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OV81403
NOTICE OF PUBLIC HEARING TOWN COUNCIL The Town Council invites the community to attend a public hearing on Wednesday, February 4, 2015, 6 p.m. Oro Valley Town Council Chambers, 11000 N. La Canada Drive Oro Valley, Arizona Public Hearing: Conditional Use Permit for proposed Automotive Service Use, located on the north side of Pusch View Lane, approximately Y4-mile west of Oracle Road. The request is for a proposed automotive collision repair facility in the vacant car wash facility on Mercado del Rio Lot 11, OV814-003. 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 www.orovalleyaz.aov. For questions and additional information, please contact Michael Spaeth, Senior Planner, at (520) 229-4812 or mspaethCaD-orovalleyaz.gov. th t p�, T FIRST-CLASS MAIL -3 19Vd 9 A r 1 G a, 10 $00.342 I IN ZIP 85737 EBE2 041L11244008 -'—WTCE OF PUBLIC HEARING SIERRA SOL CUSTOM BUILDING & DEVELOPMENT LLC PO BOX 68109 ORO VALLEY AZ 857378109 Delivered as Addressed or Current Resident i-i 14 J14.1X Town of Oro VaFIRST-CLASS MAIL. RQ— neopost Dev. Infrastruct4rts 0 11111512 n. 15 11000 N La Can#*k7, $00.342 Oro Valley AZ 85737 kgi ZIP 85737 �§= 041 Ll 1244008 NOTICE OF PUBLIC HEARING Rossmar & Graham Management c/o Catalina Shadows, Inc. Catalina Shadows HOA 2120 W. Ina Road Suite 103B TucsonA-Z 85741 N, : x I F 356 SE 1609 6681./18/15 Delivered a R-ETUFN TO SE14DER \1 A C ANIT .1 UNABLE TO FORWARD BC: ZS7377815-S9 *2214-813ZES-15-41 iiiii.41'...;.l.,...4-.!Ti;gl�-��;.I���=i4ii.itt,izii�-�ill�l,,���-g."4 i ---------------- ------ Town of Oro Valley neQposc` Dev. Infrastructure Services 0;; if5;2c15 11000 N La Canada • • Oro Valley AZ 85737 NOTICE OF PUBLIC HEARING Cadden Community Management Monterra Knolls 1870 W. Prince Rd #47 Tucson -AZ 85705 Delivered as Addressed or Current Resident FRIST-CLASS MAIL $00.342 ZIP 85737 0411-11244008 Town of Oro iWlbj�', ; FIRST-CLASS MAIL Dev. Infrastru�"t i6'Nipostft, ces "' 1: nQ/15,12 11000 N La Canaft . �' �, Oro Valley AZ 85737©Q. �4- o ��... ZIP 85737 0411-11244008 NOTICE OF PUBLIC HEARING Rossmar & Graham Management c/o Catalina Shadows, Inc. Catalina Shadows HOA 2120 W. Ina Road Suite 103B TucsonAZ 85741 NIXic 850 5`c 5Z eviia .d�$ i5 Delivered a: RETURN TO 5ENVE_R did'N AS L L-.. TO C'9R 0Y F WAR51� jo Town of Oro Ai neopostO FiRST-CLASS ML Dev. InfrastruclumSd'Kices 01 11 5,1201r- 11000 N La Canada, 11111MISTArk-un $00.342 Oro Valley AZ 85737 ZIP 85737 0411-11244008 NOTICE OF PUBLIC HEARING Rossmar & Graham Management c/o Catalina Shadows, Inc. Catalina Shadows HOA 2120 W. Ina Road Suite 103B TucsonAZ 85741 '11: X! E ase 5E 1009 Delivered C- RETURN T �O V.&,-.A.N T U NA S L E TO F F. 'A' A R D Town of Oro Vajjp FiRST Dev. lnfrastructyr-p-,6.pfvices neopn-st`�-' 11000 N La Canpop-, $00.342 Oro Valley AZ 85737 ZIP 85737 041 Ll 1244008 NOTICE OF PUBLIC HEARING Rossmar & Graham Management c/o Catalina Shadows, Inc. Catalina Shadows 2120 W. Ina Road Suite 103B TucsonAZ 85741 Delivered a., N I xi E 350 3E i6as zaall 3.3/15 RETURNA TA.O14SENDER V C * T UNASILE T�^ F-WZWARD 3 C: Z 5 7 3 7 92.599 Town of Oro Va,ti, y _x neopos�"' cvtogs F;�;;_C�ASS MAiL Dev.Infrastruct 01;15,2c1s 11000 N La Cane;. • ! $00.342 Oro Valley AZ 85737 !; j.. ZIP 85737 041L11244008 NOTICE OF PUBLIC HEARING Oro Valley Townhouses P O Box 42440 TucsonAZ 85733 Delivered & _ .L ^�� SIS O 7 S 108% boa I"12 i; Neir ELIvEWa8LE a�- 11L1D. E s-SED UNABLE T.0RWARD SC: ES737701600 *2E14-613t4 11 il11ii !;1:y.Iy.: 1.-9...i�ti�§i-i5#!.E ;1_�1i.�3.�f,�.i-v-s�'ia5, ii� I II'i111 1 1 11 d 1 1 I1 1 1 4i 1 11i1.11� �' Town of Oro,V;tlieyt•._, neoposr,'" FIRST-CLASS MAIL Dev. Infrastrufp etices 01 /15;2015 11000 N La C;m;ioal., • • $ 0 0.34 Oro Valley AZ 85737 ZIP 85737 0411_11244008 NOTICE OF PUBLIC HEARING Platinum Management Inc Wildridge at Rancho De Oro West P.O. Box 17539 TucsonAZ 85731 NIXIE 850 i E 1009 0001072s 15 Delivered a R E O Rf TO S E,N : z R NOT DE6I.VERABlE AS .ADDRESSED UNABLE TO PORWARD 8C: 95737701600 *18i4-€0849-13-41 $ {{ii ili 4 !ff9 ?! yy 9. jj 14 91 77 4 l.4, Town of Oro Valley�;'- neopost FiPST-CLASS MAIL bev. Infrastructift9s&W66s n1 W J512015 11000 N La Canadai. $00.340 Oro Valley AZ 85737 ZIP 85737 0411-11244008 NOTICE OF PUBLIC HEARING Platinum Management Inc Wildridge P. O. Box 17539 TucsonAZ 85731 NIXIE 850 7E 1009 000i./zzj15 Delivered al 1, 1 NOT DF 1VER.A3L,E AS ADDRESSED 'UNAS)-E. TO Q R A R_D r � o Town of Oro alien neoposvo" FIRST -,--LASS MA Dev. infrastrUdb4Sei ces 01111512015 11000 N La Cainaft. 110:19$00-342 Oro Valley AZ 85737 ZIP 85737 0411-11244008 NOTICE OF PUBLIC HEARING Platinum Management Inc Moonridge Oro Valley HOA P.O. Box 17539 TucsonAZ 85731 NIXIE 850 7E 1009 Seel 3.5 Delivered a NOT DELIA/E R -ABLE AS ADDRESSED U "NAB' E TO %.. r- OR, WARD SC, 857377015S9 *1814-00919-15-41 Town of Oro Valtd "" Dev. Infrastructlir Mkes 0eo n 11000 N La Cafibdil ' a , 5 Oro Valley AZ 85737 NOTICE OF PUBLIC HEARING Delivered a k p .- moj, f Self Sunridge Estates P O Box 68287 Oro ValleyAZ 85737 ZIP 85737 0411-11244008 NIXIE 350 7E 1009 0001/ZB/15 RETURN TO SENDER i n T T E M P T E D ,,, Ri P T k —r,� W 1d R5757{{7015913 tt 1g�7jgg51!�-Gf}t�71�9-iSgg-41 111111fl,fll}��{���111111114 o4'``Y a:,,�� TOWN OF ORO VALLEY DEVELOPMENT & INFRASTRUCTURE SERVICES DEPARMEMT',I?T!", 11000 N. LA CANADA DRIVE, ORO VALLEY, `:85�37 PHONE: (520) 229-4800 FAX: (520) 742 022 ,. www.orovalleyaz.gov/dis t NOV 2 6 2014 1.2 GENERAL APPLICATION FORM=••••.eftemeorly OV Case #: Application ❑ Type: Major General Plan Amendment ❑ Final Plat ❑ Rezoning/PAD Amendment ❑ Pre -Application ❑ Planned Area Development ❑ Zoning Verification Z Conditional Use Permit ❑ Sign Criteria ❑ Zoning Code Amendment ❑ Sign - PAD Exemption ❑ Conceptual Site Plan ❑ Master Sign Program ❑ Conceptual Public Art ❑ Communication Facility - Tier I and 2 Minor ❑ Conceptual Architecture ❑ Communication Facility - Major ❑ Final Site Plan ❑ Revised Development Plan ❑ Conceptual Landscape Plan ;q Other Change of Use Address: 625 East Vuelta Camanita del Rio Parcel/Tax Code: APN 224-28-2630 Subdivision / Commercial Center Name: Nl mdkmo as(— E ( Q Book / Page or Sequence Number: �2�^ - 7,� -,? 1¢3 A Lot Number(s) 11 Legal Description: lot 11, Mercado del Rio, Portion of Section 12 T12S R13E, G&SRM Pima County Section/Township/Range: Ar a of Property: 1. 22 7,, AC . Existing Land Use: C7— C/A(g wzcSH Proposed Land Use: 2 7Z Q �f� K" AiRs Applicant Information: C MAMf CONTACT; M WC{ C,14F-P If more than one, attach list Applicant *: 7 '14 rr cT/ � $CLOA Name: Mike Stults, Project ManagerFirm: Cross Development Address: 5317 lnverrary Drive city: Plano state: TX zip: 75093 Telephone: 515- 91 694,2 Fax: 214-556-1110 Email: mokeacrossdevelopment,net Property Owner(s) if different from Applicant *: Name: Steve Rumsey Firm: Cross Development Oro Valley CC LLC Address: 5317 Inverrary Drive city: Plano State: TX zip: 75093 Telephone: Fax: Email: 214-614-8252 214-556-1110 steve@crossdevelopment.net Consultant: �'C�(-{ (TECT(Discipline) Name: M (. Iy[:1 C F1 E(I Firm: C JzI Ert�. Al dZ (7_c-9fS Address: 0, �q IV. ALMA '52L- ET% city: C'(�7` rJVLER State:,AZZip: �SZz Telephoned, --Z-(2Oo Fax: Email: nA'i Y%5(-a 0he,A arc k ' tec-ts cem 6 Proiect Description/Narrative: Acquisition of vacant/existing two (2) story 8,345 sf full service car wash facility with 3,550 sf of canopies (two count) on a 1.27. Facility to be converted into an automotive body repair tech. facility, Car wash equipment to be removed, interior space to be remodeled. hereby certify that I have read and examined this application and know the same to be true and correct. I am the owner of the property or the Owner's authorized representative, and if not the owner, I have obtained the owner's permission to perform stated work. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The approval of this application does not presume to give authority to violate or cancel the provisions of any other federal, state or local law for which this project may be subject to. Notice: It is the applicant/owner's responsibility to ensure all private rules and regulations (such as Covenants, Conditions & Restrictions (CC&R's)) of the subdivision and/or commercial center are adhered to. Contact your Home Owners Association or property management to determine applicable requirements. It is also the applicant's responsibility to coordinate with all outside agencies to secure their acceptance or clearance. Failure to do so may delay issuance of permits. See attached list of agencies. Mire Si`&s Mike Stults 10/23/14 Applicant's Signature Print Name Date Important Note: All submittals received after 4:00 p.m. will be processed the next day Submittals will be rejected if: • Not folded using Pima County fold & collated; • There are missing items on the checklist unless otherwise approved by Planning Division Manager or Town Engineer. • Re -submittals cannot be accepted without a transmittal and a written narrative summary describing the purpose of submittal. 7 BACK6RD,F0 INTERNATIONAL ACCE551BLE STM901. - PAIN YELLOW SYN®OL MAY I D15FLAYED HITiHOUT BLT BACK6ROLAV REEF TO 547E PLAN AND CIVIL DRAWN& FOR RN , WALK A10 6RADIN6 INFORMATION T % I W 2' HELLO 1 STRIPES AT 12' OZ. AT LOADING ) VAN SPACE ACCE5518LE R017fE LOCAT 51DE B'C PARKNB T=VLE ®ACCESSIBILITY PARKING SYMBOL ® ACCESSIBLE PARKING DIMENS ACC/ACADDTLS\COM\02\ACCPESYM N.TS. CUM\ACC)ACSSPRHG2.,,, ,,,, NOTES: aM w TNe •.ea �M.n � x• Mx ES-B-V E n :.m�wa Ano+c .N ,swu / T,e vwN PARKING 4 L-;a i roraiGT'To !. INIH4MTYIMAL s+rs0. ar Y• w,. rpn wTI, Il�'vnoasc mcas e. TMe v.A .uec,�nt l,c+y.•.L If I4s_6,T21 calOS M,o M���:ry�A?�p W BOTH Y�C Ib YCTN IVM - qrf Rai 1. y LTG PEW e+c<e�inoH^mvi My ®HANDICAP PARKING SIGN ACA 0 1/4' RED BORDER LINE NOT"v I. FIRE LAN€ S16N SHALL 3E INSTALLED AS REGUiRED BY FIRE PREVENTION -WHITE R© 6• 2. S16N5 SHALL BE 12'a ID'a 065- Cr� THEY SHALL IR.FLEG HAVE A ORIZED SLIRFACE USING 500TCHLITE 3/B MATERIAL OR EQUAL. ' VIAI 3, THEY" SHALL BE MOLIN"- d1 011 5TURDY METAL P05T5 — THE BOTTOM OF TNP SlE NO LESS THAN 1'-0' ABODE 6,cA,pE THE SIFN 5HAL_ READ AS FOLLOrS / ACCE 5/ 5. 51SN15 5HALL 5E F 41PED BY AND MAINTAINED 5' '�TM "" TOW-AWA 6. ALL III 5/D' LETTERS Q. c BE COLOR RED NOTE, IF 7(' < 45' THEN THE SLOPE OF THE FLARED SIDE SHALL NOT EXCEED 1.12 SLOPE OF RAMP NOT TO EXCEED I.O PAVEMENT 4' CONCRETE ON 4' AB.C. A6GRE&ATE FINISH (COLORED) 3/4' R. FASFD FD&E 2' CONCRETE ON 4' M.B,C - AC-,GREGATE FINISH (COLORED) VARIES - REFER TO GNIL DRA•IING57 DCONC. WALK TO CONC. WALK CWLRCWLY Y• 1'-0• SM LANDSCAPE. 5/4' RAONS ED6E(TTPJ 6' HIGH CAST IN RAGE CONCRETE CURB PHALT SEE SITE CLAN SLOPE OF RAMP NOT TO EXCEED I, R A5 -_— -- REFER TO CIVIL _ -- DRA4WG5 FOR THICKNESS &EHERAL NOTES. ED ORAMP' MAY BE I15FD YfERE PEDESTRIADOESrRAFF1c DO ADOES `�, \�. • •�• FLOW ACROSS THE RAM's FLO" ` B. MAXIM H C.OIMIERSLJPE OF 5URFACE5 AD.WCBR TO THE CURB RAMP / SHALL NOT EXCEED 1,20 !` L. CLR3 RAID SHALL HAVE A DETE-OTABLE NARNINS PER ADAAG 4.1.1 D. RN•P SHALL CONSIST OF RAI TRUNCATED DOMES WTH A PIA. OF NOMINAL A IN (23 m J, A HT. OF NOMINAL .2 IL 15 " AND A CENTER TO GETTER 5PACIN6 OF NOMINAL 225 IN (60 Mq OG. AND SHALL CONTRAST V5UALLY HITH AD.YXNIN6 4RFACE5, ER EITHLIGHT ON DARK K OR DARON UiSHT - PER ADOAA6 4392 ) ACCESSIBLECURB RAMP DETAIL l o POURED IN PLACE CONCRETE CURB / ACC/ACADDTLS\COM\ACC\ACCYAM]'3 ACADDTLS\COM\02\CABTCIJD2 ASPHALT PER SITE PLAN 4' CONC. ON 4' ABC. -- COMPAGT73)RDUGN 6RADE 05 0ONTIN1Gt5 FIRE LAM' S,& DEIA'L A� L'� /I� FIEA FIRE LANE SIGN CONCRETE TO ASPHALT DETAIL COM/e2/FSGN_T01+ N.T.S.-(Y) COM\02\C-ASPll-F SCALE: I• • 1'-0• • NOTE" THIS T DETAIL = MAX. HEISHT - SHALL COMPLY TO ALL `L ANDI(,AP PAQBIM:4 .L 5 -0' A v. AOL. FAVEMF.N' i'--"--� AMO FIF�L SIGNS M/ v$ Sn aq COAT, IN MIN. D• DEEf 15i6N HEIGHT$ MAT VART 15 FIORT FFOVIUE DpFt© 1544 Pp DOMED SOLIC &RANTED BOLO B'<. U REFER iG S6N DETA L CUR vtxmILANONr MORTAR GAP. HOR12. JOINT RENF. AT `` STEEL. w HNL / P1_ - OR 2r' 64'/ 5TL PIPE �T... FY{'T DXDAN. CaI1:T5 F MASONRY UNITS IF N ALL HAS ST1.,LCC' F,NISH. BX4x16 ARLHITECTLRA: MAX. IS' OG. VERT, I 5AM® 511X.G0 FINISH ZI c.I P crr+c ir: Foon� BLOCK IS EXPGSED.— _ 04 1.' OI EL TO MATCI _ I 7 i - _ /. t.1'rt - a4 E.EbOIAT MAX. Ab' OG &ROUTED CELLS. RESAR SPA6IN6 NO LAP MN 25' Hl iREEAR FINISH &FADE Q� t�l•' V • I • SOLID 6^O11 ALL CELLS BELOW FINISH GRADE. • �— a4 CANT. - IB' BaOH ! 4. 0A MIt 12' DA FLEA%. J •�• UTAI�iT11RBED 6RAD'c ®SIGN POST REQUIREMENTS • GDP. CONCRETE FOOTING ® PERIMETEP FENCE WALL DETAIL CQM\02\51GN_PST N.T.S.c0M•rozcMrFErIBB 3/4'- 110• �PYRO TECH DESIGN, LLC B O YE S 3016 - W. CIIlWPAT11411aDdve P60eaij4/Z 95096 ENGINEERING LLC (6M)597.9349 FAX(623) 5876442 CONSULTING ENGINEERS 6MAII:*ls1lA�msea 10431 G Lla Kathe ha D,. Scottldaa9. A2. 85259 Z) 660-9046 FAX(4BO)451-1483 ANC-CBOYESENC2 O AOL . COM PROJECT: 1 CAR WASH BLDG. AT LOT I 1 MERCADO DEL 1 RIO � ORO VALLEY ARMONA +M,�•. asp DATE: 10/12/05 A.H,J,T GOLDER RANCH FIRE DISTRICT FIRE SPRINKLER DESIGN CRITIRIA - 1. PROVIDE HYDRAULICALLY CALCULATED DESIGN FOR FIRE SPRINKLER SYSIEM ' TO FULLY COVER THE ENTIRE BUILDING. THE SYSTEM SHALL BE DESIGNED FOR ORD. GROUP 2 HAZARD CLASSIFlCATION PER NFPA 13. 2002 ed. AND / I.F.C., 2003 ed. 2. FLOW DATA: FLOW (GPM): 2320 RESIDUAL PRESSURE (PSI): 6. STATIC PRESSURE (M); 54 DATE OF TEST: e/30/05 TESTED By, VUrLD . HYDRANT LOCATION: TF6 NA'A DEL RVl1DCL` 3. DESIGN DATA: AR A OF OPERATION 1,5DO SO. M BUILDING AREA: 6.345 SO. FT. DESIGN DENS Y (V'M/SF) .20 -AUTO REPAIR/MERCANTIE a 4. INSURANCE CARRIER N/A 5. DESIGN NOTES: 1. THE HA2ARO CLASSM11CAlIONS ARE DETERIONED BY NFFA 13 AND MUST BE VERIFIED WITH THE ARCHITECT/INNER AND FIRE DEPARTMENT - 2. FLOW DATA CAN BE OOTAINED FR. LOCAL FIRE DEPARNFN7 OR LOCAL WATER COMPNY. FLOW TEST SHOULD BE UPDATED PRIOR TO DESIGN OF SHOP DRAWINGS. BUILDING AREA FREAKDONTT: TOTAL AREA OF BUILDING S,34S SO. FT. AI E L A A: 2.231 SO. WA-4( TUNNEL: IX67 SO. FT., DETAIL AREA: 1.832 S0. FT., EQUIPMENT AREA 780 SO. FT.. OFFICE AREA: 1.635 SO. FT.. SCALE: 1'= 20'-0' ff- 0 1�r 7A_ NOTE, AT ALL EXTERIOR EXIT DOOR - INTERJOR 4 EXTERIOR LANDIN65 APPLICABLE DOOR DO NO7 FiCC.® I!2' DIFFERENCE, W TH SWEEP SEALANT - CONT. INCALDIN6 TFE TNRESiNHOLD, PER 18L. 2003 SEC. IOOa 42' MIH. 12' MAX. DOOR FRAME BEYOND S/a' GYP. BOARD 36' K. PAINTED. FpLLpy METAL DOOR 56' MIN. b' MAX CONY,. SLAB / 51VEINALK / FRM'E LANDINS FLIbH WITH A"E551BLE ONE-PIECE ]X TRIMMER FPLSH FLOOR THRESHOLD • TO PARKINS n 1,12 MAX BEVELED AREA SHALL NAVE A SLOPE NOT Z in GREATER TWJH 1.12 C HALL BEYOND la' CONCRETE SLAB (TCPJ SIDE HALL OF REAR HALL OF STANDARD STALL STANDARD STALL 1. FLUSH CONTROL VALVE HANDLE SHALL BE ON THE RIDE 5IDE AND MAX 44- ABOVE FLOOR 2 WOW STLDS APPLICABLE 2 PAPER DISPENSERS SHALL ALLOW CONTIN.IOLr, FLOM AMP MOUNTED \ • • • DOOR PER F16E 24Co) ADA • I6' OL. 3. URCONT. SEALANT 6RAB BARS SHALL BE 1 1/4' TO 1 1/2' PIA BE AND SPACED 1 1/2' BETE -DEN RAIL AND YLVl 4 BAR STRENGTH SHALL COMPLY WITH SUBSECTION 4.263. AND SHALL I yr EXPANSION ,DINT MATERIAL 5ENANT - LOIiT. NOT ROTATE N THEIR FITTIN65 TOILET STALL REQUIREMENTS � EXTERIOR THRESHOLD © WD DOOR W/ MTL JAMB DETAIL ST ACC/BCND3B 3/9'- I'-0' ACADDTLS\COM\00\THYSD—EX —I.. xi.ACADDTLS\C0M\08\DJB—STL 3' - 14V NCTE, LAYS, TO NAVE SELF METERING LAV FAUCETS AS REGUIRED BY THE STATE OF ARIZONA. LOW FLOW MIRROR—� FIXTURE ORDIANCE FOR PUBLIC LAYS. (O5 SAL PER CYCLE MAX FOR PLL PJBLIC LAYS. Yl/ 10 SECON HIN. CYCLE FOR I.DA LAVS) AZDA 4.149 x fI MIN. 2 = fSfp i CLEAR 2 M n FLOOR �• i v F ( SPACE 'O b'MN ILI b'MAX 1 ----- K EE TOE 6' CLEARAI�L'EI T MIN. CLFARANC.E DEPT}I 45' MIH. NOTE, HATCHED AREA INDICATES DIMETSIONAL CLEARANCE OF OPTIONAL LUDERLAVATORY ENCLOSURE FAIKETS SHALL 8E LEVER OR PYH TYTc. SELF-GL051N6 FNILETS 5FW-L RpL41N ON :-OR AT LEAST 10 SECONDS LAVATORY CLEARANCE CLEAR FLOG. SPACE IN5(IATE HOT WATER AND WANE D� LINES UNDER LAVATORY 2 LAVATORY CLEARANCES ACC/SCSTND2 3/8- 1'-0' OTE51 5ION SHALL BE INSTALLED ON THE WALL ADJACENT TO THE LATCH SIDE OF THE DOOR WERE THERE IS NO HALL SPACE TO THE LATCH SIDE OF IN THE DOOR C. AT PWE B.LEAF DOORS. 51605 SHALL BE PLACED ON THE 1EAP.EST ADJACENT WALL. SI6NA&E PER NEC. 1110 ICC / AN51 A111.1 / ADA 430 RASEDSATON 5R6H5 ARE RAISED SANS 55TIF 5 A SIMPLE SERIF AND ALSO HAVE 69ATJE 2 BRAILLE. PILTORIM_ 5YNg3pL 516N5 ARE )I': LEAST 6- HIGH, WITH PICTOCRANS PROPORTIONED PER PWJPP 43 AND INCLUDE VERBAL rE5X PTION. 516N SMALL HAVE A NON- 6LARE FINISH /,ND CHARACTERS L CONTRAST WITH THE BAC.4GRCLI D. U _ REWRED ACCE55IBILITY SIGN SHALL LFE INTERNATIONAL Sn BO PER 43O.T F16URE 43(a1 AND (W ACCESSIBILITY SIGN COM/ACC/IBC/DRAGN 1/2'' r-0' DRYW4LL COR1652 BEAD S/E' GYP. TLO FU O/ 2' STULATIOA YSTEMS METAL -I -CLIP 1 INSULATION SYSTEM R+OVIVE SEAL -ANT -CANT. ALUMIN rM F INDON FiAHE 1/4' ELEVATIONS FO R r0 ELEVATIONS FOR / LOCATIOrY OF TEMPERED 6L.l55. 1 � PROVIDE SEALANT - CAM b' MASONRY WALL - REFER TO ELEVATIONS FOR TYPE OF ML K ALUMINUM WINDOW TO CMU WALL 08lCMUSM31LwD 3' - r-0• a ps'p"W" FT;GtcT FT.nnR PT.AN AW 1-7 .,a EITU"410 SYSTEM I-v SAND FINISH AY TILE$ ? c E?FA13 CLAY TILES erllLLe 5YsTE" FIN15H MOLDING .0. 4 T ALLM" STOREFRONT- �OR / WINDOW SYSTEM Qj ' ALLM" KINIOI� SOUTH NORTH E NORTH! -SOUTH FINISHING CANOPY ELEVATIONS T NORTH SOUTH VACUUM CANOPY ELEVATIONS ITI-1411-01'41-- EAST/ WEST EAST I WEST EAST 2B.1-W Z WEST E CLAYTILE5 - Q CCO SY57EM 5mv FINISH CARWASH BUILDING ELEVATIONS I/&*- P-4' COLOR SCHEDULE O SHERH N WILLIAMS I� SW b57 (FAVORITE TAW 51� IN KLUAM5 5 VA 6125 (C4ZR)APT PAPE .. ...... Q SHERIKIN KLUAI15 SIN 6137 (BURLAP) O51HERKIR KILLIAM5 51H6144 (DAFFER TA&Q -V Q51ER"N KLLIAJV. SW 6146 WEI -'Z Oro Walley Carwash At Mercado Del Rio Lot 11 Oro Valley, Arizona John Reddell Architects, Inc. Arekitecture REFUSE. 6ATE5 TO ITITCHI WALL COLOR TO V. IV23/O5 70-11. SITE WALL ELEVATIONS o Sr 7 01 SCHEMATIC DEMOLITION PLAN 1ST FLOOR SCALE: 1/8" = 1'-0" NOTE: SECOND FLOOR NOT IN CONTRACT. REMOVE ALL EXISTING CAR WASH EQUIPMENT, INCLUDING BELOW GRADE. TOTAL SO. FT. = 6,631 INCL UNDER STAIRS TOTAL SO. FT. = 6,710 NOT INCL. STAIR AREA 73'-4' r-, I L_J I II m i EXIST. TOILETS EXISTING 18' W. x 12" H. SECTIONAL COILING DOOR ----------------------- EXISTING �10'W.x10'H. tO 9 10 F, SECTIONAL COIUNG i DOOR 2 f� I EXISTING �10'W.x10'H. 11 12 SECTIONAL 181•0' x 12'•2' i COILING q DOOR EXISTING �1UW.x10'H. 4m 13 14 i SECTIONAL 4 COILING 19'-7' x 11'-4' M i DOOR 0 0 I NEW 15 16 10'W.x10'H. i 18'-0' x 11'-8' SECTIONAL 5 6 COILING DOOR 4 � N NEW i 10'W.x10'H. 17 18 SECTIONAL i COILING DOOR 7 8 NEW o BREAKROOM AREA v EXISTING 0 12' H. SECTIONAL COILING DOOR SCHEMATIC FLOOR PLAN 1ST FLOOR �2 SCALE: 1/8' = 1'-0" PLAN NORTH U - o J W v (L y U) y ~ -0 CDHNC m -° x=Q (pN O c) co N LU F N n Q) N xoU)zQ0) E Ir Ir Lo 2 aUrn.a.LLa EXISTING STUCCO 0'll -C' T.00ICE n100,_0. ' F� EXISTING SECTIONAL MAIN ENTRY COILING DOOR SOUTH ELEVATION O SCALE: 1/8"=1'-O" h 128'-8' T.O. CORNICE EXISTING CLAY ..^;r[.....,.^uz TILE ROOF 100'�--- 0 _ F.F. EXISTING STUCCO EXISTING ALUMINUM EXISTING SECTIONAL STOREFRONT SYSTEM COILING DOOR — 03 NORTH ELEVATION SCALE: 1/8" = I.-C. 128'-8" T.O. CORNICE EXISTING ^ EXISTING CLAY STUCCO TILE ROOF EXISTING CLAY TILE ROOF 0118'-9" ' T.O- EXISTING ALUMINUM EXISTING ALUMINUM MATCH EXISTING— NEW O.H. DOOR STOREFRONT SYSTEM WINDOWS ARCHEDTRIMMATCH EXISTING DOOR STYLE EAST ELEVATION r� OL SCALE: 1/8"=1'4r NOTE: ALL EXISTING EXTERIOR TO REMAIN UNLESS NOTED OTHERWISE ,V T.O. CORNICE 17-0' F. F. EXISTING SECTIONAL COILING DOOR — DOOR (TYPICAL) WINDOW WITH SPANDRELGLASS WEST ELEVATION �O�' SCALE: 1/8" = 1'-0" EXISTING CLAY TILE ROOF EXISTING METAL RAILING 118'-V — T.O..OCORNICE i 100, - 0* -� 128'-8'4,, TO. 118' - 9' T.O. CORNICE EXISTING STUCCO 100'-0" F.F.I� Lo U o J W .0) U�0 co W F-n m Cc$ 2 = to W co N_ CV LLI I_��iOn00j N ¢°Ng=Q aU- aD_ILm Z Z 00 N J Q 0} U w crJ m Q J > U cr 0 PRO JEC T: CALIBER COLLISION ADRESS ORO VALLEY, ARZONA REVISIONS NO DATE naAUNGS IS%FO FOR PRELIMINARY (NOT FOR CONSTRUCTION) DATE: 1 1 /24/ 14 PR J. NO.: xxxxx SHEET N J\UMBER HE 2.O SCHEMATIC EXTERIOR ELEVATIONS DECEMBER 19, 2014 11 ns 7001 E. 42nd St. Tucson AZ 85730 N/A INCORPORATORS Dorothy P. Wil- ns 7001 E. 42nd St. Tucson AZ 85730 3NATURE By checking the box irked "I accept" below, I acknowledge ter penalty of perjury that this docu- nt together with any attachments is )miffed in compliance with Arizona [x] I ACCEPT/s/ 10/20/14 Date AZ IRPORATION COMMISSION FILED :T 10 2014 FILE NO. 1959626-7 BLISH: The Daily Territorial 17, 18, 19. 