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OV110203
P� LEY 4R/� TOWN OF ORO VALLEY o J p 2y PLANNING AND ZONING pQ 11,000 N. LA CANADA DRIVE ' J i ORO VALLEY, AZ 85737 (520) 2294800 PHONE 2294899 FAX (520) A www.6oro-valle .u.us FOC/NDEO 'I9'AA APPLICATION FORM OV Case # (Office Use Only): Application Type: GENERAL PLAN AMENDMENT A. Project Proponent/Developer Name: WILLIAM A. ESTES, III Firm: TEM CORP Address: 5151 EAST BROADWAY BOULEVARD, SUITE 200 City: TUCSON, ARIZONA 85711 Telephone: 520.571.1958 Fax: 520.571.1961 Email: B. Property Owner(s), if more than one owner, attach list Name: TRUST #50064 Firm: FIDELTY NATIONAL TITLE AGENCY Address: 7750 EAST BROADWAY BOULEVARD, SUITE 200 City: TUCSON, ARIZONA 85711 Telephone: 520.571.1958 Fax: Email: C. Subject Property Parcel Tax Code(s): 225-06-0020, 224-39-0240 Location Description/Property Address: A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 13 EAST, G&SRM, PIMA COUNTY, ARIZONA Area of Property: 85.63 ACRES Existing Zoning: R1-144 Proposed Zoning: R1-7 Is Proposed Zoning in conformance with General Plan designation? [ ] N/A [X]No [ ] Yes General Plan Designation: EXISTING: LDR, PROPOSED:MDR Existing Land Use: VACANT Proposed Land Use: SEE BELOW D. Previous Applications Relating To This Property OV8- OV9- OV11- OV12- E. Reason for Request OV 10- OV 13- OWNER WISHES TO DEVELOP A SINGLE-FAMILY DETACHED SUBDIVISION WITH +/- 7.000 SOUARE FOOT LOTS. 'In -17 This application is true and correct to the best of my knowledge. I am authorized by the owner to make this application. �.•CDif— Date bed property or have been ignature ROBERT G. LONGAKER, III THE WLB GROUP, INC. 520.881.7480 VA AR/20 .��� Q FUNDED 19 TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT DEPARTMENT • Building Safety • Parks and Recreation • Planning and Zoning • Transit Services Planning and Zoning Division 11000 N. La Canada Drive, Oro Valley, AZ 85737 Phone: (520) 797-9797 Fax (520) 742-1022 Web Site Address: www.ci.oro-valley.az.us MAR _ 1 Fir 2 2 2002 ,11-t;, —"' • •ttlaeccttlearetm¢rsaarx.m�,�g REQUEST FOR PREAPPLICATION CONFERENCE PROJECT DESCRIPTION This is a proposed residential development with three components; the first consists of approximately 72 acres of single-family residential, the second involves 14 acres of multi -family residential, and the last component is an open space element. LOCATION: A portion of Sec. 22, T-12-S, R-13-E, GSRM, Pima County, Arizona, just west of La Canada Drive and immediately south of the Canada Del Oro Wash. PARCEL NUMBER 225-06-0020 CIRCLE TYPE OF REQUEST: REZONING PRELIMINARY PLAT DEVELOPMENT PLAN USE PERMIT APPLICANT NAME/FIRM: The WLB Group, Inc. on behalf of the property owner by Robert G. Longaker III ADDRESS: 4444 E. Broadway Blvd., Tucson, Arizona 85711 TELEPHONE NO.: 881-7480 FAX NO. 318-6170 PROPERTY OWNER: Fidelity National Title Aqengy Trust 500E Tucson Arizona 8 10 Contact: 1 Estes III PREAPPLICATI N ONFE CE DATE/TIME REQUESTED: SIGNATUR EMAIL rlongaker(a-_)wlbgroup.com 7750 East Broadway, Suite 3/29/02 lad 9:00 a.m. DATE: Z( . ,dZ • PREAPPLi4eATION CONFERENCES ARE HELD EVERY FRIDAY MORNING. • SUBMITTALS MUST BE RECEIVED BY THE PLANNING DEPARTMENT AT LEAST FIVE (5) WORKING DAYS IN ADVANCE OF THE DESIRED PREAPPLICATION CONFERENCE DATE. • SUBMITTAL REQUIREMENTS EIGHT COPIES OF THE PROJECT CONCEPT PLAN, WITH LOCATION MAP. ONE COPY OF SITE RESOURCE INVENTORY PER SEC. 14-104 OF OVZCR. l� ��- L,kzm) U1 i civi Lorp. Property — Street Net — Street Net With Names Parcels ❑ Parcels (Landbase) It SCALE 1 : 15,240 1,000 0 1,000 2,000 3,000 FEET /1 http://www.dot.co.pima.az.us/gis/maps/mapguide/dotmap5.mwf Thursday, March 21, 2002 10:04 AM \ - / / _ ` ' ✓� / �J ' ' Wb N-I, Residen4a� -. -s 100-4 Iv so AF , Jai-�^r_ w.. •ww` .tl _ .� �•�. �• _ / G iw \ J ar J �; wr I of Pena N 1/ ti y wry// r { '. �r r• M rr ' -f�`' w. �� �� $° •�/ �.. off i r � i S .t � i! w avj rr` .ter .��� w ��� �- .�• w or � � � f � w�r: � w w' 'r \��• � N w _ �., .. , ���• rr - �w w 1, • r OVE.RTONROAD ® 0' 200' 400' 600' rI6 ��7ite Plan Information Total Site Area Single Family Residential Multi -Family J�esidential Total # of Lots Typical Lot Size 5FR Gross Density L.P. Roads 85.93 Acres 71.9 3 Acres 14 Acres 230 7,700 s.f. (70' x 1 101) 3.2 J.u./ac. 1 1,500 IS. (approx.) 8 5.9 3 Acres Located in the Vicniity of Rancho reiIz Drive and La CanadaDrive Conceptual,51ite Phan A February 8, 2002 WLB No. 1 o 1 o54-A-oo 1 L w GENERAL INFORMATION Streets - All Parcel map C3 Oro Valley Limits ED Jurisdictions WATERCOURSE INFORMATION Major Washes [3 FIRM Panels tow' wir', , 1�9 SO 11 x ar J S V1 �w T 7- J. zv,, Ara 7A, I J. SCALE 1 : 10,000 ommm� 1,000 0 1,000 2,000 3,000 FEET A TEM Property 0.5 0 0.5 Miles N Oro Valley Limits Project site.shp 0 Index Parcels OV ESL Riparian Areas 0 Low Xeroriparian (C) 0 Intermediate Xeroriparian (B) 0 High Xeroriparian (A) Mesoriparian (M) OV Zoning ® C-N POS R-4R R-6 R1-10 0 R1-144 R1-20 R1-36 R1-43 0 R1-7 0 R1-72 OV General Plan COMMERCE PARK 0 LOW DENS RES (0.6-1.2 DU/ac) MASTER PLANNED COMMUNITY 0 MED DENS RES (2.1-5.0 DU/ac) 0 MED HIGH DENS RES (5.1-10 DUi ® NEIGHBORHOOD COMMERCIAL PARKSIOPEN SPACE PUBLIC/SEMI-PUBLIC REGIONAL COMMERCIAL RESORT May 7, 2002 Re: Neighborhood Meeting +/-86 Acres Located in the Vicinity of Rancho Feliz Drive and La Canada Drive Oro Valley, Arizona Dear Adjacent Property Owner: The owner of this property is proposing to amend the land use designation and request a zone change on approximately 86 acres of land located in the vicinity of Rancho Feliz Drive and La Canada Drive. The intent is to develop the property as a residential community. The planning and engineering firm retained as a consultant to the project is The WLB Group, Inc., of Tucson, Arizona. A neighborhood meeting will be held