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HomeMy WebLinkAboutOV90703�O�PLLEY *qR��O O r r 4 � D 19�� UNDE� November 16, 2006 A4/ TOWN OF ORO VALLEY / / 11000 N. LA CANADA DRIVE ORO VALLEY, ARIZONA 85737 Administrative Offices (520) 229-4700 Fax (520) 297-0428 www.townoforovalley.com Mr. Brent Sinclair Community Development Director Community Development Services Town of Oro Valley 11,000 N. La Canada Drive Oro Valley, AZ 85737 The Oro Valley Mayor and Council adopted the following annexation ordinances on October 4, 2006: Ordinance No. (0) 06-18 - 2.85 acres known as "Area M" Ordinance No. (0) 06-19 - '120.5 acres known as "Area N" Annexation maps for Areas M and N were recorded in the Office of the Pima County Recorder at Book 61, Page 78 for Area M and Book 61, Page 79 for Area N. Annexation for both of these areas became effective on November 4, 2006 at 12:01 a.m. Sincerely, Kathryn E. Cuvelier, CMC Town Clerk Enclosures Chapter 18.13 Page 1 of 7 Chapter 18.13 RH RURAL HOMESTEAD ZONE* Sections: 18.13.010 Purpose. 18.13.020 Permitted uses. 18.13.030 Conditional uses. 18.13.040 Development standards -General. 18.13.045 Development standards -Manufactured home park. 18.13.050 Development standards -Accessory buildings and accessory structures. 18.13.060 Exceptions. 18.13.070 Cluster development option. *Prior ordinance history: Ords. 1985-82 and 1985-153. 18.13.010 Purpose. A. Purpose: This zone is intended to preserve the character and encourage the orderly growth of rural areas in the county. It is intended to encourage rural development in areas lacking facilities for urban development and to provide for commercial and industrial development only where appropriate and necessary to serve the needs of the rural area. (Ord. 1985-187 § 1 (part), 1985) 18.13.020 Permitted uses. A. Uses permitted: 1. Single detached dwelling; 2. Manufactured or mobile home or trailer; 3. Guest dwelling: In accordance with Section 18.09.020G (General Residential and Rural Zoning Provisions) [proposed]; 4. Accessory structures; 5. Crop production, used only for the purpose of propagation and cultivation and not for retail sales, including field crops, truck gardening, berry or bush crops, tree crops, flower gardening, nurseries and aviaries; 6. Reserved; 7. The raising and grazing of livestock; 8. The raising of hogs: In accordance with Section 18.12.020A9 (IR Institutional Reserve Zone); 9. Hog raising projects, which exceed the permitted number of hogs, sponsored by the 4-H Club, Future Farmers of America or other similar nonprofit organization: In accordance with Section 18.12.020A11 (IR Institutional Reserve Zone); 10. The raising of poultry and other small animals; http://www.co.pima.az.us/cob/code/cl8a9.html 01/18/2007 Chapter 18.13 Page 2 of 7 11. Private stable; 12. Commercial stable or riding school, provided: a. There is a minimum site of ten acres, and b. That all buildings be set back a minimum of one hundred feet from any property line; 13. Community stable, provided: a. The site is a minimum of ten acres, b. The stable shall be located within and not closer than two hundred feet from the boundary of the site or subdivision to be served, c. All roads and parking areas shall be surfaced with a dust -proof material to minimize the creation of dust, and d. There shall be no outside audio amplification on the site; 14. Farm products stand, provided: a. The stand does not exceed seven hundred fifty feet, and b. All other requirements of Section 18.12.020A15 (IR Institutional Reserve Zone) are met; 15. Animal hospital, provided no structure, shelter, animal run or fenced area be within one hundred feet of any abutting property in a rural or residential zone, and animal runs enclosed within the buildings; 16. Governmental uses; 17. Public park; 18. Public school; 19. Child care center; 20. Group foster home: In accordance with Section 18.09.020E (General Residential and Rural Zoning Provisions); 21. Church, provided there is a minimum eighty -foot setback from any property line; 22. Health clinic, provided: a. There is a minimum one hundred -foot setback from any property line, and b. The clinic has access onto a paved public road with "collector" classification or higher; 23. Home occupation; 24. Temporary real estate office: In accordance with Section 18.17.020A8 (SR Suburban Ranch Zone); 25. Raising of ratites, subject to the following requirements: a. Animals shall be confined within minimum six -foot -high, stock -tight corrals; b. Minimum setbacks for ratite corrals and shelter structures within corrals: Fifty feet from front property line and property lines which abut public maintained roads and ten feet from side and rear property lines; 26. Nature reserve. (Ord. 1999-34 § 3, 1999; Ord. 1997-20 § 3 (part), 1997; Ord. 1994-146 § 2, 1994; Ord. 1986-150 (part), 1986; (Ord. 1986-125 § 1 (part), 1986; Ord. 1985-187 § 1 (part), 1985) 18.13.030 Conditional uses. A. Procedure: In accordance with Chapter 18.97 (Conditional Use Permits). B. Uses conditionally permitted: 1. Agricultural processing facility, including wineries: a. Type II procedure, b. Minimum setback: Three hundred feet from any property line, c. Notification area: Six hundred feet; 2. Commercial feedlot: a. Type III procedure, http://www.co.pima.az.us/cob/code/cl8a9.html 01/18/2007 Chapter 18.13 Page 3 of 7 b. Minimum setback: Five hundred feet from any property line, c. Notification area: One thousand feet; 3. Hog ranch: a. Type III procedure, b. Hogs be penned a minimum of five hundred feet from any property line, c. Notification area: One thousand feet; 4. Racetrack for the racing of animals: a. Type II procedure, b. Minimum setback: Two hundred feet from any property line, c. Notification area: One thousand feet; 5. Feed store: a. Type II procedure, b. Access be onto a paved public road with collector classification or higher; 6. Minor resort: In accordance with Section 18.12.030B7 (IR Institutional Reserve Zone); 7. Grocery store or convenience store: a. Type II procedure, b. Maximum floor area: four thousand square feet; 8. Gasoline service station: a. Type II procedure, b. Access be onto a paved public road with "collector" classification or higher; 9. Automobile repair or parts store: a. Type II procedure, b. Maximum floor area: Two thousand square feet, c. Paint spray operations prohibited; 10. Retail or repair shop: a. Type II procedure; 11. Personal services, including hair salon, barber shop, catering service or interior decoration: a. Type II procedure, b. Maximum floor area: Two thousand square feet; 12. Restaurant: Type II procedure; 13. Tavern: a. Type II procedure, b. Maximum floor area: Two thousand square feet, c. Notification area: Six hundred feet; 14. Professional and semiprofessional services: a. Type I procedure, b. Maximum floor area: Two thousand square feet; 15. Private recreational club: a. Type II procedure, b. Minimum setback: one hundred feet from any property line, c. Access to onto a paved public street with "collector" classification or higher, d. Notification area: Six hundred feet; 16. Fairgrounds or carnival: a. Type II procedure, b. Minimum setback: Two hundred feet from any property line, c. Notification area: one thousand feet; 17. Zoo and other animal exhibits: a. Type II procedure, b. Minimum setback: One hundred feet from any property line, c. Notification area: One thousand feet; http://www.co.pima.az.us/cob/code/cl 8a9.html 01/18/2007 Chapter 18.13 Page 4 of 7 18. Museum: a. Type II procedure, b. Minimum setback: One hundred feet from any property line, c. Notification area: Six hundred feet; 19. Skeet, trap, rifle or pistol range: In accordance with Section 18.12.030B 11 (IR Institutional Reserve Zone); 20. Reserved; 21. Contractors yard: In accordance with Section 18.12.030B15 (IR Institutional Reserve Zone); 22. Cemetery or crematorium: a. Type II procedure, b. All buildings be set back a minimum of one hundred feet from any property line, except that a crematorium shall be set back a minimum of two hundred feet from any property line; 23. Sand and gravel operation, including asphalt and cement plants: In accordance with Section 18.12.030B12 (IR Institutional Reserve Zone); 24. Bank, (except non -chartered financial institutions): a. Type II procedure, b. Minimum setback: One hundred feet from any property line, c. Access be from a paved public road with "collector" classification or higher, d. Notification area: Six hundred feet; 25. Airport facilities: In accordance with Chapter 18.57; 26. Sanatorium or rest home: Type I procedure; 27. Commercial kennel: a. Type I procedure, b. Minimum setback: One hundred feet from any property line; 28. Water, telephone or telegraph distribution installation or electrical receiving or distribution station (with or without a building: In accordance with Section 18.12.030B 18 (IR Institutional Reserve Zone); 29. Outside amplification for livestock or equestrian events: Type I procedure; 30. Artists or artisans workshop or studio: a. Type II procedure, b. Maximum floor area: Two thousand square feet; 31. Nursery with restricted, retail sales: a. Type 11 procedure. b. Minimum site area: 144,000 square feet. c. Minimum setback for nursery buildings and the storage of related materials: 100 feet. d. The principal nursery use is the on -site propagation and cultivation of plant stock which may include desert plants salvaged from off -site locations. e. A minimum of 60 percent of the nursery site must be allocated to the principal use. f. Retail sales shall be primarily of on -site cultivated or off -site salvaged nursery stock. Sales of nursery products cultivated or produced off -site shall be a minor portion of retail sales. Retail sales shall not exceed 25 percent of the total sales for the nursery use. g. Retail sales areas, including customer parking areas and display areas may not exceed one and a half acres. h. Retail sales shall not include power tools and equipment, including farm equipment. i. Access to the site shall only be from a major street as designated on the Major Streets & Scenic Routes plan. Access from the site to any abutting street that is not designated a major street is prohibited. j. Landscaping and screening must meet the requirements of Chapter 18.73. A bufferyard type "D" is required. If possible, the bufferyard requirement shall be satisfied with plants in http://www.co.pima.az.us/cob/code/cl 8a9.html 01/18/2007 Chapter 18.13 Page 5 of 7 cultivation (in -ground) or natural desert. k. The light source of any outdoor lighting fixture shall not be visible from adjoining residential properties. Additionally, all outdoor lighting used in conjunction with the use shall be located and directed so as to eliminate glare towards streets and adjacent properties. 1. The use of amplifiers or public address systems is prohibited. in. All access lanes and parking areas within the nursery site shall be of a paved or concrete surface. n. A development plan is required pursuant to Chapter 18.71. 