2014 TICE publication) TICLES OF ORGANIZATION HAVE EN FILED IN THE OFFICE OF THE IZONA CORPORATION MMISSION FOR ame: KTM ENTERPRISES LLC 369553-1 he address of the known business 1750 E VIA PALOMITA APT 23101, :SON, AZ 85718 -he name and street address of :utory Agent is: KRISTINA LIARD, 3750 E VIA PALOMITA APT 01, TUCSON, AZ 85718 (] Managment of the limited liability ipany is vested in a manager or lagers. The names and addresses ach person who is a manager AND 1 member who owns a twenty :ent or greater interest in the capital rofits of the limited liability company CJ BATTLE, PO BOX 87932, :SON, AZ 85754 [X] Manager. 3TINA GILLIARD, 3750 E VIA DMITA APT 23101, TUCSON, AZ 18 [XI Member. LISH: The Daily Territorial amber 17, 18, 19. 2014 ICE )ublication) ICLES OF ORGANIZATION HAVE N FILED IN THE OFFICE OF THE .ONA CORPORATION COMMIS- 4 FOR me: F.C. MAYNES, LLC L-1946741- e address of the known place of less is: 2837 N. 1 st Avenue Tucson 5719 ie name and street address of the tory Agent is: Gallego Law Firm, 3afael F. Galiego 1200 E. Ajo Way 01Tucson AZ 85713 A. [X] Man- ient of the limited liability company ;ted in a manager or managers. tames and addresses of each In who is a manager AND each )er who owns a twenty percent or �r interest in the capital or profits of nited liability company are: Frank as 2837 N. 1 st Ave. Tucson AZ 1 [x] manager ISH: The Daily Territorial 18, 19, 22, 2014 Hearing Notices ,E OF HEARING E SUPERIOR COURT OF THE OF ARIZONA D FOR THE COUNTY OF PIMA matter of: FEARN, JAIDEN d.o.b. 12 Person(s) under 18 years of No. J198714 DCS'S :E OF PUBLICATION HEARING DTION FOR TERMINATION OF Court, 2225 E. Ajo Way, Tucson, Arizona 85713, before the Honorable Jennifer P. Langford for the purpose of determining whether any parent named herein is contesting the allegations in the Motion. 3. You and your child are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court. 4. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, status conference, or termination adjudi- cation, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Motion. In addition, if you fail to appear without good cause, the hearing may go forward in your absence and may result in termination of your parental rights based upon the record and the evidence presented to the Court. 5. If you are receiving this Notice by pub- lication, you may obtain a copy of the Motion for Termination of Parent -Child Relationship and Notice of Hearing by submitting a written request to: Natalie E. Parkman, Office of the Attorney General, 3939 E. Ajo Way, Tucson, Arizona 85714. The assigned child safety worker is Stacey Stufflebean, and may be reached by telephone at (520) 724-5086. 6. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling (520) 740-2000. 7. You have the right to make a request or motion prior to any hearing that the hearing be closed to the public. DATED this 15th day of December, 2014. THOMAS C. HORNE Attorney General NATALIE E. PARKMAN Assistant Attorney Gen- eral#4260919 PUBLISH: The Daily Territorial Dec. 19, 26, 2014 Jan .2,'9, 2015 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the Matter of: BACON, AHNEYA d.o.b. 11/30/2009 Person(s) under 18 years of age. No. JD 20140855 DCS'S NOTICE OF PUBLICATION HEARING ON DE- PENDENCY PETITION (The Honorable Richard E. Gordon) TO: Lacamisha Mister, Anthony Bacon, and JOHN DOE (a fictitious name), parents of the above -named child. 1. The Department of Child Safety (DCS or the Department) has filed a Depen- dency Petition pursuant to Title 8, of the Arizona Revised Statues, and Rule 48 of the Arizona Rules of Procedure for the Juvenile Court. - 2. The Court has set a Publication Hearing for the 2nd day of March, 2015, at 11:30 a.m., to be held at the Pima Su- perior Court at 2225 E. Ajo Way, Tucson, Arizona 85713, before the Honorable Richard E. Gordon for the purpose of determining whether any parent or guardian named herein is contesting the allegations in the Petition. the hearing may go forward in your absence and may result in an adjudica- tion of dependency, termination of your parental rights, or the establishment of a permanent guardianship based upon the record and the evidence presented to the Court, as well as an order of paternity, custody, or change of custody in a consolidated family law matter and an order for child support if paternity has been established. 4. If you are receiving this Notice. by publication, you may obtain a copy of the Dependency Petition, Notice of Hearing, and Temporary Order by submitting a written request to: JULIE M. LEVIT P GUREN, Office of the Attorney General, 3939 S. Park Avenue, Ste. 180, Tucson, Arizona 85714. The assigned case manager is Mollie Brooks and may be reached by telephone at (520)887-7577. 5. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling (520)740-2000. 6. You have the right to make a request or motion prior to any hearing"that the hearing be closed to the public. DATED this _ day of December, 2014. THOMAS C. HORNE Attorney General JULIE M. LEVITT- GUREN Assistant Attorney General PUBLISH: The Daily Territorial Dec. 19, 26, 2014 Jan. 2, 9, 2015 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the matter of: LOPEZ SMITH, ALEX- ANDRA d.o.b. 11/27/00 LOPEZ-SMITH, SILVIAANA d.o.b. 02/26/02 CHAVEZ, ANTONY d.o.b.03/02/03 WEBB-SMITH, �ALIZIA d.o.b. 08/17/05 HERNANDEZ, JASMINE d.o.b. 10/23/07 HERNANDEZ, DEMICHAEL d.o.b. 11/30/09 Person(s) under 18 years of age. No. JD20140828 DCS'S NOTICE OF PUBLICATION HEARING ON DEPENDENCY PETI- TION (The Honorable Lisa Abrams) TO: Ramon Lopez Rodriguez, Anthony Chavez, Sammy Webb, JOHN DOE (a fictitious name) parents and/or guard- ians of the above -named children. The Department of Child Safety (DCS or the Department), by and through undersigned counsel, has filed a Dependency Petition pursuant to Title 8, of the Arizona Revised Statues, and Rule 48ofthe Rules of Procedure for the Juvenile Court. 1. The Court has set a Publication hear- ing on the 23rd day of February, 2015 at 10:30 a.m. at the Pima County Superior Court, 2225 East Ajo Way, Tucson, Arizona 85713, before Judge Abrams for the purpose of determining whether any parent or guardian named herein is contesting the allegations in the Petition. 2. You and your children are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court. 3. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, settlement conference or dependency adjudication, without 000d ranee shnwn publication, you may obtain a copy of the Dependency Petition, Notice of Hearing, and Temporary Order by submitting a written request to: HELENA SEYMOUR, Office of the Attorney General, 3939_ South Park Avenue, Suite 180, Tucson, Arizona 85714. The assigned case manager is Daniele Metoyer and may be reached by telephone at (520) 741-2512. 5. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling (520) 740-2000. DATED this _ day of December, 2014. THOMAS C. HORNE Attorney General HELENA SEYMOUR Assistant Attorney General PUBLISH: The Daily Territorial Dec. 19, 26, 2014 Jan. 2, 9, 2015 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the matter of: CLELLAND, ATTICUS SCOTT d.o.b. 06/06/13 Person(s) under 18 years of age. No. JD20140629 DCS'S —FIRST AMENDED— NOTICE OF PUBLICATION HEARING ON DE- PENDENCY PETITION (The Honorable K.C. Stanford) TO: JOHN DOE (a fictitious name), father of the above -named child. The Department of Child Safety (DCS or the Department), by and through undersigned counsel, has filed a Dependency Petition pursuant to Title 8, of the Arizona Revised Statues, and Rule 48 of the Rules of Procedure for the Juvenile Court. 1. The Court has set a Publication hearing on the 4th day of March, 2015 at 8:30 a.m. at the Pima County Superior Court; 2225 East Ajo Way, Tucson, Arizona 85713, before Judge Stanford for the purpose of determining whether any parent or guardian named herein is contesting the allegations in the Petition. 2. You and your child are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court. 3. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, settlement conference or dependency adjudication, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Petition. In addition, if you fail to appear, without good cause, the hearing may go forward in your absence and may result in an adjudication of dependency, termination of your parental rights or the establish- ment of a permanent guardianship based upon the record and the evidence presented to the Court, as well as an order of paternity, custody, or change of custody in a consolidated family law matter and an order for child support if paternity has been established. . 4. If you are receiving this Notice by publication; you may obtain a copy of the Dependency Petition, Notice of Hearing, and Temporary Order by submitting a written request to: Heather E. Roun, Of- sistant Attorney General' PUBLISH: The Daily Territorial Dec. 19, 26, 2014 Jan. 2, 9, 2015 NOTICE OF HEARING' IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the matter of: DELGADO, CHAR- LENE d.o.b.06/16/98 Person(s) under 18 years of age. No. JD20140815 DCS'S NOTICE OF PUBLICATION HEARING ON DEPENDENCY PETI- TION (The Honorable Geoffrey Ferlan) TO: FRANCISCO GARCIA, JOHN DOE (a fictitious name), parents of the above - named child. The Department of Child Safety (DCS or the Department), by and through undersigned counsel, has filed a Dependency Petition pursuant to Title 8, of the Arizona Revised Statues, and Rule 48 of the Rules of Procedure for the Juvenile Court. 1. The Court has set a Publication hear- ing on the 51h day of February, 2015 at 8:45 a.m. at the Pima County Superior Court, 2225 East Ajo Way, Tucson, Arizona 85713, before Judge Ferlan for the purpose of determining whether any parent or guardian named herein is contesting the allegations in the Petition. 2. You and your child are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court. 3. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION The Planning and Zoning Commission invites the community to attend a public hearing on - Tuesday, January 6, 2015, 6 p.m. Oro Valley Town Council Chambers,11000 N. La Canada Drive Oro Valley, Arizona Public Hearing: Conditional Use Permit for proposed Automotive Service Center, located on the north side of Pusch View Lane, approximately )/4 mile west of Oracle Road. The request is for a proposed automotive collision repair facility in the vacant car wash facility on Mercado del Rio Lot 11. OV814-003. 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 www.oroval- ky-aZ.gov. For questions and additional information, please contact Michael Spaeth, Senior Planner, at (520) 229-4812 or mspaeth®orovallevaz aov. 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, January 6, 2015, 6 PM Oro Valley Town Hall,11000 N. La Canada Dr. Oro Valley, Arizona Public Hearing: A Zoning Code Text Amendment related to modifying the review process and development standards under the Economic Expansion Zone (EEZ) Overlay District. The proposed Zoning Code Amendment to Section 24.9 would 1) Allow the Planning and Zoning Administrator to administratively approve alternative parking ratios 2) Eliminate the Conceptual Design Review Process and 3) Other potential modifications to increase the ef- fectiveness of EEZ. (OV714-014) The meeting will be held in the Town Council Chambers. The public is encouraged to attend and will be invited to speak. An agenda for this meeting will be made available at least 24 hours prior to the meeting time and can be viewed at y8y orovallevaz aov. For questions and additional information, please contact Rosevelt Arellano, Planner, at (520) 229-4817 or rarellanggorovallevaz aov. TOWN OF ORO VALLEY NOTICE OF PUBLIC HEARING Planning 6 Zoning Commission The Planning & Zoning Commission invites the community to attend a public hearing on Tuesday, January 6, 2015, 6:00 PM Town Council Chambers Oro Valley Town Hall,11000 N. La Canada Dr. Public Hearing: Nakoma Sky senior living campus on a 79.5-acre property, located south- east of the intersection of 1st Avenue and Naran[a Drive. The following requests related to 1hn n.,.,,...1....tt — . — __ ___..__ www.dailyterritorial.com IsJANUARY 16, 2015 11 aived your legal rights and have imitted the allegations in the Petition. addition, if you fail to appear, without )od cause, the hearing may go forward your absence and may result in an ijudication of dependency, termination your parental rights or the establish - ant of a permanent guardianship ased upon the record and the evidence 'esented to the Court, as well as an 'der of paternity, custody, or change custody in a consolidated family law after and an order for child support if aternily has been established. If you are receiving this Notice by publication, you may obtain a copy of the Dependency Petition, Notice of Hearing, and Temporary Order by submitting a written request to: Erin C.B. Lopez, Of- fice of the Attorney General, 3939 South Park Avenue, Suite 180, Tucson, Arizona 85714. The assigned case manager is Brentton Walker and may be reached by telephone at (520) 741-2565. 5. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION The Planning and Zoning Commission invites the community to attend a public hearing on Tuesday, February 3, 2015, 6 p.m. Oro Valley Town Council Chambers, 11000 N. La Canada Drive Oro Valley, Arizona Public Hearing: Proposed rezoning of a 16-acre property from single-family residential R1- 144 to single-family residential 131-7 located near the northwest corner of La Canada Drive and Tangerine Road. The submitted application proposes 37lots and two flexible design options enabled by the Town's Environmentally Sensitive Lands regulations: 1) modified review process and 2) reduced front building setbacks. The application will be heard by the Planning and Zoning Commission. (OV914-006) The public is encouraged to attend and will be invited to speak. An agenda forthis 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 Rosevelt Arellano, Planner, at (520) 229-4812 or rarellano@orovallevaz.gg_v. NOTICE OF PUBLIC HEARING TOWN COUNCIL The Town Council invites the community to attend a public hearing on Wednesday, February 4, 2015, 6 p.m. Oro Valley Town Council Chambers, 11000 N. La Canada Drive Oro Valley, Arizona Public Hearing: Conditional Use Permit for proposed Automotive Service Use, located on the north side of Pusch View Lane, approximately'/4-mile west of Oracle Road. The request is for a proposed automotive collision repair facility in the vacant car wash facility on Mercado del Rio Lot 11, OV814-003. 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 www. orovallevaz.eov. For questions and -additional information, please contact Michael Spaeth, Senior Planner, at (520) 229-4812 or mspaeth@orovallevaz.Dov. NOTICE OF PUBLIC HEARING The Town Council invites the community to attend a public hearing on Wednesday, February 4, 2015, 6 p.m. Oro Valley Town Council Chambers, 11000 N. La Canada Drive Oro Valley, Arizona Public Hearing: A Zoning Code Amendment related to modifying the review process and development standards under the Economic Expansion Zone (EEZ) Overlay District. The pro- posed amendment to Section 24.9 would 1) Allow the Planning and Zoning Administrator to administratively approve alternative parking ratios 2) Eliminate the Conceptual Design Review Process.(OV714-014) 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.om- va le az . For questions and additional information, please contact Chad Daines, Principal Planner at rr,9m 99cl-dRraR nr rdainPc0nrmrallPva7 nmr made by calling (520) 740-2000. DATED this 30th day of December, 2014. THOMAS C. HORNE Attorney General ERIN C.B. LOPEZ Assistant Attorney General #4273102 PUBLISH: The Daily Territorial Jan. 2, 9, 16, 23, 2015 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the Matter of: DE LA CRUZ-ESPI- NOZA, DAIZY LILIANA d.o.b.11/03/04 AGUILAR, ZOE SERENA d.o.b. 06/24/08 Person(s) under 18 years of age. No. JD20140877 DCS'S NOTICE OF PUBLICATION HEARING ON DE- PENDENCY PETITION (The Honorable Susan A. Kettlewell ) TO: JORGE ANTONIO ESPINOZA, parents and/or guardians of the above - named child. 1. The Department of Child Safety, (DCS or the Department), by and through undersigned counsel, has filed a Dependency Petition pursuant to Title 8, of the Arizona Revised Statues, and Rule 48 of the Rules of Procedure for the Juvenile Court. 2. The Court has set a Publication hearing on the 28th day of April, 2015 at 4:00 a.m., at the Pima County Superior Court, 2225 East Ajo Way, Tucson, Arizona 85713, before the Honorable Susan A. Kettlewell for the purpose of determining whether any parent or guardian named herein is contesting the allegations in the motion. 3.You and your children are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court. 4. You have a right to appear as a party in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, status conference or dependency adjudi- cation, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Motion. In addition, if you fail to appear, without good cause, the hearing may go forward in your absence and may result in an adjudica- tion of dependency, termination of your parental rights or the establishment of a permanent guardianship based upon the record and the evidence presented to the court. 5. If you are receiving this Notice by publication, you may obtain a copy of the Dependency Petition, Notice of Hearing, and Temporary Order by submitting a written request to: KAREN M. HAYDEN, Office of the Attorney General, 3939 South Park Avenue, Suite 180, Tucson, Arizona 85714. The assigned case manager is BRIAN BAYER and may be reached by telephone at (520) 586-8308. 6. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a crhprii ilprl r ,rr nrncpprlinn anrf non ha E. Yehling) TO: John Doe, a fictitious name, parent of the above -named child. 1. The Department of Child Safety, (DCS or the Department), by and through undersigned counsel, has filed a Motion for Termination of Parent -Child Relationship pursuant to Title 8, of the Arizona Revised Statutes and Rule 64 of the Arizona Rules of Procedure for the Juvenile Court. 2. The Court has set a Publication hear- ing on the 4th day of March , 2015 at 8:30a.m., at the Pima County Superior Court, 2225 E. Ajo Way, Tucson, Arizona 85713, before the Honorable Wayne E. Yehling for the purpose of determining whether any parent named herein is contesting the allegations in the Motion. 3.You and your child are entitled to have an attorney present at the hearing. You may hire your own attorney or, if you cannot afford an attorney and want to be represented by an attorney, one may be appointed by the Court. 4. You have a right to appear as a parry in this proceeding. You are advised that your failure to personally appear in court at the initial hearing, pretrial conference, status conference, or termination adjudi- cation, without good cause shown, may result in a finding that you have waived your legal rights and have admitted the allegations in the Motion. In addition, if you fail to appear without good cause, the hearing may go forward in your absence and may result in termination of your parental rights based upon the record and the evidence presented to the Court. 5. If you are receiving this Notice by publication, you may obtain a copy of the Motion for Termination of Parent -Child Relationship and Notice of Hearing by submitting a written request to: Gregory M. Hynes, Office of the Attorney General, 3939 S. Park Ave., Ste. 180, Tucson, Arizona 85714. The assigned child safety worker is Tammy Warren, and may be reached by telephone at (520) 887-7577. 6. Requests for reasonable accom- modation for persons with disabilities must be made to the court by parties at least three working days in advance of a scheduled court proceeding and can be made by calling (520) 740-2000. 7. You have the right to make a request or motion prior to any hearing that the hearing be closed to the public. DATED this _ day of December, 2014.THOMAS C. HORNE Attorney General GREGORY M. HYNES Assistant Attorney General PUBLISH: The Daily Territorial Dec. 26, 2014 Jan. 2, 9, 16, 2015 Public Notices PUBLIC NOTICE TUCSON AIRPORT AUTHORITY NOTICE OF REQUEST FOR QUALIFICATIONS FOR DESIGN PROFESSIONAL SERVICES (ENGINEER) 1. Title of Project: 10112254 Reconstruct Professional Servicesshallbe com- pleted in accordance with current FAA Advisory Circular guidance. 