starting at 6 P.M. on May 15, 2002 in the Hopi Room, Oro Valley Town Hall, 11000 North La Canada Drive, in Oro Valley. This meeting will allow surrounding residents an opportunity to ask questions, offer opinions and obtain more information on this project. We hope to see you there. mow cry'' 1 Sincerely, THE WLB GROUP, INC. Robert G. Longaker III Project Manager Land Planning and Landscape Architecture Page 1 of 1 Jain, Sangeeta From: Robert G. Longaker III [rongaker@wlbgroup.comj Sent: Tuesday, May 07, 20021:45 PM To: Jain, Sangeeta Subject: La Canada/Rancho Feliz Dr. Sangeeta: Attached is the letter we have sent out to the neighbors within 600 feet of the subject property. The neighborhood meeting is next Wednesday, May 15th at 6 pm in the Hopi Room. Look forward to seeing you there. Regards, Rob Robert G. Longaker III Project Manager Land Planning and Landscape Architecture The WLB Group, Inc. 4444 E. Broadway Blvd. Tucson, AZ 85711 520.881.7480 (Phone) 520.318-6170 (Fax) 5/14/02 f ♦! TOWN OF ORO VALLEY Department of Public Works Development Review Division 11,000 North La Canada Drive Oro Valley, Arizona 85737 (520) 229-4800 Office (520) 229-4899 Fax April 16, 2002 Robert G. Longaker III The WLB Group, Inc. 4444 East Broadway Boulevard Tucson, Arizona 85711 Re: Pre Application Conference, OV9-02-08 Rezoning for Canada Del Oro Wash and La Canada Town of Oro Valley Department of Public Works staff offers the comments listed below. Note: these comments are preliminary in nature and subject to change upon receipt of more detailed information. These comments are for guidance and are not a substitute for all applicable Town of Oro Valley, Pima County, State of Arizona and Federal codes, regulations, ordinances and/or laws. DRAINAGE A professional civil engineer registered in the state of Arizona will be required to prepare a hydraulic and hydrologic Drainage Report. The applicant shall submit a complete hydraulic and hydrologic report. Department of Public Works personnel will review and comment back on the initial submittal. Please note that the scope of the report should be proportional to the scope of the project. Preliminary Drainage Comments: • Identify any 100-year floodplains on the site • Detention is required for the site and must be kept to the pre -developed rate • Determine if the site is in a critical or balanced basin • Do not transfer drainage from one basin to another • Identify the existing drainage patterns on the site • Show the pre and post development 100-year flows on the plan that are greater than 50-cfs. • Flows in streets, driveways and paths shall be kept to a depth of six inches as a ma)amum. It is very important that the engineer set up a scoping meeting with us prior to preparing the Drainage Report. 2. SOILS A geotechnical soils report containing all geotechnical engineering information and recommendations applicable to this project. The minimum geotechnical information to be included in the report is as follows: 1. Soil stability of all proposed cut and fill slopes 2. Angle of shear and maximum recommended slope ratio of all proposed cuts or fill 3. Erosion vulnerability of all graded areas and created slopes 4. Stormwater siltation potential of soils for all graded areas and created slopes 5. Description of soil constraints on the structural design of all foundations, footings and walls 6. Recommended compaction treatment of all fills areas 7. Identification of any potentially hazardous geotechnical areas where construction is proposed 8. Recommended treatment for stability, erosion and siltation control of all new graded areas and created slopes 9. Determination of a pavement design section for driveway, parking areas and or roadways 10. Foundation design recommendations Soil classification and design bearing capacity shall be shown on the grading plan for all areas where structures are proposed. 4. TRAFFIC A traffic impact analysis is required for this project It is very important that the engineer set up a scoping meeting with us prior to preparing the Traffic Impact Report. 5. LANDSCAPING Please ensure that sight visibility triangles appear on landscape plans. Section 4.8 of the Town of Oro Valley Subdivision Street Standards explains limitations to improvements within the triangles. Please ensure that there is coordination between the landscape architect and the engineer preparing the drainage and grading plans. 6. GRADING Grading shall be in conformance with the Town of Oro Valley Grading Ordinance. Exposed and shielded cuts and fills shall not exceed the ordinance requirements. 7. GENERAL INFORMATION Restoration Assurances approved by the Planning and Zoning Department will be required prior to the issuance of a grading permit, see Section 4-901 of the OVZCR. Enclosed you will find: • Improvement Plan Checklist • Type 2 Grading Permit Application • Type 2 Grading Permit Checklist • General Grading and Paving Notes COMMENTS 1) Oro Valley Zoning Code Revised (OVZCR) Section 4-305.A.5: provide soils report, as outlined in the above section 2. 2) OVZCR Section 4-305.E.1: provide drainage report for the project per this section. 3) Oro Valley Subdivision Street Standards (OVSSS) Section 4.2: provide street layout and design for the approved zoning. 4) The Town of Oro Valley does not support the proposed realignment of Rancho Feliz Drive as depicted on the concept plan. All access shall be evaluated in the Traffic Impact Analysis. 5) Provide a tentative Development Plan and site analysis per the Town of Oro Valley Zoning Code Revised. 6) If the site is developed, a CLOMR will be required with a LOMR to follow. The Town of Oro Valley has an IGA with Pima County to review all CLOMR & LOMR'S along the Canada Del Oro Wash. 7) A Floodplain Use Permit will be required to fill or construct structures and roadway within the foodplain. 