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Home My WebLink AboutOV120628BTOWN OF ORO VALLEY PLANNING AND ZONING DEPARTMENT 11000 N La Canada Drive, Oro Valley, AZ 85737 (520) 229-4800 — Fax (520) 742-1022 December 4, 2009 Paul Oland The WLB Group 4444 Broadway Blvd. RE: OV12-06-28B, The WLB Group Inc., representing Bok Financial, requests approval of a two year extension of the development plan/preliminary plat approvals for the Plaza at Vistoso retail/office development on Parcel 5-U, located northeast of the intersection of Tangerine Road and Rancho Vistoso Boulevard. Dear Paul: At their regular meeting of December 2, 2009, the Town Council voted unanimously (6-0) to extend the expiration date of the above -captioned development plan/preliminary plat to October 17, 2011. Please contact me at 229-4822 if you have any questions. Respectfully, jzam: Matt Michels Senior Planner cc: Steve Percefull, Bank of Oklahoma Shirley Gay, OV Development Coordinator Paul Keesler, OV Public Works File S:\PERMPLUS\DOCS\OV1206-28B\PZ—TC ACTION 12-02-09.doc D OC T 1 3 2009 T�6 Group Town of Oro' 1 Shirley Gay Town of Oro Valley 11,000 N LaCanada Drive Oro Valley AZ 85737 Engineering • Planning Surveying • Urban Design 2009 Landscape Architecture Re: Rancho Vistoso Parcel 5-U North — "The Plaza at Vistoso" Preliminary Plat / Development Plan Extension OV12-06-28 WLB No. 185050-BK01-0105 Dear Shirley: It has come to my attention that the Preliminary Plat / Development Plan for The Plaza at Vistoso is due to expire on October 17, 2009. Due to the poor economy and slumping retail / office market this project did not proceed as quickly as was expected, and ownership of the project has transferred a couple times in the last couple years. The owner believes that the approved development plan design remains marketable, and seeks to keep this property positioned for development by extending the approval. We respectfully request that a 2-year extension be granted for the Preliminary Plat / Development Plan approval. I greatly appreciate your consideration of this request. If you have any questions, you can reach me at 390-1086. 1 look forward to hearing from you on this matter. Sincerely, THE WLB GROUP, INC. Linda Thompson Subdivision Coordinator cc: Bank of Oklahoma Aaron Mendenhall Paul Oland John Holley 1�1iG-54- C()Z�I-3 Engineering • Planning • Surveying • Urban Design • Landscape Architecture Offices located in Tucson, Phoenix, Flagstaff, Las Vegas • E-mail: tucson@wlbgroup.com 4444 East Broadway - Tucson, Arizona 85711 • (520) 881-7480 • FAX (520) 881-7492 0�0 JPLLEY AR/20 e t„ ""OUNDED 19�A APPLICATION FORM OV Case # (Office Use On TOWN OF ORO VALLEY, PLANNING AND 11000 N. LA CANADA DRIVE, ORO VALLEY PHONE: (520) 229-4800 FAX: (520) 742-1( www.townoforovalley.com Application Type: Preliminary Plat / Development Plan Time Extension A. Project Manager/Developer 5737 r 2009 ey I Name: Paul Oland Firm: The WLB Group, Inc. Address: 4444 E. Broadway Blvd. City: Tucson State: AZ Zip: 85711 Telephone: 520.881.7480 Fax: 520.318.6170 Email: gpoland@wlbqroup.com B. Property Owner (s), if more than one owner, attach list Name: Steve Percefull Firm: BOK Financial (Bank of Oklahoma) Address: P.O. Box 2300 City: Tulsa State: OK Zip: 74192 Telephone: 918.619.0895 Fax: 918.619.0124 Email: C. Subject Property Parcel/Tax Code: 219-54-003B Legal Description/Property Address: 12176 N. Rancho Vistoso Blvd. Oro Valley, AZ 85755 Area of property: 8.05 Acres Existing Zoning: PAD Proposed Zoning: WA Is Proposed Zoning in conformance with General Plan designation? [ X ] N/A [ ] Yes [ ] No General Plan Designation: Neighborhood Commercial / Office Existing Land Use: Vacant Proposed Land Use: Retail / Office Development D. Previous Applications Relating To This Property OV8- OV9- OV10- OV11- OV12- 06-28 OV13- E. Reason For Request Time extension on the preliminary plat / development plan approval. This application is true and correct to the best of my knowledge. I am the owner of the above described property or have been authorized by the owner to make this application. 