4. General Description of Project: The project consists of Runway 11 U29R Rehabilitation including shoulders and overrun at the Tucson International Air- port. Project also includes rehabilitation of various connector taxiways within the Runway Safety Area, partial replace- ment of the runway edge lighting system and taxiway centerline lighting system. Depending on funding availability, the project may also include removal of existing non-standard taxiways between Runway 11 U29R and Taxiway A, and construction of new connector taxiways between Runway 11 U29R to be consis- tent with new FAA guidance and the ap- proved Airport Layout Plan, removal and installation of barrier arresting systems. 5. Location of Work: Tucson International Airport, 7250 South Tucson Boulevard, Tucson, AZ 85756. 6. RFQ: Written copies of the RFQ are available for review at TAA's Contracting Services Department, and/or a hard copy (or PDF) may be obtained from that office without charge. To request a copy, contact Sylvia Granillo via email at sgranilio@ilytucson.com or via phone at 520-573-4821. The RFQ contains the instructions, terms and conditions, forms, and other information relating to the RFQ, including, but not limited to, the number of persons or firms to be included on the final list, the selection criteria to be used by the selection committee to select the person or firm to perform the services, the relative weight of the selection criteria, information regarding interviews, and the number of contracts to be awarded. 7. Date and Time for Submission of SOO: Written SOQs will be received by TAA until 2:00 p.m. on Tuesday, Febru- ary 17, 2015 at the TAA Administration Building, 7005 South Plumer Avenue, Tucson, Arizona 85756. One original and five (5) copies of the SOO shall be required to be addressed and delivered to TAA on or before the day and hour set for receipt. An SOO may be withdrawn by written request any time before the scheduled time and date for receipt. Any SOO submitted after the designated date and time will not be accepted or considered. 8. Pre -Submission Conference: A pre - submission conference for the project will be held on Wednesday, January 28, 2015 at 10:00 a.m. at the TAA Administration Building, 7005 S. Plumer Avenue, Tucson, Arizona 85756. At this conference, TAA staff will discuss the scope of services, the proposed date for interviews, the selectiorf process, and respond to questions about the RFQ. ' The pre -submission conference will also include an opportunity to visit the site of the proposed services. 9. No Prices or Pricing Information: SOQs submitted by any interested per- sons or firms shall NOT include prices or any pricing information for the proposed services. in Cnntc of Resnnnrlinn to the RFO: not indicate that the firm has been pre - qualified for airport work. 13. DBE: It is the policy of the Depart- ment of Transportation ("DOT') and TAA that Disadvantaged Business Enterprise firms ("DBEs") as defined in 49 CFR Part 26 (the "DBE Regulations"), shall have a fair and equal opportunity to par- ticipate in the performance of contracts financed in whole or in part with federal funds. TAA, in compliance with 49 CFR § 26, has adopted a program regarding the participation of DBEs on federally funded projects. Specifically, it is the goal of TAA to ensure that, to the extent reasonably possible and consistent with other legal requirements that: (a) DBEs are not discriminated against in the award and administration of TAA's contracts; (b) a level playing field is cre- ated on which DBEs can compete fairly for TAA's contracts; and (c) any barriers to the participation of DBEs in TAA's contracts are removed. A copy of this program is available upon request. 14. Legal Requirements: The services to be performed will be subject to the provi- sions of Title 34 of the Arizona Revised Statutes (A. R.S. § 34-101, at seq., as amended) and FAA AC 150-5100-14E. All persons or firms submitting an SOO and their subconsultants must be duly licensed to perform the work at the time the SOO is submitted (or exempt from licensing requirements) pursuant to all applicable laws, rules, and regulations. If a licensing exemption is claimed, the person or firm must set forth the basis for the claimed exemption in writing at the time the SOO is submitted. In addi- tion, the proposed project will be paid for in part with monies to be received from the Federal Aviation Administration and the Arizona Department of Transporta- tion. For grant funded projects, ad- ditional terms and conditions may apply as set forth in the RFQ and proposed Contract Documents. PUBLISH: The Daily Territorial January 16, 23, 2015 CHRISTIAN FAMILY CARE NOTICE OF POTENTIAL BIRTH FATHER Notice is given to "Gilbert" that you have been identified by Maria Angelica Rome- ro, the natural mother, as a potential father of her child, on February 20, 2015 in Tucson, County, Arizona. This Notice is also for JOHN DOE or any other person claiming to be the father. Pursuant to Arizona Revised Statutes § B-106(G), you are hereby informed of the following: 1. Maria Angelica Romero, the natural mother, plans to place this child for adoption. 2. Under sections 8-106 and 8-107, Arizona Revised Statutes, you have the right to consent orwithhold consent to the adoption. 3.Your written consent to the adoption is irrevocable once you give it. 4. If you withhold your consent to the adoption, you must initiate paternity Droceedinas under Title 25. Chanter 6. Notice Form OV Number: ` 1 l 1-4 ` D D3 Board/Commission: F2-,�L Date of Meeting: I /Uh-� 15 Day Notice Deadline: ) -1�1 � -2— Publish in Daily Territorial Newspaper: Submission Deadline: C� G /�'� Ad in OV File: Emailed to DT: i 2//�//-- S Cost of Publishing: Publish Date: a - Publishing No: Postcard Notification Boundary: r / j Notification Feet: Total Residents: Date Mailed out: HOA's Notification: W—) Total HOA's: Date Mailed out:/e Property Posting: L Gave to Inspectors: Town Posting: I' I Date Posted: Town Website Posting: Date Posted:�a- Notice in Folder: ?3 Notice Map: ��� Labels: Affidavit of Publication: Town Clerks \ Copy Folder NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION The Planning and Zoning Commission invites the community to attend a public hearing on Tuesday, January 6, 2015, 6 p.m. Oro Valley Town Council Chambers, 11000 N. La Canada Drive Oro Valley, Arizona Public Hearing: Conditional Use Permit for proposed Automotive Service Center, located on the north side of Pusch View Lane, approximately % mile west of Oracle Road. The request is for a proposed automotive collision repair facility in the vacant car wash facility on Mercado del Rio Lot 11, OV814-003. 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 www.orovalleyaz.gov. For questions and additional information, please contact Michael Spaeth, Senior Planner, at (520) 229-4812 or mspaeth(aD-oroval leyaz.gov. POSTED: 12/22/2014 TIME: 8:00 AM BY: rmf AFFIDAVIT OF PUBLICATION STATE OF ARIZONA ) ss. COUNTY OF PIMA I 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 Automotive Service Center OV814-003 January 6, 2015 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 19`h day of December, 2014 and the last publication thereof was made on the 19"' day of December, 2014; that said publication was made on each of the following dates, to -wit: 12/19/14 at the Request of: Town of Oro Valley by - L , Lead Public Notice Clerk, subscribed and sworn to before me this 19th d of December, 2014. Notary Public in and for the County of Pima, State of Arizona !.'.GC..iIJ-ax c� o,E>:pires07119/2018 �➢ My commission expires 07/19/2018 NOTICE OF HEARING Automotive Service Center OV814-003 January 6, 2015 AD BUILT 2X2=4X 5.50=22+5.00=27.00 IR www.dailyterritorial.com • DECEMBER 19, 2014 23 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION The Planning and Zonhig Commission Invites the community to attend a public hearing on Tuesday, January 6, 2015. 6 p.m. Ore Vallay Town Council Chambers, 11000 N. La Canada Drive Ors Valley, Arizona Public Hearing: Conditional Use Permit for proposed Automotive Service Center, located on the north side or Pusch View Lane, approslmatety'A mile west of Oracle Road. The request is for a proposed automotive collision repair facility in the vacant or wash facility on Mercado del Rio Lot 11. OV814-0OJ. The puhlic is encouraged to attend and will be invited to speak. An agenda for this meeting volt be made available at bast 24 hours prior to the meeting Ore and can be viewed at 2m u moval- I=gov. For questions and additional Information, please contact Michael Spaeth, Senior Planner, at (520) 229-4812 or m<_oaelnleorovnllevaano, TOWN OF ORO VALLEY NOTICE OF PUBLIC HEARING Planning 6 Zoning Commission The Planning A Zoning Commission Invites the community to attend a public hearing on Tuesday. January 6, 2015, 6 PM Ora Valley Town Hall, 11000 N. La Called. Or. Ore Valley, Arizona Public Hearing: A Zoning Cade Teal Amendment related to modifying the review process and development standards under the Economic Expansion Zone (EEZ) Overlay District. The proposed Zoning Code Amendment to Section 24.9 would 1) Allow the Planning and Zoning Administrator to administra0vey approve ahernative parking ratios 2) Eliminate the Conceptual Design Review Process and 3) Other potential modifications to increase the el- fectiveness of EEL (OV714-014) The meeting will be held in the Town Council Chambers. The public Is encouraged to attend and well be invited to speak. An agenda for this meeting will be made available at least 24 hours pd., to Ow meeting time and can be Hewed at wwnwormnne— nov For questions and additional information, please contact Rosevell Arellano, Planner, at (520) 229-4817 or rarellanoaecrmnllevrr any, TOWN OF ORO VALLEY NOTICE OF PUBLIC HEARING Planning 6 Zoning Commission The Planning A Zoning Commission Invites the community to attend a public hearing on Tuesday, January S. 2015, 6:00 PM Town Council Chambers Oro Valley Town Ha11, 11000 N. La Canada Dr. Public Heartop: Nakama Sky Senior living campus on a 79.5-acre property, located South - last of the Inlersection of list Avenue and Haranta Drive. The following requests related to the protect will be heard at the meeting: Rezoning from Rooney Ranch'Z' Planned Area Development (PAD) to Nakama Sky PAO to enable development of a 79.5-acre senior living and care campus, Including a range of senior living and care laclkees, including dining, recreational (parks, etc.), cultural (theate0, and retail (gih shop, coffee shop, etc.) uses, OV914-007 • Amendment 10 the Eovironmenlally Sensitive Lands (ESL) zoning map to modify the ri- parian area boundaries on a Critical Resource Area on the east side of the property, OV914-008 • Minor General Plan text amendment to clarify the Intent and applicability of a General Plan Specie Area Policy that restricts residential subdivision development on the property to no more than three (3) units per arse, OVI114-OGS The public is encouraged to attend and will be Invited to speak. Ara agenda for this meeting will be made available at least 24 hours prior to the meeting time and an be viewed at mm oravallevax ov. For questions and additional information, please contact Matt Michels, Senior Planner, at (520) 229-4822 or mmicneLa'ore nlle n?.nw Notice Form OV Number: CAI )10 " DO -� Board/Commission: 1 /� Date of Meeting: P/ q//-5 15 Day Notice Deadline: �l U! )5 Publish in Daily Territorial Newspaper: Submission Deadline: 1 2 Ad in OV File: Emailed to DT: �/i 1 LJ Cost of Publishing: Publish Date: I 1 1',q Publishing No: Postcard Notification Boundary: L v Notification Feet: DD Total Residents: Date Mailed out: HOA's Notification: � ec-) 1� Total HOA's: Date Mailed out: Property Posting: Gave to Inspectors: Town Posting: Date Posted: 111 Town Website Posting: Date Posted: Notice in Folder: a a �l Notice Map: Labels: Affidavit of Publication: Town Clerks �� Copy Folder NOTICE OF PUBLIC HEARING TOWN COUNCIL The Town Council invites the community to attend a public hearing on Wednesday, February 4, 2015, 6 p.m. Oro Valley Town Council Chambers, 11000 N. La Canada Drive Oro Valley, Arizona Public Hearing: Conditional Use Permit for proposed Automotive Service Use, located on the north side of Pusch View Lane, approximately'/4-mile west of Oracle Road. The request is for a proposed automotive collision repair facility in the vacant car wash facility on Mercado del Rio Lot 11, OV814-003. 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 www.orovalleyaz.gov. For questions and additional information, please contact Michael Spaeth, Senior Planner, at (520) 229-4812 or mspaeth(cD-orovalleyaz.gov. POSTED: 01/16/2015 TIME: 11:00 AM BY: rmf STATE OF ARIZONA } ss. COUNTY OF PIMA AFFIDAVIT OF PUBLICATION 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 Automotive Service Use Pusch View Lane OV814-003/February 4, 2015 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 16`l' day of January, 2015 and the last publication thereof was made on the 16"' day of January, 2015; that said publication was made on each of the following dates, to -wit: 1/16/15 at the Request of: Town of Oro Valley by , Lead Public sworn to before me this 16th &of January, 2015. M. MARX LISA ` Notary Public - State of Arizona • .X' PIh1ACOUNTY My Commission Expires July 19, 2018 Clerk, subscribed and Notary Public in and for the County of Pima, State of Arizona My commission expires 07/19/2018 NOTICE OF HEARING Automotive Service Use Pusch View Lane OV814-0031February 4,2015 AD BUILT 2X2=4X 5.50=22+5=27.00 www.dailyterritorial.com • JANUARY 16, 2015 23 NOTICE OF PUBLIC HEARING TOWN COUNCIL The Town Council mores Ilia community to attend a public heating on Wed o..day, February 4, 2015. 6 p.m. Oro Valley Town Council Chambers, 110011 N. La Canada Drive Oro Valley. Arizona Public Hearing: Conditional Use Permit for proposed Automotive Service Use, located on the north side of Pugh View Lane. approximately Y.-mile west of Oracle Road. The request Is for a Proposed automotive collision repair facility In the vacant car wash facility on Mercado del Rio Lot 11. OV814-003. 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 Vn= amvallevm tiny. For questions and additional Information, please contact Michael Spaeth• Senior Planner, at (S20) 229.4812 or msoaethA arovaltevzz nnv. NOTICE OF PUBLIC HEARING The Town Council invites the community to attend a pubic hearing on Wednesday, February 4, 2015, 6 p.m. Ore Valley Taw. Council Chambers, 11000 N. La Canada Drly. Oro valley, Arltona Public Hearing: A Zoning Code Amendment related to mod0ying the review process and development standards under the Economic Expansion Zone (EEZ) Overlay District. The pro- posed amendment to Section 24.9 w.nlA 1) Allow the Planning and Zoning Administrator o administratively approve allernalive parking ratios 2) Elimmale the Conceptual Design Review Process. (OV714-014) 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 onm io the meeting lime and can be viewed at yN.nv.r.- wlleyai.DVy. For questions and additional information, please contact Chad Comes, Principal Planner, at (520) 229.4896 or edainesanrmallrvaz nay. NOTICE OF PUBLIC HEARING TOWN COUNCIL The Town Council invites the community to amend a public hearing on. Wednesday. February 4, 2015, 6 P.m. Oro Valley Town Council Chamber., 11000 N. La Canada Drive Oro Valley, Arizona Public floating: A Zoning Cade Amendment raW.d to it. mW.fiad review Process enabled by ills Environmentally Sensitive Lands Section of Ilia Zoning Code. The proposed amendment to Section 22.3.D.2.b.ii and Section 27.11OF.2.6u.1i w•ouH enable mud,l"iiope ragardmg setback requirements and allow the Planning and Zoning Administrator to administratively approve uwmr In di -hams In Fn0 Site Flans but ulhe-m confirm lu an approved Tenl,live Develapmenl Plan under a otodilied review procuss. OV714-011. The public E encouraged to amend and will be invited to speak. An agenda for this meeting will be nude available a1 least 24 hours prior to the meeting time am can be viewed at www nrmial. leyazoo For questions and additional Information, please Contact Michael Spaeth, Senior Planner, at (520) 229-4812 or m5.aathubrovallmaznpv. �PLLEY.. Aq�? �VNDED�9� Development and Infrastructure Services February 5, 2015 Ming Chen Chen Architects 877 N. Alma School Road Chandler, AZ 85224 Subject: Town Council Action Letter Caliber Collision CUP, OV814-003. Dear Ming, The Town Council at their regularly scheduled meeting of February 4, 2015, voted (7-0) to conditionally approve the requested Conditional Use Permit, subject to the condition of approval listed below: 1. Screening must be provided along the northern property line to ensure stored vehicles are not visible from the shared use path along the Canyon del Oro Linear Park. The next step is to submit your construction documents. The condition of approval can be addressed during that review. If you have any questions, please contact me at (520) 229-4812 or mspaeth .orovalleyaz.gov. Best Regards, Michael Spaeth, AICP Senior Planner 520-229-4812 mspaeth(D-orovallevaz.gov cc: File Mike Stults 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, our future. 11000 N. La Canada Drive - Oro Valley, Arizona 85737 J P��EY. rgAi2 OPO 0�9 9 Y R: zA FOUNDED 19�0.-� Development and Infrastructure Services December 8, 2014 Mike Stults, Project Manager Cross Architects, PLLC. 1255 W. 15th St., Suite 125 Plano, Texas 75075 Re: OV814-003, Conditional Use Permit for the Auto Body Repairs, Vt Submittal Sheet A1.0 and Sheet A2.0 must be stamped, signed, and dated by a licensed registered architect within the State of Arizona. [Arizona State Board of Technical Registration: Rules — Information Relating to Seals] 2. Please insert the Project No. OV814-003 within the Project Number Block within the lower right-hand portion of each of the above mentioned sheets. [Town Zoning Code 22.9.E.2] If you have any questions, please call me at (520) 229-4823. Sincerely, Marvin Miller Engineering Design Reviewer cc: File NEIGHBORHOOD MEETING SIGN -IN SHEET 0� PROJECT NAME:ZL / 1 n DATE: ! 5 l NAME ADDRESS i� C '� Caliber Collision Conditional Use Permit Engineering Section of CUP Report David Laws December 22, 2014 The proposed conditional use permit site analysis acknowledges that the site will remain in its current state, therefore site drainage will be maintained per the approved site improvements. The building will be operated as an auxiliary workspace to the existing facility located in the same development. The use of the new building as proposed will not generate additional traffic as only employees will utilize the new building as additional workspace for the existing building. Patrons of the business will not conduct business or utilize the new building. Therefore, the traffic impact to the surrounding street network as a result of this use is negligible. I ESTOPPEL CERTIFICATE February_, 2015 Landmark Bank, N.A. P.O. Box 610 720 E. Peyton St. Sherman, Texas 75091 Attention: Greg N. Kirkpatrick Cross Development CC Oro Valley, LLC a Texas limited liability company Attn: Steve Rumsey 5317 Inverrary Drive Plano, TX 75093 Re: Resolution No. (R) 02-52, effective as of June 19, 2002, by the Town of Oro Valley, Arizona authorizing and approving the Town to enter into a Development Agreement by and between the Town of Oro Valley and Conquistador Properties, LLC, to facilitate the development of 19.8 acres of vacant land located north of Pusch View Lane and south of the Canada Del Oro Wash in the Town and to Dedicate to the Town, Right-of-way of other land ("City"), recorded under Docket 11829 page 2728 in the Real Property Records of Pima County, Arizona (as amended, the "Resolution"), covering the property described therein (the "Resolution Property") Ladies and Gentlemen: Landmark Bank, N.A. ("Lender"), has agreed to make a loan (the "Loan") to Cross Development CC Oro Valley, LLC, a Texas limited liability company ("Borrower") pursuant to that certain Construction Loan Agreement dated February 2015, by and between Lender and Borrower (the "Loan Agreement"), as secured by, among other things, that certain Construction Deed of Trust, Assignment of Rents, Security Agreement and Financing Statement dated February _, 2015, executed by Borrower for the benefit of Lender to be recorded in the real property records of Pima County, Arizona (the "DOT"), which DOT encumbers the property described therein as Lot 11 of Mercado Del Rio (the "Pro a "), which Property is more particularly described in the attached Schedule A. The Property is a part of the Resolution Property, encumbered by the Resolution. At the request of Borrower and Lender, City hereby certifies to Borrower and Lender, with the knowledge and intent that they shall be entitled to rely fully hereon without the necessity of independent investigation on their part, as follows: 1. Unless specifically indicated otherwise herein, capitalized terms in this certificate shall have the same respective meanings as are ascribed to them in the Resolution. 