8) A 404 certification is required. Submit documentation regarding the Army Corps of Engineers' review of the areas subject to 404 permitting. If you have any questions, please call me at (520) 229-4811. Sincerely, Craig Civ tier, P.E. Devel ment Review Division Manager Department of Public Works www.townoforovaIIey.com Ir Raft pf 11144 NANO gv., L m1ta mom ail WAS mm Ell ■1�A111�4���II Wca �►`y�►�•�� .�►�►�i MOONS � -RAN r Sec. 3-001 CHAPTER 3 PROCEDURES ARTICLE 3-0. GENERAL PLAN AMENDMENT. PROCEDURES Sec. 3-001 General Plan Conformance Unless a General Plan Amendment is applied for and approved in relationship to a rezoning, any changes in land use must conform, in all respects, with the Town's adopted General Plan and Land Use Map. Any new proposal for development, which does not comply, will be subject to denial by the Town Council. Sec. 3-002 General Plan Amendment and Application Schedule The purpose of this Article 3-0 is to establish a procedure for amending the Town of Oro Valley's General Plan. Requests for amendment to the General Plan, if approved, can effect change to anv section of the document including, but not limited to, the various elements, policies, objectives and goals, as well as the adopted Land Use Map, which is an integral part of that document. Complete applications for amendments to the General Plan shall be accepted for processing by the Planning and Zoning Department bi-annually only during the two month periods commencing on the first regular working day of February and ending on the last regular working day of March and again, on the first regular working day of August and ending on the last regular working day of September. The Council may initiate a General Plan Amendment at any time during the year provided that at a noticed public hearing in accordance with Section 3-005.D.1 and making affirmative findings that based on substantial evidence in the record a minimum of one of the following is met: 1. The applicant has demonstrated that waiting for the normal amendment period would deny substantial and significant benefits to the greater community in terms of: a) Providing significant additional employment. for Town Residents; b) Providing a significant amount of additional on -going revenue to the Town of. Oro Valley; or 2. The applicant has demonstrated that waiting for the normal amendment period would place the community at greater risks in the form of: a) Inadequate waste treatment facilities; b) Inadequate or unsafe transportation improvements; c) Inadequate or unsafe flood control improvements; d) Hazardous environmental conditions; or e) Insufficient community or governmental services facilities; Oro Valley Zoning Code Revised 3 - 1 (Rev, 1Y961 Sec. 3-003 GENERAL PLAN AMENDMENT PROCEDURES Sec. 3-003 General Plan Amendments Related to Land Use: When Required An application for rezoning, or any change in land use, will not be accepted, if said use is not in full conformance with the adopted General Plan, including the Land Use Map. Conformance with the adopted Land Use Map will be determined at the pre -application conference, as required by Sec. 3- 102. At the applicant's discretion, an amendment to the General Plan Land Use Map, if required, may be pursued prior to submittal for a rezoning, or may proceed through the Planning and Zoning Commission and Town Council hearings concurrent with the request to rezone. The procedure for amendment to the Land Use Map is outlined in Sec. 3-00S of this article. A. Application Reouirements for Land Use .Man .Amendments The request for a General Plan Amendment shall be signed by the owner of the real property which is the subject of the request, or by his/her designated agent. The request shall include names and addresses of every person, firm and corporation having interest in the subject property, whether a beneficiary under a trust, or otherwise. Where anv request for amendment to the Land Use Plan covers land 'held under a trust agreement or by a corporation, the applicant shall list the names of the parties to the trust and the corporate officers. in add'grion, the applicant shall file an affidavit signed by the owners to attest that he is authorized and empowered to act for them in such proceeding. In the event that an application for amendment includes properties other than that owned by the applicant, then before the application will be accepted for processing, the applicant shall file a petition in favor of the proposed Land Use Plan amendment signed by the real property owners or their agents or attorneys representing at least 75% of the land area not owned by the applicant that is to be included in the General Plan amendment request. Said petition shall bear the property owners' signatures and addresses, the legal description and the land area of individual properties included in the application. A copy of the proposed amendment shall.be sent by certified mail to the last known address of the remaining 25% of the property owners of that land area included in the application whose names are not on the petition. Sec. 3-004 Amendments to General Plan Text Application for amendments to General Plan text including, but not limited to, the General Plan elements, policies, goals, objectives and implementation strategies, may be requested by any individual, whether a land holder in the Town or not, by any Town Official or Oro Valley citizen. The procedure for text amendments is outlined in Sec. 3-005 of this article. Sec. 3-005 Submittal and Review Procedures A. Application; Form, Filing Any person requesting an amendment to the Town's adopted General Plan, either to the text or the adopted Land Use Plan associated with the Plan, must make application to the Planning and