10/12/09 Date Signature 130K FINANCIAL PO Box 2300 Tulsa, Oklahoma 74192 October 8, 2009 Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Town Subject: Rancho Vistoso Parcel 5-U Preliminary Plat / Development Plan Extension WLB No. 185050-B-K01 To Whom It May Concern: I hereby authorize The WLB Group, Inc. to represent Bank of Oklahoma in the request for extension of the approved Preliminary Plat / Development Plan for the property known as Rancho Vistoso Parcel 5-U located northeast of Rancho Vistoso Boulevard and Tangerine Road. Sincerely, 5L1" Owners 'gnature 5t-a-yQ- Q2 rce, A, (I UP Printed Name Services provided by: Bank of Albuquerque, N.A., Bank of Arizona, N.A., Bank of Arkansas, N.A., Bank of Kansas City, N.A., Bank of Oklahoma, N.A., Bank of Texas, N.A., Colorado State Bank and Trust, N.A. Town Council Pagel of 22 MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION December 2, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:00 PM CALL TO ORDER - 5:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor K.C. Carter, Vice Mayor Bill Garner, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member Vice Mayor Carter attended the Executive Session via telephone. EXECUTIVE SESSION AT OR AFTER 5:00 PM MOTION: A motion was made by Council Member Garner and seconded by Council Member Latas to go into Executive Session for the following purpose: In accordance with ARS §38-431.03(A)(1) to discuss personnel matters related to the appointment of a new Town Councilmember to fill one vacancy with term effective until June 2, 2010 MOTION carried, 6-0. MOTION: A motion was made by Council Member Garner and seconded by Council Member Kunisch to go out of Executive Session at 5:30 p.m. MOTION carried, 6-0. RESUME REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER - 6:00 p.m. ROLL CALL i http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=800 01/05/2010 Town Council Page 2 of 22 PRESENT: Paul Loomis, Mayor K.C. Carter, Vice Mayor Bill Garner, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member Council Member Carter attended the Regular Session via telephone. PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Mayor Loomis requested a moment of silence in honor of Town employee Maria Zabaleta who passed away. Communications Administrator Mary Davis reviewed the upcoming meetings and events. COUNCIL REPORTS - No reports. DEPARTMENT REPORTS Communications Administrator Mary Davis reminded the audience of the Town's holiday celebration to be held at Steam Pump Ranch on December 4th and 5th, 2009. Town Clerk Kathryn Cuvelier announced that due to several requests, copies of Town documents would be made available on CDs for a cost of $10.00 (if the record was already available in that specific format). ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING Mayor Loomis announced that staff has requested that Item 10 be continued. He also moved the Pause for Paws presentation ahead of the Call to Audience. a. PAUSE FOR PAWS Pause for Paws, Lane Davidson from Foundation for Animals in Risk http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=800 01/05/2010 Town Council Page 3 of 22 (FAIR )introduced puppies, Dandy and Daffodil. She stated that they would be available for adoption in a few weeks at a local PetsMart. Ms. Davidson also announced that FAIR was a not for profit organization that sought donations (monetary and/or food) and were in need of foster homes and volunteers. CALL TO AUDIENCE Doug McKee, Oro Valley resident, spoke to the proposed merger of two local fire districts (Northwest Fire District and Golder Ranch Fire District). He stated that there would be a joint meeting at the El Conquistador Resort in the Turquoise Room #1. He urged Oro Valley residents to attend the meeting on Friday, December 4, 2009 at 6:00 p.m. Art Segal, Oro Valley resident, spoke to the proposed merger of two fire departments, Northwest Fire District and Golder Ranch Fire District. He commented that if a consolidation took place, it would be advantageous to the fire districts but not to the residents as it would probably cost more for fire coverage. PRESENTATION: b. PRESENTATION BY COUNCILMEMBER GILLASPIE REGARDING HIS ATTENDANCE AT THE ARIZONA TOWN HALL Council Member Gillaspie reviewed his trip report to the 95th Arizona Town Hall, 'Riding the Fiscal Roller Coaster... Government Revenue in Arizona". He outlined the discussions regarding the current State deficit and economic crisis, causes and challenges, and developing a long term strategic plan that would include accountability, defined time tables and assignment of responsibilities. CONSENT AGENDA At the request of Council and staff, Mayor Loomis pulled Items A, J and L for discussion. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Kunisch to approve the Consent Agenda with the exception of Items A, J and L. MOTION carried, 6-0. A. Minutes - 11-4-09; 11-09-09 (PULLED TO CONTINUE THE MINUTES OF 11/4/09) http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=800 01/05/2010 J Town Council Page 4 of 22 C C E Click here for the 11/04/09 minutes Click here for 11/09/09 minutes MOTION: A motion was made by Council Member Latas and seconded by Council Member Kunisch to approve the minutes of November 9, 2009 and to continue the minutes of November 4, 2009 to the January 6, 2010 meeting. MOTION carried, 6-0. Building Safety Monthly Activity Report - October 2009 Click here for Item B Coyote Run Monthly Transit Report - October 2009 Click here for Item C Police Report - October 2009 Click here for Item D Metropolitan Tucson Convention and Visitor's Bureau Quarterly Report - July 1, 2009 through September 30, 2009 Click here for Item E F. Informational update on the Pima Association of Governments Regional Transportation Authority PAG/RTA 2010-2015 Transportation Improvement Plan (TIP) Click here for Item F G. Resolution No. (R)09 - 77 Amending Chapter 16, Section 16-1-7 of the Oro Valley Town Code, by establishing Parks and Recreation Facility Usage Fees Click here for Item G H. Resolution No. (R)09 - 78 Amending the Town of Oro Valley Personnel Policies and Procedures Manual to update Policy 10, Attendance and Leaves http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=800 01/05/2010 Town Council Page 5 of 22 Click here for Item H Resolution No. (R)09 - 79 Authorizing and approving an agreement between the Town of Oro Valley, Arizona, Rocking K Holdings, LP and Rincon Valley Holdings, LP for conveyance of unpledged groundwater right extinguishment credits to the Town Click here for Item I OV12-07-01 B Approval of a one year extension from March 19, 2010 to March 19, 2011 of the development plan/preliminary plat approvals for the Innovation Commerce Campus development, located at the northwest corner of Rancho Vistoso Boulevard and Vistoso Commerce Loop (PULLED FOR DISCUSSION) Click here for Item J Discussion followed regarding: - Plans for the property since one interested party was pulling out. - Concerns that the property may be sold. - Looking for high-tech employers Kim Acorn, Acorn Associates Architecture, commented that the economy was bad and plans for the next 2 years were volatile but there were no plans for a change in use. MOTION: A motion was made by Council Member Garner and seconded by Council Member Gillaspie to DENY OV12-07-01 B, a one year extension of the development plan/ preliminary plat approvals for the Innovation Commerce Campus development, located at the northwest corner of Rancho Vistoso Boulevard and Vistoso Commerce Loop. Further discussion followed regarding: - Unique design of the development was based on a specific company's intent to build on that property. If those development plans have changed, then Council should review the development plan again. - If changes to a development plan/preliminary plat were 25% or greater, then new approvals of development plan/plat were required. - There were no guarantees when a development plan/plat was completed that specific companies would move in. - Questioned whether Council should deny an extension of time for the development of the plat. - Development plan did not regulate the uses other than what was http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=800 01/05/2010 ' Town Council Page 6 of 22 allowed under the zoning requirements. - The current development plan was grandfathered under the Town's old landscaping codes. New landscaping codes had been adopted including water harvesting which should be applied to a project of this scale. MOTION carried, 4-2 with Mayor Loomis and Council Member Kunisch opposed. K. OV12-06-28B Approval of a two year extension from October 17, 2009 to October 17, 2011 of the development plan/preliminary plat approvals for the Plaza at Vistoso retail/office development on Parcel 5-U of Rancho Vistoso Neighborhood 5, located northeast of the intersection of Tangerine Road and Rancho Vistoso Boulevard Click here for Item K L. OV5-09-08 Approval of artwork funding for an art proposal at James D. Kriegh Park located of Calle Concordia (PULLED FOR DISCUSSION) Click here for Item L Discussion followed regarding: - Town Code requirements to install artwork (proposed artwork at James D. Kriegh Park was not required per Code). - Maintenance of artwork projects was the responsibility of the property owner. - Monies in the Town's public art account should be used for maintenance of art projects. - Proposed artwork was a conceptual design at this time pending Council's decision. Mayor Loomis opened the floor for public comment. Zev Cywan, Oro Valley resident and member of the Art Review Commission, commented on art project repairs/maintenance and the Zoning Code's definition of public art. He also addressed the fiscal problems facing the Town and questioned whether the Town should spend monies on such a project at this time. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Kunisch to deny Item L. MOTION carried, 6-0. http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=800 01/05/2010 TOWN OF ORO VALLEY r COUNCIL COMMUNICATION MEETING DATE: December 2, 2009 TO: HONORABLE MAYOR & COUNCIL FROM: Paul R. Popelka, RLA/AICP, Acting Planning & Zoning Director SUBJECT: OV12-06-2813, The WLB Group Inc., representing Sok Financial, requests approval of a two year extension of the development plan/preliminary plat approvals for the Plaza at Vistoso retail/office development on Parcel 5-U, located northeast of the intersection of Tangerine Road and Rancho Vistoso Boulevard. SUMMARY: The applicant requests a two year extension of the plan/preliminary plat approvals for the Plaza at Vistoso retail/office development. The development plan/preliminary plat approval expired on October 17, 2009. The applicant submitted their request on October 13, 2009, which meets the requirements of the Oro Valley Zoning Code Revised (OVZCR). Approvals to Date: • Town Council approved the development plan/preliminary plat on October 17, 2007. ANALYSIS OF APPLICANT'S REQUEST: Per the OVZCR, the following expiration and extension of time policies apply: • Section 22.9.F.8.b: If improvements have not been started within 2 years of the date of approval of the development plan, the plan shall be deemed to have been abandoned. A request to extend the time beyond 2 years must be submitted in writing to the Town Council within 2 years of the date of approval. Before such extension is granted, the Town Council shall review the existing assurances to insure that the required improvements have been made. The applicant has not submitted assurances and the site is currently undeveloped. The current economic conditions, and specifically the weakness of the retail and office markets, have delayed many projects, including this one. FINDINGS: Findings in Favor.• 1. Meets applicable OVZCR criteria. 2. Applicant submitted the request prior to the expiration date. 3. Current economic conditions delaying this project are beyond the applicant's control. Finding Against: 1. The project will not be built to the forthcoming landscape code standards which take effect in June, 2010. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to [approve, approve with conditions, OR deny] OV12-06-28B, a two year extension of the development plan/preliminary plat approvals for the Plaza at Vistoso retail/office development to be located on Parcel 5-U, located northeast of the intersection of Tangerine Road and Rancho Vistoso Boulevard. ATTACHMENTS: 1. Applicant letter 2. Location map 3. Project overview Project Manager: Matt Michels, Senior Planner cc: Paul Oland, WLB Group, via e-mail Steve Percefull, BOK Financial, via fax, 918.619.0124 Paul Popellyd; Acting Planni6d'& Craig CivaTier, Public Works Dire ng Director Stacey Lemos, terim Assistant Town Manager rene Watson, Interim Town Manager Tobin Rosen, Town Attorney S:\PERMPLUS\DOCS\OV1206-28B\P-120209 TC REPORT.doc Locat OV12 06 28B ATTACHMENT 2 ay at NG L (;Q1 'T-c m RAW LCP 67 817 2 7.2 -0 THTFIM LOADWO XF 11ARCEL C, 7.1 PAI) HIM 74 72 , - - Zl 73 �'v 7 /"V of v umq� 114 & e > " > 10 THI 52'W 105.51' PAPCEL 5-V REMAINDPI: 21V-20-05zj, UNSUODIVIDED /1116-00 . 49"E 50.64, tI35153'Z2'W 43.24' 57W33'21;-W 119.31' ILOGWI5 w 66.94 L or zi % 2-1 v 7 e :izi _N 6 L07 N, d; 4 r) Q 0 V I ( ! <,u l�s jlq, 27.5t 107, 5 FU T F A % -6 0 LOT 7' v Y, Vl��Yb Iov I (nn VC, P'llyclio VISTOSO NJ i 1\ N\\ UNSURDIVIDED N'\ ND C- I V DROJECT OVERVIEW =Z: I` ga, BRASS CAP 6 OV12 06 28B ATTACHMENT 3 NOTICE OF PUBLIC HEARING TOWN COUNCIL The Town Council invites the community to attend a public hearing on Wednesday, December 2, 2009, 6 p.m. Oro Valley Town Hall, 11000 N. La Canada Dr. Oro Valley, Arizona Public Hearing: OV12-06-28B, The WLB Group Inc., representing Bok Financial, requests approval of a two year extension of the development plan/preliminary plat approvals for the Plaza at Vistoso retail/office development on Parcel 5-U of Rancho Vistoso Neighborhood 5, which expired on October 17, 2009, to October 17, 2011. The property is located northeast of the intersection of Tangerine Road and Rancho Vistoso Boulevard. 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 meeting time and can be viewed at www.orovalleyaz.gov. For questions and additional information, please contact Matt Michels, Senior Planner, at (520) 229-4822 or mmichels(a-orovalleyaz.gov Matt Michels Senior Planner Posted: 11-17-09 Time: 9:30 p.m. By: sg S:\permplus\docs\OV1206-28B\P_120209 TC Notice.doc