from the Arizona State Museum (ASM) indicating that the subject property has not been surveyed for cultural resources and there are no historic properties recorded on the property. The ASM recommends that the property be surveyed for cultural resources prior to development. A condition has been included requiring the cultural resource survey be completed prior to approval of the Final Site Plan. Scenic Resources The applicant has submitted site elevations of the proposed development on primary view sheds from adjacent areas. This information was used to determine the proposed use will have a minimal impact on existing view sheds. The site is characterized by a moderate slope from east to west with an elevation change of approximately sixteen (16') feet. OV 914-001 Tucson Koi and Water Gardens Planning and Zoning Commission Staff Report Hillside Areas Page 5 of 8 The applicant conducted a hillside analysis of the site and found no slopes regulated as hillside areas (slopes 15% or greater). General Plan Conformance Analysis The subject properties are designated as Neighborhood Commercial/Office on the General Plan Future Land Use Map. The rezoning proposes Neighborhood Commercial (C-N), which is consistent with the Neighborhood Commercial/Office land use category. Rezoning applications are also evaluated for consistency with the Vision, Goals and Policies of the General Plan. The following sections provide analysis relative to the consistency of the rezoning request with the General Plan Vision and key General Plan Goals and Policies. Excerpts from the General Plan are shown in italics, followed by staff comment. General Plan Vision To be a well planned community that uses its resources to balance the needs of today against the potential impacts to future generations. Oro Valley's lifestyle is defined by the highest standard of environmental integrity, education, infrastructure, services, and public safety. It is a community of people working together to create the Town's future with a government that is responsive to residents and ensures the long-term financial stability of the Town. The proposed rezoning is consistent with the General Plan Vision. As discussed, the allowed uses in a Neighborhood Commercial Zoning District are those that are complimentary and compatible with adjacent or neighboring residential. The proposal is consistent with adjacent land uses and will serve as an appropriate land use transition. The application has been reviewed against notable General Plan Goals and Policies. Policy 1.1.4 The Town shall commit to preserve, protect, and enhance the visual qualities of Oro Valley and surrounding visually significant areas, such as ridgelines. The applicant's request for C-N will allow for lower intensity uses capable of preserving and enhancing the visually significant areas, including ridgelines. The level of development intensity for the proposed use is compatible and will have a minimal impact on surrounding visually significant areas. The applicant's proposal is consistent with this General Plan Policy. Policy 1.3.3 The Town shall encourage the establishment of new commercial uses in areas so designated on the land use map near new residential neighborhoods with the type, scale, and potential for buffering to be taken into account. Allowed uses in the C-N zoning district are of a small office nature, or service centers intended to be located near adjacent residential development. The allowed uses must be compatible with neighboring residential and therefore will be of a type, scale and potential to maintain OV 914-001 Tucson Koi and Water Gardens Planning and Zoning Commission Staff Report Page 6 of 8 compatibility. The proposed nursery use is appropriately suited to be adjacent to residential uses and will be of a complimentary type and scale that is compatible with adjacent residential. The proposed Tentative Development Plan is consistent with this General Plan Policy. Policy 1.4.8 The Town shall continue to require adequate buffering of commercial and employment uses from adjacent neighborhoods, with special consideration being given to placing office or other less intense uses adjacent to the residential uses. The appropriate scale of allowed uses in the C-N zoning district is of a low to medium intensity. As a result of lower intensity development, C-N uses will serve as an appropriate land use transition between the less intensive residential uses to the east and the more intensive commercial uses to the north and west. The limited building footprint proposed for the nursery will provide additional buffering and separation. The proposed Tentative Development Plan locates the nursery showroom on the western portion of the site, away from existing residential, and proposes to locate the less intensive greenhouses nearer to the adjacent residential. The proposed Tentative Development Plan is in conformance with this General Plan Policy. Policy 11.1.8 The Town shall use natural open space preservation as one criterion in considering land use rezoning proposals. Developments shall utilize natural open space to comply with requirements for landscaped areas and buffer areas. The lower intensity nature of C-N uses encourages natural open space conservation. The smaller building footprints of C-N uses allows for additional open space conservation and increased buffering for adjacent uses. The proposed Tentative Development Plan has conserved the riparian corridor bisecting the property and has proposed landscape