2. City has all necessary power and authority to execute and deliver this Certificate to Lender on behalf of City without the joinder of any other person or entity and the individuals signing this Certificate on behalf of City are fully authorized and empowered to do so and to bind City to the matters set forth in this Certificate. 3. The Resolution as described above is unmodified and is in full force and effect. 4. To City's current actual knowledge, without independent investigation or inquiry, as of the date hereof, (a) all terms, conditions, approvalspermits, and restrictions, including any use restrictions and parking restrictions, set forth in a �ti connection with the operation of the Property as an auto body repair facility have been met by Borrower, and (b) there are no events currently existing or anticipated to occur that could prohibit or hinder the continued operation of a auto body repair facility on the Property under the Resolution. 5. To City's current actual knowledge, without independent 'in ti$ation or inquiry, as of the date hereof, no default or event of default currently exists under th Resolutio ith respect to the Property, or event which, with the giving of notice would constitute a default or event of default under the Resolution with respect to the Property. Neither City, nor any other party, has a claim or lien pursuant to e Resolution gainst the Property or Borrower. 6. To City's current actual knowledge, without independent investigation or inquZ5,je are no sums owing by Union Bank, N.A., a national banking association, or Borrower to th City connection with the construction, ownership, operation, or maintenance of the Property for all periods through the date of this Certificate. 7. City and Borrower understand that Lender is relying on the statements contained herein as an inducement to making its decision to make a loan to Borrower and but for the statements made herein Lender would not make such loan. As between City and Lender, City shall be estopped from denying the accuracy of any statement made herein and shall not be entitled to make any claim against Lender or the Property which is inconsistent with the terms of this Certificate. Lender is entitled to act in reliance upon the matters herein contained without further inquiry of any kind, it being expressly acknowledged and agreed that in the event of any inconsistencies between this Certificate and the Resolution, the terms of this Certificate shall govern. 8. This Certificate shall inure to the benefit of Lender and it's respective successors and assigns and shall be binding on City, and its successors and assigns. Except as otherwise set forth herein, this Certificate shall not be deemed to alter or modify any of the terms and conditions of the Resolution. Notwithstanding this Certificate, each of the undersigned acknowledges and agrees that Lender is not obligated to a loan. CITY: Town of Oro Valley, Arizona By: _ Name: Title: SCHEDULE A Legal Description PARCEL NO.1: Lot 11 of MERCADO DEL RIO, 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 59 of maps and Plats at page 28 thereof. PARCEL NO.2: Nonexclusive easements for ingress and egress by or pursuant to that certain "Declaration of Covenants, Conditions and Restrictions for Mercado del Rios' recorded January 24, 2005, in Docket 12474, page 318, Official Records of Pima County, Arizona. OJP Y gR��O2 77 ., �OVNOE' D 191a Development and Infrastructure Services February 19, 2015 Landmark Bank, N.A. P.O. Box 610 Sherman, TX 75091 Attn: Greg N. Kirkpatrick Cross Development CC Oro Valley, LLC a Texas limited liability company Attn: Steve Rumsey 5317 Inverrary Drive Plano, TX 75093 To whom it may concern, Thank you for your inquiry concerning Resolution 02-52 for the Conquistador Properties located at Mercado del Rio shopping center. After review it has been determined that to the best of staffs knowledge the conditions set forth in said resolution as part of the Development Agreement between Conquistador Properties and the Town of Oro Valley have been satisfied. Please feel free to contact me with any questions. Sincerely, Bayer Vella, AICP Planning and Zoning Administrator Town of Oro Valley Page 1 of 1 RESOLUTION NO. (R) 02 -52 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING THE TOWN TO ENTER INTO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE TOWN OF ORO VALLEY AND CONQUISTADOR PROPERTIES, L.L.C. TO FACILITATE THE DEVELOPMENT OF 19.8 ACRES OF VACANT LAND LOCATED NORTH OF PUSCH VIEW LANE AND SOUTH OF THE CANADA DEL ORO WASH IN THE TOWN AND TO DEDICATE TO THE TOWN, RIGHT-OF- WAY AND OTHER LAND. WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all the rights, privileges, and benefits, which entitles the Town to immunities and exemptions granted to a political subdivision under the Constitution as well as the laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 9-500.05, the Town may enter into this Development Agreement with Conquistador Properties, L.L.C. since development affects property within the Town; and WHEREAS, Conquistador Properties, L.L.C. intends to develop 19.8 acres of vacant land (the "Land") located north of Pusch View Lane and south of the Canada del Oro Wash for commercial purposes, as more particularly described in the legal description attached to the Development Agreement as Exhibit "A" thereto and incorporated herein by this reference; and WHEREAS, the Town desires to create the Oracle Road Improvement District ("ORID"); and WHEREAS, Conquistador Properties, L.L.C. will participate in ORID to accomplish improvements to North Oracle Road, First Avenue and Pusch View Lane; and WHEREAS, the design for the Pusch View Lane requires the Town to acquire additional property from Conquistador Properties, L.L.C. for the purpose of expanding the right-of-way; and WHEREAS, to satisfy the outstanding zoning conditions on the Land and to obtain assurances from the Town regarding the design of the Pusch View Extension and future impacts on the Land, Conquistador Properties, L.L.C. desires to dedicate approximately 103,830 square feet of additional property to the Town as additional right-of-way for Pusch View Lane; and Conquistador Properties Dev Agmt Approval ina6111/02 Oro Valley IxW Dept, 9 2 6 WHEREAS, to satisfy the outstanding zoning conditions on the Land and to obtain assurances from the Town regarding the design of the Pusch View Extension and future impacts on the property, Conquistador Properties, L.L.C. desires to dedicate to the Town approximately 11,378 square feet of property to be used for the linear park and related facilities adjacent to the Canada del Oro Wash; and WHEREAS, the Development Agreement between the Town and Conquistador Properties, L.L.C. attached hereto as Exhibit "I" and incorporated herein by this reference, shall prescribe the terms and conditions surrounding the commercial development of the Land and dedication of required right -of way and other land to the Town; and WHEREAS, the Development Agreement has been determined by the Mayor and Council to be consistent with the Town's General Plan as defined in ARS § 9-461, and the terms and conditions of the Agreement substantially improve and enhance the welfare of the residents of the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Town of Oro Valley, Arizona as follows: Section 1: That the attached Development Agreement between the Town of Oro Valley and Conquistador Properties, L.L.C., to facilitate the development of a 19.8 acres of vacant land located north of Pusch View Lane and south of the Canada del Oro Wash for commercial purposes, is hereby approved. Section 2. Pursuant to ARS § 9-500.05 and not later than 10 days after the Town enters into the Agreement, the Town shall record a copy of the Agreement with the Pima County Recorder's office constituting notice of the Agreement to all persons. Section 3. Pursuant to ARS § 9-812 and within 30 days of passage, all laws and notices of a public character issued by the authority of the Town shall be published in an English language newspaper of general circulation within Pima County. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Development Agreement. Conquistador Properties Dev Agmt Approval jna.6/11/02 Oro Valley Legal Dept. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this Lgth day of _Jm , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor 4. KathrA E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, I X, u Conquistador Properties Dev Agmt Approval jna6/11l02 Oro Valley Legal DepL DEVELOPMENT AGREEMENT BETWEEN TOWN OF ORO VALLEY AND CONQUISTADOR PROPERTIES, L.L.C. 122477.3 TABLE OF CONTENTS Pace ExhibitList........................................................................................................ iii RECITALS........................................................................................................ 1 AGREEMENT.................................................................................................. 2 1. Conquistador's Obligations......................................................................... 2 1.1. Dedication of Right -of -Way for Pusch View Extension ......................... 2 1.2. Dedication for Canada del Oro Riverpark.............................................. 2 1.3. Participation in ORID ............................................................................ 2 1.4. Trailhead Parking.................................................................................. 3 1.5. Relinquishment of Residential Uses Under Original Zoning .................. 3 2. Town's Obligations...................................................................................... 3 2.1. Satisfaction of Original Zoning Conditions ............................................ 3 2.2. Design of the Pusch View Extension..................................................... 3 2.2.1. Access........................................................................................ 3 2.2.2. Traffic Signal.............................................................................. 3 2.2.3. Drainage Structures.................................................................... 3 2.3. Credit for Dedication of Land Against Future ORID Assessment and Assessment Calculation ................................................ 4 2.4. Deleted.................................................................................................. 4 2.5. No Future Dedication Requirements...................................................... 4 3. General Provisions....................................................................................... 4 3.1. Recitals Incorporated............................................................................. 4 3.2. Headings............................................................................................... 4 3.3. Exhibits................................................................................................. 4 3.4 Entire Agreement................................................................................... 4 3.5. Further Acts........................................................................................... 5 3.6. Recordation........................................................................................... 5 3.7. Amendments......................................................................................... 5 3.8. Future Effects........................................................................................ 5 3.8.1. Time of Essence......................................................................... 5 i 3.8.2. Successors and Assigns............................................................... 5 3.8.3. Term........................................................................................... 5 3.9. Notices.................................................................................................. � 6 - 3.10. Default; Remedies............................................................................... 7 3.11. Force Majeure...................................................................................... 7 3.12. Attorneys' Fees.................................................................................... 8 3.13. Governing Law.................................................................................... 8 -� 1224773 TABLE OF CONTENTS (Continued) Page 3.14. Cooperation in the Event of Legal Challenge ....................................... 8 3.15. Severability......................................................................................... 8 3.16. No Partnership; Third Parties....,.......................................................... 8 3.17. Counterparts ........................ ................................................................ 8 3.18. Compliance with State Laws................................................................ 8 ii 1224" 3 EXHIBITS TO DEVELOPMENT AGREEMENT Exhibit "A" Legal Description of Property Exhibit "B" Revised Rezoning Conditions Exhibit "C" RS Engineering Plan for "Pusch View Extension" Exhibit "D" Form of Certificate of Compliance f 2 u 2 7 3 4 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") dated \0� , 2002 for reference purposes only, is entered into by and between the TOWN OF ORO VALLEY, an Arizona municipal corporation (the "Town"), and CONQUISTADOR PROPERTIES, L.L.C., an Arizona limited liability company ("Conquistador"). RECITALS: A. Conquistador owns approximately 19.8 acres of vacant land located north of Pusch View Lane and south of the Canada del Oro Wash in the Town (the "Property"). A legal description of the Property is attached as Exhibit "A". B. Following the Town's annexation of the Property in 1994, its Pima County CB-1 zoning was translated by Ordinance No. (0)95-33 to the Town's C-2 classification, subject to certain conditions (the "Original Zoning"). One of these conditions provided that: "[tlhe C-2 zoning for the ... Property shall expire five years from the effective date of this ordinance and zoning on said property shall revert to R1-144." C. On December 15, 1999, the Town adopted Ordinance No. (0)99-60 extending the deadline for performance of the rezoning conditions imposed on the Original Zoning until December 31, 2003. The Town also imposed revised rezoning conditions, a copy of which is attached as Exhibit "B". One of those conditions requires Conquistador to dedicate additional right-of-way for future improvements to Pusch View Lane. D. The Town has initiated design work on the improvements to Pusch View Lane, which include a new bridge across the Canada del Oro Wash linking Pusch View Lane and an extension of Lambert Lane on the west side of the Wash (the "Pusch View Extension"). The preliminary design for the Pusch View Extension will require more right-of-way from the Property than was contemplated at the time the conditions imposed on the Original Zoning were adopted. E. The Town has approached Conquistador about its willingness to dedicate the additional right-of-way now for the Pusch View Extension, even though Conquistador has no immediate plans to develop the Property. Conquistador is, willing to dedicate the additional right-of-way, provided it can thereby satisfy the — outstanding Original Zoning conditions and obtain certain assurances from the Town -_ about the design of the Pusch View Extension as it impacts the Property. F. The Town and Conquistador are entering into this Agreement pursuant to the provisions of A.R.S. § 9-500.05 in order to facilitate the development of the Property by providing for, among other things: (i) the dedication of land for public = purposes, (ii) the phasing or time of construction of facilities benefiting the public on 122477 3 the Property; (iii) the conditions, terms, restrictions and requirements for public infrastructure in the form of public street and trailhead improvements adjoining the Property; and (iv) any other matters related to the development of the Property. G. The Town and Conquistador acknowledge that the development of the Property pursuant to this Agreement will result in planning and economic benefits to the Town by: (i) documenting the dedication of portions of the Property by Conquistador for public purposes; (ii) requiring the development of the Property to be consistent with the Town's general plan; (iii) providing for the design, construction and installation of certain improvements on the Property which will be made available to the public by Conquistador pursuant to this Agreement; (iv) increasing tax and other revenues to the Town based on improvements to be constructed on the Property; and (v) creating employment opportunities through the development of the Property and through new office and commercial uses to be located on the Property. H. The Mayor and Council of the Town have authorized the execution of this Agreement by Resolution No. b'].-51 , to which this Agreement is attached. AGREEMENT: Now, THEFXFoxE, in consideration of the promises and the mutual obligations contained herein, the Town and Conquistador agree as follows: 1. Conquistador's Obligations. 1.1. Dedication of Right -of -Way for Pusch View Extension. Within 60 days after the execution of this Agreement, Conquistador will convey by special warranty deed to the Town, at no cost to the Town, approximately 103,830 square feet of land identified on the enclosed RS Engineering plan for the "Pusch View Extension" (the "Plan").as additional right-of-way for Pusch View Lane. A copy of the Plan is attached as Exhibit "C". The Town will be responsible for the preparation of any necessary legal descriptions of the land to be dedicated. 1.2. Dedication for Canada del Oro Riverpark. Within 60 days after the execution of this Agreement, Conquistador will convey by special warranty deed to the Town, at no cost to the Town, approximately 11, 378 square feet of land identified on the Plan to be used for linear park and related facilities adjacent to the Canada del Oro Wash. The Town will be responsible for the preparation of any necessary legal descriptions of the land to be dedicated. 1.3. Participation in ORID. Conquistador agrees to participate in the Oracle Road Improvement District ("ORID") to accomplish improvements on North Oracle Road, First Avenue and Pusch View Lane, should such district be formed by the Town, subject to the limitations described in Section 2.3 below. M477 3 7 3 E 1.4. Trailhead Parking. At the time that portion of the Property adjacent to the Canada del Oro Wash is developed, Conquistador will construct and identify ten (10) parking spaces for use in connection with a trailhead for the public linear park adjacent to the Canada del Oro Wash, in addition to those parking spaces otherwise required by the Oro Valley Zoning Code Revised for the development of the Property. 1.5. Relinquishment of Residential Uses Under Original Zoning. Conquistador agrees that Condition No. 4 of the Original Zoning placing a limitation on residential uses as permitted in the Oro Valley R-6 zone is satisfied by Conquistador's relinquishment of any rights it may have had under the Original Zoning for such residential uses. Conquistador further agrees that the land uses permitted by the Original Zoning as limited by this Section are consistent with the Town's General Plan applicable to the Property on the Effective Date of this Agreement. 