32. Manufactured home park: a. Type I procedure; 33. Off -road vehicle facility for personal use only: a. Type I procedure. b. Subject to the standards of 18.07.030M. 34: Other conditional uses: All uses which are similar in type, scale and intensity to other uses which are specifically listed as requiring either Type 1, Type 2 or Type 3 conditional use procedures and which are, in the opinion of the zoning inspector, not otherwise unlawful, injurious to the general health or welfare or specifically excluded. (Ord. 2005-105 § 2, 2005; Ord. 2005-85 § 3, 2005; Ord. 1998-37 § 2 (part), 1998; Ord. 1998-36 § 3, 1998; Ord 1997-40 § 4, 1997; Ord. 1997-20 § 3 (part), 1997; Ord. 1986-188 § 1 (part), 1986; Ord. 1986-150 (part), 1986; Ord. 1985-187 § 1 (part), 1985) 18.13.040 Development standards -General. A. Minimum site area: One hundred eighty thousand square feet. B. Minimum site area per dwelling unit: One hundred eighty thousand square feet. C. Minimum setback requirements: 1. Front: Fifty feet; 2. Side: Twenty feet; 3. Rear: Fifty feet. D. Height limitations: 1. Maximum height: Thirty-four feet; 2. Maximum stories: Two. E. Minimum distance between buildings: Twenty feet. F. Maintenance of stock -tight fences: A stock -tight fence and necessary cattle guards shall be erected along the boundaries of any property on which livestock is pastured, herded or cared for and which either abuts a public -maintained road or abuts the boundary of any zone other than IR. This provision shall not apply to open range as determined under Arizona Revised Statutes. (Ord. 1987=67 § 1 (part), 1987; Ord. 1985-187 § 1 (part), 1985) 18.13.045 Development standards -Manufactured home park. All manufactured home parks shall comply with the following development requirements: A. Minimum site area: Seven hundred -twenty thousand square feet. B. Minimum area per dwelling unit: One hundred -eighty thousand square feet. C. Minimum site width: Sixty feet. D. Minimum site setbacks: 1. Front: Thirty feet. 2. Side: Fifteen feet. 3. Rear: Fifty feet. http://www.co.pima.az.us/cob/code/cl8a9.html 01/18/2007 Chapter 18.13 Page 6 of 7 E. Minimum distance between units: Fourteen feet. F. Off-street parking: Per Section 18.75 (Off-street Parking and Loading Standards.) G. Bufferyard "C" shall be placed around the perimeter of the manufactured home park unless more intensive bufferyards are required per Chapter 18.73 (Landscaping, Buffering, and Screening Standards). H. Detached accessory buildings: 1. Maximum site coverage: Twenty-five percent of the rear yard setback area for the site. 2. Maximum height: Twenty-four feet. 3. Minimum distances required: a. To dwelling units or other buildings: Seven feet. b. To front site setback: Thirty feet for an entryway building used to control access and for all other buildings. c. To side site setback: Ten feet. d. To rear site setback: Fifteen feet. I. Storage area: A manufactured home park may include a detached, accessory open storage area for the storage of a travel trailer, boat, automobile recreational vehicle, noncommercial truck, motorcycle, or similar vehicle owned by residents of the park. 1. Only residents of the park may use or have access to the open storage area. 2. All vehicles must be operable. Storage of junk or inoperable vehicles is not permitted. 3. A minimum five-foot wide buffer shall be provided around and abutting the entire storage area, except at the point of access. The buffer shall at a minimum include all of the following: a. A minimum six-foot high opaque screen wall or fence. b. A fifteen -gallon canopy tree for each twenty linear feet of buffer length. c. A five -gallon desert shrub for each twenty linear feet of buffer length. d. Two one -gallon accents, flowers or vines for each twenty linear feet of buffer length. e. Decomposed granite or other acceptable groundcover over the entire buffer surface. f. Plant materials within the buffer shall be selected from the official regulatory plant list, Section 18.73.030A (Landscape Design Manual). J. Paving: All driveways and parking areas shall be surfaced with a durable asphalt, concrete, stone, tile or brick surface consistent with pavement design standards and principles and engineered according to soil conditions and anticipated wheel loads. K. Exception: The requirements of this section do not apply to a manufactured home park which was permitted prior to May 26, 1998. Such a manufactured home park must comply with the zoning standards in place at the time the manufactured home park was permitted. (Ord. 1998-37 § 2 (part), 1998) 18.13.050 Development standards -Accessory buildings and accessory structures. A. Permitted coverage: Fifteen hundred square feet, or seventy percent of the area of the largest main building on the site, whichever is greater. B. Height limitation: Twenty-four feet. C. Minimum distance standards: 1. From front property line: Fifty feet; 2. From side and rear property lines: a. Nonanimal uses: Ten feet, b. Animal uses, except corrals: Fifty feet, c. Corrals: Fifty feet, or ten feet if written consents provided by the owner of the abutting property. (Ord. 2004-59 § 6, 2004; Ord. 1987-67 § 1 (part), 1987; Ord. 1985-187 § 1 (part), http://www.co.pima.az.us/cob/code/cl 8a9.html 01/18/2007 Chapter 18.13 Page 7 of 7 1985) 18.13.060 Exceptions. A. Nonconforming parcels: 1. Parcels of less than one hundred eighty thousand square feet, recorded prior to the adoption of this chapter (November 5, 1985) which conformed to Pima County minimum lot size requirements at the date of recording, shall be treated as if they contained an area of one hundred eighty thousand square feet. 2. A parcel of less than one hundred eighty thousand square feet, recorded prior to December 1, 1985, which would have conformed to Pima County minimum lot size requirements but for the adoption of Ordinance 1985-187, shall be treated as if it contained an area of one hundred eighty thousand square feet provided that the transaction creating the parcel was in escrow prior to November 5, 1985, or is evidenced by a binding contract entered into prior to November 5, 1985. B. Nonconforming uses and buildings: In accordance with Section 18.01.030D (General Provisions). (Ord. 1985-187 § 1 (part), 1985) 18.13.070 Cluster development option. A. This option shall be permitted only for subdivided residential lots as allowed in this chapter, and their associated space, in accordance with Section 18.09.040 (General Residential and Rural Zoning Provisions). (Ord. 1985-187 § 1 (part), 1985) Questions and Comments may be directed to: Clerk of the Board of Supervisors Administration Building 130 West Congress, 5th Floor Tucson, Arzona 85701 Telephone (520) 740-8449 Copyright 01998, Pima County. A11 rights reserved. http://www.co.pima.az.us/cob/code/c18a9.html 01/18/2007 ANN RODRIGUEZ, RECORDER RECORDED BY: C_D DEPUTY RECORDER of Pylltr _ 0224 PE4 g A SOROV W `x TOWN OF ORO VALLEY 11000 N LA CANADA '�RIZ01y�' ORO VALLEY AZ 85737 CONTACT: DIANE CHAPMAN DOCKET: 12910 PAGE: 1043 NO. OF PAGES: 5 SEQUENCE: 20061990232 10/16/2006 ORDIN 14:22 MAIL AMOUNT PAID $ 8.00 ORDINANCE NO. (0) 06- 18 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, PIMA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA- (2.85 ACRES, ANNEXATION AREA M) *0P WHEREAS, a petition in writing, accompanied by a map or plot of Annexation Area M, attached hereto as Exhibits "A & B" , having been filed and presented to the Mayor and Council of the Town of Oro Valley, Arizona, signed by the owners of more than one-half in value of the real and personal property and more than one-half of the persons owning real and personal property as would be subject to taxation by the Town of Oro Valley, Arizona in the event of annexation within Annexation Area M as shown by the last assessment of said property, which said territory is contiguous to the Town of Oro Valley, Arizona, asking that Annexation Area I more particularly described in Exhibits "A & B" be annexed to the Town of Oro Valley, Arizona, extending and increasing the corporate limits of the Town of Oro Valley; and WHEREAS, the Mayor and Council of the Town of Oro Valley, Arizona, desire to extend and increase the corporate limits of the Town of Oro Valley to include Annexation Area M; and WHEREAS, said petition sets forth a true and correct description the boundaries of the entire area proposed to be annexed to the Town of Oro Valley, and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made 1 after the said petition had been signed by any owner of real and personal property in such territory; and :t WHEREAS, the provisions of ARS 9471, and amendments thereto, have been fully observed; and S t��4 WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the l9 office of the Town Clerk of the Town of Oro Valley, Arizona, together with a true and correct copy of4 the original petition referred to herein, which is on file in the Office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AS FOLLOWS: SECTION 1. That the following described territory be, annexed to the Town of Oro Valley, Arizona, and that the present corporate limits be, extended and increased to include the following described territory contiguous to the present Oro Valley limits, as fully described in Exhibits "A & B", attached hereto and incorporated herein by this reference including county/state lands. SECTION 2. That a copy of this ordinance, together with an accurate map of the territory hereby annexed to the Town of Oro Valley, Arizona, certified by the Mayor of said Town of Oro Valley, be forthwith filed and recorded in the office of the county recorder of Pima County, Arizona. SECTION 3. That all ordinances and part of ordinances in conflict herewith are hereby repealed to the extent of such conflict; SECTION 4. That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub -section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 4th day of October , 2006. APPROVED this day of O c--4-0 b E K , 2006. ATTEST: Paul H. Loomis, Mayor z. ` KathrynuE. Cuvelier, Town Clerk APPROVED AS TO Town Attorney E%HIBIT "A" AND "B" ARE AVAILABLE FOR PUBLIC REVIEW IN THE OFFICE OF THE ORO VALLEY TOWN CLERK BETWEEN THE HOURS OF 8:00 A.M. AND 5:00 P.M., MONDAY THROUGH FRIDAY. THE TOWN HALL OFFICES ARE LOCATED AT 11000 N LA CANADA DRIVE. :L PUBLISH: DAILY TERRITORIAL 19 OCTOBER 19, 20, 23, 24, 2006 POSTED: OCTOBER 12 - NOVEMBER 11, 2006 RG t� 4 4 CERTIFICATION OF MAP I, Paul H. Loomis, Mayor of the Town of Oro Valley, Arizona, do hereby certify that the foregoing map is a true and correct map of the territory annexed under and by virtue of the petition of the real and personal property owners in the said territory and by Ordinance No. (0) 06- annexing the territory described in Ordinance No. (0) 06- and as shown on said map as a part of the territory to be included within the corporate limits of the Town of Oro Valley, Arizona. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Exhibit "A" LEGAL DESCRIPTION ANNEXATION AREA M-2006 The East 100 feet of the North Half of the West Half of the Southeast Quarter of the Northeast Quarter and the North Half of the West 229 feet of the East Half of the Southeast Quarter of the Northeast Quarter of Section 21, Township 11 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, said East 100 feet and the West 229 feet are to be measured parallel to and at right angles to the East Line of said West Half of the Southeast Quarter of the Northeast Quarter, EXCEPT THEREFROM the following described property: the South 282.0 feet of the East 100 feet of the North One -Half of the West One -Half of the Southeast Quarter of the Northeast Quarter and the South 282.0 feet of the North One -Half of the West 229 feet of the East One -Half of the Southeast Quarter of the Northeast Quarter of Section 21, Township I 1 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, said East 100 feet and the West 229 feet are to be measured parallel to and at right angles to the East line of the West One -Half of the Southeast Quarter of the Northeast Quarter. - Containing 2.8 acres, more or less. Prepared by " 24M David A. Rhine, RLS DAVD A. t AMC Land Surveyin q� , 9 � 1 1 2 l� 19 c� 4 93 r 1% . Exhibit "B" LOCATION MAP T11S, R13E - �TI MA OF .THE TERRITORY . TO BH ANNEXED TO THE TOWN OF ORO VALLEY ANNEXATION AREA M-2006 1 I •I I I r —NEW CVRPORA7S L/M/7S OF ME ! TOWNOFORO � I I - — _j IN 'I i 245M DAVV A. F04M M^ LVI w t-'— ---��' I --- I N SURVEYORS STATEMENT /, DAVID A. RHIN& A PROFESSIONAL LAND SURVEYOR, REm 7ERED IN THE STATE OF AR12OAK HAVE PREPARED THIS DOCUMENT FOR EXHIBIT PURPOSES ONLY AND AAY NOT BE SURVMD/STAKED ON THE GROUND. DAWD A. RHINE RLSjF24530 „EXHIBIT ,. ANNEXED AREA. OF 'SECTIONS 21. . TO VIVSHIP 11 SOUTH, RANGE. 13 EAST, GdrSRM. PIMA CO UNTI'. C SL9e1�?�1A ' ARIZONA DwIC .r...ww �'�`...•� DATE. 06/05/2006 Job NO. 2300 Scale: T : = N7 Sheet 2 of 2 1% . Exhibit "B" LOCATION MAP T11S, R13E - �TI MA OF .THE TERRITORY . TO BH ANNEXED TO THE TOWN OF ORO VALLEY ANNEXATION AREA M-2006 1 I •I I I r —NEW CVRPORA7S L/M/7S OF ME ! TOWNOFORO � I I - — _j IN 'I i 245M DAVV A. F04M M^ LVI w t-'— ---��' I --- I N SURVEYORS STATEMENT /, DAVID A. RHIN& A PROFESSIONAL LAND SURVEYOR, REm 7ERED IN THE STATE OF AR12OAK HAVE PREPARED THIS DOCUMENT FOR EXHIBIT PURPOSES ONLY AND AAY NOT BE SURVMD/STAKED ON THE GROUND. DAWD A. RHINE RLSjF24530 „EXHIBIT ,. ANNEXED AREA. OF 'SECTIONS 21. . TO VIVSHIP 11 SOUTH, RANGE. 13 EAST, GdrSRM. PIMA CO UNTI'. C SL9e1�?�1A ' ARIZONA DwIC .r...ww �'�`...