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HomeMy WebLinkAboutOV81401OQO JN,yEY ��Ok► 1, "OUNOE0 191► Development and Infrastructure Services JUNE 6, 2014 Paul Oland WLB Group 4444 E. Broadway Tucson, Arizona 85711 Re: OV814-001, Conditional Use Permit for the SEC of Oracle Road and Magee Road, 1st Submittal The Town of Oro Valley has completed the Engineering review of the Conditional Use Permit request and has no comments. If you have any questions, please call me at (520)229-4824. Since,—.-'y� f'L Josh Potter, P.E. Senior Civil Engineer cc: File Notice In addition to the Town of Oro Valley (the "Town"), there may be other jurisdictions affecting development of the property. If a Property developer waits until late in the development process to contact other pertinent governmental agencies or bodies, additional expense and time in coordination, redesign and development may be a result. Examples of other governmental agencies and /or bodies my have overlapping jurisdiction over this property include but are not limited to the following: Federal: The United States Department of the Interior, Fish and Wildlife Service is responsible for Endangered Species Act compliance, etc. Please note habitat has been designated within the Town. U.S. Fish and Wildlife Field Division 2321 West Royal Palm Road, Suite 103 Phoenix, AZ 850214951 Phone 602-640-2720 Fax 602-620-2730 ■ The United States Corps of Engineers: This agency is responsible for management of jurisdictional waters, etc. Section 404 consultation may be required on properties that contain washes. U.S. Army Corps of Engineers 5205 E. Comanche Davis Monthan AFB Tucson, AZ 85707 Phone 520-284-4486 Fax 520-584-4497 State: ■ Arizona Department of Environmental Quality: This agency has multiple responsibilities. Please contact directly for further information. ADEQ 1110 W. Washington Street Phoenix, AZ 85007 602-771-2300 County: ■ Pima County Department of Environmental Quality: This agency has multiple responsibilities. Please contact for further information. PDEQ 201 N. Stone Avenue, 20' floor Tucson, AZ 85701 520-740-6520 Please be advised, issuance of a permit DOES NOT, nor should it be construed, to imply compliance with Federal, State or County regulations. If you have any questions concerning your responsibilities under federal law, place contact the applicable agency. Applicant name: The WLB group ■no. Attn: Paul Oland Contact phone, address & email lszo� e81-7480. 4444 E Broadway Blvd. Tucson AZ gpoland@wlbgroup.com Site location: Southeast comer of Oracle and Magee Road Proposed use Retail plant nursery and water gardens Applicant signature 2.21.14 Date Case/File number 15 No. 475-5570816 INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. AM F. R'rTti First American 77de COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY ....................................................... on the following page COMMITMENT DATE..................................................................Schedule A(Page 1) POLICIES TO BE ISSUED, AMOUNTS AND PROPOSED INSURED .............................. Schedule A (Page 1) INTEREST IN THE LAND............................................................. Schedule A (Exhibit A) DESCRIPTION OF THE LAND...........................................................on the following page EXCEPTIONS - PART ONE..............................................................Schedule B(inside) EXCEPTIONS - PART TWO..............................................................Schedule B(inside) REQUIREMENTS (Standard) ...............................................................on the third page REQUIREMENTS (Continued)...........................................................Requirements (inside) CONDITIONS........................................................................... on the third page YOU SHOULD READ THE COMMITMENT VERY CAREFULLY 11, AY 2 3 2014 Page 1 No. 475-5570816 AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under the Commitment is limited by the following: The Provisions in Schedule A The Requirements The Exceptions in Schedule B - Parts 1 and 2 The Conditions This Commitment is not valid without SCHEDULE A and Parts 1 and 2 of SCHEDULE B. SCHEDULE B - EXCEPTIONS Part One of Schedule B will be eliminated from any A.L.T.A. Extended Coverage Policy, A.L.T.A. Plain Language Policy, A.L.T.A. Homeowner's Policy, A.L.T.A. Expanded Coverage Residential Loan Policy and any short form versions thereof. However, the same or similar exception may be made in Schedule B of those policies in conformity with Schedule B, Part Two of this Commitment. Part One: (for use with 2006 ALTA policies) 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession of the Land 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing t he issuance thereof; (c) water rights, claims or title to water; whether or not the matters exceptedunder (a), (b), or (c) are shown by the Public Records. Page 2 No. 475-5570816 Part One: (for use with 1992 and prior ALTA policies) 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water; whether or not the aforementioned matters excepted are shown by the public records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. REQUIREMENTS (Standard) The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (d) You must tell us in writing the name of anyone not referred to in this commitment who will get interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (Continued on Requirements Page) CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. LATER DEFECTS The Exceptions in Schedule B may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements are met. We shall have no liability to you because of this amendment. Page 3 No. 475-5570816 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements or eliminate with our written consent any Exceptions shown in Schedule B We shall not be liable for more than the Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claims, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. Page 4 No. 475-5570816 M&Ammcm Tide Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and In the future, we may ask you to provide us with certain Information. We understand that you may be concerned about what we will do with such Information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal Information. Applicability This Privacy Policy governs our use of the Information that you provide to us. It does not govern the manner in which we may use Information we have obtained from any other source, such as Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govem our use of personal information regardless of its source. First American calls these guidelines Its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may tolled include: • Information we receive from you on applications, forms and in other communications to us, whether In writing, In person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and e Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such Information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title Insurers, property and casualty Insurers, and trust and Investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have pint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal Information about you to those individuals and entities who need to know that Information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your Information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal Information. Information Obtained Through Our Web site First American Financial Corporation is sensitive to privacy issues on the Internet We believe it Is important you know how we treat the Information about you we receive on the Internet. In general, you can visit First American or Its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any Information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of vistors. This information Is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar Information. First American uses this information to measure the use of our site and to develop ideas to Improve the content of our site. There are times, however, when we may need Information from you, such as your name and email address. When Information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal Information. Usually, the personal Information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific accounVprofile Information. If you choose to share any personal Information with us, we will only use It in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize Information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FlrstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize Its Importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct Inaccurate Information. When, as with the public record, we cannot correct Inaccurate Information, we will take all reasonable steps to assist consumers in Identifying the sourceof the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will Instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to tolled and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (8/1/09) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) Page 5 No. 475-5570816 First American Title Insurance Company SCHEDULE A First Amended ESCROW/CLOSING INQUIRIES should be directed to your Escrow Officer: Janice Saunders at (520)615-4231 Address Reference: Oracle / Magee Road Tucson, AZ Effective Date: February 11, 2014 at 7:30 a.m. 1. Policy or (Policies) to be issued: ALTA 2006 Extended Owner's Policy for $187,000.00 Proposed Insured: Tucson Koi & Water Gardens, a 2. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: Walter and Jane Wong Family Investments, LLLP, an Arizona limited liability limited partnership 3. Title to the estate or interest in the land upon issuance of the policy shall be vested in: Tucson Koi & Water Gardens, a 4. The land referred to in this Commitment is located in Pima County, AZ and is described as: SEE EXHIBIT "A " ATTACHED HEREIN Title officer: Kevin McManus @ (602)685-7283. Pages 1 through 5 of this document consist of the Title Insurance Commitment contract and our Privacy Policy. Page 6 No. 475-5570816 EXHIBIT "A" ALL THAT PART OF BLOCK "B" OF SUFFOLK HILLS, A SUBDIVISION OF PIMA COUNTY, ARIZONA, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA, IN BOOK 13 OF MAPS AND PLATS AT PAGE 18 THEREOF, DESCRIBED AS FOLLOWS: TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF BLOCK "B"; THENCE SOUTH 10 DEGREES 16 MINUTES 10 SECONDS WEST ALONG THE WEST LINE OF SAID BLOCK "B", 150 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 29 SECONDS EAST, 406.52 FEET TO A POINT IN THE EAST LINE OF BLOCK "B"; THENCE NORTH 10 DEGREES 16 MINUTES 10 SECONDS EAST ALONG THE EAST LINE OF SAID BLOCK "B", 135 FEET; THENCE NORTH 39 DEGREES 52 MINUTES 10 SECONDS WEST, 19.23 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 29 SECONDS WEST, ALONG THE NORTH LINE OF BLOCK "B", 391.52 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION AS SET FORTH IN ORDER RECORDED IN DOCKET 5995, PAGE 1062, AND THEREAFTER FINAL ORDER OF CONDEMNATION RECORDED IN DOCKET 6483, PAGE 860. Page 7 No. 475-5570816 First American Title Insurance Company SCHEDULE B First Amended PART TWO: 1. DELETED INTENTIONALLY 2. Any charge upon said land by reason of its inclusion in Central Arizona Water Conservation District. (All assessments due and payable are paid.) 3. Reservations or Exceptions in Patents, or in Acts authorizing the issuance thereof. 4. Easements, restrictions, reservations, conditions and set -back lines as set forth on the plat recorded as Book 13 of Maps, Page 18, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 5. All matters as set forth in Ordinance 1999-82, recorded November 15, 1999 as Docket 11173, Page 651. 6. The following matters disclosed by an ALTA/ACSM survey made by on , designated Job No. NOTE: This matter will be more fully set forth or deleted upon compliance with the applicable requirement set forth herein. 7. The rights of parties in possession by reason of any unrecorded lease or leases or month to month tenancies affecting any portion of the within described property. NOTE: This matter will be more fully set forth or deleted upon compliance with the applicable requirement(s) set forth herein. 8. Water rights, claims or title to water, whether or not shown by the public records. 9. Taxes for the full year of 2014. (The first half is due October 1, 2014 and is delinquent November 1, 2014. The second half is due March 1, 2015 and is delinquent May 1, 2015.) End of Schedule B Page 8 First American Title Insurance Company First Amended REOUIREMENTS: No. 475-5570816 1. Compliance with A.R.S. 11-480 relative to all documents to be recorded in connection herewith. See note at end of this section for details. 2. Pay second half of 2013 taxes. NOTE: Taxes are assessed in the total amount of $5,961.34 for the year 2013 under Assessor's Parcel No. 225-51-011A 6. 3. Furnish Plat of Survey of the subject property by a Registered Land Surveyor in accordance with the "Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys" which became effective February 23, 2011. Said Plat of survey shall include the required certification and, at a minimum, also have shown thereon Items 1, 8, 11(b), 16, 17, 20(a), and 20(b) from Table A thereof. If zoning assurances are requested, Items 7(a), 7(b), 7(c) and 9 from Table A and information regarding the usage of the property must be included. 4. Furnish copies of any existing leases affecting the within described property and insertion of said leases in Schedule B of the Policy of Title Insurance. 5. Furnish copies of all Certificates required by Title 29, Chapter 3, Arizona Revised Statutes, on file with the Secretary of State relating to Walter and Jane Wong Family Investments, LLLP, a limited partnership. Said Certificates shall be certified by an authorized representative of the Secretary of State as true and correct copies and shall be accompanied by a Certificate from the Secretary of State's office stating that the Certificates presented constitute a complete set of Certificates filed in said office relative to the limited partnership stated. 6. Furnish a copy of the Partnership Agreement of Walter and Jane Wong Family Investments, LLLP, a limited liability limited partnership, together with any amendments thereto. 7. Proper showing as to the type of entity and the location of the formation of Tucson Koi & Water Gardens. Additional requirements may be necessary upon being supplied with same. 8. Approval by all parties to this transaction of the description used herein. 9. Record Warranty Deed from Walter and Jane Wong Family Investments, LLLP, an Arizona limited liability limited partnership to Buyer(s). NOTE: If this will be other than a Cash Transaction, notify the titre department prior to close and additional requirements will be made. Page 9 No. 475-5570816 NOTE: In connection with Arizona Revised Statutes 11-480, as of January 1, 1991, the County Recorder may not accept documents for recording that do not comply with the following: a. Print must be ten -point type or larger. b. A margin of two inches at the top of the first page for recording and return address information and margins of one-half inch along other borders of every page. C. Each instrument shall be no larger than 8-1/2 inches in width and 14 inches in length. 10. Return to title department for final recheck before recording. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Page 10 n s� u to NQ, O y W A A'6p 407 w �Opp ,_. TUC3pN F'LO � Rr ice* !� ffcc t 4 No. 475-5570816 Page 11 No. 475-5570816 DISCLOSURE NOTE: In the event any Affidavit required pursuant to A.R.S. § 33-422 has been, or will be, recorded pertaining to the land, such Affidavit is not reflected in this Commitment nor will it be shown in any policy to be issued in connection with this Commitment. End of Requirements Page 12 February 19, 2014 Town of Oro Valley Planning Division 11000 N. La Canada Drive Oro Valley AZ 85737 Re: Tucson Koi & Cactus To Whom It May Concern: I hereby authorize The WLB Group, Inc. to represent the Walter & Jane Wong Family Investments LLLP in requests related to the entitlement and development of the proposed development located in the southeast corner of Oracle and Magee (parcel #225-51 -011 A). However, in the event the proposed sale, enitlement and subsequent development do not occur, this authorization will automatically be revoked. Sincerely ne Wong Family Investments, LLLP R'eter W. Wong 16' ' 2 5 2014 Tne TUCSON KOI & WATER GARDENS 2�14.02.,0 n o, 1000, W`B EXHIBIT A: LOCATION MAP WLB No. 11303&A-001 Group Tucson Koi & Cactus Property Owners Contact Information Parcel 225-51-011 A Peter W. Wong Walter & Jane Wong Family Investments LLLP Parcel 225-51-012A Bruce McDonald Tucson Koi & Water Gardens LLC OPO�PLLEY A 0yv 4 ��OUNDED 19�d�� Development and Infrastructure Services July 7, 2014 Paul Oland WLB Group 4444 E. Broadway Tucson, Arizona 85711 gpoland(a�-wlbgroup.com Subject: Planning and Zoning Commission Action Letter Tucson Koi & Water Gardens Conditional Use Permit East side of Oracle Road'/ mile south of Magee Road Conditional Use Permit, OV814-001 Dear Paul, The Planning and Zoning Commission at their regular meeting of July 1, 2014, voted to recommend approval of the requested conditional use permit for the proposed plant nursery. The next step in the planning process is consideration by Mayor and Council. The next available Town Council meeting date is September 3, 2014. Please submit via email, the Site Analysis and Site Plan by August 10 for inclusion in Town Council Packets. If you have any questions, please contact me at (520) 229-4812 or mspaeth(cb_oroval Ieyaz.gov. Best Regards, Michael Spaeth, AICP Senior Planner Town of Oro Valley 520.229.4812 mspaeth(o)-orovalleyaz.gov Planning Permitting Inspection & Compliance Engineering Operations Transit (520) 229-4821 (520) 229-481 5 (520) 229-4815 (520) 229-4894 (520) 229-5070 (520) 229-4990 Caring for our heritage, our community, ourfuture. 