Zoning Director. Applications, which shall be in the form of a written narrative, must clearly outline the requested amendment, the reasons and substantiation Oro Valley Zoning Code Revised 3 - 2 (Rev. 121961 GENERAL PLAN AMENDMENT PROCEDURES Sec. 3-005 therefore. If the subject of the requested amendment is to affect a particular parcel of land, the additional requirements of Sec. 3-002A and B must be met. B. Scheduling The Planning and Zoning Director; upon receipt of the request for amendment, shall verify that sufficient information has been supplied, prior to scheduling the amendment for consideration before 'the Planning and Zoning Commission. Upon determining that the application is complete, the Director shall forward copies to the Planning and Zoning Commission for consideration at the next regularly scheduled meeting, not less than 15 days from the date the application is accepted. C. Action by the Planning and Zoning Commission The Planning and Zoning Commission shall .consider the proposed General Plan amendment and, based on its merits, may: 1. Order such amendments to public hearing, duly noticed as hereinafter provided. and may direct the applicant to provide additional information ti.e. market study, concept plan, etc...) to ensure that the request is warranted; or 2. Deny the request. A denial of public hearing by the Planning and Zoning Commission may be appealed to the Council D. Public Notification If the Planning and Zoning Commission elects to set public hearing on a proposed General Plan amendment, public notification, to include date, time and subject of the hearing, shall be given, not less than 15 days prior to the .scheduled hearing date. Interested property owners (see no. 1 below) and other members of the public, as deemed appropriate, shall be notified by mail, the notice shall be published in a newspaper of general circulation in the Town of Oro Valley and said notice shall be posted conspicuously at the Oro Valley Town Hall. If the subject of the General Plan amendment is a particular parcel of land, said property shall also be posted with the notice, not less than 15 days prior to the scheduled hearing. 1. For Land Use Plan Amendments. "Interested Property Owners", at a minimum, shall include all property owners in, and all those within 600 feet of, a parcel for which a land use plan change is requested. It shall be the responsibility of the applicant to provide the list of property owners, with current mailing addresses, taken from the Pima County tax assessor's roles. Such list shall be made not less than 60 days prior to the first public hearing date on the proposed amendment. 2. General Plan Text Changes Only. Where text changes only are proposed, it shall be within the purview of the Planning and Zoning Director to determine the appropriate, interested persons to be included on the mailing list for notification of public hearing. Oro Vallev Zoning Code Revised 3 - 3 (Rev. 12,1W Sec. 3-005 GENERAL PLAN AMENDMENT PROCEDURES The applicant for amendment shall provide the mailing list of interested parties, as directed by the Planning and Zoning Director. 3. Town -Initiated Changes. If the Town initiates a change to the General Plan map or text, Town Staff shall secure the list of interested parties, i.e. owners of affected properties, for notification purposes. Failure to receive notice of hearin.R shall not invalidate any General Plan amendment as may be approved. E. Agencv Notification A summary of the proposed General Plan Amendment, to include date and time of hearing and any supporting information deemed appropriate, shall be sent to any interested reviewing agencies and/or to those agencies which require notification, in accordance with State Statutes. Sec. 3-006 Action of Planning Commission Upon completion of the Planning and Zoning Commission public hearing, the Commission snail transmit its findings and recommendations to the Town Council for final action on the proposed General Plan Amendment. The report of the Planning and Zoning Commission shall become a permanent record in the office of the Town Clerk. Sec. 3-007 Failure of the Planning Commission to Report on Amendment If the Planning and Zoning Commission fails to report on any proposed General Plan Amendment within 90 days after the filing of a complete request therefor, such failure to report shall be deemed to constitute no recommendation by the Commission and the matter shall be referred on to the Town Council for action. Sec. 3-008 Hearing by Town Council Upon notification of the Commission's recommendations and findings on the proposed General Plan amendment, The Town Clerk shall schedule a public hearing before the Town Council. Notification of the Council's public hearing shall be published in a newspaper of general circulation in the Town of Oro Valley and shall be posted conspicuously at the Oro Valley Town Hall, not less than 15 days prior to the hearing date. If the subject of the General Plan amendment is a particular parcel of land, said property shall also be posted with the notice, not less than 15 days prior to the scheduled hearing. Sec. 3-009 Another Application after Denial or Withdrawal If the event that an application for General Plan amendment is denied by the Town Council or the application is withdrawn after the Planning and Zoning Commission hearing, the Planning and Zoning Commission shall have the authority to refuse to accept another application for the same amendment within.a year of the date of the original hearing. Oro valley Zoning Code Rev`sed 3 - 4 (Rev. 12/96) ► 'en rt,',,�k��s p a1 1 l �.t.o �p ' to rrwZ$QQ�3 �. i .� '�rji-.:��. `�.► • f •• Y ;v. .. a r. �f �' .1��.d', �'�,•`� / t�i.