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
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PZ PROJECT MANAGER
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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
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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�
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WLB No. 113036-A-001
The TUCSON KOI & WATER GARDENS 2014.08.08 Ell01 1000,
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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)
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'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
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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
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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"
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WLB No. 113036-A-001
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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.
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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
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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:
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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
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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:
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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
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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:
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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
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If the Environmental Review Receipt and supporting material are not
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Print this Environmental Review Receipt using your Internet browser's
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Please provide point of contact information regarding this
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Address:
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E-mail:
Person Conducting Search (if not applicant)
Agencylorgan ization:
Page 6 of 7 APPLICATION INITIALS:
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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
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FEET
http:llgis pima.gov/maps/mapguide/dotmap65.mwf
Thursday, February 06, 2014 11:10 AM
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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-:
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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
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1775 W. Winbledon Way
Oro Valley, AZ85737
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FIMBRES ANTHONY R
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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;
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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
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.51A
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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.