11000 N. La Canada Drive • Oro Valley, Arizona 85737 fax: (520) 742-1022 • www.orovalleyDIS.com OQD JPLLEY qR/2D2v Development and Infrastructure Services :: Pi Planning Division 11000 N La Canada Drive, Oro Valley, Arizona 85737 • 520-229-4815 520-742-1022 (Fax) OVNDED A NOTICE TO APPLICANT— It is the applicant/owner's responsibility to ensure all private rules and regulations of the subdivision are adhered to. Contact your HOA or property management company to determine all applicable requirements. Initials APPLICATION FORM r_ V ,, r ^ (. I OV Case # (Office Use Only): `{— Application Type: Conditional Use Permit A. Project Manager/Developer Name: Paul Oland Firm: The WLB Group, Inc. Address: 4444 E. Broadway Blvd. City: Tucson State: AZ Zip: 85711 Telephone: (520) 881-7480 Fax: (520) 881-7492 Email: gpoland@wlbgroup.com B. Property Owners), if more than one owner, attach list Name: See Attached List Firm: Address: City: State: Zip: Telephone: Fax: Email: C. Subject Property Parcel/Tax Code: 225-51-011 A; 225-51-012A Legal Description/Property Address: A portion of Section 36, T12S, R13E — SEC of Oracle and Magee Road Area of property: Approximately 2.8 Ac Existing Zoning: R1-144 and R-S Proposed Zoning: C-N Is Proposed Zoning in conformance with General Plan designation? [ ] NIA [ A Yes [ ] No General Plan Designation: NCO Existing Land Use: Vacant Proposed Land Use: Retail Plant Nursery D. Previous Applications Relating To This Property OV8- OV9- OV10- OV11- OV12- OV13. OV113-031 E. Reason For Request Conditional Use Permit to allow the construction of a retail plant nursery and koi garden, including a +1,800 square foot showroom, ponds, nursery plants, open space and related items on +2.8 acres. This application is true and correct to the best of my knowledge. I am the owner of the above described property or have been authorized by the owner to make this application. S Zzlll-�__�____ Date I gignature Property Owners Walter & Jane Wong Family Investments, LLP 5437 East 3rd Street Tucson, Arizona 85711 Tucson Koi and Water Gardens, LLC 3372 North Dodge Boulevard Tucson, AZ 85716 Prepared By The WLB Group, Inc. - Contact: Paul Oland d 4444 East Broadway Boulevard iI'il` 3 Tucson, Arizona 85711 M4 520.881.7480 WLB No.113036-A-001 TABLE OF CONTENTS PART I: INVENTORY AND ANALYSIS Introduction..................................................................................................................................................1 A. Existing Land Uses..................................................................................................................................1 B. Conditional Use Permit Findings............................................................................................................ 9 EXHIBITS A. Location Map.........................................................................................................................................4 B. Aerial Photograph...................................................................................................................................5 C. Existing Land Uses.................................................................................................................................. 6 D. Existing Zoning........................................................................................................................................ 7 E. Existing General Plan..........................................................................................................................................8 F. CUP Site Plan.......................................................................................................................................................9 G. Conceptual Landscape Plan.............................................................................................................................10 Conditional Use Permit Narrative i Tucson Koi and Water Gardens � PV" WLB No. 113036-A-001 INTRODUCTION This site analysis has been prepared in support of a conditional use permit encompassing two lots totaling approximately 2.8 acres. The property is located on Oracle Road approximately 1,000 feet south of Magee Road and is further identified as Parcel Numbers 225-51-011A and 225-51-012A. The subject site is surrounded by development on four sides. Properties to the north, south, and west (across Oracle Road) are all designated by the General Plan, zoned for and contain commercial uses. The area to the east of the project site is an existing single family neighborhood. The proposal is to allow the construction of a 1,800± square foot showroom, shade structures and shade sails, koi ponds, onsite parking and to display and sell nursery related items. BACKGROUND 1. Existing Land Uses 1. Site Location The subject property is located within Township 12 South, Range 13 East, Section 36, Town of Oro Valley, Pima County, Arizona. It is bounded by Oracle Road to the west, a dirt alley to the east, and an alley easement to the north. Commercial developments exist to the north and south and an existing single family neighborhood to the east. The Pima County Tax Assessor designates the properties as parcels 225-51-012A and 225-51- 011A. Refer to Exhibit A: Location Map and Exhibit 8: Aerial Photograph. 2. Existing Land Uses on Site The subject properties are currently undeveloped and vacant. A wash bisects the site and flows from east to west. Refer to Exhibit C. Existing Land Uses. 3. Adjacent Property Information a. Existing Zoning Parcel 225-51-011A: RS, Residential Service District Parcel 225-51-012A: 111-144, Single Family Residential North: C2, Regional Commercial South: RS, Residential Service District East: 111-36, Single Family Residential West: C2, Regional Commercial, CR-1, CR-5 (Pima County) Refer to Exhibit D: Existing Zoning. Conditional Use Permit Narrative 1►�� Tucson Koi and Water Gardens (a,P WLB No. 113036-A-001 b. Existing Land Use Parcel 225-51-011A: Vacant, undeveloped Parcel 225-51-012A: Vacant, undeveloped North: Commercial Shopping Center (Plaza Escondido, including Marshalls, Panda Express, Trader Joes, two tire shops and numerous other retailers South: Commercial Office/Retail Building complex East: Single Family Residential neighborhood West: Commercial Shopping Center (Oracle Crossings) across Oracle Road including Wal-Mart Neighborhood Market, KFC, Taco Bell, and numerous other restaurant and businesses Refer to Exhibit C: Existing Land Uses. C. Existing General Plan Designations Parcel 225-51-011A: Neighborhood Commercial/Office (Growth area) Parcel 225-51-012A: Neighborhood Commercial/Office (Growth area) North: Community/Regional Commercial (Growth area) South: Neighborhood Commercial/Office (Growth area) East: Low Density Residential (0.4 to 1.2 DU/acre) West: Community/Regional Commercial (Growth area) The site is designated on the General Plan Land Use Map as Neighborhood Commercial/ Office and is located within the Oracle/Magee/Ina Growth area. The Growth areas are particularly suitable for planned multi -modal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses. The Neighborhood Commercial designation is intended to provide services to the surrounding residents. According to the General Plan, these areas "must be developed for commercial and office uses..." Due to the existing General Plan designation of NCO, the location of the property in the Oracle/Magee/Ina Growth area, and the surrounding General Plan designations, it is expected that the concurrent rezoning application to designate the site as CN will be approved. Refer to Exhibit E: Existing General Plan. Conditional Use Permit Narrative 2 yryr�� Tucson Koi and Water Gardens Group WLB No. 113036-A-001 Surrounding Building Heights The single family residences to the east are all single story homes approximately 20' in height. The commercial office and retail complex to the south are single story with an overall height of approximately 20'. The rear of the commercial center to the north and adjacent tire shop are approximately 20' as well. The parapets on the front of the center approach 30', consistent with the shopping center across Oracle Road. See Exhibit C. Existing Land Uses. Surrounding Subdivisions & Development Plans North: Escondido Plaza (Bk. 27 Pg. 82) South: Suffolk Subdivision (Bk. 13 Pg. 18) East: Suffolk Subdivision (Bk. 13 Pg. 18) West: Oracle Crossings (Bk. 61 pg. 39), Bonita Acres (bk. 24, pg. 25) Conditional Use Permit Narrative 3 rrf� Tucson Koi and Water Gardens gfrbA" WLB No. 113036-A-001 The TUCSON KOI & WATER GARDENS 20,4.02.10 E�l o i000 �oB EXHIBIT A: LOCATION MAP WLBNa.113036A-001 y . , y l r— .� UNDEVELOPED ` _L CHO • / .. OEVIEW . ,� wVr;����1q rlj�, .. " e.`* ',=i I :.. � ✓ ., ! P ` JJ� PIAZA�. i M AGE w. I, s � wALaOART i ♦ SUBJECT ;yi. u• y'.!^+ i' PROPERTY R 1 w . 11 .a + . ♦ • a . K.� y E / UNDEVELOPED1- 11 LE:A � t.:4 '� — `L ' f-►ter®w r.. � 1 x e t 1 i U - t ` , . V tt L BONITA , I, —. ACRES ' I 1 a _ , �.. � .. ; —j � `-..' f - _ � ---' a .Y `` ,•4'1 1 UNDEVELOPED HARELSON sUFFOLK / 1 EsTATEB f �' f l HIL' s WELOP EO ,1.,llW.WT­Kd,M1001 Pler VEMNM1.'Eif•G E.,Wp Lw U II. CONDITIONAL USE PERMIT FINDINGS The findings for approval of the Conditional Use can be made as follows: 1. That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. a. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination; Noise, smoke, odor, dust, vibration. The proposed project will not cause any damage or long term nuisances from noise, smoke, dust, vibration. During the brief construction period a minor amount of smoke, odor, dust or vibration may be emitted from the site. These will be mitigated by pre -watering the site, installation of construction fencing, utilizing properly maintained equipment, and adhering to construction hours. The site will be utilized as a water garden and retail nursery. Though the sales activity is located largely outside in the open, the operation does not involve activities that would contribute to noise or vibration in excess of current levels experienced from highway traffic and existing commercial centers. No uses are proposed which would emit any smoke or odors. The site will be landscaped and will not result in any significant dust leaving the site. Illumination. The site will have onsite safety, security and decorative lighting but will fully comply with the Zoning Code Section 27.5, Outdoor Lighting. b. Hazard to persons and property from possible explosion, contamination, fire or flood; Explosion. The proposed use will not place people or property in a hazardous situation. No explosives will be stored on site. A minimal amount fertilizer may be stored onsite and will be kept proper containers to industry standards. Contamination. No hazardous materials will be stored on the site. There is no risk of contamination. Fire. The project will require review and approval of Mountain Vista Fire Department. The project will fully comply with all requirements. Conditional Use Permit Narrative 9 rr�e� Tucson Koi and Water Gardens �"«w" WLB No. 113036-A-001 Tucson Water is the service provider for this property. An 8" PVC main runs north and south in the alley. The project will make connection with this main. 33rT.n The site is designated as Zone 'X' per the FEMA Flood Insurance Rate Map (FIRM), Panel 04019C1680L, Revised June 16, 2011. However, the wash carries approximately 1,035 cfs and thereby, is locally regulated by the Town of Oro Valley. The off -site terrain of the upstream watersheds is mostly native desert vegetation, with a number of roadway crossings and residential development. The development in the upstream area was platted in the 1950s and therefore provides little, or no, detention. Drainage infrastructure will be designed to convey off -site stormwater through the site, maintaining the current outlet points. Runoff will remain largely within the existing channel. Increased runoff produced by the proposed development will be minimal and directed into detention basins provided to mitigate the runoff to pre -development levels. The reduced runoff will then be discharged into the existing, natural channel and ultimately off -property in the existing manner. Additionally Tucson Koi and Water Garden plans to showcase rainwater harvesting devices which to a smaller degree provide for additional stormwater runoff mitigation. c. Hazard occasioned by unusual volume or character of traffic. Oracle Road (State Highway 77) has an estimated ADT of 55,000 between Magee and Ina Roads and 46,000 between Magee and Hardy Roads. The proposed project consists of a small 1,800± square foot show room, outdoor display garden and retail nursery. The proposed project will not generate a significant amount of trips to the highway. Existing Ultimate Travel Speed ADT Surface Scheduled Road Section Capacity ROW ROW Lanes Limit (PAG) Conditions Improvement Magee Rd. to Ina Rd. 180-200' 200' 6 45,000 50 55,000 Paved None Oracle Rd. Magee Rd. to Hardy 180'-200' 200' 6 45,000 50 46,000 Paved None Rd. Oracle Rd. to 15 Paved w/ Under Magee Rd. La Canada varies 150' 2,4 30,000 35-45 14,146 sidewalk construction Oracle to Christie Dr. 150' 150' 2 15,000 25 1,893 Paved Completed N. Northern Rd. Ina to Hardy 150' 150' 2 15,000 35 8,782 Paved None Paved w/ Magee Rd to Ina Rd 150' 150' 4 30,000 25 7,869 Completed La sidewalk Canada Dr. Magee Rd. to Paved w/ Overton Rd. 150' 150' 4 30,000 25 7,213 sidewalk Completed Conditional Use Permit Narrative 10 The - Tucson Koi and Water Gardens GrLBPMff.AB WLB No. 113036-A-001 A driveway will be installed approximately one quarter of a mile south of the signalized intersection of Magee and Oracle Roads, and one quarter of a mile north of the signalized intersection of Suffolk Drive and Oracle Road. Additionally, a secondary access will be provided through the office complex to the south. 2. That the characteristics of the use proposed in such use permit are reasonably compatible with the types of use permitted in the surrounding area. The proposed use provides a smooth transition to the surrounding uses. The small building footprint, low height, natural undisturbed open space, onsite landscaping and retail plants will provide an attractive transition and buffer to the residential uses to the east. The site will provide a buffer between the large commercial center to the north and the smaller office/retail park to the south. The site is located between two commercial centers with heights ranging from approximately 20' to 30' in height. In addition, the property to the north is elevated above the project site. The sites gradient is consistent with Oracle Road and the existing neighborhood to the east making much of the site minimally visible from offsite locations other than from the rear of the commercial to the north. The prominent view across the site is to the northwest of Pusch Ridge. This is visible traveling north on Oracle Road. The view is partially obstructed by the large commercial development to the north, power lines and existing vegetation. The secondary view across the site is from the single family homes south west towards the Tucson Mountains. This view is obstructed by the existing vegetation on the site and the commercial development across Oracle road. No significant impacts to the view shed are anticipated as a result of this project. A 15-foot minimum buffer yard is will be provided along the southern property line where the project is adjacent to the existing office and retail complex, designated as Residential Service. A 30-foot buffer is required along Oracle Road and although not required landscaping/ buffering will be provided along the rear and northern portions of the property. Conditional Use Permit Narrative 11 Tucson Koi and Water Gardens gk_ W" WLB No. 113036-A-001 O�O�P��EY gA�O,L GENERAL PLAN MAP y TUCSON KOI & WATER GARDENS (OV814-001) ��UNDED �9�� Attachment 3 R-S R-S R-S Magee Road Rl-144 C-2 R-S Rl-144 Rl-36 Pima OuPtly, Rl-144 ZONING PLAN MAP TUCSON KOI & WATER GARDENS (OV814-001) Attachment 4 Attachment 5 Neighborhood Meeting Summary Tucson Koi and Water Gardens Conditional Use Permit OV814-001 July 1, 2014, Planning and Zoning Commission Tucson Koi and Water Garden Neighborhood Meeting December 18, 2013 Approximately three neighbors and interested parties were in attendance. Planning Manager David Williams facilitated the event that included a brief presentation by Town staff discussing the Rezoning and Conditional Use Permit process, followed by a presentation by the applicant. A question and answer session followed the applicant's presentation, which is outline below. Issues discussed included Trash truck noise and hours Truck noise, no heavy equipment Hours of operation Screening, buffer yards Water Conservation Storage of plant material, mulch, etc. Mosquitos Sale of cactus vs. higher water use plants Consistency with the neighborhood commercial zoning designation Lighting impacts Dust impacts Safety of koi ponds Neighborhood bobcats Access/modifications to driveway Traffic Impact Analysis/ADOT requirements No alley access Will water features reduce road noise? Planning Manager David Williams closed the question and answer session and thanked everyone for their time and comments. This concluded the neighborhood meeting. Attachment 6 Resident Comment Tucson Koi and Water Gardens OV914-001 July 1, 2014, Planning and Zoning Commission From: BrianDavies1(a-)aol.com [mailto: Briandavies1(cD-wol.coml Sent: Sunday, December 22, 2013 8:22 PM To: Michels, Matthew Subject: Tucson Koi & Water Gardens Oracle Rd. Matt, Although I could not attend the Dec 18U' meeting regarding the Tucson Koi & Water Gardens project on N Oracle Rd, I just wanted to offer support for the project. As the owner of the due South property 7780/7790 N Oracle —Newport Properties L.L.C. (Pella Building), I believe that the project will add to the neighborhood in significant ways. I do have a few concerns with our limited views of the Push ridge scenic area, but I believe with the proposed single level structures and parking lot arrangements, there will be no problem. Also, I realize we would have an easement with connecting parking roadways on the front North portion of our lot. That makes sense, as Oracle Road is a heavy traffic area. There is also the question as to the water hookup that (as the first property to significantly develop in that area) we had to pay quite heavily for, as we added the Eastern development on our property. Hopefully we can share that expense as you tie into it. Anyway, I offer a more immediate way to contact us, if you have concerns. Good luck and please keep us posted. Best, Brian R.Brian Davies/Jana Davies Newport Properties BrianDavies1(a)-aol.com 349-9497 cell No. 475-5570809 INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. i,`tit Aya �,C�♦ FwstAmerican Title L� COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company TABLE OF CONTENTS AGREEMENTTO ISSUE POLICY ....................................................... on the following page COMMITMENTDATE..................................................................Schedule A(Page 1) POLICIES TO BE ISSUED, AMOUNTS AND PROPOSED INSURED .............................. Schedule A (Page 1) INTEREST IN THE LAND............................................................. Schedule A (Exhibit A) DESCRIPTIONOF THE LAND...........................................................on the following page EXCEPTIONS - PART ONE..............................................................Schedule 8(inside) EXCEPTIONS - PART TWO.............................................................. Schedule B (inside) REQUIREMENTS(Standard)............................................................... on the third page REQUIREMENTS(Continued)...........................................................Requirements (inside) CONDITIONS........................................................................... on the third page YOU SHOULD READ THE COMMITMENT VERY CAREFULLY !,`tiY 2 3 2014 Page 1 No. 475-5570809 AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under the Commitment is limited by the following: The Provisions in Schedule A The Requirements The Exceptions in Schedule B - Parts 1 and 2 The Conditions This Commitment is not valid without SCHEDULE A and Parts 1 and 2 of SCHEDULE B. SCHEDULE B - EXCEPTIONS Part One of Schedule B will be eliminated from any A.L.T.A. Extended Coverage Policy, A.L.T.A. Plain Language Policy, A.L.T.A. Homeowner's Policy, A.L.T.A. Expanded Coverage Residential Loan Policy and any short form versions thereof. However, the same or similar exception may be made in Schedule B of those policies in conformity with Schedule B, Part Two of this Commitment. Part One: (for use with 2006 ALTA policies) 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession of the Land 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing t he issuance thereof; (c) water rights, claims or title to water; whether or not the matters exceptedunder (a), (b), or (c) are shown by the Public Records. Page 2 No. 475-5570809 Part One: (for use with 1992 and prior ALTA policies) 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water; whether or not the aforementioned matters excepted are shown by the public records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. REQUIREMENTS (Standard) The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (d) You must tell us in writing the name of anyone not referred to in this commitment who will get interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (Continued on Requirements Page) CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements are met. We shall have no liability to you because of this amendment. Page 3 No. 475-5570809 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements or eliminate with our written consent any Exceptions shown in Schedule B We shall not be liable for more than the Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claims, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. Page 4 No. 475-5570809 1 Fast Amerilcm Title Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefft of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we by to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (8/1/09) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) Page 5 No. 475-5570809 First American Title Insurance Company SCHEDULE A Second Amended ESCROW/CLOSING INQUIRIES should be directed to your Escrow Officer: Janice Saunders at (520)615-4231 Address Reference: Oracle/Magee Road Tucson, AZ Effective Date: September 11, 2013 at 7:30 a.m. 1. Policy or (Policies) to be issued: ALTA 2006 Extended Owner's Policy for $200,000.00 Proposed Insured: Tucson Koi and Water Gardens, LLC, an Arizona limited liability company 2. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: Bernard Fisher and Theresa Fisher, husband and wife 3. Title to the estate or interest in the land upon issuance of the policy shall be vested in: Tucson Koi and Water Gardens, LLC, an Arizona limited liability company 4. The land referred to in this Commitment is located in Pima County, AZ and is described as: SEE EXHIBIT "A " ATTACHED HEREIN Title officer: Charlie Davies @ (602)685-7275. Pages 1 through 5 of this document consist of the Title Insurance Commitment contract and our Privacy Policy. Page 6 No. 475-5570809 EXHIBIT "A" ALL THAT PART OF BLOCK "B" OF SUFFOLK HILLS, A SUBDIVISION OF PIMA COUNTY, ARIZONA, ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA, IN BOOK 13 OF MAPS AND PLATS AT PAGE 18, THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF BLOCK "B"; THENCE SOUTH 10 DEGREES 16 MINUTES 10 SECONDS WEST, ALONG THE WEST LINE OF SAID BLOCK "B" 150 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 10 DEGREES 16 MINUTES 10 SECONDS WEST, ALONG THE WEST LINE OF BLOCK "B" A DISTANCE OF 155 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 29 SECONDS EAST, 406.52 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK "B"; THENCE NORTH 10 DEGREES 16 MINUTES 10 SECONDS EAST, ALONG THE EAST LINE OF BLOCK -B" A DISTANCE OF 155 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 29 SECONDS WEST, A DISTANCE OF 406.52 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT FROM THE ABOVE DESCRIBED PROPERTY, THAT PORTION CONVEYED TO THE STATE OF ARIZONA BY DEED RECORDED MARCH 13TH, 1979 IN DOCKET 5982 AT PAGE 577, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH 155.00 FEET OF THE NORTH 305.00 FEET OF BLOCK -B", SUFFOLK HILLS ACCORDING TO THE PLAT OF RECORD IN BOOK 13, OF MAPS AT PAGE 18, RECORDS OF PIMA COUNTY, ARIZONA, AS MEASURED ALONG THE WEST LINE OF SAID BLOCK -B", WHICH LIES WITHIN THE FOLLOWING DESCRIBED TRACT OF LAND: BEGINNING AT THE NORTHWEST CORNER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA; THENCE SOUTH 89 DEGREES 59 MINUTES 40 SECONDS EAST ALONG THE NORTH LINE THEREOF, A DISTANCE OF 1156.81 FEET TO THE EXISTING CENTERLINE OF U.S. HIGHWAY 89 (TUCSON — ORACLE ICT. — GLOBE HIGHWAY); THENCE SOUTH 10 DEGREES 16 MINUTES 50 SECONDS WEST ALONG SAID EXISTING CENTERLINE, A DISTANCE OF 1087.69 FEET; THENCE SOUTH 79 DEGREES 43 MINUTES 10 SECONDS EAST, 100.00 FEET TO THE TRUE POINT OF BEGINNING ON THE EXISTING EASTERLY RIGHT OF WAY LINE OF SAID U.S. HIGHWAY 89; THENCE CONTINUING SOUTH 79 DEGREES 43 MINUTES 10 SECONDS EAST, 50.00 FEET; THENCE SOUTH 10 DEGREES 16 MINUTES 50 SECONDS WEST, 100.00 FEET; THENCE NORTH 79 DEGREES 43 MINUTES 10 SECONDS WEST, 50.00 FEET TO SAID EXISTING EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 89; Page 7 No. 475-5570809 THENCE NORTH 10 DEGREES 16 MINUTES 50 SECONDS EAST ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 100.00 FEET TO THE TRUE POINT OF BEGINNING. Page 8 First American Title Insurance Company SCHEDULE B Second Amended PART TWO: DELETED INTENTIONALLY No. 475-5570809 2. Any charge upon said land by reason of its inclusion in Central Arizona Water Conservation District. (All assessments due and payable are paid.) 3. Reservations or Exceptions in Patents, or in Acts authorizing the issuance thereof. 4. Easements, restrictions, reservations, conditions and set -back lines as set forth on the plat recorded as Book 13 of Maps, Page 18, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 5. The terms, conditions and provisions contained in the document entitled "Deed of Easement" recorded June 25, 2007 as Docket 13083, Page 4960. 6. DELETED INTENTIONALLY 7. The rights of parties in possession by reason of any unrecorded lease or leases or month to month tenancies affecting any portion of the within described property. NOTE: This matter will be more fully set forth or deleted upon compliance with the applicable requirement(s) set forth herein. Water rights, claims or title to water, whether or not shown by the public records. Second installment of 2013 taxes, a lien, payable on or before March 1, 2014, and delinquent May 1, 2014. 10. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. End of Schedule B Page 9 First American Title Insurance Company Second Amended REOUIREMENTS: No. 475-5570809 Compliance with A.R.S. 11-480 relative to all documents to be recorded in connection herewith. See note at end of this section for details. 2. Pay first half of 2013 taxes. NOTE: Taxes are assessed in the total amount of $5,636.51 for the year 2013 under Assessor's Parcel No. 225-51-012A 7. 3. DELETED INTENTIONALLY 4. Furnish copies of any existing leases affecting the within described property and insertion of said leases in Schedule B of the Policy of Title Insurance. 5. DELETED INTENTIONALLY 6. Proper showing as to the type of entity and the location of the formation of Tucson Koi & Water Gardens. Additional requirements may be necessary upon being supplied with same. (REQUIREMENT SATISFIED) 7. Approval by all parties to this transaction of the description used herein. 