="� /!A 'w_3 ' 6 ` 6' ,j3',�. L �i i,� �, �' wr ! • 1 - e? �R • + .. �, ' - P`' FJArfi�'!it' 'di i:: , 4'�9, o"•i i'�i.. �A a�7r A mil: �i!, r 40 ai q ���4` +• ?fRfji:y4' rv6lryry�jW`"64,�.s till�'.�► _l:F' t$ya� sr.�l. t►i'i�*. 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F" a'! to✓J V�' MiM� J4� sty � ,,, , , t . :., ..,Sr � +�. ;:vim t'W''�� �'+'. ;� S rry�t�• S, � '�"! �C,`t �„Ar�r� � i 4y,��t ty j�iXv v�y�•FR�* t`"�.'`R4 I,��.-- Fy'�] �F �r�r aV • yip -•.... r q�A n • .fN. ` at.3►� Ra .r g5de�a1f�tty$_yF y y �r4 �(�1IF� {]( L +• Ftf C�i,Rf w'!►��� \{\: \tt \ -�'\ • k.17 - 154 i1Q.. .3 ff•i• IV IY =iIA& Te,lt Index Major Street Names LLEY qR/ Oro Valley Limits �P ProO Property Parcels Off. �y Fame floodzones.shp ! .' ® 100 Year �! - �G 0 No Flood SW Year "OQNDED *11' 300 0 300600 Feet Town of Oro Valley R_ Planning & Zoning Division Date laws ■ 24.21)(124 1:28PM DIRECTCRS OFFICE DOT 520 6201933 Postal° Fax Note 7671 Fax Note 7671 DateciPost-1le l'4 OT ages ro ,Ld From caoapL cG. GAa r Pnono x o— (O `o Phors M v -7 Fa.i fax# �Y September 17, 2002 NO. 881 P. 2 P' 1 T/1, a rta;r > �Y Engines►leg . Planning Sur"Wing • urban Design Landscepo ArchileCture Re: Neighborhood Meeting +/-86 Acres Located in the Vicinity of Rancho Feliz Drive and La Canada Drive Oro Valley, Arizona Dear Adjacent Property Owner: The owner of this property is proposing to amend the land use dosigiiation and request a zone change On approximately 86 acres of land located in the vicinity of Rancho Feliz Drive and La Canada Drive. 'I'lie intent is to develop the property as a residential community. The planning and engineering Turn retained as a Consultant to the project is The WLrB Group, Inc. and the developer of this property is The Estes both firms are based in Tucson, Arizona. Co.- We held an initial neighborhood meeting on May 15, 20o2 and discussed warty issues concerning the opportunities and constraints offered by this property. We will be holding a second neighborhood meeting starting at 6:30 P.N(. on September 25th at the Sheraton IIl Conquistador Resort and Country Club, 100DO North Oracle Road, Oro Valley, Arizona. A representative from the developer will be present. The meeting will allow surrounding residents an opportunity to ask questions, offer opinions and obtain more information on this project. If you have questions or concerns that cannot wait until the meeting, please feel free to call mc. Sincerely, THE WL13 GROUP, INC. Robert G. Longaker III Project Manager Land Planning and Landscape Architecture Engineering . Planning . Surveying • Urban Design • landscape Architecture OftiCQ$ located In Tucson, Phoonix, Lee Vegas • E-Mail! tucson®N,Ibaroup.corr. 4444 East Broadway . Tuoson, Arizona 85711 . (520) 881-7480 • FAX (520) 881-7482 THIS ESTES CO. ESTES �Sr THE ESTES CO. Bryant Iodine, AICP Town of Oro Valley 11000 I. LaCanada Dr. Oro Valley, AZ, 55737 Mr. Nodine KIRK LARSON Vice President/Development 5 15 1 E. Broadway, Ste. 200 Tucson, AZ 85711 P.O. Box 13066 Tucson,AZ 85732-3066 Phone: (520) 571-1958x102 Cell: (520) 490-5479 Fax: (520) 571-1961 Email: klarson@estesco.net Septeinber 4, 2002 The intent of this letter is to Thank You for your time on August 22, 2002. 1 watited to document the key issues that we discussed with you and your stuff A. Bryant Nodine will probably recommend that our application for amendment to the current General Pleft be denied until the public voto in Match, 2003, B. The request for amendment will be scheduled for October planning & Zoning hearing, C. The Rancho Feliz property has been designated as open space on the draft preferred altetndtive due to its location within the 100 yr. floodplain Cnote; However, we discussed with you that the property will be removed from the floodplain through the CLOlv1R, LOMR process by means ofbuilditig a levee, or bank protectioul, D. planning & Zoning will consider the requests for amended land use designations in October, 2002. E. The ratification vote by the General Plan is scheduled for March, 2003. (note; This translateg into aft additional 24 month waiting period to process an. amendment to the approved Owwral Planj, F. If we axe successful in obtaining neighbors support, Bryant Noditte could not cotnmotit on whether, or not he would support our amendment application, Bryant, we look foxward to listening to your cotz menus on our land use plan, I understand that we Will be meeting with you in the neat future. Respectfully, 44-� I Kiry L,u;tson U.C. Rob Longaker, Bill Estes 111, Kip Volpe 5 15 1 S. Broadway, Suite 200,Tucson, AZ 85711 4� P.O. Box 13066,Tucsoh, AZ 85732-3066 0 Ph, (520) 571- 1958 -:� Fax: (520) 571.1961 T'd ZbE'ON 03 S=3 WdES:E 2002"V 'd3S r `yn, +i "�*� t �r�r^}r� trsrr ► k s". �.r `a�� arr0' l p a,8`4 �ryr�~"IS ffi ;• ♦�i�t —II"' 7"I��`e'N y i►lw�'in+� z'�: , �F��t��lY4t `S► i`;' fie_►�'p�►�`i� '�►j'�+Ul vw7.; �'.�� '�";;"'•"i *�t,!r�k.'};r .:y. �'+,�'a,w ttyA,�����`.'t•�`��gC��'��.'+� WE/ ��:•+�1�''s ►., yr -0,��;rp?iG+� s r.e 1 i� ip�', i�'�� ♦a{IVf�r+w yu�`J .y w. �x 1 •; ;/! f F`'t"� `y�'IrM� is' V►� �w2 N� { '�f}. � ,`, +_�r��jy�-,n��,v ,y. y� ._M� i1 F Rom,, a . r. i j r,.�r ' qg `,y. !, ` y ,R�r, -w•;i b :.r.F'r:F ie�l f I �<y - 3'•-�".,,_ A. y,,�1 9 s -®� ♦: .,+� '�t^� .r a e^ > 1= t. a lf. ,� .� i' ! r r C i daRaa ._. a,a t .�i(, 6 l+ie"�' w►�•.• � a • pir• a ►s, '�I �w ,' ` t �•r,��r_i►�it R� _r,;�a �i ��' � '`�Fy{I4.�lp�b�y''���¢�y �yt� `, a`�_p,! R. ?� • �. 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'� rs , .. .Ef�� 9!•h+�•GL"•.r. bws ��• #.Rar.}1p�l Parcel M Title 0 �o�P��EYAR�`,2 0 N Scale ED A W Town of Oro Valley Planning & Zoning Division S Date 0 r 0' 200' 400' 600' ® t PROJECT - - LOCATION -OVERTOR ROAD: Location Map ite Plan Information g uRDAwsTA�Lw - Total jite Area 85.63 Acres Total Number of Lots 1 Jz > Typical Lot Sizes 80' x 1 z51 (10,000 5.0 oGross Density z.o Dwellings per Acre Q Koad Length t 9,95o Linear Peet gL.eQend C •.