2. Town's Obligations. 2.1. Satisfaction of Original Zoning Conditions. The obligations undertaken by Conquistador described in Section 1 above shall be deemed to satisfy all of the conditions imposed on the C-2 zoning of the Property by Ordinance No_ (0)99-60, revised Exhibit A, Town File #OV9-95-7. By satisfaction of these conditions, the C-2 zoning of the Property is no longer subject to Section 2 of Ordinance No. (0)99-60, whereby the C-2 zoning was to expire on December 31, 2003 unless the conditions were satisfied prior to that date. Within thirty (30) days of the date Conquistador tenders to the Town the deeds accomplishing the dedication of land described in Sections 1.1 and 1.2 above, the Town will provide Conquistador written confirmation from the appropriate Town officer that the conditions have been satisfied in a form substantially similar to that attached as Exhibit "D". 2.2. Design of the Pusch View Extension. The Town agrees that the Pusch View Extension will incorporate the following features necessary for the development of the Property: 2.2.1. Access. The Town will provide curb cuts at the locations shown on the Plan for the purpose of ingress and egress to the Property. 2.2.2. Traffic Sianal. The Town will facilitate in its design, including the installation of necessary conduits, etc., the future location of a traffic signal at the principal entrance to the Property, as shown on the Plan. 2.2.3. Drainage Structures. The Town will incorporate in the design of the Pusch View Extension such drainage structures as may be necessary to accept natural drainage from the Property and carry it to the Canada del Oro Wash without the requirement of detention/retention areas on the Property. 1224773 2.3. Credit for Dedication of Land Against Future ORID Assessment and Assessment Calculation. Conquistador shall receive against any future assessment for the ORID the fair market value of the land to be conveyed to the Town pursuant to Section 1.1 of this Agreement. If, in the establishment of the ORID, the Town uses an assessment formula which takes into consideration parcel area and frontage, then: 2.3.1. The area of the Property shall be that remaining after the dedications made pursuant to this Agreement. 2.3.2. The frontage of the Property shall be the length of the Property's Pusch View Lane frontage actually adjoining the ORID improvements. 2.4. Deleted. 2.5. No Future Dedication Requirements. The Town agrees that the dedication of additional right-of-way for the Pusch View Extension and a linear park on the Canada del Oro Wash, as provided under Section 1 above, satisfies all dedication requirements for the development of the Property which were made a condition of the Original Zoning and Ordinance No. (0)99-60. No additional dedication of land from the Property or payment of fees in lieu of dedication will be made a condition of development plan approval or the issuance of building permits based upon the demands placed on public facilities by the retail commercial and office uses, and intensity of such uses permitted by the Original Zoning and this Agreement. 3. General Provisions. 3.1. Recitals Incorporated. The recitals set forth above are accepted by the parties to be true and correct and are incorporated herein by this reference. 3.2. Headings. The descriptive headings of the sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the Agreement's provisions. 3.3. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by this reference with the same force and effect as if it were fully set forth in the body of the Agreement. t 3.4. Entire Agreement. This Agreement and the attached exhibits constitute the entire agreement between the parties pertaining to the subject matter of 2 the Agreement. All prior and contemporaneous agreements, representations and 9 3 8 4 1224" 3 understandings of the parties, oral or written, are superseded and merged in this Agreement. 3.5. Further Acts. Each of the parties to this Agreement shall promptly and expeditiously execute and deliver all of such documents and perform all of such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. 3.6. Recordation. This Agreement shall be recorded in its entirety in the official records of Pima County, Arizona not later than ten (l 0) days after this Agreement is executed by the Town and Conquistador. 3.7. Amendments. No change or addition is to be made to this Agreement except by a written amendment executed by the Town and Conquistador. Within ten (10) days after any amendment to this Agreement, such amendment shall be recorded in the official records of Pima County, Arizona. The parties agree to conduct a review of the Agreement annually on the anniversary of the Effective Date for the purpose of identifying mutually acceptable, necessary or desirable changes to the Agreement. 3.8. Future Effect. 3.8. 1. Time of Essence. Time is of the essence of this Agreement. 3.8.2. Successors and Assigns. Subject to the provisions of this section, all of the provisions of this Agreement shall inure to the benefit of and be binding upon successors and assigns of the parties to this Agreement pursuant to A.R.S. § 9-500.05(D). Conquistador may assign all or a portion of its rights and obligations under this Agreement, provided: 3.8.2.1. The assignment is to a person or entity that has acquired all or a portion of the Property; and 3.8.2.2. The assignment is by written instrument, expressly assigning such rights and obligations, recorded in the official records of Pima County, Arizona. 3.8.2.3. In the event of a complete assignment by Conquistador of all of the rights and obligations of Conquistador under this Agreement, Conquistador's liability under the Agreement shall terminate effective upon the assumption by Conquistador's assignee. 3.8.3. Term. This Agreement shall become effective upon its execution by all parties and the taking of effect of a duly authorized resolution of the Town's Mayor and Council (the "Effective Date"). The term of this Agreement shall commence upon the Effective Date and shall automatically terminate on the fifth (5th) anniversary of such date or such earlier date as mutually agreed by the parties. The parties further agree to cooperation in the recordation of any such termination. If any obligations of the Town and Conquistador undertaken pursuant to Sections i and z of this Agreement remain unperformed, the Town and Conquistador may extend the term of this Agreement upon mutual consent of the parties and in the manner provided in Section 3.7. 3.9. Notices. All notices, requests, demands or other communications ("Notices") required by this Agreement or otherwise given in respect of any matter with which disagreement is concerned shall be in writing and served by personal delivery or deposited within the U.S. Postal Service, certified mail, return receipt requested, with proper postage affixed, addressed and directed to the party to receive the same as follows: If to the Town: Ms. Kathryn E. Cuvalier Town Clerk Town of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 85737 With copies to: Chuck Sweet Town Manager Town of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 85737 Dan L. Dudley, Esq. Town Attorney Town of Oro Valley 1 1000 North La Canada Drive Oro Valley, Arizona 85737 If to Conquistador: Conquistador Properties, L.L.C. Attention: Mr. Glenn Luchies Managing Partner 700 Main Avenue Durango, CO 81301 1 nm3 t t T 9 9 7 4 ell Vj With copies to: Frank S. Bangs, Jr., Esq. Lewis and Roca LLP One South Church, Suite 700 Tucson, Arizona 85701-1620 Except as otherwise specifically stated in this Agreement, all Notices shall be effective upon delivery and shall be deemed delivered on the date when actually received. Any party may designate a different person or entity or change the place to which any Notice shall be given as provided in this Agreement, which Notice shall be effective after the same is actually received by the other party. 3.10. Default, Remedies. If either party hereto defaults (the "Defaulting Party") with respect to any of such party's obligations hereunder, then the other party hereto (the "Non -Defaulting Party") shall be entitled to give written notice in the manner prescribed in Section 3.9 to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected. The Defaulting Party shall then have (i) twenty (20) days from the date of such notice within which to correct such default if it can reasonably be corrected by the payment of money, or (ii) sixty (60) days from the date of such notice to cure such default if action other than the payment of money is reasonably required, or if any such non -monetary default cannot reasonably be cured within sixty (60) days, then such longer period as may be reasonably required, provided and so long as such cure is promptly commenced within such period and thereafter diligently prosecuted to completion. If any such default is not cured within the applicable time period(s) set forth above in this Section 3.10, then the Non -Defaulting Party shall be entitled to commence an action at law or in equity in the Pima County Superior Court. The parties hereto agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the Property to the condition which existed prior to Conquistador's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the enforcement of this Agreement. This Section 3.10 shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. 3.11. Force Majeure. Notwithstanding any other term, condition or - provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such party, the time period provided herein for the performance by such party of such duty _ or obligation shall be extended for period equal to the delay occasioned by such events. - iUm.3 3.12. Attorneys' Fees. In the event either party hereto shall commence any civil action against the other to enforce or terminate this Agreement or to recover damages for the breach of any of the provisions, covenants or terms of this Agreement on the part of the other party to be kept and performed, the prevailing party in such civil action shall be entitled to recover from the other party, in addition to any relief to which such prevailing party may be entitled, all costs, expenses and reasonable attorneys' fees incurred in connection therewith. 3.13. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. In particular, this Agreement is subject to the provisions of A.R.S. § 38-51 I. 3.14. Cooperation in the Event of Legal Challenge. In the event of any legal action or proceeding instituted by a third party challenging the validity of any provision of this Agreement, the parties agree to cooperate in diligently defending such action or proceeding. 3.15. Severabilitv_. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, provided that the overall intent of the parties is not vitiated by such severability. 3.16. No Partnership: Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Conquistador and the Town. No term or provision of this Agreement is intended to, or shall, be for the benefit of any. person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. 3.17. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all parties may be physically attached to a single document. t 3.18. Compliance with State Laws. All actions taken by the Town I pursuant to this Agreement shall be in accordance with applicable state laws including, but not limited to, A.R.S. § 34-201, et. seq. and A.R.S. § 42-17101, et seq.13 IN W]TNEss Wmnu, the parties have executed this Agreement as of the 2 dates written below. 9 4 7 1224773 TOWN OF ORO VALLEY, an Arizona municipal corporation By: Mayor ATTEST: By: Town Clerk Dated: ` 1 '% 1— I/ D. r- STATE OF ARIZONA ) ss. County of Pima ) "OFFiC1AL SEAL" Roxaana G. Gerrity Notary zon Pu�C mty� M Comm ion 9 q'� The foregoing instru nt was ackn wledged before me this day of 2002 by a� .5� �_o�c".,� Mayor, To of Oro Valley. Notary Public My Commission Expires: 12"! V? 3 CONQUISTADOR PROPERTIES, L.L.C., an Arizona limited liability company By: —'�e& P&A9 Glenn Luchies Its: Managing Partner Dated: !�r2 ?� 0 STATE OF ARIZONA ss. County of Pima The foregoing instrument was acknowledged before me tWsa9-*ay of iI , 2002 by Glenn Luchies, Managing Partner of Conquistador Properties, L.L.C., an Arizona limited liability company, on behalf of the company. My Commission Expires: � 5 - .� G 0..OFFICIAL SEAL SYDNEY LIPMA NOTARY PUBLIC-ARIZONA PIMA COZA 10 1224773 2 an f i p..ry�IT. ~A~ CEA file No. 01531-03-02 ASSOC.iAM October 29, IT . -4BFS•408 (2) - - Qascriatian of Timan Property inc7udina�dds A part of the Southwest One -Quarter (Sit 1/4) a the Southeast One -Quarter SF 1141 and Goverment Pat 4 in Section 12,.Township 12 South, Range 13 East, 6t1a and Salt River Meridian, Pima County, Arizona, described as' follows: f . BEGINNING at the Narthe&54' corner of said tot 4; THE S 00119117` E along the East line of Said Lot 4 a distance of 753.A4 fezt La the nak North right-of-way line of Lambert Lane; ii3 M S 89'49144" u along the said North right-of-way line a distance of 9S8.50 feat to a point of c►tmtist•e of a tangent curve concave to the North; THMCl Vesterly along the said North right-of-way fine, along the arc of said curve, to the right, having a radius of 75.00 feet and a central angle of 36'52'=2` for an.4m distame of 48.26 feet to a point of •• reverse curvature of A tangent Curve concave to the South; THEKEliresterly along the said North right -of -Kay tire, along thh arc of said curve, to the left, pavinga radius of 73.00 feet and a central . angle 0 3VIV12 for as arc istance of 48.26 Peet to a point of reversoi curvature of a tangent curve concave to the North, said curve being the original hoorah Pght-of-way line of Lambert.Lane; 790= Hesterly along the; said North right -of -tray Sine, along the arc of said cove, to tba right,'having a radius of 1,834.86 feet and a central angle of 25'15.46" for an art distance of $09.01 feet to the non -tangent East line of the Canada del Oro; i iHEHa 1'( 72'0111Sg' E aloab the said East line a distance of 790.73 feet to a point of curvature of s tangent curve concave to the Northf IVENC9 i:gsterly along thelszid East liAe, along the arc of said curve, to the left, having a radius=af 5,799.5a feet and a central angle of 08•69,397 for an arc distance of a0.4s feet to the non -tangent ftnrth line of laid tot 4; 7HUCE N 89.55.220 E aior to the V0;HT OF SESWING tontiining 19.9470 acres, • Prepared gy: the said North line a distance of 311.27 feet or less. Cf11A 8ARR1 ASSOCIATES Aw- %P* , 1 ' Bruce F. Small, R.L.S. I Cgcrs r+7..cson pe oen.. a.w $00W Mona u+e-+ee++ro • +�+n�no • sur.��ai+np • cnr+alKecp. tia+�ec+uie • H►aroww .. ..s -�.....•.�a1�'�—fa;,�t..+1•�tSTSY•i1GF1'=-- .w••.r-.. 1 2 ORDINANCE NO. Q99- 60 AN ORDINANCE AMENDING AND EXTENDING THE TOWN OF ORO VALLEY TRANSLATIONAL ZONING FOR THE PROPERTY KNOWN AS THE TI AN PROPERTY, WHICH WAS ANNEXED INTO 7M TOWN OF ORO VALLEY BY ANNEXATION ORDINANCE NO. m 94-29. AND ZONING TRANSLATED BY ORDINANCE NO. O 95-33 AND REPEALING ALL ORDINANCES IN CONFLICT IMEWTTH WIIEREAS, on the--1pth_ day of December. 19", the Totem of Oro Valley, by Ordinance Number -29 annexed certain real property known as the Tunas Property, said property being located south of the Caa"ada del Oro Wash, west of the old North Fast Avenue aligau=a and north of the Rock Ridge Apartments site (aka Cancha del Golf); and WHEREAS, the Town of Oro Valley is required by applicable State statate to apply appropriate and comparable Town municipal zoning to anammd areas; and WMMEAS, the Town of Oro Valley translated the zoning for certain real property known as the Tinian Property on May 17*,1995, by Ordinance Number O 95-3 : NOW, THEREFORE, BE ri' ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SEC TOM. That the translational zoning for certain real property known as the Tian Property, is hereby amended to Oro Valley C-2, and its associated permitted eases, with the conditions listed in Exhibit "A" attached herewith. SECTION 2. That the C-2 translation zoning for certain .real property known as the Tinian Property, is hereby extended and shall exore on December 310, 2003, and zaWng an said property shall revert to R1-144. SECTION 3. That all ordinances and parts of ordinances in conflict herewith be and the same arc hereby repealed to the cx= of sucb conflict; ES CITON 4. That this ordinance and the various parts thereof are hereby declarod to be I sevembie. If any section, sub -section, sentence, clause, word or phrase of this ordl=m is, ; for any reason, held to be unconstitutional, such boldings shall not affect the validity of the 8 remaining portion of this ordinance. SEC TTONN S. Any person found guilty of violating any provision of this code shall be guilty of a misdemeanor and, upon conviction thereog shall be punished by a fire of not to exceed one thousand dollars or by iinprissonmeat. Each day that a violation continues shall be { a separate offense punishable as described herein. ' r. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 15th day of December , 1992.. Paul H. Loomis, Mayor ATTEST: &, r, -, �,: e" a � Kathry Cavelier, Town Clerk APPROVED AS TO— — FORM —Dan L. Dudley, Town Attome PUBLISH: Daily Terrltorlal January 18, 19, 20, & 21, 2000 POSTEN January 12 - February 11, 2000 rg Zi (0)99-60 EX, A. — REVISED E3t14Mrr "A" TOWN COUNCM CONDMONS FOR APPROVAL OV9 95-7 TMMN PROPERTY TRANSLATION ZOATWG EXTENSION 1. All current ordinances in the Oro Valley Zoning Code Revised (OVZCR) shall apply. 2. The property owner shall be responsible for dedication of an approximately 100' wide right-of-way on the Property for future improvements to Pinch View Lane. The final location of the right-of-way dedication shall be reviewed and approved by the Town Engineer. 3. The property owner shall provide a public wail head area, with a minimum of ten parking spaces, for public access to the Canada del Oro wash. The trail head shall be developed in concurrence with any development plan or plat for the subject property. 4. Oro Valley R-6 uses shall be permitted to a maximum residential density of 12 dwelling units per acre, developed in accordance with all other applicable Oro Valley R-6 zoning district development standards. i A ig TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Division 11000 North La Canada Drive, Oro Valley, AZ 85737 Phone: 229-4800 Fax: 742-1022 BRENT SMCLAIR, AICP BRYANT NODINE, AICP Director Planning & Zoning Administrator CERTIFICATE OF COMPLIANCE DATE , 20_ REZONING CASE OV9-95-7 Timan Property — Translation Zoning Extension ZONE CHANGE Pima County CB-1 to Oro Valley C-2 ZONING BASE MAP OWNERS Conquistador Properties, L.L.C. Attention: Mr. Glenn Luchies Managing Partner 700 Main Avenue Durango, CO 81301 APPLICANT Same ORDINANCE NO. (0)99-60, adopted December 15, 1999 ACREAGE 19.8 acres TAX PARCEL NO. 224-28-1430 REZONING CC&R's None required This letter certifies that you have satisfied the applicable rezoning conditions for the above - referenced rezoning case. The rezoning conditions still apply to your property. A copy of the recorded rezoning ordinance is enclosed for reference to the rezoning conditions. All use of the property represented in the rezoning case must comply with the rezoning conditions. If you have any questions about your case or the restrictions on your property, please call the Planning & Zoning Section at (520) 229-4800. Bryant Nodine Planning & Zoning Administrator GENERAL NOTES 1. THE GROSS AREA OF THIS SUBDIVISION IS 744,178 SF OR 11.098 ACRES MORE ON LESS. 2. THE TOTAL MASER OF LOTS 13 It. 3. THE TOTAL MILES OF NEW PUBLIC STREETS IS 0.0 MILES. THE TOTAL MILES OF NEW PRIVATE STREETS IS 0.4 MILES. 4. THE TOTAL AREA OF OPEN SPACE IS 17.1009. THE PERCENTAGE OF SITE WHICH IS WEN SPACE 15 10.4% THE TOTAL AREA 1N DRAINAGE VATS IS SG.TDO SF. I. THE MINIMUM LOT SIZE IS 27.2T9 SF 8. THE AVERAGE LOT SIZE IS 43.814 SF RECUIRED/ALLOIEO PROPOSED 1. SITE/LCT AREAL 10 ACMES MIN 11.1 APES WILDIFD HEIGHT IN): 30' MAX 30' MAX SETBACFSt NCRTNt CANAOA DEL OD VASN 0' -- EAST: C-2 0' SOUTNi PUBLIC STREET 20' MIN 20' MIN 8. REFER TT APPROVED DEVELOPMENT PLAN OVIZ-03-22 FOR PARKIN AND LOADINS SPACES F£O)IREMENTS S. EXISTING AND PROPOSED ZONING IS C-2 (COBERCIALI. 