8. Record Warranty Deed from Bernard Fisher and Theresa Fisher, husband and wife to Buyer(s). NOTE: If this will be other than a Cash Transaction, notify the title department prior to close and additional requirements will be made. NOTE: In connection with Arizona Revised Statutes 11-480, as of January 1, 1991, the County Recorder may not accept documents for recording that do not comply with the following: a. Print must be ten -point type or larger. b. A margin of two inches at the top of the first page for recording and return address information and margins of one-half inch along other borders of every page. C. Each instrument shall be no larger than 8-1/2 inches in width and 14 inches in length. 9. Return to title department for final recheck before recording. Page 10 No. 475-5570809 The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Page 11 No. 475-5570809 SroS�� t+ r ca TUUSON t� AY q hJ DO 00. N. �}�' � x G[4n ■G C ! 1' � 1 � '� � yA' ` ` `-......_ I'�1 •• C tl i'3irC� � µ y [tl u� �! � to x A z �' �t eg , tv e i Page 12 No. 475-5570809 DISCLOSURE NOTE: In the event any Affidavit required pursuant to A.R.S. § 33-422 has been, or will be, recorded pertaining to the land, such Affidavit is not reflected in this Commitment nor will it be shown in any policy to be issued in connection with this Commitment. End of Requirements Page 13 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION The Planning and Zoning Commission invites the community to attend a public hearing on Tuesday, July 1, 2014, 6 p.m. Oro Valley Town Council Chambers, 11000 N. La Canada Drive Oro Valley, Arizona Public Hearing: Proposed retail plant nursery, showroom and sales area for Tucson Koi & Water Gardens, located on the east side of Oracle Rd. approximately'/4 mile south of Magee Rd. (Project number OV914-001) The applicant is concurrently requesting the approval of a Conditional Use Permit which is required for the proposed use. (Project number OV814-001). Both applications will be heard by the Planning and Zoning Commission. The public is encouraged to attend and will be invited to speak. An agenda for this meeting will be made available at least 24 hours prior to the meeting time and can be viewed at www.orovalleyaz.gov. For questions and additional information, please contact Michael Spaeth, Senior Planner, at (520) 229-4812 or mspaeth orovalleyaz.gov. POSTED: 6/16/2014 TIME: 8:00 AM BY: rm I THE DAILY TERRITORIAL AFFIDAVIT OF PUBLICATION STATE OF ARIZONA } } ss. COUNTY OF PIMA } Roxanne Murray, being first duly sworn, deposes and says that (s)he is the Lead Public Notice Clerk of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County of Pima, State of Arizona and elsewhere, and hereto attached: NOTICE OF HEARING Tucson Koi & Water Gardens Project Number OV814-001 July 1, 2014 was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for 1 issues; that was first made on the 13`h day of June, 2014 and the last publication thereof was made on the 13`h day of June, 2014; that said publication was made on each of the following dates, to -wit: 6/13/14 at the Request of: Town of Oro Valley by �— , Lead Public Notice Clerk, subscribed and sworn to before me this 13`I' d y o June, 2014. CELINDA; �RGUt Notary Public - Arizona Pima County E0151. My Comi-nission Expires October 31,2015 Notary Public in and for the County of Pima, State of Arizona My commission expires 10/31/2015 www.dailyterritorial.com • JUNE 13, 2014 27 TOWN OF ORO VALLEY NOTICE OF PUBLIC HEARING Planning 8 Zoning Commission The Planning 8 Zoning Commission invites Ilse community in attend a public hearing on Tuesday, July 1, 2014, 6A0 PM Town Council Chambers Dro Valley Town Hall, 11000 N. La Canada Dr. Public Hearing: Rezoning of a 39 acre property, known as the Olson Properly, to Rancho Vlsloso Planned Area Development (PAD) and amendment at the Rancho Vislose PAD to Include the property in Neighborhood 10 as Medium Density Residential. The applicant proposes a 105 lot single family residential subdivision. The property is located an the north side of Moore Road between Yellow Orchid Drive and Mystic View Place, OV914-GO3. The public is encouraged to attend and will be invited to speak. An agenda for this meeting will be made available at least 24 hours prior to the meeting lime and on be viewed at YOaL orevalievaz ov. For questions and additional infannalion, please conlaG Matt Michels, Senior Planner, at (520) 229-4822 or mmchelsMnrevallevaz on NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION The Planning and Zoning Commission Invites the community to attend a public hearing an Tuesday, July 1, 2014, 6 p.m. Oro Valley Town Council Chambers, 11000 N. La Canada Drive Oro Valley, Arizona Public Hearing: Proposed retail plant nursery, showroom and sales area far Tucson Koi 0 Water Gardens, located on the east side of Oracle Rd. approximately A mile south of Magee Rd. (Project number OV914-001) The applicant is concurrently requesting the approval of a CondiOonal Use Permit which is required for the proposed use. (Project number OV814-001). Both applications will be heard by the Planning and Zoning Commission The public is encouraged to attend and will be invited to speak. An agenda for this meeting will be made available at least 24 hours prior to the meeting time and can be vimved at MMM orovallevez.nev. For questions and additional information, please contact Michael Spaeth, Senior Planner, at (520) 229-4812 or msoeelhOorcvallevaz nov 12 JUNE 13, 2014 85756, who has been a bonifide resident of the State of Arizona for more than three years, has been appointed the Statutory Agent for this corporation. ARTICLE XI Incorporators and their ad- dresses: John Richard Gasho Sr. 5951 South Wilmot Road Tucson AZ 85756 Title: President/Treasurer/Director/Statu- tory Agent Victor L Gasho 660 East Sterling Canyon Drive Vail AZ 85641 Title: Vice- president/Secretary/Director State of Arizona County of Pima Before me have appeared, John R Gasho Sr. and Victor L. Gasho, who have duly sworn to the above articles. /s/ John R. Gasho Sr. /s/ Victor Lee Gasho /s/ Notary OFFICIAL SEAL DAWN A. DEAVER NOTARY PUBLIC ARIZONA PIMA COUNTY My Comm. Exp. Sept. 10, 2017 AZ CORPORATION COMMIS- SION FILED APR 18 2014 FILE NO. 1916935.7 PUBLISH: The Daily Territorial June 12, 13, 16, 2014 Creditor Notices NOTICE TO CREDITORS LAW OFFICES PHILLIPS, MOELLER & CONWAY A PROFESSIONAL LIMITED LIABILITY COMPANY 405 WEST FRANKLIN STREET, TUC - SON, ARIZONA 85701 (520) 798-3803 Attorney for Personal Representative SUPERIOR COURT OF ARIZONA, PIMA COUNTY In the Matter of the Estate of: EVERETT RICARDO SANDOVAL (D/OB: June 20, 1957) Deceased. NO. PB 20140586 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Wendy Marie• McGee has been appointed Personal Representative of this Estate. All persons having claims against the Estate are required to present their claims within four months after the date of the first publication of this notice or the claims will be forever barred. Claims must be presented by delivering or mailing a written statement of the claim to the Personal Representative, c/o Kenneth R. Moeller, 405 West Franklin Street Tucson Arizona (85701). DATED this 9th day of June, 2014. /S/ Wendy Marie McGee, Personal Representative PHILLIPS, MOELLER & CONWAY, PLLC By /S/ Kenneth R. Moeller 405 W. Franklin, Tucson, Arizona 85701 (520) 798-3803 Attorney for Personal Representative PUBLISH: The Daily Territorial June 13, 20, 27, 2014 NOTICE TO CREDITORS VALENTINE & VALENTINE, P.C., 6831 N. Oracle Road, Suite 145, Tucson, AZ 85704 Attorneys for Successor Trustee Mark J. Valentine, Esq. In the Matter of the Trust Administra- tion of the: REYNOLDS MIEL LIVING TRUST, dated July 7, 2010 NOTICE TO CREDITORS (For publication) NOTICE IS GIVEN that VICKY A. MIEL,asthe Successor Trustee of the Reynolds Miel Living Trust, dated July 7, 2010. All persons having claims against the Trust are required to present their claims within four months after the date of the first publication of this Notice or the claims will be forever barred. Claims must be presented by delivering or mail- ing a written statement of the claim to the appropriate Trustee or their attorney at the address listed above. DATED: May 28, 2014 /S/ Mark J. Valentine, VALEN- TINE & VALENTINE, P.C. Attomey for the Trustee of the Reynolds Miel Trust, dated July 7, 2010. PUBLISH: The Daily Territorial June 13, 20, 27, 2014 NOTICE TO CREDITORS VALENTINE & VALENTINE P.C.6831 N. Oracle Road Suite 145 Tucson AZ 85704 Attorneys for Successor Trustee Mark J. Valentine, Esq. In the Matter of the Trust Administra- tion of the: DIXIE JOAN HOWERTON LIVING TRUST, dated November 11, 2013 NOTICE TO CREDITORS (For publication) NOTICE IS GIVEN that Bradley S. How- erton and Laurence R. Howerton are the Successor co -Trustees of the DIXIE J. HOWERTON LIVING TRUST, dated November 11, 2013. All persons having claims against the Trust are required to present their claims within four months after the date of the first publication of this Notice or the claims will be forever barred. Claims must be presented by delivering or mailing a written statement of the claim to the appropriate Trustee or their attorney at the address listed above. DATED: June 10, 2014 /s/ Mark J. Valentine VALENTINE & VALENTINE, P.C. Attorney for the Trustee of the Robert, Hopp Revocable Trust, dated August 25, 2001. PUBLISH: The Daily Territorial June 13, 20, 27, 2014 Hearing Notices NOTICE OF HEARING Nancy L. Armando M. Canez 7666 S. Carlisle Ave. Tucson AZ 85746 ARIZONA SUPERIOR COURT, PIMA COUNTY In the Matter of the Guardianship of: Vivianna Inez Morales 8131/13 Minor(s). Case No. GC20140274 NOTICE OF HEARING David R.Ostapuk Judge/ Commissioner NOTICE IS GIVEN that the Court will considerthe guardianship of Vivianna Inez Morales on July 9, 2014 at the hour of 10:30 o'clock, at the Pima County Court Building, 110 W. Congress, Tucson, Arizona. DATED: 4/7/2014 /s/ /s/ Petitioner(s) YOU ARE RESPONSIBLE FOR PRO- TECTING YOUR INTERESTS. YOU ARE RESPONSIBLE FOR PRO- TECTING YOUR INTERESTS. This matter may not be independently investigated or verified by the court. If you object to any part of the petition, you must file a written objection with the court describing the legal basis for your objection. Failure to file a written objection may jeopardize your interests. Without your written objection, you should expect the requested relief will be granted. If you question any other action of the fiduciary, file an appropriate written petition or motion with the court. This is a legal matter. If you have ques- tions, seek legal advice from an attorney. You have the right to represent yourself. If you represent yourself you must cor- rectly follow court procedures. ESTE ES UN AVISO LEGAL. SUS DERECHOS PODRIAN VERSE AFECTADOS. PUBLISH: The Daily Territorial June 12, 13. 