•� DATE. 06/05/2006 Job NO. 2300 Scale: T : = N7 Sheet 2 of 2 . r ll. ANN RODRIGUEZ, RECORDER RECORDED BY: C_D DEPUTY RECORDER 0224 PE4 SOROV TOWN OF ORO VALLEY 11000 N LA CANADA ORO VALLEY AZ 85737 CONTACT: DIANE CHAPMAN DOCKET: 12910 P.1 PAGE: NO. OF PAGES: SEQUENCE: 1058 5 20061990236 VZ ORDIN 10/16/2006 14:25 `9RIZO�P i? r+ -)L AMOUNT PAID $ 7.00 ORDINANCE NO. (0) 06- 19 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, PIMA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA- (120.5 ACRES, ANNEXATION AREA N) WHEREAS, a petition in writing, accompanied by a map or plot of Annexation Area N, attached hereto as Exhibits "A & B" , having been filed and presented to the Mayor and Council of the Town of Oro Valley, Arizona, signed by the owners of more than one-half in value of the real and personal property and more than one-half of the persons owning real and personal property as would be subject to taxation by the Town of Oro Valley, Arizona in the event of annexation within Annexation Area N as shown by the last assessment of said property, which said territory is contiguous to the Town of Oro Valley, Arizona, asking that Annexation Area I more particularly described in Exhibits "A & B" be annexed to the Town of Oro Valley, Arizona, extending and increasing the corporate limits of the Town of Oro Valley; and WHEREAS, the Mayor and Council of the Town of Oro Valley, Arizona, desire to extend and increase the corporate limits of the Town of Oro Valley to include Annexation Area N; and WHEREAS, said. petition sets forth a true and correct description the boundaries of the entire area proposed to be annexed to the Town of Oro Valley, and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made:L after the said petition had been signed by any owner of real and personal property in such territory; and 2 1 WHEREAS, the provisions of ARS 9-471, and amendments thereto, have been fully observed; and 0 Isl WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in thel office of the Town Clerk of the Town of Oro Valley, Arizona, together with a true and correct copy of the original petition referred to herein, which is on file in the Office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AS FOLLOWS: SECTION 1. That the following described territory be, annexed to the Town of Oro Valley, Arizona, and that the present corporate limits be, extended and increased to include the following described territory contiguous to the present Oro Valley limits, as fully described in Exhibits "A & B", attached hereto and incorporated herein by this reference including county/state lands. SECTION 2. That a copy of this ordinance, together with an accurate map of the territory hereby annexed to the Town of Oro Valley, Arizona, certified by the Mayor of said Town of Oro Valley, be forthwith filed and recorded in the office of the county recorder of Pima County, Arizona. SECTION 3. That all ordinances and part of ordinances in conflict herewith are hereby repealed to the extent of such conflict; SECTION 4. That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub -section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 4th day of October , 2006. APPROVED this day of OC4-0bo-t� , 2006. Paul H. Loomis, Mayor ATTEST: (� d""t Kathr.9h E. Cuvelier, Town Cler-k-------- APPROVED AS TO FORM: Meli a GarrahanAt wn Attorney EXHIBITS "A" AND "B" ARE AVAILABLE FOR PUBLIC REVIEW IN THE OFFICE OF THE ORO VALLEY TOWN CLERK BETWEEN THE HOURS OF 8:00 A.M. AND 5:00 P.M., MONDAY THROUGH FRIDAY. THE TOWN HALL OFFICES ARE LOCATED AT 11000 N LA CANADA DRIVE. PUBLISH: DAILY TERRITORIAL '2 OCTOBER 19, 20, 23, 24, 2006 POSTED: OCTOBER 12 NOVEMBER 11, 2006 RG t M CERTIFICATION OF MAP I, Paul H. Loomis, Mayor of the Town of Oro Valley, Arizona, do hereby certify that the foregoing map is a true and correct map of the territory annexed under and by virtue of the petition of the real and personal property owners in the said territory and by Ordinance No. (0) 06- /y annexing the territory described in Ordinance No. (0) 06-) 9 and as shown on said map as a part of the territory to be included within the corporate limits of the Town of Oro Valley, Arizona. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Exhibit "A" LEGAL DESCRIPTION ANNEXATION AREA N-2006 That Portion of the West Half (WI/2) of Section 13, Township I 1 South, Range 13 East, Pima County, Arizona, described as follows: BEGINNING at the Northwest corner of said Section 13; Thence N 89044118" E, upon the North line of the Northwest Quarter (NWl/4) of said Section 13, a distance of 2,625.15 feet to the North Quarter (N1/4) comer of said Section 13; Thence S 00°07'43" E, upon the East line of said West Half (W 112) a distance of 3,045.58 feet; - Thence N 38012'03" W, a distance of 105.85 feet; Thence N 3910636" W, a distance of 323.98 feet; Thence N 52"3358" W, a distance of 227.19 feet; Thence N 10°3758" W, a distance of 205.01 feet; Thence N 44°21'51" W, a distance of 492j,92 feet; Thence N 64°47'02" W, a distance of 216.22 feet; Thence N 70'51'10" W, a distance of 448.37 feet; Thence N 64"50'06" W, a distance of 238.31 feet; .Thence N 80°54'46" W, a distance of 241.06 feet; Thence S 81 °02'50" W, a distance of 733.71 feet, to the West line of said West Half (WI/2); Thence N 00°03'04" W, upon said West line a distance of 1,742.63 feet to the POINT OF BEGINNING. Containing 120.5 acres, more or less. Prepared by tA. 4 rDXDavid A. Rhine, RLS AZTEC Land Surveying, Inc. `l Exhibit `B" MAP OF THE TERRITORY TO BE ANNEXED TO THE TOWN OF OR VALLEY-ANNEXATIONAREA N-2006 ' I - X17 .\ 7VrAL ARACA as w�ia�. i�o�rs oa T.s39 24M OAVD A. M" AM-4 OFPSM COUNTY Limns OF7Nc7vwNOF' SaaooIM M-11111 � - =Mmoomollo LOCH FWAF AMP T11S, R73A' • ss UVAWIMPOAA AREA CW PIMA counrrr OF SURVEYORS STATEMENT vAll DAVID A RHINE, A PROFESSIONAL LAND SURVEMR, REGISTERED iN THE STATE OF ARIZOAK HAVE PREPARED THIS DOCUMENT FOR EXHIBIT i PURPOSES ONLY AND MAY NOT B£ SURVEYED/STAKED ON THE GROUND. DAV/D A RHINE RLS124530 J /EXH.L61P' Desi n ANNEXED AREAS OF SECTION. - • : . , TOWNSHIP 11 SOUTH, RAN GE 13 0j;n.' DAIS Ck d L CLANP EAST, G&SRTM, PIMA COUNTY; . Scale. 1-7= N7 asvrrm.ARIZOIVA ... ._-.._ .. ........ Cf......i 9 of 7 !� NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with ARS 9-462 and Section 22.3.G.2 of the Oro Valley Zoning Code Revised, NOTICE OF PUBLIC HEARING FOR A TRANSLATIONAL ZONING OF RECENTLY ANNEXED PROPERTY BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION IS HEREBY GIVEN: TIME: at or after 6:00 p.m. on TUESDAY, FEBRUARY 6, 2007 PLACE: Oro Valley Town Hall Council Chambers 11000 North La Canada Drive Oro Valley, Arizona SUBJECT: OV9-07-03, TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (IM TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 2.85-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "M", LOCATED NORTH OF TURTLE DOVE LANE AND EAST OF GIBSON TRAIL Per Arizona Revised Statutes, the Town must "translate" zoning of newly annexed properties from Pima County zoning to the nearest zoning equivalent within the Town. This action applies to the following recently annexed parcel: #219-12-0150. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for the meeting will be made available 24 hours prior to the meeting time and be viewed at www.townoforovalley.com. Should you have any questions regarding this matter, please contact Matt Michels, Oro Valley Senior Planner, at (520) 229-4822 or mmichels@orovalley.net -, Z: " " 1, b /, // �, - llayer'Vella, A CP Senior Plaraier Posted: 1-26-07 Time: 3:30 p.m. By: sg FA0VM9\2007\9-07-003\P&Z Notice Feb 6.doc Page 1 of 1 Gay, Shirley From: Vella, Bayer Sent: Friday, January 26, 2007 2:36 PM To: Chapman, Diane; Gay, Shirley; Moran, Debbie Cc: Michels, Matthew Subject: notices The notices below only goes to the property owners- not 600 feet. The 15 day thing doesn't apply ... it's a courtesy notice .... BV F:\OV\OV9\2007\9-07-003\P&Z Notice Feb 6.doc 01 /26/2007 APPROVED MINUTES PLANNING COMMISSION REGULAR SESSION February 6, 2007 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:07 PM 1. Call to Order 2. Roll Call PRESENT: Chair Pete Bistany Vice Chair Doug McKee Commissioner Bill Adler Commissioner Ray Paolino Commissioner Clark Reddin Commissioner Teree Bergman Commissioner Honey Pivirotto Also present: Council Member, K.C. Carter Sarah More, FAICP, Planning and Zoning Director Joe Andrews, Chief Civil Deputy Town Attorney Lexa Mack, Civil Attorney Matt Michels, Senior Planner 3. Call to the Audience (Non Agenda Items Only) Opened and closed at 6:10 p.m. There were no speakers. 4. Minutes Approval of minutes was postponed until the next regular Planning and Zoning Commission meeting. 5. OV9-07-03, The Town of Oro Valley Planning and Zoning Department requests approval of a translational zoning from Pima County Rural Homestead (RH) to Oro Valley R1-144 (Single Family Residential) for a 2.85-acre annexed area known as Annexation Area "M", located north of Turtle Dove Lane and East of Gibson Trail. Planner Matt Michels gave the staff report and a Powerpoint presentation. The applicant has indicated that her plans for the property are for single family residential development. The Commissioner's concerns seem to be with discrepancy in the provisions for development standards of Pima County versus Oro Valley standards. The closest translational zoning is R1-144. February 6, 2006 4pproved Minutes, PLANNING AND ZOdIlL COMMISSION 2 Commissioner Adler asked for an explanation of how we can restrict the extensive retail and commercial uses permitted in RH that are not permitted in R1-144. Attorney Andrews said the annexation law says that when you translate zoning, you bring it in with uses and densities no greater than those previously allowed in the County. Recent Proposition 207 that passed said that the Town cannot take away a lot of uses unless, in fact, you pay for them. We have to give them as close to everything they have in the County when they come in, or we are susceptible at that point to have to pay for the differential loss, i.e., the opportunity cost for loosing the additional uses they may have had in the County, based on our rezoning. Ms. More added, given that the property owner has indicated a desire to build single family residence, in her view, it might be possible to ask if that person would agree to file a waiver. We cannot make that a condition; it would have to be a voluntary measure. Commissioner Adler asked if the Commission can not add that as a condition, make it a recommendation so there is direction to the Council that we are concerned about this fact and that we would like to get a commitment from the property owner with regard to what they actually intend to do? Ms. More said as long as it is part of a conveyed message to the Council, it would be appropriate. Vice Chair McKee said it seems we could put a condition on like that but at the risk of later legal ramifications. Ms. More said that without the property owner agreeing to sign a waiver, we should not do that as a practice. It is a risk. Commissioner Adler asked if it was possible to de -annex under these conditions. To allow something that is onerous, what is the advantage of annexing? Ms. More said this is an issue of how to deal with annexation zoning. With the exception of very low density areas in the County, that is going to be an issue that might be resolved through PAD or special districts. On a case by case basis we will have to use the guidance of not decreasing the allowed uses on a property without property owner's signing a waiver. Attorney Andrews added that regarding de -annexation, there is a process to go through for individual's who want to be de -annexed. He doesn't think there is a process for a town to de -annex property against the will of the property owner. Commissioner Bergman commented that there is an advantage of having property like this inside the Town rather than out. Outside the Town we have no control. PUBLIC HEARING opened at 6:20 p.m. February 6, 2006 I pproved Minutes, PLANNING AND ZONAI COMMISSION 3 Lefkothea Petko Poulos, 9901 N. Oracle Road, #5206, is the owner of the property being discussed. She thanked the Town for annexing her property. Her real estate agent told her there was a well site on her property. She bought the land because she wants to build a house up there. She has no interest in making it for commercial purposes. She has no interest in anything like that. She came to request being annexed and be able to have some water from the Town. She wants to build her dream home. Ms. More understand from Scott Nelson about the water right issues that the private wells to the west outside Town limits are drying up. There may be a greater interest in bring in some of those properties. PUBLIC HEARING closed at 6:35 p.m. Commissioner Adler asked if the Pima County development standards stay with the land, so it the present owner sells it, the zoning stays. So a future owner could still do the permitted uses that Pima County development standards allow. That is his concern. He thinks we would be advised to add to the motion wording that would encourage the owner to give us a