10. THIS PRWECT WILL K SERVED BY TOWN OF WA VALLEY (O.V.) WATER UTILITY WHICH HAS DESIGNATED AS HAVING AN ASSURED 100 YEAR WATER SUPPLY IN THE DIRECTOR OF WATER RESOURCES. 11. NO FIR7VER SUBDIVISION OF ANY LOT OR PARCEL SHOWN WILL BE DONE WITHOUT THE WRITTEN APPROVAL OF THE ORD VALLEY TOMB COUNCIL. 12. BASIS OF BEAIR1NGi THE EAST LINE OF SECTION 12 BETWEEN THE SOUTHEAST CORER AND THE EAST OUARTER THEREOF. PER TOWN OF ORO VALLEY PUSCH VIEW LANE EXTENSIIN PLANS BY RS ENGINEERING. JOB No. 0204.00. SAID BEARING BEING NORTH 00050,31•WIES7. 13. THE BASIS OF ELEVATION IS PANEL POINT 031 IN CONCRETE DEC& OF ORAINAOEWAY PER SAID R$ ENGINEERING PLANS. SAID ELEVATION BEING 25M.52 IMAMS DATUM). SUBTRACT 2.1' FROM NAM$ DATUM AS SNOWY HEREON TO ARRIVE AT FEW DATUM PER FEMA RU EREMCE NUR& 0047. 14. THE PROFESSIONAL ENGINEER W RECORD SHALL CERTIFY AS TO THE FORM. LIME AND FUN(TION OF ALL PUBLIC AND PRIVATE ROADWAYS AND DRAINAGE STRUCTIAES BEFORE T)E RELEASE OF ASSURANCES. 15. THE PROPERTY OWNER. MIS SUCCESSOS. ASSIGNS OR A DESIGNATED PROPERTY OWNERS ASSOCIA-ION AGREES TO: 11 KEEP ALL REQUIRED LANDSCAPED AREAS MAINTAINED IN A WEED FIVE. TRASH FREE CODITIONt 2) REPLACE ANY DEAD PLANT MATERIALS WITHIN 90 DAYS ANDi 3) MAINTAIN THE IRRIGATION SYSTEM IN PROPER WORKING ORDER. 16. PER AGRI.E ENT WITH THE TOWN OF CIO VALLEY. PARKS AND RECREATION DIVISION. THE PROPOSED TRAIL HEAD WILL HOT BE IEOUIRED TO BE DEVELOPED BY THE APPLICANT UNTIL THE TOWN COMPLETES THIS PORTION OFTHE RIVERVALK TRAIL. OR LOT 5 IS DEVELOPED. WHICHEVER IS FIRST. 11. A CONWCTION TO THE TRAIL HEAD FROM THE NIVERWALK TRAIL WILL BE MADE BY THE TOMB PURSUANT TO A 15.000 CONTRIBUTION BY THE APPLICANT TO THE TOWN TO COVER COSTS O' THIS IMPROVEMENT. 18. AT THE -IME A TRAFFIC SIGNAL IS WARRANTED AT THE INTERSECTION OF THE PROPOSED MIDDLE ACCESS. THE DEVELOPER f BUSINESS OWNER ASSOCIATIONS SHALL INSTALL THE SIGH& AT THEIR EXPENSE. 19. THE PROFESSIONAL ENGINEER OF RECORD SHALL SUBMIT AS -MILT RECORD DRAWINGS AND CERTIFY IN WRITING THAT ALL IMPROVEMENTS. WHETHER PRIVATE OR PUBLIC. HAVE BEEN CONSTRUCTED. PLACED. INSTALLED, ETC. IN SUBSTAIfrIAL CONFORMANCE WITH THE ACCEPTED PLANS FOR THIS DEVELOPMENT. CERTIFICATIONS. IN WRITING. ARE TO BE RECEIVED BY THE TOWN OF ORO VALLEY A MINIMUM OF TWO (2) WEEKS PRIOR TO THE REQUEST FOR CERTIFICATES OF OCCUPANCY AND/CR I'IMIAL INSPECTION BY THE DEPARTMENT OF PUBLIC VMS AND THE RELEASE OF ASSURANCES. EXEPT FOR MODEL HOMES INTENTED TO BE USED FOR SALES PURPOSES. IF THE PROJECT IS PHASED THE ABOVE PERTAINS TO EACH PHASE. 20. CROSS ACCESS EASEMENTS FOR ALL. LOTS KAYE BEEN PROVIDED AS OOCUENTED IN THE C04N'W. 21. MATERIALS WITHIN SICHT VISIBILITY TRIANGLES SMALL BE RACED SO AS NOT TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO HORIZONTAL LINES LOCATED 30 INCHES AND 72 INCHES ABOVE FINISHED GRADE OF THE ROADWAY SURFACE. ITOWN OF ORO VALLEYS PROJ#:OV12-03-022A ZONE: SEE NOTE #9 Adm. Address: 615 E PUSCH VIEW LN D rl DIDII • 1 FINAL PLAT FOR M]E]E$CADO D]E]L lEg10 LOTS 1-16 AND BLOCK "A" I_________________________________________ D , SHMET S 1 i 1 $ 1 SCALE: 1 • • - 1 ` OR?- - - - - - - ! I SHEET 2 E 1 GPN� 1 I 10 11 I __.9---------------------- I I 1 g tC 1 I 7Iw- I 1 6 M1 A�12w I 15 I BLOCK "A" .,-�� 1 d< 11< °� I_ N '¢ a i 4 c i r�il I 1 N16 I I <W I N ■� 1 _ 11 I so1 Us 3i 2 1---li-- Wms 9--- 14-I-1 U 13-- - � Q X � CANCHA DEL GOLF 1 ,�1----------- LOTS I THRU 5 SHEET 41I r------ . --------T BK 40; PG 39 1 1__________________________1 WATER ADEQUACY APPROVALS A CERTIFICATION OF ASSURED WATER SUPPLY HAS BEEN RECEIVED FROM THE DIRECTOR OF I.I�� IYh �.0 (,i/ WATER RESOURCES. THAT THIS T WAS DYED BY THE MAYOR AND COUNCIRK OF THE L OF THE TOF OWN OF IEREBT CERTIFY ORO VALLEY ON THE I-` OAT O. 2004. BYt "o- D. /-/- �/, y/d S- WATER UTILITY DIRECTOR jDATE ASSURANCES ASSURANCES IN THE FORM a� JRD I T FROM LAIIYERS TITLE AGENCY OF ARIZONA AS RECORDED IN DOCKEi1IS74.PACE�HAS BEEN PROVIDED TO GUARANTEE DRAINAGE AND STREET IMPROVEMENTS IINCLUOINO MCMRENTSI AND UTILITY IMPROVEMENTS ( ELECTRIC. TELEPHONE. GAS. SEVER. WATER) IN THIS SUBDIVISION. BYi �c �1e�.Jlt DATE ASSURANCES IN THE FORA OF $O �� . FROM . IN THE AMOUNT OF. HAVE BEEN PROVIDED TO GUARANTEE THE RESEEDING OF THIS SUBDIVISION IN THE EVENT THE PROJECT IS ABA NDONED. BYt rSGf/� - 1/y r Moa(o< oc Cr0 vc\\e.l DATE NO FINAL INSPECTION FOR ANY LOT WITHIN THIS SUBDIVISION SHALL BE APPROVED UNTIL A BUILDING CODES OFFICIAL HAS VERIFIED THAT CONSTRUCTION ON THE LOT IS COMPLETED AND SIDEWALKS HAVE BEEN INSTALLED. PROPERTY LINE TO PROPERTY LINE. RECORDING ANNOTATED COPY \\srv-tucl\RlckStandards\NolotVIO\Pan\B830.o■n CLERK TOM OF ORO VALLEY DATE THIS PROJE LEGEND 3' 10 • lh' REBAR TO BE SET AFTER COMPLETION OF CONSTRUCTION PER A I e FOUND MONUMENT AS NOTED �■� SUBDIVISION BOUNDARY PROPERTY LINE EASEMENT BOUNDARY [4 SECTION CORNER DEDICATION LOCATION MAP SECTION 12. T 12 S. R 13 E G A SRN. TOWN OF ORO VALLEY PIMA COUNTY, ARIZONA 1. THE IANDERSIGED. NE)EBT WARRANT THAT I W ALL AND THE ONLY PARTY RAVING ANT RECORD TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT AND I CONSENT TO THE SUBDIVISION OF SAID LAND IN THE WOO SHOWN HEREON. EXCLUSIVE EASEMENTS AND TRAIL HEAD RIGHT-OF-1AT FOR TOM USES AS SHOWN NEREON ARE HEREBY DEDICATED TO THE TOWN OF ONO VALLEY. PRIVATE EASEMENTS AS SHOWN HEREON ARE RESERVED FOR THE PRIVATE USE AND CONVENIENCE OF ALL DINERS OF PROPERTY WITHIN THIS SUBDIVISION AND ARE DEDICATED AS EASEMENTS TO TOWN OF ORO VALLEY. PIMA COMITY AND ALL UTILITY COMPANIES FOR THE INSTALLATION AND MAINTENANCE OF UNDERGROUND DTILITIES AND PUBLIC SEVERS. TITLE TO THE LAND OF ALL PRIVATE STREETS. DRAINAGEWAYS, PRIVATE SEVERS. AND COMMON AREAS SHALL BE VESTED IN AN ASSOCIATION OF INDIVIDUAL, LOT OWNERS AS ESTABL SHE_ WITMICUCII I CONDITIONS. AND OF RESTRICTIONS SST PICOUNTY RECORDED 1N DOCXETIZ'U1TF AT PACESTHE RECORDER. THE ASSOCIATION WILL ACCEPT RESPONSIBILITY FOR CONTROL. MAINTENANCE. AND LIABILITY FOR TIE PRIVATE STREETS, DRAINAGEWAYS. PRIVATE SEVERS. AND COBOL AREAS WITHIN THIS SUBDIVISION. I . THE LNDERSIGHED. MY SUCCESSORS AND ASSIGNS. 00 HEREBY SAVE TOWN OF ORD VALLEY. ITS SUCCESSORS AND ASSIGNS. THEIR EMPLOYEES. OFFICERS AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS FOR CANAGES RELATED TO THE USE OF SAID LAM HOW AND IN THE FUTURE BY KUM OF FLOODING. FLOWAGE. EROSION OR DAMGE CAUSED 81 WATER. WHETHER SURFACE. FLOOD OR RAINFALL. IT IS FURTHER LIDERSTOOD AND AGREED THAT NATURAL DRAINAGE SHALL NOT BE ALTERED. DISTURBED OR OBSTRUCTED WITHOUT APPROVAL OF THE ORO VALLEY TOWN COUNCIL. LAWYERS TITLE AGENCY OF ARIZONA. AS TRUSTEE LACER TRUST NO. 18000-7. AS TRUSTEE ONLY AND HOT IN ITS CORPORATE CAPACITY. Btt • PURSUANT TO A.R.S. SECTION 33-404(e). THE NAME MID ADDRESS OF THE S TOLE BENEFICIARY OF TRUST NO. 18080-T. DESCRIBED ABOVE AS DISCLOSED BY THE RECORDS OF SAID TRUST IS: IERCADO DEL RIC. LLC 1980 EAST PALISADES ROAD OD VALLEY, ARIZONA 85737 PIMA COUNTY WASTEWATER MANAGEMENT DATE STATE OF ARIZC4NAI SS. 'cifCOUNTY IF ►111A TOWN ENGI DATE 'THE.f EGOINO II NT WAt_A�I(NQREDGED BURGLE ME THISZDAY OF. 2004. er . OF LAWYERS TITLE AGENCY OF ARIZONA.T ND. 1e060-T. - OfngµI f - NANCY L WILLB OT \ wR�•1' ..J°J°v`'"■ ""'•""'�� TL�6C.Oy PIMA COUNTY ZONIN INISTRATOR DATE NOT T PUBS t s117 oe CERTIFICATION OF SURVEY I HEREBY CERTIFY THAT THE BOUNDARY SURYET AS SHOWN ON THIS PLAT WAS PERFORMED UNDER MY DIRECTION AND THAT ALL EXISTING OR PROPOSED SURVEY MONUMENTS AND MARKERS SHOWN ARE CORRECTLY DESCRIBED. 1 FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION. 1IICA DOUGLAS DOUG.AS E. SCHNEIDER R.L.S. 174T9 SEE DP'S Gt•3243*3243fDOI.don 1 HEREBY CERTIFY THAT THE 100 YEAR FLOOOPROE LIMIT AND EROSION NAZARO SETBACK WERE REVIEWED AND SHOWN ON THIS PLAT WADER MY SUPERVISION. INCHE WITHIN PROJECT BOUNDARY) 74 A ON BRUCE PATON P.E. 2804 M EORCAtDO DjEfL RIO LOTS 1-16 AND BLOCK 'A' FOR ADDRESSING CALF LOCATED IN RI toTHE °` ORD:AL E;. PIMA COUNTY. ARIZONA. OV12-03-22A SCALE I• ■ 12D'.' 8/11/D4 SHEET 1 OF 4 18-NOV-2004 JayEy 4 _ °I Conditional Tse Permit Planning and Zoning Commission Staff Report FOUNDED 91> CASE NUMBER: OV814-003 - Caliber Collision Auto Center MEETING DATE: January 6, 2015 AGENDA ITEM: 3 STAFF CONTACT: Michael Spaeth, Senior Planner mspaeth(ab-orovalleyaz.gov (520) 229-4812 Applicant: Chen Architects, Ming Chen Request: Conditional Use Permit to allow auto body repair facility Location: Mercado del Rio shopping center Lot 11. North of Pusch View Lane, approximately'/ mile west of the Pusch View Lane and Oracle Road intersection. Recommendation: Approve with the conditions listed in Attachment 1. SUMMARY: The applicant requests a Conditional Use Permit (CUP) to operate an auto body repair use on Lot 11 of the Mercado del Rio shopping center, located north of Pusch View Lane approximately'/ mile west of the intersection with Oracle Road. The subject property encompasses approximately 1.2 acres and currently contains an existing car wash facility which has ceased operation. The proposed auto body repair use requires a CUP in a Regional Commercial (C-2) Zoning District. The proposed use will utilize the existing car wash structure and outdoor canopy area, with building renovations primarily taking place on the interior of the building. The applicant is proposing to add two new overhead coiling doors, relocating the existing mobility -impaired accessible parking spaces and adding new parking space striping. The renovated building will serve as an auxiliary facility to the existing Caliber Collision Automotive Service center on Lot 12, immediately south of the subject property. The proposed facility will include a vehicle body "prep" area and an employee break room. The majority of the business operations will remain in the building to the south. The proposed use will include temporary outdoor storage of vehicles awaiting service. A condition has been added to Attachment 1 to add additional screening along the northern property line to further screen stored vehicles. The applicant's 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. 6 OV 814-003 Caliber Collision Automotive Service Center Planning and Zoning Commission Staff Report BACKGROUND/DETAILED INFORMATION: Page 2 of 8 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. Land Use and Zoning EXISTING LAND USE GENERAL PLAN ZONING SUBJECT Existing Vacant Car Community/Regional Regional Commercial PROPERTY Wash Commercial (C-2) NORTH Canyon del Oro Wash Open Space Single-family Residential (R1-144) SOUTH Caliber Collision Auto Community/Regional Regional Commercial Service Center Commercial (C-2) EAST Rooney Ranch Community/Regional Rooney Ranch PAD Shopping Center Commercial WEST Vacant (Mercado del Community/Regional Regional Commercial Rio shopping center) Commercial (C-2) Approvals to Date • May 2004: Mercado del Rio Master Development Plan/Preliminary Plat approved by Town Council. • October 2004: Mercado del Rio Final Plat approved by Town Council. • May 2005: Conditional Use Permit for Car Wash approved by Town Council. Existing Site Details The proposed auto body repair use will occupy the existing car wash facility on Lot 11 of the Mercado del Rio shopping center. The existing building consists of the following: • Approximately 8,345 sq. ft. including: o Wash tunnel o Offices o Equipment and detail area • Approximately 3,550 sq. ft. outdoor canopy area, fully screened from adjacent properties OV 814-003 Caliber CollisiorMutomotive Service Center Page 3 of 8 Planning and Zoning Commission Staff Report • Building height of 28'8" • Five (6) foot screen wall along the west and southwest property lines • Three (3') foot screen wall along the east property line • Three overhead coiling door bays facing east (away from interior streets) Request Detail The applicant's request is summarized as follows: • Leave the exterior of the existing building primarily unchanged and renovate the interior of the existing car wash facility. • Construct two additional overhead coiling doors oriented east, away from interior roadways. The new coiling doors are proposed adjacent to the three existing coiling doors and will be designed to architecturally match the existing doors (see Attachment 2 — Pg. 4). • The relocation of the existing mobility -impaired accessible parking spaces. • New parking along the east property line. The new and relocated mobility -impaired accessible parking spaces will be reviewed by staff during the building permit process. • Interior renovations will include: o The removal of all existing car -wash equipment and remodeling to accommodate interior space for vehicle body work. o The modification of one bay into a detail/wash bay for future use. o Minimally updating the second floor office space and existing restroom facilities. DISCUSSION/ANALYSIS: Conditional Use Permit Analysis The Conditional Use Permit Review Criteria contained in Section 22.5 provide the primary guidance for evaluating conditional uses. Conditional Use Permits may be granted based on consideration of the following criteria shown in italics, followed by staff commentary: 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, smoke, odor, dust, vibration or illumination; The proposed automotive service operations will involve vehicle body "prep" work, including bonding, hood replacement, fender repair, hail damage repair and windshield replacement. These types of repair operations may minimally contribute to existing noise levels; however, the applicant has stated operations will take place entirely within the confines of the building with the overhead doors closed. Any impacts from noise OV 814-003 Caliber Collision Automotive Service Center Page 4 of 8 Planning and Zoning Commission Staff Report generated by these repair operations will be further minimized by the existing screen walls and landscaping. The type of operations anticipated for the facility do not include activities that produce excessive amounts of odor or smoke. Within the facility a negligible amount of dust will be produced during vehicle body work. Operations will take place with the overhead doors closed, therefore no dust is anticipated to be emitted outside of the building. Regular operations are not anticipated to produce excessive amounts of vibration or illumination. 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 utilize a low -volume of automotive cleaning agents, vehicle body work tools, electronic devices and an air compressor. The anticipated business practices would not be expected to create hazards generated by explosion, contamination, fire or flood. The proposed use is comprehensively regulated by the International Building and Fire Codes. Typical emergency response systems currently exist in the vacant car wash building including fire sprinklers and oil -water separators to protect against off -property contamination. Hazard occasioned by unusual volume or character of traffic. The everyday business operations are not anticipated to generate unusual volumes or character of traffic. The applicant has stated the need to temporarily store vehicles outside in the parking lot while awaiting service. The original mitigation measures employed for the car wash, the screen walls and additional landscaping, will serve to thoroughly screen vehicles from the adjacent properties and roadways. A condition has been added to Attachment 1 to add additional landscaping along the north property line to ensure the storage of vehicles are adequately screened from multi -use path north of the property. That the characteristics of the use proposed in such use permit are reasonably compatible with types of uses permitted in the surrounding area. Lots 11, 12 and 13 of the Mercado del Rio shopping center were identified as those where automotive uses are permitted. The proposed auto body repair use will utilize the existing car wash building which will be renovated to serve the intended purpose. The subject property is located adjacent to the rear of the commercial properties to the west and is the furthest lot from Pusch View Lane. Repurposing the existing building and utilizing the mitigation measures implemented for the car wash, will ensure the proposed use will have a minimal impact on surrounding areas. OV 814-003 Caliber Collision Automotive Service Center Page 5 of 8 Planning and Zoning Commission Staff Report The approved Landscape Plan established all required buffer yards. A condition has been added to Attachment 1 to require additional landscaping along the northern property line to further screen the vehicle storage from the nearby multi -use path. General Plan Compliance The subject properties are designated as Community/Regional Commercial on the General Plan Future Land Use Map. The Community/Regional Commercial General Plan land use designation is defined as: "This designation is for commercial areas at the intersections of principal arterials." The subject property is a component of the larger Mercado del Rio shopping center. The applicant' proposal is consistent with this General Plan land use designation. Conditional Use Permit applications are also evaluated for consistency with the Vision, Goals and Policies of the General Plan. The following section provides analysis relative to the consistency of the Conditional Use Permit request with the General Plan Vision and key General Plan Goals and Policies. Excerpts from the General Plan are shown in italics, followed by staff comment. To be a well planned community that uses its resources to balance the needs of today against the potential impacts to future generations. Oro Valley's lifestyle is defined by the highest standard of environmental integrity, education, infrastructure, services, and public safety. It is a community of people working together to create the Town's future with a government that is responsive to residents and ensures the long-term financial stability of the Town. Goal 1.3 To promote a compatible mix of land uses throughout the Oro Valley Planning Area The applicant's proposal is to occupy an existing, currently vacant building representing an opportunity for infill development. The subject property is located within a service commercial development in close proximity to a principal arterial intersection. The facility is located on Lot 11 within the shopping center, furthest from existing residential and fully screened from public roadways. The applicant's proposal to utilize an existing building located within an existing shopping center near similar uses is consistent with both the General Plan Vision and this General Plan Goal regarding a compatible, well balanced community. Zoning Code Analysis Auto body repair requires a Conditional Use Permit -in the Regional Commercial (C-2) zoning district to ensure the type and character of operations won't negatively impact neighboring properties. The subject property is located within an existing service commercial development and is the furthest lot from Pusch View Lane. Subsequently, the nearest residential is located approximately 650 feet across Pusch View Lane. The approval for the car wash included additional screening requirements to mitigate against any potential impacts to nearby OV 814-003 Caliber Collision Automotive Service Center Page 6 of 8 Planning and Zoning Commission Staff Report properties. These mitigation measures will similarly be utilized to screen the daily operations of the auto body repair use. Engineering The applicant's proposal acknowledges that the site will remain in its current state. As a result site drainage will be maintained per the approved site improvements. The use of the new building as proposed will not generate additional traffic as only employees will utilize the new building as additional workspace for the existing building. Patrons of the business will not conduct business or utilize the new building. Therefore, the traffic impact to the surrounding street network as a result of this use is negligible. 