••.• Linear Path .-. - Open Space (t 27 Acres, 31 % of Site) La Canada Linear Park Access Node 85.63 Acres Located in the Vicinitg of ll Kanc6o reliz Drive and La Canada Drive I Conceptual Site Plan (Plan is Preliminary and subject to change) Aug -se I-, zooz WLB No. 10l03t-A-00l L 07/03/2002 WED 15:36 FAX. 520 318 6170 THE WLB GROUP IM 002 �.,-EY AA. _ 'DOWN OF OPO VALLEY PLANNING: AND ZONING 11.000 N. LA CANADA nRIVF ORO VALLEY, AZ 85737 (520) 229.4800 PHONE (520) 229-4899 FAX yy�.yi rro-vnlley_n� us APPLICATION FORM OV Case # (Office Use Only): [� V L © ' 0 ,Application Type, GENERAL PLAN AMENDMENT A. Project Proponent/Developer Name: WILLIAM A. ESTES, III Firm: TEM CORP Address: 5151 EAST BROADWAY BOULEVARD, SUITE 200 City, TUCSON, ARIZONA 85711 Telephone: 520.571.1958 lax: 520.571.1961 Email: B. Property Owner(s), if more than one owner, attach list Name: TRUST #50064 Firm: FTDELTY NATIONAL TITLE AGENCY Address;' 7750 EAST BROADWAY BOULEVARD, SUITE 200 City: TUCSON, ARIZONA 85711 Telephone: 520.571.1958 Fax: Email: C. Subject Property C) 5va5a'36 1 Parcel Tax Code($): 225-06-0020, 224-39-0240 . Location Description/Property Address: A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 13 EAST, G&SRM, PIMA COUNTY, ARIZONA Area of Property: 85.63 ACRES Existing Zoning: RI-144 Proposed Zoning: RI-7 Is Proposed Zoning in conformance with General Plan designation [ ] N/A [X]No [ j Yes General Plan Designation: FXISTING: LDR, PROPOSED:MDR Existing Land Use: VACANT Proposed Land Use: SEE BELOW D. Previous Applications Relating To This Property OV8- OV11- E. Reason for Request OV9- OV 12- OV I0- OVI3- OWNER WISHES TO DEVELOP A SINGLE-FAMILY DETACHED SUBDIVISION WITH +1- 7,000 SQUARE FOOT LOTS. „ This application is true and correct to the best of my knowlcdgo. I am r74 f the jauthorized by the owner to make this application. Date ROBERT G. LONGAKER, III THE WLB GROUP, INC. 520.881.7480 property or have been VI 11/18/2002 MON 12:51 FAX 520 318 6170 THE WLB GROUP IM002 I En inoorin , Planning 9 9 Surveying! Urban Design Landscape Architecture November 15, 2002 Mr. Bryant Nadine Town of Oro Valley Planning &`Zoning 11000 North La Canada Drive Oro Valley, Arizona 85737 Subject: +/- 86 Acres Located at La Canada Drive and Rancho Feliz Drive Tax Parcels 225-06-0020 and 224-39-0240 WLB No. 101054-A.-001 Dear Mr. Nodine: On November 12, 2002, the Planning and Zoning Commission voted to deny the request of the Estes Company for the initiative of an amendment to the Town of Oro Valley General Plan (1996). We formally wish to appeal this denial to the Town Council. If you have any questions or concerns about this appeallease call me at 881-7480. , INC. bcrt G. on �rTI,.L.A. g Project Manager Land Planning and Landscape Architecture RGL:hg c: Bill Estes 1TI Kirk Larson L:\l0l054\Correspondence\Appc2i Lctrcr w Brym t.doc Gngineering . Planning - Surveying • Urban Design - Landscape ArChitecture Offioas located in Tucson. Phoenix, I as Vagas • E-mail: tvosonWwlbgrouP.cpm 4444 East Broadway - Tucson, Arizona 86711 • (520) 881-7480 - FAX (520) 881.7492 Text Index Major Street Names °• ° Oro Valley Limits Property Parcels Floodplain 0 100 Year D No Flood 0 500 Year ESTES PROPERTY GENERAL PLAN AMENDMENT N 600 0 600 1200 Feet NOTICE OF PUBLIC HEARING Page 1 of 2 Cuvelier, Kathryn From: Nodine, Bryant Sent: Friday, December 13, 2002 10:07 AM To: Cuvelier, Kathryn; Gay, Shirley Cc: Vella, Bayer; Sinclair, Brent; Sweet, Charles; Ronquillo, David �\ Subject: TCappeal.notice.CANCELLATION.doc Kathi: Please revise the agenda as the applicant has withdrawn the request. Shirley: Please send the cancellation out to Rancho Feliz (I'll show you which one). NOTICE OF CANCELLATION OF REVIEW BEFORE THE ORO VALLEY TOWN COUNCIL December 18, 2002 NOTICE THAT THE ITEM OV 11-02-03 REGARDING A REQUEST FOR AN APPEAL TO THE PLANNING AND ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY HAS BEEN REMOVED FROM THE DECEMBER 18, 2002 ORO VALLEY TOWN COUNCIL MEETING AGENDA IS HEREBY GIVEN: PLANNING & ZONING DIVISION 11,000 N. La Canada Drive, Oro Valley AZ 85737 Phone: 229-4800 Fax: 742-1022 PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC, REPRESENTING WILLIAM ESTES, REQUESTS AN APPEAL TO THE PLANNING & ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY; LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA_DRIVE. PARCELS# 225060020 & 224390240 The item does not need to be considered by the Town Council because the applicant has withdrawn the request. For additional information, contact David dronquillo@orovalley.net. Ronquillo, Planner I, at 229-4817 or 12/13/2002 .. - May 21, 2002 Mr. Kenneth L. Wilson Tucson, Arizona 85727. Re: Answers to Questions Raised in Neighborhood Meeting of May 15, 2002 +/-86 Acres Located in the Vicinity of Rancho Feliz Drive and La Candada Drive Oro Valley, Arizona Dear Mr. Wilson: Thank you for attending and participating in the May 15'h meeting regarding the +/-86-acre property located north of Rancho Feliz Drive and west of La Canada Drive. During the meeting, several questions were asked that required information from the owner of the property or additional research to be done. This letter is to provide you with answers to those questions. Question]: What is the ownership history of the subject property? Estes Homes acquired the property in 1977 and held it in Fidelity National Title Agency, Trust No. 50005. On March I6, 1992 the property was transferred to Fidelity National Title Agency, Trust No. 50064. TEM Corp., a Tucson -based company, holds this trust. Question 2: What is the anticipated selling price of the proposed houses? The prices of the proposed homes are expected to range from $250,000 to $350,000. Question 3: How will this project