commitment for a single family dwelling. How could this reside with a future owner should the present owner sell? Ms. More said before going to Council, we could look into what would happen in the County with a non -conforming status. She would guess that by it being legal, non- conforming that you don't automatically get the full range of uses. In particular, we might be concerned are setbacks and height. Attorney Andrews said we can ask the applicant to give us something along the lines that they would be willing to follow the Town of Oro Valley development standards instead of Pima County. If they say yes, essentially it would be zoned R1-144, still be non -conforming, knowing that R1-144 requires 3.3 acres and the owner has 2.85 acres. We would recognize that and let her bring her house in under Oro Valley standards. Commissioner Adler understands, but a subsequent owner is his concern. Attorney Andrews said we could have the condition that goes to the Council state something along the lines that it would run with Oro Valley's standards instead of Pima County, if the applicant would desire to do so. Prop 207 asks that we work with the property owners on issues such as this to make things happen so everyone is happy and at the same time guards against. Ms. More said it relates to who owned the property when. So a future buyer would be informed of what would pass from that one property owner. MOTION: Commissioner Bergman MOVED to recommend approval of OV9- 07-03, translating zoning of Annexation Area "M", to the Town of Oro Valley R1- 144 district, subject to the condition in Exhibit A, and also subject to the condition (B) that the staff will work with applicant to arrive at a mutually February 6, 2006 Approved Minutes, PLANNING AND ZOAL COMMISSION 4 beneficial solution to the use of the property in keeping with Oro Valley standards. Commissioner Reddin seconded the motion. Vice Chair McKee made a friendly amendment to the motion to delete condition A entirely and make it (the zoning) strictly R1-144. This was acceptable to Commissioner Bergman as long as condition A is not a legal requirement and we add condition B. Commissioner Reddin accepted the amendment. Motion with the friendly amendment carried 7 yes, 0 no. 6. OV9-07-04, The Town of Oro Valley Planning and Zoning Department requests approval of a translational zoning from Pima County Rural Homestead (RH) to Oro Valley R1-144 (Single Family Residential) for a 120.5-acre annexed area known as Annexation Area "N", being the northern one-third of Rancho Vistoso Neighborhood 12, located generally between Stone Canyon and Sun City Vistoso. Planner Matt Michels gave the staff report. Vice Chair McKee asked if any of the area was buildable, and what guarantee it that that some future Town Council might not sell this land to a developer and let it be developed? Mr. Michels said conceivable yes it is developable, however, it is Town owned. Attorney Andrews said there is no guarantee. No matter what is done today, it could go through a later review and could be rezoned to something else. He is not aware of any deed restrictions. We could put deed restrictions on it. Ms. More said she does not believe there is a recorded conservation easement. We could ask Council to do that, which was their intent. It has been identified in the PAD and General Plan as open space. But, a future Council could make a change. Mr. Michels told Commissioner Paolino that it is currently designated in the General Plan as parks and open space. Attorney Andrews told Commissioner Paolino in regards to translating the zoning to parks and open space, that translational zoning the due process rights spread to more than just the parcel. The surrounding neighbors have rights to know what is going on. To comply with the law, it is translated as directly across as possible so due process rights are not violated. With regard to the conservation easement, it would have to be decided who would hold that. If the Town holds the easement and owns the property, both rights merge and the easement goes away. Mr. Michels suggested that the translational zoning be done now and do a rezoning later. PUBLIC HEARING opened and closed at 6:45. There were no speakers. February 6, 2006 Ipproved Minutes, PLANNING AND ZONIL COMMISSION 5 MOTION: Commissioner Paolino MOVED to recommend approval of OV9- 07-04, translating zoning of Annexation Area "N", to the Town of Oro Valley 111- 144 district, subject to the condition that the property shall remain as natural open space in perpetuity and that a process be initiated whereby the property can be rezoned to parks and open space. Vice Chair McKee seconded the motion. Motion carried 7 yes, 0 no. 7. Planning Commission Training a. Open Meeting Law Attorney Andrews gave a PowerPoint presentation and there was discussion on open meeting laws. Points discussed: • Suggesting when a meeting might occur between Commissioners via email. • There can be no deliberation. • Replying to Ms. More or Diane via email is permissible. • Designed to protect the public. • Volunteer Appreciation dinner should be noticed for potential quorum. • Neighborhood meetings could be noticed for potential quorum. • Intent is a big factor. • Don't use staff as a conduit to avoid the open meeting law. • Public records b. Prop 207 Attorney Andrews gave a PowerPoint presentation and there was discussion on Proposition 207. Points discussed. • How compatibility is reached. • Annexation zoning will be a problem. • Repeal zoning, waive, amend or fight over claims. • Must be careful changing zoning code. • Building codes are exempted. • Increasing parking requirements/ decreasing property value. • Any regulations that changes and affects ability to use, subdivide, etc., that reduces value. • Does diminished value mean increased cost? This is not defined. • Boards need to be cautioned when making decisions than may diminish value or increase developer's costs. • Consider what the market will bear and what developers will tolerate. • Neighbors do not have a Prop 207 claim because of work going on next door • Should negotiations be out of a public forum • Waivers may be used • Get on record whether applicant is willing to restrict uses • Value identified at time regulations are passed • Claims must be made within three years of regulation • Assess risks before making decisions February 6, 2006 Approved Minutes, PLANNING AND ZONIL COMMISSION 6 • Town Council will make final decisions Oro Valley already has a large number of regulations in place, i.e. building codes, PAD regulations, Overlay districts, etc. There is no retroactive effect. No action taken. 8. Planning and Zoning Commission representative to Steam Pump Ranch Master Plan Committee. The committee that will be looking at the property will have to do with land uses and site design with relationship to new building on the property. This is one of four different components that will be going on at Steam Pump. 1. Assessment by a structural engineer of existing structures and stabilization. 2. This plan will help figure out what rezoning will be asked for. 3. The property owner, being Oro Valley, is asking interested people for input. 4. There would be a Technical Advisory Committee coming together as a community to see what will be decided. Commissioner's Adler and Pivirotto were interested in volunteering, but would need to know when the meetings will be. This item was deterred to the next meeting. 9. Future Agenda Items • Discussion and definition of master concept plans • Discussion of master sign program • Discussion of what is required by the General Plan Implementation Plan, 1-1-18, which is designing a complementary use district. Read those policies in the housing and land use element to better understand what those policies are intending. Provide clarity. • Preliminary discussion of work plan • Before public hearing on the church/ religious uses, have a study session 10. Planning Update • Granicus, the recording system for meetings, is in place and the Planning and Zoning Commission meetings will be streamed over the internet live. • Community study classes are not mandatory, but would help to meet the continuing education requirements for the various boards and commissions. The classes are each two hours. • Miller Ranch rezoning case is going to the Town Council on February 21, and the applicant has complied with the recommendation of the Planning and Zoning Commission to submit CC&Rs. February 6, 2006 Approved Minutes, PLANNING AND ZONII I COMMISSION 7 11. Adjourn Regular Session Motion: Commissioner Paolino MOVED to adjourn the Planning and Zoning Commission meeting. Motion carried by concensus. Prepared by: Diane Chapman, Office Specialist 4 TOWN OF ORO VALLEY STAFF REPORT TO PLANNING AND ZONING COMMISSION MEETING DATE: February 6, 2007 TO: PLANNING AND ZONING COMMISSION FROM: Matt Michels, Senior Planner SUBJECT: OV9-07-03, TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 2.85-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "M", LOCATED NORTH OF TURTLE DOVE LANE AND EAST OF GIBSON TRAIL EXECUTIVE SUMMARY: On October 4, 2006, the Town of Oro Valley approved Ordinance 06-18, formally annexing the above - referenced property. The ordinance became effective on November 4, 2006. Exhibit "A" includes a legal description of the subject property and Exhibit `B" includes a map that identifies the location of the subject area. In accordance with State Statutes, the Town is required to change, or "translate" the zoning on the annexed properties from the original designation to the closest comparable Oro Valley zone. State law requires that this be accomplished within six months of annexation into the Town's corporate limits. Section 9-471(L) of the Arizona Revised Statutes (ARS) states: "A city or town annexing an area shall adopt zoning classifications which permit densities and uses no greater than those permitted by the county immediately before annexation. Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land." The Pima County zoning designation for this property is RH (Rural Homestead) zone. RH is a low density residential district "intended to preserve the character and encourage the orderly growth of rural areas in the county". The most comparable Town of Oro Valley zoning designation is the R1-144 district. - "This district is intended to promote and preserve suburban -rural single-family residential development. The large lot size permits agricultural uses and promotes open space". OVERVIEW OF PROPOSED TRANSLATIONAL ZONES: Pima County and Town of Oro Valley Zoning The Pima County RH zone is a low density, rural residential zone which allows one dwelling unit for each 180,000 square feet (approximately 4.1 acres). This 2.85-acre (approximately 124,150 square feet) parcel does not meet the minimum acreage requirement. However, Pima County has given the property legal non -conforming status because the parcel was created legally in 1984, prior to the County's creation of the RH zone in 1985. The property is, therefore, non- conforming to zoning but is considered legal for permitting and development purposes. R1-144 is the second lowest density Oro Valley zoning district. The minimum lot size is 144,000 square feet (approximately 3.3 acres). TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION STAFF REPORT OV9-07-03 Pa e 2 NOTIFICATION: The property owner subject to this translational zoning has been notified. To date, public comments have not been submitted. GENERAL PLAN CONFORMANCE: The subject property lies within an area designated on the General Plan as "Rural Low Density Residential". The translational zoning conforms with the General Plan. STAFF RECOMMENDATION: Staff recommends translating the zoning of this parcel to R1-144 (Single -Family Residential) District, subject to the condition in Exhibit A. SUGGESTED MOTIONS: I move to recommend approval of OV9-07-03, translating zoning of Annexation Area "M", to the Town of Oro Valley R1-144 district, subject to the condition in Exhibit A. ATTACHMENTS: 1. Exhibit A 2. Attachment A -Legal Description 3. Attachment B-Map `1 Pla&fing and Zoning Director F:\0V\0V9\2007\9-07-003\PZ Repomdoc Exhibit A Condition of Translational Zoning OV9-07-003 1. The Pima County development standards in effect as of November 4, 2006 shall apply to the subject parcel. MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION March 7, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER - 5:30 p.m. ROLL CALL PRESENT: Paul Loomis Mayor ...................................... Helen Dankwertk..