areas and buffer yards to provide additional open space areas. The applicant's proposal is in conformance with this General Plan policy. Engineering Comments The Site Analysis addresses issues related to drainage and traffic. For drainage, the proposed rezoning request acknowledges that the development will be designed so that post -developed drainage conditions are consistent with pre -developed conditions in accordance with Town requirements. One main natural wash affects the subject property, flowing in a westerly direction through the center of the development. The drainage system for the project shall be designed to ensure, among other requirements, that all habitable structures adjacent to the wash will be protected from flooding and erosion. Increased run-off from the development will be mitigated by use of small detention basin which will ultimately discharge into the existing wash. The natural wash will sustain minimal disturbance as a result of this project and will continue to drain to existing culverts under Oracle Road. OV 914-001 Tucson Koi and Water Gardens Planning and Zoning Commission Staff Report Page 7 of 8 One ingress/egress access point is proposed to connect to Oracle Road which will provide right-in/out access only. Oracle Road is under the jurisdiction of the Arizona Department of Transportation (ADOT) and access will be required to be permitted by ADOT. This project is expected to generate a very low volume of traffic and therefore will not have a noticeable impact on the surrounding roadway network. PUBLIC PARTICIPATION: Summary of Public Notice Public notice has been provided: • Letter to all property owners within 600 feet • Homeowners Association mailing • Advertisement in The Daily Territorial newspaper • Post on property • Post at Town Hall and on website Neighborhood Meetings A neighborhood meeting was held on December 18, 2013 at the Quality Inn & Suites south of the subject property, with approximately 3 residents and interested parties in attendance. Notable discussion topics included neighborhood buffers, traffic, building height, hours of operation and potential nuisances. A copy of the neighborhood meeting summary has been included Attachment 5. Staff has received one (1) email in support of the project which has been included as Attachment 6. RECOMMENDATION: Based on the following findings: • The request is consistent with the General Plan Vision, Goals and Policies; • The request is consistent with the Neighborhood Commercial/Office General Plan Designation on the General Plan Future Land Use Map; • The proposed Tentative Development Plan proposes development compatible with the sensitivity of the Critical Resource Area bisecting the site. • The allowed uses in the proposed zoning district will serve as appropriate land use buffers between the more intensive uses to the north and west, and the less intensive uses to the south and east. It is recommended that the Planning and Zoning Commission take the following action: OV 914-001 Tucson Koi and Water Gardens Page 8 of 8 Planning and Zoning Commission Staff Report Recommend approval to the Town Council of the requested Rezoning OV914-001 and the use of the modified review process in Section 27.10.F.2.c.i.a, subject to the conditions on Attachment 1 SUGGESTED MOTIONS: I move to recommend approval of the Tucson Koi & Water Gardens Rezoning from R1-144 and R-S to C-N including the use of the modified review process in Section 27.10.F.2.c.i.a, based on the findings that the request is consistent with the General Plan and subject to the conditions in Attachment 1. OR I move to recommend denial of the Tucson Koi & Water Gardens Rezoning from R1-144 and R-S to C-N, based on the findings that the request is not consistent with the General Plan, specifically ATTACHMENTS: 1. Conditions of Approval 2. Site Analysis and Tentative Development Plan 3. General Plan Land Use Map 4. Zoning Map 5. Neighborhood Meeting Summary Notes 6. Resident Communication Bayer Vella, Interim Planning Ma ger Attachment 1 Conditions of Approval Tucson Koi and Water Gardens OV914-001 July 1, 2014, Planning and Zoning Commission Planning 1. A cultural resource survey, in accordance with Section 27.10.D.3.e.v.b, must be completed prior to the approval of the Final Site Plan. 2. Relocate the proposed nursery showroom to maintain the minimum Critical Resource Area setback, per Section 27.105.3.b.i.b. 3. Add open space percentage to table on Tentative Development Plan. Engineering 1. An in -lieu fee will be required for future construction of a 5' sidewalk along the Oracle Road frontage. An easement dedicated to the Town of Oro Valley will also be required for construction of the sidewalk. The fee and easement will need to be in place prior to issuance of a Certificate of Occupancy. The fee shall be held for a period of time not to exceed ten (10) years, after which, if the sidewalk has not been constructed, the in -lieu fee shall be returned to the applicant. (Town Subdivision Street Standards: Sec 6.3.2) 2. Revise the Tentative Development Plan to incorporate adequate off-street maneuvering area. (Zoning Code: Sec. 27.7.H and 27.8.C) 3. The sidewalk that is adjacent to the head in parking will be obstructed by the vehicle overhang from the parking space. Revise the TDP to incorporate an increased sidewalk width. (Zoning Code: Sec. 27.7.H) 4. Correct text to remove the language about providing a secondary access to the office complex to the south on page 27 of the Site Analysis.