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 • Letter to all individuals that attended the neighborhood meeting. • Posting at Town Hall • All registered HOAs Neighborhood Meetings A neighborhood meeting was held on December 13, 2014 with approximately 3 residents and interested parties in attendance. Notable discussion topics included: • Compatibility with neighboring properties • Neighborhood buffers • Traffic • Noise • Potential nuisances from vehicles parked outside A copy of the neighborhood meeting summary has been included as Attachment 5. No additional comments or concerns have been received by Staff. RECOMMENDATION: Based on the following findings: OV 814-003 Caliber CollisioWutomotive Service Center Page 7 of 8 Planning and Zoning Commission Staff Report • The proposed use will not be materially detrimental to the public health, safety or welfare • The proposed use is consistent with the Conditional Use Permit Review Criteria. • The proposed use will utilize an existing, currently vacant facility, thereby promoting infill development. 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 OV814-003, subject to the conditions on Attachment 1. SUGGESTED MOTIONS: I move to recommend approval of the Conditional Use Permit for the Caliber Collision Automotive Service center, based on the findings in the staff report. Nomove to recommend denial of the Conditional Use Permit for the Caliber Collision Automotive Service center finding that ATTACHMENTS: 1. Conditions of Approval 2. Applicant's Proposal 3. General Plan Land Use Map 4. Zoning Map 5. Neighborhood Meeting Summary Bayer Vella, terim Planning Manager Attachment 1 Conditions of Approval Planning and Zoning Commission January 6, 2015 Planning Conditions 1. Screening must be provided along the northern property line to ensure stored vehicles are not visible from the shared use path along the Canyon del Oro Linear Park. . t.. CROSS t development TO: Michael Spaeth AICP, Senior Planner Development and Infrastructure Services Town of Oro Valley 11000 N. La Canada Drive, Oro Valley, AZ 85737 (0) 520.229.4812, mspaeth@orovalleyaz.gov FROM: Mike Stults — mil<e@crossdevelopment.net RE.: Project Narrative — Conditional Use Permit Caliber Collision 625 East Vuelta Caminata del Rio, Oro Valley, AZ 85737 DATE: October 27, 2014 Please allow this Project Narrative to address the specific 2.0 Plan Content directives in the Oro Valley Zoning Conditional Use Permit application. I. PROJECT NARRATIVE: a. Details about the type of proposed operation (including hours of operation) The existing site/facility consist of an existing stucco building (with drive -through canopies), landscaping, site -lighting and paving improvements. This facility was previously operated as a Full -Service Car Wash facility and now sits vacant. The intent of this project shall be to remove the Car -Wash equipment and perform interior remodel so that the space may be used for Automotive Repairs. Under this scope of work, the shop will utilized as an auxiliary facility to the existing Caliber Collision full service Automotive Body and Paint Shop that sits immediately to the South of the subject property. Whereas, Caliber Collision will conduct vehicle repairs that do not require utilization of Paint -Booth. The Paint -Booth in their existing/adjacent facility will remain as their sole facility for those purposes. For future consideration, Caliber would like to reserve the right to wash vehicles within the interior of the facility under review. So that the City may confirm that code compliance will be met, a Future Car Wash Bay/Bid-Alternate design detail will be provided in the Permit Submittal Drawings. The design will show that use of the existing drive -through Automatic Car -Wash plumbing (i.e., oil -water separator) and floor drains can be easily converted into an interior hand -wash stall. The design will confirm that Page 1 of 14 ATTACHMENT 2 water-flow/drainage calculations, proper construction techniques and materials more than satisfy all associated local, state and federal design guidelines. Further comments on property and personal safeguards are included within the Section 2.1.D of Conditional Use Permit Application section of this narrative. This shop will be operated/managed by Caliber Collision. This will be an auxiliary facility to their existing/neighbor building. The hours of operation shall coincide with the existing facility: Monday — Friday 9:00 a.m. — 5:00 p.m. b. Square Footage New Tenant Improvements to the existing 8,345 SF building on a 1,27 Acre (55,151 SF) site located at 625 East Vuelta Caminata del Rio, Oro Valley, CA 85737. A breakout of existing vs. proposed facility square footages include the following: —A—:.... C....:I A.. I CC Drnnn<orl I nvnnt $F Retail Area/Restrooms 2,231 Technician Bays x 18 3876 Wash Tunnel 1,867 New Break room 510 Equipment Area 780 Restroom and Storage 3960 Detail Area 1,832 8345 Offices (2nd Floor) 1,635 Total Bldg SF 8,345 Page 2of14 Canopies SF Canopies SF Vacuum Canopy 1,470 Vacuum Canopy 1,470 Finishing Canopy 2,080 Finishing Canopy 2,080 Total Canopy SF 3,550 Total Canopy SF 3,550 c. The Type of Site Improvements Required. This intent of this project is primarily an interior remodel. The amount of Site Improvements required is proposed to be maintenance of the existing facilities. The following notes provide the full Scope of Work intended: This site was constructed and equipped as a full -service commercial automatic car wash facility. It includes interior wash tunnels and exterior vacuum stations (under drive through canopies). The site includes full landscaping, solid masonry perimeter screen wall, screened dumpster pad, drive lanes, parking, site lighting and handicapped accessibility into the building. The building is a 28'8" tall two story stucco building with clay tile roof and has multiple sectional coiling doors for vehicle entry, lounges, equipment storage and h/c accessible lounges. Note: An asbestos survey was received 9/16/14 which confirmed that the building does not possess asbestos containing material. a. The first floor (6,710 SF) work shall consist of: • Remove and disposal of existing car -wash equipment (see photo below). Ila • Demo — Interior office/lounge walls doors, door frames, millwork and floor finishes. Reference photo below shows lobby -space millwork to be removed. Install plywood wainscot to interior walls. Repair / Build -back — Floor (incl. fill of wash tunnel trench), interior walls, ceilings, etc.). Photo of Trench to be covered. Page 3 of 14 • Weather -Tight Roof (Panels/Insulation) over existing Wash Tunnel. Photo below shows metal deck. This roof area shall receive insulation and cover (i.e., TPO or EPDM). • New lighting layout and re -circuiting of electrical switch gear: minor change in existing interior lighting. • HVAC mods to include one (1) new five (5) ton unit (over current wash tunnel), testing/servicing existing units and new duct layout for new space plan. • Five (5) existing sectional roll-up/coiling doors to remain. Two new (10'W x 10'H) sectional coiling doors to be installed within exterior stucco/storefront wall. This will require demo and re -framing area of existing exterior wall. Reference elevations. p2'`, EAST ELEVATION • • Power -wash all concrete floor surfaces. • New Paint on all interior walls. • Misc. Minor Repairs/Repaint Exterior Walls as needed (total repaint not anticipated). • Blocking and electrical run for new wall sign (as directed by Client). • Re -Configuration (head placement) of existing wet -pipe Fire Sprinkler System. c Pipe Sizing/Spacing will be modified to be in compliance with any layout changes and new Code amendments since original install. • Remove Storefront Window Assembly on South end of East Wall. Replace with two (2) new overhead coiling doors (match other existing OHDs). New shoring/bracing of wall required. b. Canopy modifications shall include: Page 4 of 14 Removal of existing overhead pneumatic vacuum equipment, pedestals, wiring, etc. and patch wall, ceiling, floor/drive area after removal. roof -screens at both canopies. c. Site improvements shall include: • Re-configuration/relocation of handicapped parking stalls to accommodate access to the new overhead doors (South end of the East Bldg Wall). • General clean-up of landscape beds and replacement of all dead material. • Touch-up repairs in perimeter stucco wall (as needed). d. Exclusions: • Paint booths, equipment, or furniture. • Site Signage. • Pavement Repairs (other than repairs/restriping required to relocate H/C Stalls). • Exterior/Site Lighting. • Restroom Modifications (other than re -paint walls). • 2nd Story modifications (leave as -is). • Window treatment. • Low -Voltage. • New Fencing/Walls/Gates II. Section 2.1.D of Conditional Use Permit Application. The granting of such CUP will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following: i. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination. Cap Noise —The type of facility proposed shall be limited to vehicle body "prep" work and an employee break room. The proposed vehicle repairs in this facility shall be limited items such as BONDO, hood replacement, fender repair, hail damage, light interior, molding and windshield replacement. Inherently, these types of repairs are not loud enough to project recognizable sound beyond the proposed property lines. Furthermore, this facility shall operate with all exterior doors closed. The shop contains a full HVAC System that shall provide climate control year-round. With all doors closed, there should be no nuisance to neighboring properties in the way of noise. Page 5 of W Smoke — There shall be no operations on the premises that would generate smoke. All vehicle repairs performed on -site shall be limited to "Body" work. No mechanical work shall be performed (i.e., muffler, drive -shaft, engine seal replacement, etc.). The tools used for the services in this environment do not generate smoke. In the event of a fire, the facility has a fully equipment fire alarm and wet -pipe fire - sprinkler system. In addition, fire extinguishers are placed throughout the facility with placard notification and easy access (in accordance with local Fire Code). • Dust — o Within the facility, light dust from BONDO application/sanding is to be expected. The amount of dust is akin to a classroom chalkboard. At the end of each shift, any floor space that has generated BONDO dust is broom and vacuum cleaned. This would be the primary cause for any 'interior dust'. With the exterior doors being shut during working hours, none of this dust would depart the building. o Exterior —the only dust that would be on this facility would be that which blew in from adjacent properties. This facility has adequate paving, perimeter landscaping and solid block walls. Nothing that occurs on this site generates dust. Any dust that enters the site would likely attach to perimeter landscaping and not pass through to the adjacent properties. Vibration — No service that are performed on this site are known to generate vibration that would be detectible. Nonetheless, if any vehicle or machine were to enter the site that created a vibration, it would be removed and taken to a remote facility which could perform the necessary repairs. Illumination — The existing Site Lighting Poles generate subtle down -lighting. There is no requirement for the Operator to request additional exterior lighting. All interior lighting shall remain virtually undetected to adjacent properties. Furthermore, the hours of operation: 9:00 am — 5:00 p.m. should deter any requirement to illuminate the premises during dark -sky timeframes. In the event that lights were inadvertently left on over -night, the employment of perimeter screening walls, mature vegetation and down -lighting would prevent any spillover onto adjacent land. ii. Hazard to persons and property from possible explosion, contamination, fire or flood. • General — This facility will operate with a low -volume containers of automotive cleaning agents, shop towels, tools, electronic devices and an air compressor. All material shall be stowed away in accordance with business licensing/regulations, manufacturer's recommendations, OSHA, Building/Electrical/Fire/Life-Safety Codes. • Explosion/Fire — In the event of an explosion or fire, this facility's Automatic Fire Alarm/Fire-Sprinkler system shall be deployed. The Wet -Pipe sprinkler system will be active and the local Fire Department will be notified via a monitored Fire Alarm system. Pace 6 of 14 Contamination — No services are performed outside of the facility. Therefore, no contamination should be anticipated outside the facility that would not occur in any other parking spot (i.e., at an Elementary School or City Hall). Nonetheless, if any unforeseen spill were to occur, it would be properly contained and cleaned all within a paved surface. No vehicles or other activities would occur elsewhere. o Any run-off from interior vehicle washing shall process through three (3) — 2,000 gallon oil -water separators before entering public sanitary sewer lines. This system remains in -place from previous car wash drive -through service. The amount of water/collection by the oil -separators that would be used in the proposed use would be far less than 50% of that used by a full -service car wash facility. o No vehicle washing (or other services) shall be performed outside of the building. o Except for the designated wash -bay stall, no vehicle washing shall be performed within any other location within the building. o All ventilation, plumbing, lighting and equipment shall be maintained and operational during any vehicle repairs. o All repairs shall be performed by personnel who have received proper training equipment and facility training. iii. That the characteristics of the use proposed in such use permit are reasonably compatible with the types of use permitted in the surrounding area. In accordance with the active CCR's that rule Mercado Del Rio, this Lot (Lot 11) falls within the Development Plan's permitted use for Automotive Services. As the facility was previously constructed, no site or building activities are visible to Pusch View Lane, nor to any other premises within the development. All vehicles entering the site are immediately screened from ancillary view via 6' high solid masonry wall. NOTE: For specific screening of all customer/employee traffic, parking and vehicles storage, please reference exhibit enclosed (next page). The photographs show actual line -of -site from nearby lot perspectives. The ONLY development's view of this facility's parking field will be from Lot 12 (located just to the South). As prescribed in the Mercado Del Rio Covenants and Restrictions (excerpt below), Lot 12 is another designated/approved Automotive Service Use Lot. Lot 12 is also managed by the same entity that plans to run this proposed project. Upon completion of remodel, Lot 12 (Caliber Collision) will run both facilities simultaneously. Page 7of14 - -------------- T12S. R14E NOTE. ME PERIMETER BLOCK WALL PREVENTS VIEW Of ALL STORAGE PARKING ;AOM ALL 'NON VOUELI RUM' PROPERTIES AND COMMON AREA URNE A615 AND BEYOND. Page 8 of 14 ®I`V'F_=1_C>RMENT PLAN FOR= MERCADO DEL RIO LOT 11 WULL ! � IT ..; fid A:a tor♦ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MERCADO DEL RIO THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MERCADO DEL RIO (this "Declaration") is made and executed as of higimm4L Z9- , 2004, by Lawyers Title Agency of Arizona, Trust No. 18080-T, which is Declarant. ARTICLE 5 PERMITTED USES AND RESTRICTIONS 5.2 Automobile Services Uses. Automobile services uses shall be limited to Lots 11 through 15. All automobile service and repair activities on those Lots shall be screened from view such that the automobile service and repair activities are visible neither from Pusch View Lane nor from any other non -automobile service use Lots within the Mercado del Rio development. • This shop will be operated/maintained by the same Caliber Collision shop that is currently in operation next door. • Notwithstanding the above, the following "Mercado Del Rio CCR's" regulations shall be upheld: Page 9 of 14 5.7 Mineral Exploration. No Lot nor Block A shall be used in any manner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, earth or any earth substance of any kind. 5.8 Trash Containers and Collection. No garbage or trash shall be placed or kept on any Lot or Block A, except in bins designated by the Board. All trash receptacle enclosure areas shall have gates with self -closing latches. The Board may adopt such reasonable Rules as it deems necessary regarding bins and collection of trash, including Rules to be in force on a temporary basis during any period of construction of Improvements on any Lot or Block A. All rubbish, trash or garbage shall be promptly removed from all Lots and shall not be allowed to accumulate thereon. No outdoor incinerators shall be kept or maintained on any Lot or Block A. 5.13 Vehicles. No vehicles may be stored on the Property overnight other than vehicles directly used in the active conduct of uses or businesses being conducted on the Property, and such vehicles may only be stored on the Lot on which such use or business is being conducted. All vehicles parked on the Property must fit into a single designated parking space. The Board shall have the authority to enact reasonable Rules relating to vehicles and traffic on the Property. 5.14 Lighting. The Board may enact Rules relating to internal and external lighting on all portions of the Property. The rules may be all encompassing, including regulating wattage, direction, times when lighting is permitted and any other rule relating to lighting. 5.15 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate upon any portion of the Property for any unreasonable time, and no odors shall be permitted to arise therefrom, so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other portion of the Property in the vicinity thereof or to its Owners or Occupants. No loud, noxious or offensive activity shall be carried on or permitted on any Lot, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to Persons or property in the vicinity of such Lot, or which shall interfere with the quiet enjoyment of each of the Owners and Occupants provided, however, that the activities of, and consequences stemming from, uses and business conducted on the Property in accordance with Applicable Law and, if required, approved by Declarant, shall be deemed to be not in violation of this provision. The Board shall have the right to determine, in its sole discretion, whether the provisions of this Section 5.15 have been violated. Any decision rendered by the Board shall be enforceable and be binding in the same manner as other restrictions in this Declaration. 5.16 Drainage. No Owner or Occupant or other Person shall interfere with the drainage established for any portion of the Property by Declarant. No Owner or Occupant or other Person shall obstruct, divert, alter or interfere in any way with the drainage of ground and surface water upon, across or over any portion of the Lots, Common Use Areas or other portions of the Property, including, but not limited to, construction or installation of any type of structure or vegetation. 5.11 Heating, Ventilating and Air Conditioning Units. No heating, air conditioning or evaporative cooling units or equipment shall be placed, constructed or maintained upon the Property in any places other than as permitted under the Design Guidelines. Page 10 of 14 5.18 Environmental Protections. No Lot nor Block A, nor any Improvements on any Lot or Block A, shall be used to generate, manufacture, refine, transport, treat, store, handle, dispose of, transfer, produce or process Hazardous Substances or solid waste, except in compliance with all applicable federal, state, and local laws or regulations. For purposes of this Section, "Hazardous Substances" shall be deemed to include pollutants or substances defined as "hazardous waste," "hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") as amended by the Superfund Amendments and Reauthorization Act of 1986 (PL 99-499); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et sea.; the Toxic Substance Control Act, 15 U.S.C. Section 2601, et sea.