__Vice Mayor, Paula Abbott Council Member K.C. Carter, Council Member Barry Gillaspie, Council Member, Al Kunisch., Council Member Terry Parish, Council Member EXECUTIVE SESSION AT OR AFTER 5:30 PM MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Dankwerth to go into Executive Session at 5:30 p.m. for the following purpose: Pursuant to ARS 38-431.03.A(3),discussion and consultation for legal advice, and A(4), discussion or consultation with legal counsel in order for Council to consider its position and instruct its attorney regarding contract negotiations, Council may vote to go into Executive Session for discussion and consultation with the Town Attorney regarding negotiations between the Town and Pima County Library District concerning the Oro Valley Public Library and the intergovernmental agreement with the District. Mayor Loomis announced that in addition to the Town Manager, the Town Attorney, and the Town Clerk, Assistant Town Manager Jerene Watson and Managing Librarian Mary Hartz -Musgrave would also be present in Executive Session. MOTION carried, 6-1 with Council Member Gillaspie opposed. Council Member Gillaspie stated that he felt that this item should be held in Regular Session. Formatted: Font: (Default) Arial .........................................................................................................................: Formatted: Font: (Default) Arial { Formatted: Font (Default) Anal { Formatted: Font: (Default) Arial Formatted: Font (Default) Arial Formatted Font (Default) Arial 03/07/07 Minutes, Council Regular Session RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER - 7:00 p.m. ROLL CALL ,PRESENT: Paul Loomis Mayor Helen Dankwerth,_Vice Mayor, Paula Abbott Council Member K.C. Carter Council Member ,Barr Gillaspie Council Member, _AI Kunisch, Council Member Terry Parish, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. LIJ:LeeIuIIklLJiTIW:k JIj1,L�_P►I-il,[eIIP►W#ITiT4il,tt q Town Manager David Andrews reviewed the upcoming meetings and events. COUNCIL REPORTS Council Member Gillaspie reported that on February 23rd, he and Vice Mayor Dankwerth and Town staff met with Arizona State Land Department regarding the planning of the State Lands to the north of the Town. He said that they met with the Deputy State Land Commissioner who reported that the State is moving forward with a conceptual plan for Phase I of this area. Council Member Gillaspie stated that he expects that the State will be coming to meet with the Town Council in the fall. Vice Mayor Dankwerth also reported that the Town's feelings regarding the protection of Open Space had been made very clear to the State Land Department. DEPARTMENT REPORTS Town Engineer Craig Civalier reported that the Townwide Space Needs open house will be held in the Council Chambers on March 15th. He also stated that the new Public Works lift truck has been delivered and is now in service. Water Utility Philip Saletta announced that the Water Infrastructure Financing Authority (WIFA) has approved the loan for Phase II of the Reclaimed Water System project. - Formatted: Font: (Default) Arial l Formatted: Font (Default) Anal ... __.. __.... _ .._._. { Formatted. Font (Default) Arial ....................................................................................................._, Formatted: Font (Default) Aria] Formatted: Font (Default) Anal j Formatted Font (Default) Anal 03/07/07 Minutes, Council Regular Session Bob Kovitz updated the Council regarding the Metropolitan Pima Alliance "Wildride" event and reported that it will be held on June 6th. The event will be called "Jazzin' It Up around Oro Valley". He also reported that on Tuesday, March 13th, the Town Council and staff will be traveling to Phoenix to meet with State Legislators. TOWN MANAGER'S REPORT - No report. ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING There being no objections, Mayor Loomis announced that Items 3 and 5 would be moved to follow the Consent Agenda. CALL TO AUDIENCE Michael Martin, 11780 N. Via de la Verbenita, stated that he would like to see a Skate Park at Naranja Town Site to keep the children out of the streets. He also stated that he would like to help with the solution to try to get a Skate Park as soon as possible and he and his friends are willing to go door-to-door to ask for donations. Daniel Martin, 11780 N. Via de la Verbenita, stated that he would also like to see a Skate Park at Naranja Town Site to keep him and his friends safe and still have a place to have fun at and not to get in trouble for skate boarding. PRESENTATIONS a. Presentation/Report by Pam Reed regarding the Tucson Marathon On behalf of Pam Reed, Ms. Alyssa Kender thanked the Town and the Police Department for their past support for this event. She then updated the Council on the Tucson Marathon event and the economic impact to the Town. b. Presentation by Officer Mike Schuh of Peace Vanguard Poster to the Town Council for the Town's support and professionalism celebrating 10,000 flight hours, accident free Police Officer Mike Schuh presented a plaque to the Town Council honoring the 10,000 flight hours milestone reached by the Peace Vanguard unit. He further reviewed the accomplishments of the unit. 1. CONSENT AGENDA At the request of the Council, Mayor Loomis pulled Items G, H and I. 03/07/07 Minutes, Council Regular Session 4 MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Carter to approve the Consent Agenda minus items G, H and I. MOTION carried, 7-0. A. Minutes - 01-31-07; 02-07-07; 02-21-07 B. Police Report - January 2007 C. Resolution No. (R)07- 27 Authorizing and approving an Award of Purchase of a Pot Hole and Valve Exercising Machine from Balar Holding Corporation in the amount of $49,995.08 D. Resolution (R) 07- 28 Acceptance of Bid and Award of Contract to International Surfacing Systems in the amount of $239,713.85 for Sun City Boulevard/Del Webb Boulevard Pavement Rehabilitation, Project No. OV 30 06/07 05. E. Resolution (R)07- 29 Authorizing and executing license agreement with the Town of Oro Valley and the Copeland Office Complex relating to the installation and maintenance of landscaping and irrigation within public rights -of -way along Rancho Vistoso Boulevard and Sun City Boulevard. F. Resolution (R)07- 30 Acceptance of Bid and Award of Contract to K & B Asphalt Company in the amount of $191,384.07 for the Palisades Road Shoulder Improvements, Project No. OV 30 04/05 01 G. OV12-04-09 Approval of a time extension for a period of six months to expire on September 7, 2007 for the La Canada Ridge Preliminary Plat, located on the west side of La Canada Drive, just south of Moore Road (PULLED FOR DISCUSSION) In response to concerns expressed by Council Member Abbott regarding the time extension request, Planning and Zoning Director Sarah More explained that she has spoken with the Planning & Zoning Commission about this matter. They have discussed the possibility of extending the time for preliminary plat reviews up to one year. She explained that the Town Engineer has also been working with the applicant on complex issues that have resulted in the delay. She also stated that one of the primary purposes to have a plat expire is to allow the Town Council an opportunity to look at the plat again to look at whether Zoning Code conditions, etc. have changed especially if it is an older plat. Town Engineer Craig Civalier stated that he supports the plat extension because the developer is planning the right-of-way in which a Town road is built and if the plat goes away, then the road would be on private property. Also, the Town offered a land trade in which the owner would give the Town a section of 03/07/07 Minutes, Council Regular Session 5 the property on the southeast corner and the Town would give them the northwest corner of the Alden property. All parcel numbers have been corrected and the switch has been completed. MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Dankwerth to approve item G. MOTION carried, 7-0. H. OV12-03-31 B Approval of a time extension for a period of six months to expire on July 22, 2007 for the Mercado at Canada Hills Preliminary Plat, located in proximity to the northeast corner of La Canada Drive and Lambert Lane, directly north of the Fry's Shopping Center (PULLED FOR DISCUSSION) MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Parish to approve Item H. MOTION carried, 7-0. I. Resolution No. (R)07- 31 Adopting an Intergovernmental Agreement between the Town of Marana and the Town of Oro Valley for Water Service to the Northwest Fire District Station (PULLED FOR DISCUSSION) In response to questions and concerns from the Council, Water Utility Director Philip Saletta presented the background on this item explaining that the Town was asked by Northwest Fire District to be included in the Town's water service area because the Town has water lines within 20 feet of the property. He stated that the City of Tucson has stated that they did not have any problem with the Town providing service and the Town of Marana has asked for an Intergovernmental Agreement (IGA) since the area is in Marana's service area. Mr. Saletta reviewed an overhead map depicting the service area and explained that Marana's service lines are over 3,000 feet away from the subject property. He explained that approval of the IGA would be a cooperative agreement with Marana and Northwest Fire and staff supports the request. Firefighter Jamie Kahle, 5225 W. Massingale, stated that the Northwest Fire District is asking for this service to best serve the taxpayers. He explained that the most efficient solution would be to tap into Oro Valley's water system since the Town's lines are only located 20 feet away. MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to approve Item I. MOTION carried, 6-1 with Council Member Abbott opposed. 03/07/07 Minutes, Council Regular Session Council Member Abbott opposed the approval of this item as she wanted to continue the item so she could get more information. RESOLUTION NO. (R)07- 32 AMENDING THE FIRE SERVICE PERFORMANCE STANDARDS AND CRITERIA FOR THE TOWN OF ORO VALLEY Town Manager David Andrews reviewed the Council Communication and explained that since the Fire Services Performance Standards and Criteria were first approved by the Town, numerous areas have become a concern. The Oro Valley Public Safety Committee and its consultant have recommended amending the Standards and Criteria that would coincide with OSHA standards defining a fire structure, include all areas of the Town whether served by hydrants or not, and coincide with the agreement that was reached between Golder Ranch Fire District and Rural Metro Fire. MOTION: A motion was made by Council Member Parish and seconded by Council Member Abbott to approve Resolution (R)07-32 amending Fire Service Performance Standards and Criteria for the Town of Oro Valley. MOTION carried, 7-0. 5. PUBLIC HEARING - ORDINANCE (0)07-14 OV12-06-03B, ADOPTION OF AN ORDINANCE FOR A RECREATIONAL AREA IN -LIEU FEE IN THE AMOUNT OF $12,965.51 FOR THE NARANJA RANCH ESTATES SUBDIVISION LOCATED NORTHEAST OF THE SHANNON ROAD AND NARANJA DRIVE INTERSECTION, PARCELS 224-11-045A, 224-11- 045B, AND 224-11-049A Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to approve OV12-06-036, Ordinance (0)07-14, recreation area in -lieu fee proposal in the amount of $12,965-51 for Naranja Ranch Estates (as amended) and subject to the condition listed in Exhibit "A". EXHIBIT "A: 1. The $12,965.51 in -lieu fee must be submitted prior to Town approval of the Final Plat. AMENDMENT TO THE MOTION: At the request of Vice Mayor Dankwerth, Council Members Abbott and Kunisch accepted an amendment to earmark the in -lieu fees for the Naranja Town Site for recreational facilities. Mayor Loomis stated that he thought that there were some restrictions for the use of in -lieu fees. He also stated that there may be some facilities at West 03/07/07 Minutes, Council Regular Session Lambert Lane Park or other places that are closer to this site and he suggested working with Parks and Recreation. In response to a question from Council Member Gillaspie, Parks and Recreation Director Ainsley Reeder explained that in -lieu fees have been used in the past for improvements to the James D Kriegh Park dugouts. She also stated that there is a potential use for a $25,000 match for the Heritage Grant for a dog park at Riverfront Park. Further, some in -lieu fees have been specifically earmarked for trails in Rancho Vistoso. Further discussion followed regarding addressing the in -lieu fees in total, sending a message to the Town's citizens regarding the Council's intent and commitment to the Naranja Town Site, many other needs in the Town's parks, and not being so restrictive by placing in -lieu monies in specific projects. MOTION FAILED 2-5 with Vice Mayor Dankwerth and Council Member Abbott in favor. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Parish to approve OV12-06-036, Ordinance (0)07-14, recreation area in -lieu fee proposal in the amount of $12,965.51 for Naranja Ranch Estates, subject to the condition listed in Exhibit "A". EXHIBIT A 1). The $12,965.51 in -lieu fee must be submitted prior to Town approval of the Final Plat. MOTION carried, 7-0. Mayor Loomis recessed the meeting at 8:05 p.m. The meeting resumed at 8:15 p.m. 2. DISCUSSION AND POSSIBLE APPROVAL OF THE NARANJA TOWN SITE PROGRAMMING AND CONCEPT DESIGN REPORT Parks and Recreation Director Ainsley Reeder presented an overview of the Naranja Town Site history to date as follows: November 2000 - Purchased Property November 2002- Master Plan completed April 2004 - Performing Arts Facilities Feasibility Study completed October 2004 - Performing Arts Facilities Business Plan completed March 2007 - Programming and Concept Design Report before Town Council David Wald -Hopkins and David Burns of Burns, Wald -Hopkins Architects reviewed the Programming and Concept Design highlighting the following: Big ideas/Goals for site Detailed Site Analysis 03/07/07 Minutes, Council Regular Session Team Visits to Denver, Colorado Team Planning events Public Participation and Open Houses Programming - Community Center, Theater, Aquatic Center, Music Pavillion, Support, and Buildings Don McGann, McGann & Associates presented the recommended Concept: Softball, baseball, soccer, multi -use parks, tennis courts, festival area, music pavilion, community center, skate/BMX parks, preservation of natural open space and restoration, site parking analysis, and site lighting. Duane Crawmer, Barker, Rinker Seacat Architects, then reviewed the Community Center design and Concept Plan and Mr. Burns reviewed the proposed Music Pavilion, Phases I and II, design and concept plan. Mr. Wald -Hopkins reviewed the project schedule which depicted a 4 1/2 year construction duration. However, he explained that if the project was to be completed at one time, it could be finished in 2 1/2 years. He then addressed the project costs and cost options for the site. David Burns reviewed the L.E.E.D. (Leadership in Energy and Environmental Design) certification and levels. Discussion followed regarding the music pavilion, L.E.E.D. certification costs, project costs, breakout of revenues and Operating and Maintenance costs from community center/theater/recreational components (still needs to be developed). Mayor Loomis opened the floor for public comment. Dennis Ottley, 13042 N. Catbird Drive, chair of Parks and Recreation Advisory Board, stated that he is hoping that Council will support approval of the programming and design concept plans to make this park a reality. He stated that the proposed design and plan is an Oro Valley community plan. He also stated that the demands on the Town's current parks have exceeded the park limits and we now need something more for our citizens. Bill Adler, 10720 N. Eagle Eye Place, stated that he is hearing many differences in opinions for the design, priorities, etc., for the proposed park but it all comes down to money and what level of financial commitment the citizens of Oro Valley are willing to spend. He stated that because of the magnitude of the proposal, the Town needs to get current and statistically valid numbers that the community is willing to spend on this project. David Welsh, 11372. Twin Spur Court, Oro Valley Economic Development Director, stated that there would not be one single thing the Council could do that was better for the Town than building this type of park. He encouraged the Council to be bold and courageous. He stated that many people are in favor of this park and are willing to pay for it. 03/07/07 Minutes, Council Regular Session Michael O'Brian, 13401 N. Rancho Vistoso Boulevard, stated that he personally sees this as a sound proposal. He stated that music and art facilities will contribute to the quality of life, this would be an economic development magnet that would attract businesses and their employees, attract other residents, enhance property values and would add to the Town's tax base. This park would make Oro Valley something special and make the Town stand out. Theresa Shaw, 471 W. Windowmaker, stated that she is in support of the Naranja Town Site as a park and it is one of the key reasons she bought her home where she did. She stated great cities large and small, have great park systems and support of the arts and the Naranja Town Site provides an opportunity for Oro Valley to have "heart". She stated that if built in stages, people will see something nice and will want more. Shannon Fox, 12326 N. Tall Grass Drive, stated that young families want and need this park and she encouraged the Council to hear from the young family members. She stated that there is much enthusiasm and passion for the park and she encouraged the Council to go to the places where the young families are and hear their thoughts. She stated that a property tax would be a small price to pay for such a wonderful park. Council Member Parish stated that this decision requires a commitment from the Council to support what is a citizen -driven plan. He stated that this project can be done and requires the political courage and political will to do what the citizens want. Council Member Gillaspie stated that he did not want to be a Council person that did not have vision and foresight. However, the issue is not about the park but about the comment as stated by Mr. Adler, that we may be creating dreams without thinking about the costs (public works facilities, roads, facilities for staff, etc.) The challenge is not that we don't want to do it, but we must put together the package and make sure that we do our homework and structure it in a way that the people will want to do it. Council Member Kunisch stated that this is a gorgeous design but he also has some of the same concerns as stated by Council Member Gillaspie. He stated that maybe we should start at a smaller scale and add to the site over the years. He stated that it is a great vision but we must be realistic about what we can afford and what the people are willing to pay for. Council Member Carter commented that we have made the dream too big and too costly. He stated that he is worried about outside costs and we need to see all the figures. Vice Mayor Dankwerth stated that besides being bold, we must be fiscally responsible. She stated that the park will come to be; however, we must not rush 03/07/07 Minutes, Council Regular Session 10 into something if all clear specifics have not been "thrashed out." She stated that we must be rational and she would vote to accept the Report but she is not voting on every design and aspect of the park. Council Member Abbott stated that the reports have provided a lot of information and the design is more beautiful than she imagined. She also stated that she is pleased with the LEED design but pointed out that we don't have to do the entire park all at once. She said that the Council should accept the report and continue to move forward, get more information and determine whether we should construct the site in phases. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Parish to approve the March 7, 2007 Naranja Town Site Programming and Concept Design Report as presented by Burns Wald -Hopkins Architects. A Town Council Study Session will be scheduled to more fully analyze the report and provide staff with additional input and guidance. (The Study Session will be scheduled no later than early to mid April.) MOTION carried, 6-1 with Council Member Carter opposed. Mayor Loomis commented that the Study Sessions would be held to determine how to move forward, opportunities, phasing, elections, etc. Mayor Loomis recessed the meeting at 9:30 p.m. The meeting resumed at 9:35 p. M. 4. PUBLIC HEARING - ORDINANCE NO. (0)07-13 AMENDING ORO VALLEY TOWN CODE SECTION 11-3-4, "SPEED LIMITS;" REVISING THE SPEED LIMIT ALONG FIRST AVENUE FROM ORACLE ROAD TO TANGERINE ROAD FROM 40 MILES PER HOUR TO 45 MILES PER HOUR AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Town Engineer Craig Civalier explained that Public Works and the Police Department are requesting that the speed limit on First Avenue from Oracle Road and Tangerine Road be raised from 40 mph to 45 mph due to the design of the new road, the safety improvements that are being added, and the that this would make the speed limit from Rancho Vistoso Road down to Oracle Road consistent. Discussion followed regarding the width of travel lanes, new subdivisions going in on the east side of First Avenue, signage, traffic signals, projected completion date, Walgreen area construction, etc. 03/07/07 Minutes, Council Regular Session 11 Mayor Loomis opened the public hearing. Bill Adler, 10720 N. Eagle Eye Place, stated that the increase in speed was unnecessary and he was concerned about the enforcement. He also expressed concerned about the volume, of homes that are projected to be built in the area. Doug McKee, 11836 Cassiopeia, stated that he would support the change once construction is completed and stoplights are installed and functioning. He stated that the Town may have to reduce the speed limit in the future, but with this new road it is hard to keep speeds down. MOTION carried, 7-0. MOTION: A motion was made by Council Member Parish and seconded by Council Member Abbott to adopt Ordinance (0)07-13, relating to speed limits, amending Oro Valley Town Code Section 11-13-4, "Speed Limits." 6. PUBLIC HEARING - ORDINANCE (0)07-15 OV9-07-03, ADOPTION OF AN ORDINANCE FOR A TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 2.85-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "M", LOCATED NORTH OF TURTLE DOVE LANE AND EAST OF GIBSON TRAIL, PARCEL 219-12-0150 Planning and Zoning Director Sarah More reviewed the Council communication. She explained that the property was zoned Pima County Rural Homestead (RH) and would translate to Oro Valley R1-144 (Single Family Residential). She further reported that the current property owner has agreed that she will build a single-family house on the property and has agreed to the Town's standards. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Kunisch to adopt Ordinance (0)07-15, OV9-07-03, translating zoning of Annexation Area "M" to the Town of Oro Valley R1-144 district subject to the condition in Exhibit "A". EXHIBIT "A" 1. The property will be zoned R1-144 (Single Family Residential, 144,000 square -foot minimum lot size) with continuation of the legal non -conforming lot status as recognized by Pima County prior to the annexation. MOTION carried, 7-0. 03/07/07 Minutes, Council Regular Session 12 7. PUBLIC HEARING - ORDINANCE (0)07-16 OV9-07-04, ADOPTION OF AN ORDINANCE FOR A TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 120.5-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "N", BEING THE NORTHERN ONE-THIRD OF RANCHO VISTOSO NEIGHBORHOOD 12, LOCATED GENERALLY BETWEEN STONE CANYON AND SUN CITY VISTOSO, PARCEL 219- 04-009 H Planning and Zoning Director Sarah More reviewed an overhead map of the area and explained that this property is located in Rancho Vistoso Neighborhood 12. The property is now Town property. She explained that the property was zoned Pima County Rural Homestead (RH) and would translate to Oro Valley R1-144 (Single Family Residential). Ms. More further explained that by previous adoption of Ordinance (0)02-18 in June 2002, this area would not be developed and would remain as natural Open Space in perpetuity. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt Ordinance (0)07-16, OV9-07-04 translating zoning of Annexation Area "N" to the Town of Oro Valley R1-144 district, subject to the condition in Exhibit "A". Further, staff shall initiate the rezoning of said parcel to the Parks and Open Space District. EXHIBIT "A" 1. The property shall remain as natural Open Space in perpetuity. MOTION carried, 7-0. 8. FUTURE AGENDA ITEMS None presented. CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to adjourn at 10:12 p.m. MOTION carried, 7-0. 