impact existing water and wastewater in and school facilities? The developer of this project will work with Pima County Wastewater Management Department to provide sewer service to the proposed houses. Existing sewer lines are located within one-half mile ofthe subject property. The developer of this project will also work with Oro Valley Water Utility to provide potable water service to the proposed houses. And finally, the developer of this project will work with the Amphitheater Public School District to make accommodations for new students generated by this proposed project. Question 4: What is the timeline for this project? Mr. Kenneth L. Wilson May 21, 2002 Page 2. This project is in its very early stages, where the opportunities and constraints on development are investigated and fully understood. In order to develop a community other than what is allowed under current zoning, the owner must complete several steps prior to the commencement of construction. These steps would take a minimum of 18 to 24 months. Thank you again for attending the meeting and discussing the proposed project. Should you have additional questions, please call. We plan on holding a second meeting with you and other concerned neighbors in the near fixture. A representative from the developer will be present at this meeting to answer additional questions and respond to your concerns. Sincerely, THE WLB GROUP, INC. Robert G. Longaker III Project Manager Land Planning and Landscape Architecture SIGN -IN SHEET NEIGHBORHOOD MEETING MAY 15, 2002 RE: PROPERTY AT LA CANADA DRIVE AND RANCHO FELIZ DRIVE vflA) / J 1<^-Aleen bUCh2r14n �20 _6 A i► r- �GsLS Ey S tM, Y TYt E ! TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT DEPARTMENT - Planning and Zoning - Building Safety 11000 N. La Canada Drive, Oro Valley, AZ 85737 • (520) 229-4800 • Fax (520) 742-1022 - Parks and Recreation 680 W. Calle Concordia, Oro Valley, AZ 85737 - (520) 229-5050 • Fax (520) 797-2202 April 15, 2002 Robert G. Longaker III The WLB Group, Inc. 4444 E. Broadway Blvd. Tucson, Z 85711 Re: Pre -Application Comments for Rezoning of property at southwest corner of La Canada & CDO Wash (Parcel #s 225-06-0020 and 224-390-240) Dear Mr. Longaker: Staff is looking forward to working with you on this rezoning project. Hopefully, the following comments will assist you in preparing a future submittal. Please note that these comments are preliminary in nature, and we'll provide you detailed comments after we receive the full submittal. Zoning not in Conformance with General Plan Any request for rezoning must be in full conformance with the adopted General Plan, as per Article 3-0 of the Oro Valley Zoning Code Revised (OVZCR). Currently your request to rezone is not in conformance with the Town of Oro Valley's General Plan (GP) as summarized in the table below: Project Area General Plan Land Use Designation Request(based on Density) Northern half of the Parks and Open Space Medium Density Residential 2.1 to property 5.0 Du/Ac Southern half of the Low Density Residential 0.6 to 1.2 Medium Density Residential 2.1 to property u/ac P.0 Du/Ac You will have to request a GP amendment before you can apply for a rezoning of this property. You will need to submit an application for a GP amendment, as per Sec. 3-005 of the OVZCR. However, as you are aware, the Town is currently in the process of updating its GP. Therefore at this time, for any GP amendments, staff recommendation will be to continue this item until the update 2020 is complete and approved. We understand that you are currently involved with the update 2020 process to look at the land use alternatives for your property. Riparian Habitat Overlay District The proposed development is located along riparian habitat as per the Oro Valley riparian habitat map. There is a small portion of the riparian areas that falls within this property. Therefore, all development standards of this overlay district shall also apply to this project. A Riparian Habitat Study & Mitigation Plan will be required with the submittal of a subdivision plat for this property. www.townoforova Iley.com Recreation Areas • As per Sec. 4-305 of the OVZCR, you need to provide 1 acre of recreation area for every 85 dwelling units. Please show the required recreation areas. • Staff would like to see a trail along the CDO Wash Article 16-1 Design Guidelines • Vary the setbacks of the houses to provide an interesting streetscape. • Garages may project no more than 5 feet in front of a house. • Elevations and floor plans for adjacent houses should vary to provide non -monotonous street appearance. • The garage should consist no more than 50% of the total building frontage. Floodplain and Drainage Comments • Work with property owner to the west of the site regarding floodplain and drainage issues. • See comments from Public works Miscellaneous • Staff strongly recommends that you conduct neighborhood meetings early in the process to involve and get input from the neighbors. At this juncture, staff is concerned about the compatibility of. the proposed density with existing surrounding developments. It is unlikely, such a proposal will receive positive recommendation by staff. Staff is looking forward to working with you on this rezoning project. Please call me at (520) 2294814 or email me at sjain(@orovallqy.net for any questions that you may have. Sin erely, Sangeeta Jam, Planner II cc: Bryant Nodine, Planning and Zoning Administrator Bayer Vella, Senior Planner Shirley Gay, Development Coordinator Craig Civalier, Public Works F:\OV\OV9\2002\OV9-02-08\Preapp Comments.doc 2 OWN OF ORO VALLEY 1000 N. La Canada Dr. OEC 5 -ro Valley, AZ 85737 sc 2002 y F u'02 ' U. 9500 N RANCHO FELIZ DR TUCSON AZ J 85737-0000 A;�pi�D N(1a PEAR51].. ES m i AX x TOWN OF ORO VALLEY 11000 