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et sea.; the Arizona Environmental Quality Act, Laws 1986, Chap. 368; and in the rules or regulations adopted and guidelines promulgated pursuant to said laws. General Notes about the Operator: As a multi-state/multi-operator of Body Shops, Caliber Collision is well versed in the procedures and requirements to divert any operational hazards. Prior to opening for business, Caliber Collision will secure a Business License to operate said facility. Any hazardous material shall be documented, handled and/or stored per local, state and federal requirements. Furthermore, the existing facility contains a code -compliant fully monitored fire alarm system, a complete automatic sprinkler system, and exterior fire department connection. The existing facility (site and building) has been inspected by licensed Architects/Engineers who are thoroughly versed in Body Shop Designs. Final interior improvement designs shall be designed by same Architects/Engineers. Interior Lighting, HVAC Ventilation, and Storm Sewer oil/sand interceptors shall be properly placed to facility safe conditions within and outside the entire property. These designs shall receive City of Oro Valley Plans Review/Permit Approval to ensure structural, life safety, ADA and Building Code compliance for the proposed operations. Furthermore, the operator implements specific operational and safety guidelines that secure on -going daily assurance of employee, customer, property and surrounding area safety. These include: 1. Drug Testing— Applicants are required to pass drug screening. Once employed, Caliber reserves the right to perform both random and/or employee -specific testing. Any failure results in immediate loss of employment. 2. Authorized Employment —Applicants are required to provide proof of citizenship and/or verification that they are authorized to be lawfully employment in the US. 3. Background Checks — Applicants are required to pass a background check. This includes but is not limited to any incidents involving sexual crime, child endangerment, and other acts of violent nature. Page 11 of 14 4. Facility Management — Each facility is managed with adequate and competent staff to oversee and monitor the repair services and customer interface. 5. Safety Training — Given the nature of using automated machinery and restoration supplies, each employee is required to complete and continue ongoing safety training. All equipment used is state of the art and properly maintained. This instruction safeguards the employees, the environment, the clients, their vehicles and all neighboring facilities. a. All training guidelines ensure prevention of the following: i. Loud noise, fumes, odors, dust, vibration, illumination ii. Fire, explosions, flooding, iii. Contamination of persons, property or nearby equipment 6. Environmental Protection Agency and other Governmental Regulations — All products used, services rendered, and disposals of waste are highly regulated to prevent unwanted affects. All products and equipment are designed to ensure compliance. Laws and limitations are monitored and enforced so that any employee, clientele and passerby may be assured of a safe environment E. Compatibility of the Proposed Facility with Surrounding: Applicant suggests that this facility will serve as the single -most compatible site with the types of uses permitted in the surrounding area. This facility will act as an extension of the existing Caliber Collision. As such, it will promote further success of an existing business, re -occupancy of an existing vacant facility, provide expanded job growth and assurance of good custodial care. Finally, please note the contributions that Caliber Collision brings surrounding communities for all of their locations. Among their traditions of charity and community enrichment programs (http://calibercollision.com/about-us/community-involvement/), Caliber Collision actively supports: • American Heart Association Heart Walk, American Heart Association Cotes Du Coeur, and Children's Advocacy Center of Collin County • Military personnel through Carry The Load, Wounded Warriors and 3M's Hire Our Heroes program • Supplied local food banks with more than 275,000 meals for needy families in 2013 • Gifted 13 fully -refurbished vehicles to needy families through the Caliber Collision Recycled Rides program in 2012. Plan on gifting 25 in 2013 To further endorse their commitment to excellence, USAA has identified Caliber Collision as having "an exceptionally high standard when it comes to service delivery (ref. attached 7/15/14 News Release)." Page 12 of 14 NIISCELLANOUS REFERENCE PHOTOS t a m a 4 - �7 ` From SE of Site F Looking West at South North end of East Wall Looking West at North Canopy Page 13 of 14 Looking West — North end of Property Facing South — NW end of Bldg 4� From Adjacent Property to West Respectfiilly Submitted, Alk A& Cross Development, LLC Mil<e@CrossDevelopment.net Office: 214614-8252 Mob: 515-491-6942 Under N Canopy (remove Facing South — West side of From SW of Site Page 14 of 14 R1-144 Em C-2 Pusch View Lane Rooney Ranch PAD O JP�LEY-�h'��O ZONING MAP CALIBER COLLISION CONDITIONAL USE PERMIT . .1J._ (OV814-003) m ��UNDED 1��� Attachment 4 Attachment 5 Neighborhood Meeting Summary Planning and Zoning Commission January 6, 2015 Neighborhood Meeting Summary November 13, 2014 6:00 — 7:30 PM Town of Oro Valley Council Chambers, 11000 N La Canada Drive 1. Introductions and Welcome Meeting Facilitator Matt Michels, Senior Planner, introduced the Oro Valley staff Michael Spaeth, Senior Planner, as project manager. Approximately 4 residents and interested parties attended the meeting, including Councilmember Joe Hornat. 2. Staff Presentation Michael Spaeth, Senior Planner, provided a presentation that included: • Summary of Conditional Use Permits • Required Review Process for Conditional Use Permits • Next steps 3. Applicant Presentation Ming Chen, Chen Architects, provided a presentation detailing the applicant's proposal, which included: • Overview of the Company • Federal Regulations for Automotive Service centers • Overview of project 4. Public Questions & Comments Following is a summary of additional questions and comments: • Potential effect on future uses within the shopping center • Is the proposed use actually permitted? • What specific operations will be moved to the new location? • Will the open bay doors be an issue? • What are the plans for cars left outside overnight? • Compatibility the adjacent (Target) shopping center? Mr. Chen addressed some of the questions related to the proposed development and the associated impacts. Mr. Michels closed the meeting, thanked everyone for their attendance and encouraged everyone to contact Mr. Spaeth, the project manager, with any additional thoughts, comments or concerns. DPOJ�pt1\EY AH/jDi1 Conditional Use Permit 6 D�NDED �g't Planning and Zoning Commission Staff Report CASE NUMBER: OV814-003 - Caliber Collision Auto Center MEETING DATE: January 6, 2015 AGENDA ITEM: 3 STAFF CONTACT: Michael Spaeth, Senior Planner mspaeth(a-)orovalleyaz.gov (520) 229-4812 Applicant: Chen Architects, Ming Chen Request: Conditional Use Permit to allow auto body repair facility Location: Mercado del Rio shopping center Lot 11. North of Pusch View Lane, approximately'/ mile west of the Pusch View Lane and Oracle Road intersection. Recommendation: Approve with the conditions listed in Attachment 1. SUMMARY: The applicant requests a Conditional Use Permit (CUP) to operate an auto body repair use on Lot 11 of the Mercado del Rio shopping center, located north of Pusch View Lane approximately'/ mile west of the intersection with Oracle Road. The subject property encompasses approximately 1.2 acres and currently contains an existing car wash facility which has ceased operation. The proposed auto body repair use requires a CUP in a Regional Commercial (C-2) Zoning District. The proposed use will utilize the existing car wash structure and outdoor canopy area, with building renovations primarily taking place on the interior of the building. The applicant is proposing to add two new overhead coiling doors, relocating the existing mobility -impaired accessible parking spaces and adding new parking space striping. The renovated building will serve as an auxiliary facility to the existing Caliber Collision Automotive Service center on Lot 12, immediately south of the subject property. The proposed facility will include a vehicle body "prep" area and an employee break room. The majority of the business operations will remain in the building to the south. The proposed use will include temporary outdoor storage of vehicles awaiting service. A condition has been added to Attachment 1 to add additional screening along the northern property line to further screen stored vehicles. The applicant's 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. OV 814-003 Caliber Collision Automotive Service Center Planning and Zoning Commission Staff Report BACKGROUND/DETAILED INFORMATION: Page 2 of 8 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. Land Use and Zoning EXISTING LAND USE GENERAL PLAN ZONING SUBJECT Existing Vacant Car Community/Regional Regional Commercial PROPERTY Wash Commercial (C-2) NORTH Canyon del Oro Wash Open Space Single-family Residential (R1-144) SOUTH Caliber Collision Auto Community/Regional Regional Commercial Service Center Commercial (C-2) EAST Rooney Ranch Community/Regional Rooney Ranch PAD Shopping Center Commercial WEST Vacant (Mercado del Community/Regional Regional Commercial Rio shopping center) Commercial (C-2) Approvals to Date • May 2004: Mercado del Rio Master Development Plan/Preliminary Plat approved by Town Council. • October 2004: Mercado del Rio Final Plat approved by Town Council. • May 2005: Conditional Use Permit for Car Wash approved by Town Council. Existing Site Details The proposed auto body repair use will occupy the existing car wash facility on Lot 11 of the Mercado del Rio shopping center. The existing building consists of the following: • Approximately 8,345 sq. ft. including: o Wash tunnel o Offices o Equipment and detail area • Approximately 3,550 sq. ft. outdoor canopy area, fully screened from adjacent properties OV 814-003 Caliber CollisioTAutomotive Service Center Page 3 of 8 Planning and Zoning Commission Staff Report • Building height of 28'8" • Five (6) foot screen wall along the west and southwest property lines • Three (3') foot screen wall along the east property line • Three overhead coiling door bays facing east (away from interior streets) Request Detail The applicant's request is summarized as follows: • Leave the exterior of the existing building primarily unchanged and renovate the interior of the existing car wash facility. • Construct two additional overhead coiling doors oriented east, away from interior roadways. The new coiling doors are proposed adjacent to the three existing coiling doors and will be designed to architecturally match the existing doors (see Attachment 2 — Pg. 4). • The relocation of the existing mobility -impaired accessible parking spaces. • New parking along the east property line. The new and relocated mobility -impaired accessible parking spaces will be reviewed by staff during the building permit process. • Interior renovations will include: o The removal of all existing car -wash equipment and remodeling to accommodate interior space for vehicle body work. o The modification of one bay into a detail/wash bay for future use. o Minimally updating the second floor office space and existing restroom facilities. DISCUSSION/ANALYSIS: Conditional Use Permit Anal The Conditional Use Permit Review Criteria contained in Section 22.5 provide the primary guidance for evaluating conditional uses. Conditional Use Permits may be granted based on consideration of the following criteria shown in italics, followed by staff commentary: 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, smoke, odor, dust, vibration or illumination; The proposed automotive service operations will involve vehicle body "prep" work, including bonding, hood replacement, fender repair, hail damage repair and windshield replacement. These types of repair operations may minimally contribute to existing noise levels; however, the applicant has stated operations will take place entirely within the confines of the building with the overhead doors closed. Any impacts from noise OV 814-003 Caliber Collision Automotive Service Center ! Page 4 of 8 Planning and Zoning Commission Staff Report generated by these repair operations will be further minimized by the existing screen walls and landscaping. The type of operations anticipated for the facility do not include activities that produce excessive amounts of odor or smoke. Within the facility a negligible amount of dust will be produced during vehicle body work. Operations will take place with the overhead doors closed, therefore no dust is anticipated to be emitted outside of the building. Regular operations are not anticipated to produce excessive amounts of vibration or illumination. 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 utilize a low -volume of automotive cleaning agents, vehicle body work tools, electronic devices and an air compressor. The anticipated business practices would not be expected to create hazards generated by explosion, contamination, fire or flood. The proposed use is comprehensively regulated by the International Building and Fire Codes. Typical emergency response systems currently exist in the vacant car wash building including fire sprinklers and oil -water separators to protect against off -property contamination. Hazard occasioned by unusual volume or character of traffic. The everyday business operations are not anticipated to generate unusual volumes or character of traffic. The applicant has stated the need to temporarily store vehicles outside in the parking lot while awaiting service. The original mitigation measures employed for the car wash, the screen walls and additional landscaping, will serve to thoroughly screen vehicles from the adjacent properties and roadways. A condition has been added to Attachment 1 to add additional landscaping along the north property line to ensure the storage of vehicles are adequately screened from multi -use path north of the property. That the characteristics of the use proposed in such use permit are reasonably compatible with types of uses permitted in the surrounding area. Lots 11, 12 and 13 of the Mercado del Rio shopping center were identified as those where automotive uses are permitted. The proposed auto body repair use will utilize the existing car wash building which will be renovated to serve the intended purpose. The subject property is located adjacent to the rear of the commercial properties to the west and is the furthest lot from Pusch View Lane. Repurposing the existing building and utilizing the mitigation measures implemented for the car wash, will ensure the proposed use will have a minimal impact on surrounding areas. OV 814-003 Caliber Collision Automotive Service Center Page 5 of 8 Planning and Zoning Commission Staff Report The approved Landscape Plan established all required buffer yards. A condition has been added to Attachment 1 to require additional landscaping along the northern property line to further screen the vehicle storage from the nearby multi -use path. General Plan Compliance The subject properties are designated as Community/Regional Commercial on the General Plan Future Land Use Map. The Community/Regional Commercial General Plan land use designation is defined as: "This designation is for commercial areas at the intersections of principal arterials." The subject property is a component of the larger Mercado del Rio shopping center. The applicant's) proposal is consistent with this General Plan land use designation. Conditional Use Permit applications are also evaluated for consistency with the Vision, Goals and Policies of the General Plan. The following section provides analysis relative to the consistency of the Conditional Use Permit request with the General Plan Vision and key General Plan Goals and Policies. Excerpts from the General Plan are shown in italics, followed by staff comment. To be a well planned community that uses its resources to balance the needs of today against the potential impacts to future generations. Oro Valley's lifestyle is defined by the highest standard of environmental integrity, education, infrastructure, services, and public safety. It is a community of people working together to create the Town's future with a government that is responsive to residents and ensures the long-term financial stability of the Town. Goal 1.3 To promote a compatible mix of land uses throughout the Oro Valley Planning Area The applicant's proposal is to occupy an existing, currently vacant building representing an opportunity for infill development. The subject property is located within a service commercial development in close proximity to a principal arterial intersection. The facility is located on Lot 11 within the shopping center, furthest from existing residential and fully screened from public roadways. The applicant's proposal to utilize an existing building located within an existing shopping center near similar uses is consistent with both the General Plan Vision and this General Plan Goal regarding a compatible, well balanced community. Zoning Code Analysis Auto body repair requires a Conditional Use Permit in the Regional Commercial (C-2) zoning district to ensure the type and character of operations won't negatively impact neighboring properties. The subject property is located within an existing service commercial development and is the furthest lot from Pusch View Lane. Subsequently, the nearest residential is located approximately 650 feet across Pusch View Lane. The approval for the car wash included additional screening requirements to mitigate against any potential impacts to nearby OV 814-003 Caliber Collision Automotive Service Center Page 6 of 8 Planning and Zoning Commission Staff Report properties. These mitigation measures will similarly be utilized to screen the daily operations of the auto body repair use. Engineering The applicant's proposal acknowledges that the site will remain in its current state. As a result site drainage will be maintained per the approved site improvements. The use of the new building as proposed will not generate additional traffic as only employees will utilize the new building as additional workspace for the existing building. Patrons of the business will not conduct business or utilize the new building. Therefore, the traffic impact to the surrounding street network as a result of this use is negligible. 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 • Letter to all individuals that attended the neighborhood meeting. • Posting at Town Hall • All registered HOAs Neighborhood Meetings A neighborhood meeting was held on December 13, 2014 with approximately 3 residents and interested parties in attendance. Notable discussion topics included: • Compatibility with neighboring properties • Neighborhood buffers • Traffic • Noise • Potential nuisances from vehicles parked outside A copy of the neighborhood meeting summary has been included as Attachment 5. No additional comments or concerns have been received by Staff. RECOMMENDATION: Based on the following findings: OV 814-003 Caliber Collisio�Automotive Service Center Page 7 of 8 Planning and Zoning Commission Staff Report • The proposed use will not be materially detrimental to the public health, safety or welfare • The proposed use is consistent with the Conditional Use Permit Review Criteria. • The proposed use will utilize an existing, currently vacant facility, thereby promoting infill development. 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 OV814-003, subject to the conditions on Attachment 1. SUGGESTED MOTIONS: I move to recommend approval of the Conditional Use Permit for the Caliber Collision Automotive Service center, based on the findings in the staff report. •o I move to recommend denial of the Conditional Use Permit for the Caliber Collision Automotive Service center finding that ATTACHMENTS: 1. Conditions of Approval 2. Applicant's Proposal 3. General Plan Land Use Map 4. Zoning Map 5. Neighborhood Meeting Summary Bayer Ve Planning Manager Attachment 1 Conditions of Approval Planning and Zoning Commission January 6, 2015 Planning Conditions 1. Screening must be provided along the northern property line to ensure stored vehicles are not visible from the shared use path along the Canyon del Oro Linear Park.