03/07/07 Minutes, Council Regular Session 13 Prepared by: 1 Formatted Font (Default) Arial Roxana Garrity CIVIC Deputy Town Clerk Formatted: Font: (Default) Aria] i ....... I hereby certify that the foregoing minutes are a true and correct copy of the b ormatted: Font: (Default) Arial, Not), minutes of the reqular session of the Town of Oro Valley Council of Oro Valley old, Not Expanded by/Condensed Arizona held on the 7th.day of March 2007. 1 further certify that the meeting was y =_ � Formatted. Font: (De1. fault) Arial, Not duly called and held and that a quorum was present. Bold, Not Expanded by / Condensed by Dated this day Of 20074 Formatted: Font: Bold, Underline, bye, Not DExpandedribyof nsed Kathryn E. Cuvelier, CIVIC Bold, Font: (Default) Arial Not Bold, Not Expanded by / Condensed Town Clerk by Formatted Font (Default) Anal, Not Bold, Not Expanded by / Condensed by Formatted: Font (Default) Arial, Not Bold, Not Expanded by / Condensed by Formatted: Font (Default) Arial, Not Bold, Not Expanded by / Condensed by ............ .................................... __--- ....... ...... ............. ............................. TOWN OF ORO VALLEY CI COUNCIL COMMUNICATION TO: HONORABLE MAYOR & COUNCIL FROM: Matt Michels, Senior Planner MEETING DATE: March 7, 2007 SUBJECT: Public Hearing: Ordinance No. (0) 07 - 15 , OV9-07-03, The Town of Oro Valley requests approval of a translational zoning from Pima County Rural Homestead (RH) to Oro Valley R1-144 (Single Family Residential) for a 2.85-acre annexed area known as Annexation Area "M", located north of Turtle Dove Lane and east of Gibson Trail. EXECUTIVE SUMMARY OF APPLICATION: On October 4, 2006, the Town of Oro Valley approved Ordinance 06-18, formally annexing the above - referenced property. The ordinance became effective on November 4, 2006. Exhibit "A" includes a legal description of the subject property and Exhibit "B" includes a map that identifies the location of the subject area. In accordance with State Statutes, the Town is required to change, or "translate" the zoning on the annexed properties from the original designation to the closest comparable Oro Valley zone. State law requires that this be accomplished within six months of annexation into the Town's corporate limits. Section 9-471(L) of the Arizona Revised Statutes (ARS) states: "A city or town annexing an area shall adopt zoning classifications which permit densities and uses no greater than those permitted by the county immediately before annexation. Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land." The Pima County zoning designation for this property is RH (Rural Homestead) zone. RH is a low density residential district "intended to preserve the character and encourage the orderly growth of rural areas in the county". The most comparable Town of Oro Valley zoning designation is the R1-144 district. "This district is intended to promote and preserve suburban -rural single-family residential development. The large lot size permits agricultural uses and promotes open space". The Planning and Zoning Commission, by a 7:0 vote, recommended that the Town Council approve the translational zoning, subject to the deletion of the staff proposed condition below: In lieu of the condition, the Commission recommended that approval be subject to the condition that "Staff work with the applicant to arrive at a mutually beneficial solution to the use of the property in keeping with Oro Valley standards". Specifically, the Commission had concerns that the property be developed for residential single-family use only. F:\OV\OV9\2007\9-07-003\Reports\TC. RPT.O V 9-07-03.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV9 07 03 PaLye 2 In order to conform to this motion, Staff has worked with the legal department and the owner to draft th-.; following new condition and to obtain a written agreement from the applicant in order to address the Commission's concern that the property will be used exclusively for a single-family residence and to ensure that the owner's legal non -conforming status is maintained: • The property will be zoned R1-144 (Single -Family Residential, 144,000 Square Foot Minimum Lot Size), with continuation of the legal non -conforming lot status as recognized by Pima County prior to annexation. Additionally, the property owner has agreed in writing that her intention is to build a single-family residence on the property. This document is included in the Council packet. OVERVIEW OF PROPOSED TRANSLATIONAL ZONES: Pima County and Town of Oro Valley Zoning The Pima County RH zone is a low density, rural residential zone which allows one dwelling unit for each 180,000 square feet (approximately 4.1 acres). This 2.85-acre (approximately 124,150 square feet) parcel does not meet the minimum acreage requirement. However, Pima County has given the property legal non -conforming status because the parcel was created legally in 1984, prior to the County's creation of the RH zone in 1985. The property is, therefore, nca conforming to zoning but is considered legal for permitting and development purposes. R1-144 is the second lowest density Oro Valley zoning district. The minimum lot size is 144,000 square feet (approximately 3.3 acres). NOTIFICATION: The property owner subject to this translational zoning has been notified. The applicant was present at the February 61h Planning and Zoning Commission meeting and has no objections to the proposed action. GENERAL PLAN CONFORMANCE: The subject property lies within an area designated on the General Plan as "Rural Low Density Residential". The translational zoning conforms with the General Plan. SUGGESTED MOTIONS: I move to [approve, deny, approve with conditions] OV9-07-03, translating zoning of Annexation Area "M", to the Town of Oro Valley R1-144 district, subject to the condition in Exhibit A. Staff recommends that any motion to approve be subject to the conditions specified in Exhibit A. Attachments: 1. Exhibit A 2. Ordinance (0)7- 15 3. Attachment A -Vicinity Map 4. Attachment B-Legal Description F-\O V\O V 9\2007\9-07-003\Reports\TC. RPT.O V 9-07-03.doc TOWN OF ORO VALLEY OUNCIL COMMUNICATION, OV9-07-03 Page 3 5. Attachment C-Property Map 6. Affirmation Letter from Property Owner Cc: TOV: Shirley Gay Property Owner: Lefkothea Petkopolous j Sa S. More, Planning and Zoning Director �Jerene Watson, Assistant Town Manager lei David Andrews, Town Manager F:\OV\OV9\2007\9-07-003\Reports\TC.RPT.OV9-07-03.doc Exhibit A Condition of Translational Zoning OV9-07-003 The Pima County devel at as of No,, 1), to the SttbjI&4 1. The property will be zoned R1-144 (Single -Family Residential, 144,000 Square Foot Minimum Lot Size), with continuation of the legal non -conforming lot status as recognized by Pima County prior to annexation. Legend • Strike-through=Deleted • Bold=New Condition ORDINANCE NO. (0) 07 -15 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, FOR A TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 2.85-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "M", LOCATED NORTH OF TURTLE DOVE LANE AND EAST OF GIBSON TRAIL, PARCEL 219-12-0150; WHEREAS, The Town of Oro Valley, being the owner and applicant, requests approval of a translational zoning from Pima County RH zone to Oro Valley R1-144 zone for Annexation Area "M", located north of Turtle Dove Lane and east of Gibson Trail; and WHEREAS, the Planning and Zoning Commission reviewed said translational zoning request at a duly noticed Public Hearing on February 6th, 2007 in accordance with State Statutes, and having made its unanimous recommendation of approval with conditions to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the translational zoning request and the Planning and Zoning Commission's recommendation and conditions at a Public Hearing and finds that it is consistent with the Towns General Plan and other Town Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the translational zoning for Annexation Area "M" located north of Turtle Dove Lane and east of Gibson Trail, be granted per Section 9-471 (L) of the Arizona Revised Statutes and that all applicable standards in the OVZCR and the conditions attached as Exhibit A shall apply thereto said property; SECTION 2. That this ordinance and the various parts thereof are hereby declared to be revocable. If any section, sub -section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7`h day of March, 2007. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM Melinda Garrahan, Town Attorney Subject property . T. {�. i rrl'lrkrj' �2k "I'l, -e, a v ' r� ; �a''.,. M t >F f Tf�1���lT�l r La Cholla Airpark l 4Zf i O�Oyrv_ An��o� v -ATT c. i� M E N�T LOCATION MAf' T11S, ,413E rl OF .THE TERRITORY TO BE ANNEXED TO THE TOYV1`' OF 0140 VALLEY A j-VjVE CATION AREA M- f2 0 06 LJ- 77T£ � • � _ —NEW Gl7RR7RA �- L/MI7SOF 1 TOWNOFORO � I � "" 2= ' 6 DAYD A. % �W 1 I III I � SURVEYORS STATEMENT DAVIO A RHINE. A PROFESSIONAL LAND SURVEYOR. REWSMRED IN THE STATE OF ARIZONA. HAVE PREPARED THIS DOCUMENT FOR EXHISfr PURPOSES ONLY AND mAY NOT BE SURVEYED/STAKED ON Trl£ GROUND. DAVID A RHfNE RLS124530 - E YHIBIT ANNEXED AR.EA' OF' ' SECTIO ` TO WNSHIP 11 SO UTH, RANGE. 13 ��+ LAST, GsscSRM, PIMA COUNTY. ARIZONA Des* n D1rn. DAR Ck d Stole: 1' = NTS Ch..-f 2 of 2 I, Lefkothea Petkopolous, hereby affirm by my signature below that it is now, as it has been since I purchased the above -captioned property, identified by Pima County Assessor's Parcel #219-12-0150, my intention to build a single family residence upon said property for the purpose of residing there. -107 �,`1' othe�iP t opo o s J Date ORDINANCE NO. (0) 07 -15 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, FOR A TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 2.85-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "M", LOCATED NORTH OF TURTLE DOVE LANE AND EAST OF GIBSON TRAIL, PARCEL 219-12-0150; WHEREAS, The Town of Oro Valley, being the owner and applicant, requests approval of a translational zoning from Pima County RH zone to Oro Valley R1-144 zone for Annexation Area "M", located north of Turtle Dove Lane and east of Gibson Trail; and WHEREAS, the Planning and Zoning Commission reviewed said translational zoning request at a duly noticed Public Hearing on February Oh, 2007 in accordance with State Statutes, and having made its unanimous recommendation of approval with conditions to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the translational zoning request and the Planning and Zoning Commission's recommendation and conditions at a Public Hearing and finds that it is consistent with the Town's General Plan and other Town Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the translational zoning for Annexation Area "M" located north of Turtle Dove Lane and east of Gibson Trail, be granted per Section 9-471 (L) of the Arizona Revised Statutes and that all applicable standards in the OVZCR and the conditions attached as Exhibit A shall apply thereto said property; SECTION 2. That this ordinance and the various parts thereof are hereby declared to be revocable. If any section, sub -section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 70' day of March, 2007. Paul H. Loomis, Mayor ATTEST: PUBLISH: KAhryn Cuvelier, Town Clerk APP OVED AS Tq FORM POSTED: 14 +la "d? AfClinda G , Town Attorney DAILY TERRITORIAL MARCH 19, 20, 21, 22, 2007 MARCH 15 - APRIL 14, 2007 RG Exhibit A • Condition of Translational Zoning OV9-07-003 4. The Pima Geunty development standards i n effeet as of Nevember- 4, 2006 shall apply to the subjeet parcel: 1. The property will be zoned R1-144 (Single -Family Residential,144,000 Square Foot Minimum Lot Size), with continuation of the legal non -conforming lot status as recognized by Pima County prior to annexation. Legend • Strike-through=Deleted • Bold=New Condition t Page 1 of 1 Michels, Matthew From: Gregory Hitt [ Sent: Friday, January 26, 2007 4:10 PM To: Michels, Matthew Subject: 219-12-0150 The parcel: 219-12-0150 was last split on 6-14-84, prior to the effective date of the RH zone (11-15-85). This parcel is considered legal non -conforming in regards to the lot size. If you have any other questions, let me know. greg 01/26/2007 TOWN OF ORO VALLEY STAFF REPORT TO PLANNING AND ZONING COMMISSION MEETING DATE: February 6, 2007 TO: PLANNING AND ZONING COMMISSION FROM: Matt Michels, Senior Planner SUBJECT: OV9-07-03. TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL `. HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 2.85-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "M". LOCATED NORTH OF TURTLE DOVE LANE AND EAST OF GIBSON TRAIL EXECUTIVE SUMMARY: On October 4, 2006, the Town of Oro Valley approved Ordinance 06-18, formally annexing the above - referenced property. The ordinance became effective on November 4, 2006. Exhibit "A" includes a legal description of the subject property and Exhibit `B" includes a map that identifies the location of the subject area. In accordance with State Statutes, the Town is required to change, or "translate" the zoning on the annexed properties from the original designation to the closest comparable Oro Valley zone. State law requires that this be accomplished within six months of annexation into the Town's corporate limits. Section 9-471(L) of the Arizona Revised Statutes (ARS) states: "A city or town annexing an area shall adopt zoning classifications which permit densities and uses no greater than those permitted by the county immediately before annexation. Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land." The Pima County zoning designation for this property is RH (Rural Homestead) zone. RH is a low density residential district "intended to preserve the character and encourage the orderly growth of rural areas in the county". The most comparable Town of Oro Valley zoning designation is the R1-144 district. "This district is intended to promote and preserve suburban -rural single-family residential development. The large lot size permits agricultural uses and promotes open space ". OVERVIEW OF PROPOSED TRANSLATIONAL ZONES: Pima County and Town of Oro Valley Zoning The Pima County RH zone is a low density, rural residential zone which allows one dwelling unit for each 180,000 square feet (approximately 4.1 acres). This 2.85-acre (approximately 124,150 square feet) parcel does not meet the minimum acreage requirement. However, Pima County has given the property legal non -conforming status because the parcel was created legally in 1984, prior to the County's creation of the RH zone in 1985. The property is, therefore, non- conforming to zoning but is considered legal for permitting and development purposes. R1-144 is the second lowest density Oro Valley zoning district. The minimum lot size is 144,000 square feet (approximately 3.3 acres). 11 TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION STAFF REPORT OV9-07-03 Pate 2 NOTIFICATION: The property owner subject to this translational zoning has been notified. To date, public comments have not been submitted. GENERAL PLAN CONFORMANCE: The subject property lies within an area designated on the General Plan as "Rural Low Density Residential". The translational zoning conforms with the General Plan. STAFF RECOMMENDATION: Staff recommends translating the zoning of this parcel to R1-144 (Single -Family Residential) District, subject to the condition in Exhibit A. SUGGESTED MOTIONS: I move to recommend approval of OV9-07-03, translating zoning of Annexation Area "M", to the Town of Oro Valley R1-144 district, subject to the condition in Exhibit A. ATTACHMENTS: 1. Exhibit A 2. Attachment A -Legal Description 3. Attachment B-Map Planning and Zoning Director F:\0V\0V9\2007\9-07-003\PZ Report.doc NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with ARS 9-462 and Section 22.3.G.2 of the Oro Valley Zoning Code Revised, NOTICE OF PUBLIC HEARING FOR A TRANSLATIONAL ZONING OF RECENTLY ANNEXED PROPERTY BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION IS HEREBY GIVEN: TIME: at or after 6:00 p.m. on TUESDAY, FEBRUARY 6, 2007 PLACE: Oro Valley Town Hall Council Chambers 11000 North La Canada Drive Oro Valley, Arizona SUBJECT: OV9-07-03. TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 2.85-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "M", LOCATED NORTH OF TURTLE DOVE LANE AND EAST OF GIBSON TRAIL Per Arizona Revised Statutes, the Town must "translate" zoning of newly annexed properties from Pima County zoning to the nearest zoning equivalent within the Town. This action applies to the following recently annexed parcel: #219-12-0150. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for the meeting will be made available 24 hours prior to the meeting time and be viewed at www.townoforovalley.com. Should you have any questions regarding this matter, please contact Matt Michels, Oro Valley Senior Planner, at (520) 229-4822 or mmichels(iOrovalley.net Bayer Vella, AICP Senior Planner Posted: 1-26-07 Time: 3:30 p.m. By: sg F:\0V\0V9\2007\9-07-003\P&Z Notice Feb 6.doc �Px-LEY qR� r:20 o 9 A Cs ,j: IV ED 1c3 TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT DEPARTMENT Planning and Zoning • Building Safety 11000 N. La Canada Drive, Oro Valley, AZ 85737 - (520) 229-4800 - Fax (520) 742-1022 Oro Valley Public Library 1305 W. Naranja Drive, Oro Valley, AZ 85737 - (520) 229-5300 - Fax (520) 229-5319 January 29th, 2007 Lefkothea Petkopoulos 9901 N. Oracle Rd. Apt 2107 Oro Valley, AZ 85704-7985 Dear Mr. Petkopoulos: This letter is to inform you of a public hearing regarding your property that was recently annexed into the Town of Oro Valley. Per Arizona Revised Statutes, the Town must "translate" zoning of newly annexed properties from Pima County zoning to the nearest zoning equivalent within the Town. TIME: at or after 6:00 p.m. on TUESDAY, FEBRUARY 6, 2007 PLACE: Oro Valley Town Hall Council Chambers 11000 North La Canada Drive Oro Valley, Arizona SUBJECT: OV9-07-03. TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 2.85-ACRE ANNEXED AREA KNOWN AS.ANNEXATION AREA "M", LOCATED NORTH OF TURTLE DOVE LANE AND EAST OF GIBSON TRAIL An agenda for the meeting will be made available 24 hours prior to the meeting time and be viewed at www.townoforovalley.com. Should you have any questions regarding this matter, please contact Matt Michels, Oro Valley Senior Planner, at (520) 229-4822 or mmichels(cD-orovalley.net Respectfully, , )W10- Michels Senior Planner www.townoforovalley.com TOWN OF ORO VALLEY STAFF REPORT TO PLANNING AND ZONING COMMISSION MEETING DATE: February 6, 2007 TO: PLANNING AND ZONING COMMISSION (SM FROM: Matt Michels, Senior Planner SUBJECT: OV9-07-03, TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 2.85-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "M", LOCATED NORTH OF TURTLE DOVE LANE AND EAST OF GIBSON TRAIL EXECUTIVE SUMMARY: On October 4, 2006, the Town of Oro Valley approved Ordinance 06-18, formally annexing the above - referenced property. The ordinance became effective on November 4, 2006. Exhibit "A" includes a legal description of the subject property and Exhibit `B" includes a map that identifies the location of the subject area. In accordance with State Statutes, the Town is required to change, or "translate" the zoning on the annexed properties from the original designation to the closest comparable Oro Valley zone. Section 9-471(L) of the Arizona Revised Statutes (ARS) states:�.��,�; "A city or town annexing an area shall adopt zoning classifications which permit densities and uses no greater than those permitted by the county immediately before annexation. Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land." The Pima County zoning designation for this property is RH (Rural Homestead) zone. RH is a low density residential district "intended to preserve the character and encourage the orderly growth of rural areas in the county". The most comparable Town of Oro Valley zoning designation is the R1-144 district. "This district is intended to promote and preserve suburban -rural single-family residential development. The large lot size permits agricultural uses and promotes open space ". OVERVIEW OF PROPOSED TRANSLATIONAL ZONES: Pima County and Town of Oro Valley Zoning The Pima County RH zone is a low density, rural residential zone which allows one dwelling unit for each 180,000 square feet (approximately 4.1 acres). This 2.85-acre (approximately 124,150 square feet) parcel does not meet the minimum acreage requirement. However, Pima County has given the property legal non -conforming status because the parcel was created legally in 1984, prior to the County's creation of the RH zone in 1985. The property is, therefore, non- conforming to zoning but is considered legal for permitting and development purposes. R1-144 is the second lowest density Oro Valley zoning district. The minimum lot size is 144,000 square feet (approximately 3.3 acres). TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION STAFF REPORT OV9-07-03 Page 2 NOTIFICATION: The property owner subject to this translational zoning has been notified. To date, public comments have not been submitted. GENERAL PLAN CONFORMANCE: The subject property lies within an area designated on the General Plan as "Rural Low Density Residential". The translational zoning conforms with the General Plan. STAFF RECOMMENDATION: Staff recommends translating the zoning of this parcel to R1-144 (Single -Family Residential) District, subject to the condition in Exhibit A. SUGGESTED MOTIONS: I move to recommend approval of OV9-07-03, translating zoning of Annexation Area "M", to the Town of Oro Valley R1-144 district, subject to the condition in Exhibit A. -- ,. n n to R1 ATTACHMENTS: 1. � r32 Attachment A Attachment B ►val o V9-07-03=an ting zi ect t th conditioibit A Area ` N", to Planning and Zoning Director Z. A- — 195� uscoobv-\ FA0V\0V9\2007\9-07-003\PZ Report.doc Exhibit A Condition of Translational Zoning OV9-07-003 1. The Pima County development standards in effect as of November 4, 2006 shall apply to the subject parcel. TOWN OF ORO VALLEY STAFF REPORT TO PLANNING AND ZONING COMMISSION MEETING DATE: February 6, 2007 TO: PLANNING AND ZONING COMMISSION FROM: Matt Michels, Senior Planner SUBJECT: OV9-07-03, TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 2.85-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "M" LOCATED NORTH OF TURTLE DOVE LANE AND EAST OF GIBSON TRAIU EXECUTIVE SUMMARY: On October 4, 2006, the Town of Oro Valley approved Ordinance 06-18, formally annexing the above - referenced property. The ordinance became effective on November 4, 2006. Exhibit "A" includes a legal description of the subject property and Exhibit `B" includes a map that identifies the location of the subject area. In accordance with State Statutes, the Town is required to change, or "translate" the zoning on the annexed properties from the original designation to the closest comparable Oro Valley zone. Section 9-471(L) of the Arizona Revised Statutes (ARS) states: "A city or town annexing an area shall adopt zoning classifications which permit densities and uses no greater than those permitted by the county immediately before annexation. Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land." The Pima County zoning designation for this property is RH (Rural Homestead) zone. RH is a low density residential district "intended to preserve the character and encourage the orderly growth of rural areas in the county". The most comparable Town of Oro Valley zoning designation is the R1-144 district. "This district is intended to promote and preserve suburban -rural single-family residential development. The large lot size permits agricultural uses and promotes open space ". OVERVIEW OF PROPOSED TRANSLATIONAL ZONES: Pima County and Town of Oro Valley Zoning The Pima County RH zone is a low density, rural residential zone which allows one dwelling unit for each M �oi 1 180,000 square feet (approximately 4.1 acres). Yv � i tiJ JCS inn R1-144 is the second lowest density Oro Valley zoning district. The minimum lot size is 144,000 square feet (approximately 3.3 acres). NOTIFICATION: The property owner subject to this translational zoning has been notified. To date, public comments have not been submitted. TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION STAFF REPORT OV9-07-03 Page 2 GENERAL PLAN CONFORMANCE: The subject property lies within an area designated on the General Plan as "Rural Low Density Residential". The translational zoning conforms with the General Plan. STAFF RECOMMENDATION: Staff recommends translating the zoning of this parcel to R1-144 (Single -Family Residential) District, subject to the condition in Exhibit A. SUGGESTED MOTIONS: I move to recommend approval of OV9-07-03, translating zoning of Annexation Area "M", to the Town of Oro Valley R1-144 district, subject to the condition in Exhibit A. OR I move to recommend approval of OV9-07-03, translating zoning of Annexation Area "M", to the Town of Oro Valley R1-144 district, subject to the condition in Exhibit A and the following conditions: ATTACHMENTS: 1. Exhibit A 2. Attachment A 3. Attachment B Planning and Zoning Director F:\0V\0V9\2007\9-07-003\PZ Report.doc