16, 2014 NOTICE OF HEARING Renee Sosa 7317 E. Placita Antigua Tucson AZ 85710 Petitioner(s) in pro per SUPERIOR COURT OF ARIZONA, COUNTY OF Pima In re the Name Change of Silvana Aglin Encinas a Minor DOB: 2/21/2004 Petitioners. CASE NO. C20140388 NOTICE OF HEARING ON PETITION FOR CHANGE OF NAME TO: Carlos Encinas PLEASE TAKE NOTICE that the undersigned petitioner(s) has(have) jointly petitioned this Court pursuant to A.R.S.12-601 and 12-602 to change the names of the above named joint petitioners to Silvana Ailin Sosa. Objections to the requested Change of Name must be made with the above named Court on or before the hearing scheduled for 10:30 a.m., June, the 27th day of 2014 before the following Judge or Court Commissioner: Leslie Miller Lori B. Jones You may appear in person or by your Attorney at the Scheduled Hearing. A NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION The Planning and Zoning Commission invites the community to attend a public hearing on Tuesday, July 1, 2014. 6 p.m. Oro Valley Town Council Chambers,11000 N. La Canada Drive Oro Valley, Arizona Public Hearing: Proposed retail plant nursery, showroom and sales area for Tucson Koi & Water Gardens, located on the east side of Oracle Rd. approximately r/ mile south of Magee Rd. (Project number OV914-001) The applicant is concurrently requesting the approval of a Conditional Use Permit which is required for the proposed use. (Project number OV814-001). Both applications will be heard by the Planning and Zoning Commission. The public is encouraged to attend and will be invited to speak. An agenda for this meeting will be made available at least 24 hours prior to the meeting time and can be viewed at www. orovallevaz.00v. For questions and additional information, please contact Michael Spaeth, Senior Planner, at (520) 229.4812 or msoaethOorovalleyaz.00v. TOWN OF ORO VALLEY NOTICE OF PUBLIC HEARING Planning & Zoning Commission The Planning & Zoning Commission invites the community to attend a public hearing on Tuesday, July 1, 2014, 6:00 PM Town Council Chambers Oro Valley Town Hall,11000 N. La Canada Dr. Public Hearing: Rezoning of a 39 acre property, known as the Olson Property, to Rancho Vistoso Planned Area Development (PAD) and amendment of the Rancho Vistoso PAD to Include the property In Neighborhood 10 as Medium Density Residential. The applicant proposes a 105 lot single family residential subdivision. The property is located on the north side of Moore Road between Yellow Orchid Drive and Mystic View Place, OV914-003. The public is encouraged to attend and will be invited to speak. An agenda for this meeting will be made available at least 24 hours prior to the meeting time and can be viewed at WEL orovalleyaz.00v. For questions and additional information, please contact Matt Michels, Senior Planner, at (520) 229-4822 or mmichels@orovallevaz.aov copy of the Petition for Change of Name is attached hereto for your reference. /s/ Petitioner's Signature PUBLISH: The Daily Territorial May 23, 30, June 6, 13, 2014 Public Notices PUBLIC NOTICE The City of Tucson Housing and Community Development Department Code Enforcement Division has written a Notice of Violation, Case Number T14DVO1224 on or about March 4, 2014. JESUS EDUARDO GONZALEZ Owner(s), committed the following violation(s) of the Tucson City Code at the location of 156 W. LINCOLN ST., parcel number 120-07-0960, in The City of Tucson, Pima County, Arizona as follows: (1) T.C. Sec. 16-13(a) AC- CUMULATION OF VEGETATION; (2) T.C. Sec. 16-13(b) ACCUMULATION OF REFUSE; Violations: Accumulation of grass, weeds and refuse on property, as well as in the alley. Tree cuttings found in front yard. Action: Remove and property dispose of all vegetation, refuse and tree cuttings from property and alley within 30 days. T.C. Sec. 16-61 ABATEMENT BY THE CITY Pursuant to T.C. §16-61 If the code official observes a violation of sections 16-13(a), (b), (c), (d), (e) or 16-33 and serves a written notice of violation pursuant to section 16-45 and the violation has not been completely abated within thirty (30) days, then the violation is presumed to constitute a health or fire hazard. The code official may then go upon the property and abate the violation at the expense of the owner or Fesponsible parry. Any and all costs arising from the city's action to abate the violation shall be a lien filed against the real property that is the subject of the violation. (T.C. refers to Tucson City Code.) Contact Inspector Richard Vidal of Planning and Develop- ment Services Department, Code Enforcement Division at (520) 837-5024 to acknowledge receipt of this Notice of Violation and for further information. PUBLISH: The Daily Territorial May 30, June 6, 13, 20, 2014 Sales Notices NOTICE OF SALE IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA CHARLES FREE, AN UNMARRIED MAN -vs- MICHAEL DUNPHY AND JUDITHA DUNPHY AKA JUDITHA M. DUNPHANY HUSBAND AND WIFE ET AL COURT CASE NO. C20135842 CIVIL INDEX NO.14-001397 NOTICE OF SALE ON REAL PROPERTY NOTICE IS GIVEN that in obedience to the WRIT OF SPECIAL EXECU- TION issued by this Court and in the above cause, which Writ and Judgment described therein, by reference, are incorporated herein, commands me to sell, and I will sell, subject to the right of redemption in such case made and provided by statute, at public auction, all of the right, title, interest, claim and lien which the parties named is said Judgment had or have in and to the real property hereinafter described, and from the proceeds of said sale, to satisfy said Judgment in favor of the judgment credi- tor therein named, in the total judgment sum of $78,261.DO, plus accrued and accruing interest and costs, since the date of entry of said Judgment. The sale will be held at the East front door of the Pima County Superior Court Building, also sometimes known as the main entrance of said Court House, 110 West Congress, Tucson Arizona, on the 8th day of July 2014 at 10:01 AM, to sell the following described real property to the highest bidder: LOT 13, BLOCK 21, OF WESTERN HILLS ADDITION NO.2, A SUBDIVI- SION OF PIMA COUNTY, ARIZONA, ON color I i 040 jar n w._ GOLD GOLDER RANCH FIRE DISTRICT E r i Fire and Life Safety Division 'ANG� International Fire Code Compliance Review TO: Town of Oro Valley Building Safety Division FROM: William Loesche, Fire Marshal DATE: 06-06-14 PROJECT: Tucson Koi and Water Gardens, Oracle Rd., OV TOV PERMIT #: OV814-001 REVIEW: Fire Code Compliance Review of Building Permit Application Documents First Review Received on: 05-23-14 Review Status: Approved as noted Occ. Type., 1,Const. Typej,Area S.F',;, ,_ 'Stories Height Occ. Load` 'Sprinkler Fire Alarm Fire Flow Submittal Represents Conditional Use Permit Deferred Submittals Water Plan Status Current Fire Flow Status Current Fire Apparatus Access Status IFC Standard 901 Acknowled ment '" Does Fire Approve of Permit Issuance? Yes The Building Permit Application of the above referenced project is in review for compliance with the Town of Oro Valley and Golder Ranch Fire District Fire Code and Standards. n I — GRFD/TOV IFC Standard 901: 1.1 An applicant written response and acknowledgment to each of the items within GRFD Fire Code Standard 901 shall be provided with the Building Permit Application. The applicant completing the form shall be the owner of the property or the owner's authorized representative. The applicant's written response and acknowledgment to each item may be directly on the form or may be provided separately with references to each numbered item 1.1 through 1.17. Section II — Building Permit Application Fire Code Review Comments: All corrections must be made to the permit application documents and new complete revised sets shall be resubmitted. All changes shall be highlighted by using clouds and deltas, noting the revision date in the title block. A written, narrative response shall be provided to each fire code compliance issue noted below. 2.1 IFC Sec. 903.2: An automatic fire sprinkler system is required in the nursery showroom. A plan submittal is required for this installation. Provide documentation for the fire sprinkler system for review. 2.2 IFC Sec. C102.1: An approved fire hydrant shall be installed at the intersection of the main driveway entrance and Oracle Road. Provide an approved fire hydrant capable of supplying the required fire flow of 1500GPM. Plans shall be submitted for review prior to construction for this installation. No combustibles are allowed to be brought on site until such time that the water supply is made available. 2.3 IFC Sec. 105.4: Construction documents shall be provided for the buildings and the site prior to any construction. Provide proper documentation for review. The documents submitted for permit review are in compliance with the fire code. Approved. Approval of plans and specifications shall not be construed to be a permit for, or approval of, any violation of any provisions of the Fire Code and shall not be deemed to nullify any provisions of local, state, or federal law, regulation, or code. Golder Ranch Fire District, Fire and Life Safety Division, 3885 E. Golder Ranch Dr., Tucson, Arizona 85739 Office: 520-818-1017 Fax: 520-825-5987 www.erfdaz.gov wloesche crrfdaz.gov Proudly Serving Our Community with Strong Hands & Caring Hearts Since 1977. Serving as the Fire Marshal for the Town of Oro Valley since 1999. In compliance with adopted fire code section IFC 105.4.7, once the plan sheets have been approved for construction permit issuance, a copy of the plan sheets shall be provided in a PDF format on a CD -Rom disk. If the project has any revisions or changes during construction, an updated copy shall be provided prior to project completion. "IFC 105.4.7 Electronic construction documents. A full set of approved construction documents, including any as -built construction documents, shall be provided as an electronic file. The electronic file shall be a Portable Document Format (PDF) and stored on a CD-ROM disk. Electronic construction documents shall be submitted prior to Certificate of Occupancy issuance. " Section III — IVR Inspections Oro Valley Building Safety Division, please add the following fire inspection codes to the IVR System. IVR Fire Code Inspections X 09026 C of O FIRE APPROVAL (Call 825-5959) X 05290 FIRE CODE GENERAL (CALL 825-5959) X 05090 FIRE SPKLR SYSTEM (CALL 825-5959) Please email or call me with any questions related to any of the above Fire Code comments. William Loesche Fire Marshal Golder Ranch Fire District & Town of Oro Valley (520) 818-1017 wloesche(�Dg rfdaz.gov OQOJN.IEV gq�rD2 •�D�/NDED j9, NAME: Conditional Use Permit Planning and Zoning Commission Staff Report CASE NUMBER: MEETING DATE: AGENDA ITEM: STAFF CONTACT: Tucson Koi & Water Gardens OV814-001 July 1, 2014 3 Michael Spaeth, Senior Planner mspaeth(aD-orovalleyaz.gov (520) 229-4812 Applicant: The WLB Group Inc., Paul Oland Request: Conditional Use Permit to allow a Plant Nursery in Neighborhood Commercial (C-N) Zoning District Location: East side of Oracle Road approximately'/ mile south of Magee Road. Recommendation: Approve with the conditions listed in Attachment 1. SUMMARY: The applicant requests a Conditional Use Permit (CUP) to operate a Plant Nursery on two parcels on the east side of Oracle Road approximately, Y mile south of Magee Road. The subject property encompasses approximately 2.8 acres and is currently vacant. 3 The proposed Plant Nursery requires a CUP in a Neighborhood Commercial (C-N) Zoning District. The proposed use consists of a 1,800 sq. ft. nursery showroom, outdoor display gardens with walking paths and shaded seating. The regular business operations of the proposed use include the storage and sales of native plants and the design, sale and construction of custom koi ponds. The proposal is consistent with the Conditional Use Permit Review Criteria, subject to the conditions listed in Attachment 1. The applicant's proposal is included as Attachment 2. BACKGROUND/DETAILED INFORMATION: The Existing Land Use, General Plan and Zoning for the property and the surrounding area is summarized below and depicted in Attachments 3 and 4. OV 814-001 Tucson Koi and Water Gardens Planning and Zoning Commission Staff Report Page 3 of 6 That the granting of such conditional use permit will not be materially detrimental to public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following: Damage or nuisance arising from noise, odor, dust, vibration or illumination, - The proposed nursery operations will not include activities producing odor or dust. The everyday operations may contribute minimally to existing noise or vibration, in the form of loading and trash truck travel. The required refuse enclosure and loading zone will be located approximately 125' and 145', respectively, from the neighboring residential property line. The proposed use will be required to comply with the Town of Oro Valley Outdoor Lighting standards and regulations. The proposed use meets this criteria. Hazard to persons and property from possible explosion, contamination, fire or flood, The proposed use will store small amounts of fertilizer onsite, stored in appropriate containments. The business will require a review and approval from Mountain Vista Fire Department. The project will incorporate drainage infrastructure to convey stormwater through the site, maintaining pre -development run-off levels through the use of detention basins. • The proposed use meets this criteria. Hazard occasioned by unusual volume or character of traffic. The Traffic Impact Analysis for the site has been reviewed by the Town's engineers, who do not anticipate traffic to be an issue. With a single access point from Oracle Road, this type of land use is not anticipated to generate unusual volumes or character of traffic. Loading and trash truck traffic may have difficulty navigating the restricted parking areas and a condition has been added in Attachment 1 to address this issue. That the characteristics of the use proposed in such use permit are reasonably compatible with types of uses permitted in the surrounding area. The proposed Plant Nursery will serve as an appropriate land use transition between the less intensive residential uses to the east and the more intensive commercial uses to the north and west. The limited building footprint proposed for the nursery reduces the impact on surrounding areas. The nursery showroom is located on the western portion of the site, away from the existing residential. The less intensive greenhouses are located nearer to the adjacent residential. All structures located within eighty-five (85') feet of adjacent residential are limited to a maximum building height of eighteen (18') feet. The building height restriction further ensures the development will at a residential scale and compatible with the adjoining residential use. OV 814-001 Tucson Koi and Water Gardens Planning and Zoning Commission Staff Report Page 5 of 6 this development carries a high volume of average daily traffic. The anticipated volume of traffic generated by this development is minute compared to the volume of traffic on Oracle Road and will not have a noticeable impact on the surrounding roadway network. Trash collection and delivery vehicles may have difficulty maneuvering through the parking lot as proposed. A condition has been added in Attachment 1 to address this issue. PUBLIC PARTICIPATION: Summary of Public Notice Notice to the public was provided consistent with Town -adopted noticing procedures, which includes the following: • Letter to all property owners within 600 feet • Posting at Town Hall • All registered HOAs Neighborhood Meetings A neighborhood meeting was held on December 18, 2013 with approximately 3 residents and interested parties in attendance. Notable discussion topics included neighborhood buffers, traffic, building height, hours of operation and potential nuisances. A copy of the neighborhood meeting summary has been included as Attachment 5. Staff has received one (1) email in support of the project which has been included as Attachment 6. RECOMMENDATION: Based on the following findings: The proposed use will not be materially detrimental to the public health, safety or welfare and is consistent with the Conditional Use Permit Review Criteria. The proposed use will serve as an appropriate land use buffer between the more intensive uses to the north and west, and the less intensive uses to the south and east. It is recommended that the Planning and Zoning Commission take the following action: Recommend approval to the Town Council of the requested Conditional Use Permit OV814-001, subject to the conditions on Attachment 1. Attachment 1 Conditions of Approval Tucson Koi and Water Gardens Conditional Use Permit OV814-001 July 1, 2014, Planning and Zoning Commission Engineering 1. Show that sufficient room is provided for delivery vehicle and trash collection vehicle maneuverability within the revised parking layout. Specifically, demonstrate that the vehicles can turn around and will not be required to back out of the parking lot to Oracle Road.