N. La Canada Dr. y0 2 Z DEC-5'02 �;N `� Oro Valley, AZ 85737a -ram 4R11- Pgg4"gg'��EQ�40 U.S. POSTAGE REAM To SFN1'J�? Wr ,[�ci14�i Ai7Li A$ awswo TUC.si. RZ 11210 FRIED BANGS ONE S CHURCH TUCSON AZ 85701 The ` V GrLB / C� oup Mi. Bryant Nodine Town of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 85737 DEC 1 3 2002 December 12, 2002 Engineering • Planning Surveying • Urban Design Landscape Architecture Subject: OV11-02-03 General Plan Amendment The Estes Property Located South of the Canada Del Oro Wash And West of La Canada Drive, Parcels #225060020 and 224390240 WLB No. 101054-A-001 Dear Mr. Nodine: On behalf of our client, The Estes Company, we wish to withdraw our request to appeal to the Oro Valley Town Council the decision by the Planning and Zoning Commission to deny our request for an amendment to the Oro Valley General Plan Focus 2020. If you need further information or have any questions, please call me at 881-7480. Sincerely, THE WLB GROUP, INC. Robert G. Longaker III, R.L.A. Project Manager Land Planning and Landscape Architecture RGL:hg C:David Ronquillo Engineering • Planning • Surveying • Urban Design • Landscape Architecture L:\101@5q\iQQrr@vop&DeSVl�itbdt4yvOPARem et.Oooenix, Las Vegas • E-mail: tucson@wlbgroup.com 4444 East Broadway • Tucson, Arizona 85711 • (520) 881-7480 • FAX (520) 881-7492 �PLLEY qR v , A UN D ED �g1 November 22, 2002 Robert Longacker The WLB Group Inc. 4444 E. Broadway Tucson, AZ 85711 Fax #881-7492 TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT DEPARTMENT Planning and Zoning - Building Safety 11000 N. La Canada Drive, Oro Valley, AZ 85737 - (520) 2294800 - Fax (520) 742-1022 Oro Valley Public Library 1305 W. Naranja Drive, Oro Valley, AZ 85737 - (520) 229-5300 - Fax (520) 229-5319 Parks and Recreation 680 W. Calle Concordia, Oro Valley, AZ 85737 • (520) 229-5050 - Fax (520) 797-2202 RE: OV11-02-03, General Plan Amendment, Parcel #225060020 & #224390240 Dear Mr. Longacker: At their regular meeting of November 12, 2002 the Planning & Zoning Commission recommended to deny the proposed initiation to amend the Town of Oro Valley General Plan (1996) for the Estes Property. There were no conditions addressed at this meeting and the following motion was specified; MOTION: Commissioner Krenkowitz MOVED to deny OV11-02-03, request to initiate all amendment to the Tows: of Oro Valley General Plan for the Estes propertyfrom Low Density Residential (6 — 1.2 dwelling units/acre) to Low Density Residential (1.3 — 2.0 dwelling units/acre). Commissioner Manross seconded the motion. Motion carried by a 6-0 vote. Staff has received your letter requesting to appeal the Planning & Zoning Commission's decision. The appeal will be scheduled for review at the December 18, 2002 Town Council meeting. Please let me know at 229-4817 if you have any questions. cerely, David Ronquillo Planner I cc: Brent Sinclair, Community Development Director Bryant Nodine, Planning & Zoning Administrator Craig Civalier, Planning Division Engineer Bill Estes, TEM Corp. (fax #571-1961) www.townoforovalley.com 111�' {nt �� RdT.R1!1� Town Minutes - Oro Valley, AT Page 1 of 12 MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION DECEMBER 18, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER: 7:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paula Abbott, Council Member Bart Rochman, Council Member Werner Wolff, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings. He also announced that the Town Hall offices would be closed for Christmas Day and New Year's Day. CALL TO AUDIENCE — No speakers. 1. CONSENT AGENDA At the request of Council Member Abbott, Mayor Loomis pulled Item G from the Consent Agenda. MOTION: Vice Mayor Johnson MOVED to APPROVE the Consent Agenda with the exception of Item G. Council Member Rochman SECONDED the motion. Motion carried, 5 — 0. httn•//www ri nrn-vP11Pv n7 nc/Tn.x,nhall/('n,,,,�;io%�IIT�T;,,,,ro� 1,+-1 A rnI v►nn11 Town Minutes - Oro Valley, Page 2 of 12 A. Minutes— 11/14/02; 11/15/02 ; 11/25/02 ; 12/02/02 ; 12/04/02 B. Building Safety Activity Report — November 2002 C. Coyote Run Activity Report — November 2002 D. Public Library Activity Report — November 2002 E. Police Report — November 2002 F. Resolution No. (R 0) 2-109 Authorizing and approving a contract with Castro Engineering, Inc. in the amount of $64,045.00 for providing professional civil engineering services to design La Canada Drive Water Line Replacements from Calle Concordia to Lambert Lane G. Resolution No. (R)02-110 Acceptance of quotes and Award of Contract to Econolite Control Products, Inc. in the amount of $135,102 + tax for Traffic Control Video Detection System for the following intersections: Tangerine Road/La Canada Drive, Tangerine Road/First Avenue, and Naranja Drive/La Cholla Boulevard (PULLED FOR DISCUSSION) H. Resolution No. (R)02-111 Award of Contract to RS Engineering in the amount of $189,780 for professional engineering services for Phase 2 100% Plans and Specification for Oracle Road Improvement District, Project No. OV 30 99/00-08 I. Approval of the continuation of current Grievance Review Board members terms for a period of 3 months from the expiration date of 12/31/02 to allow any current grievances already in process to be heard and addressed J. Approval of the Proposal for Compensation and Benefits Study K. Approval of the establishment of the Library's "Planning for Results" Committee and appointment of members to the Committee G. RESOLUTION NO. (R)02-110 ACCEPTANCE OF QUOTES AND AWARD OF CONTRACT TO ECONOLITE CONTROL PRODUCTS, INC. IN THE AMOUNT OF $135,102 + TAX FOR TRAFFIC CONTROL VIDEO DETECTION SYSTEM FOR THE FOLLOWING INTERSECTIONS: TANGERINE ROAD/LA CANADA DRIVE, TANGERINE ROAD/FIRST AVENUE, AND NARANJA DRIVE/LA CHOLLA BOULEVARD Council Member Abbott thanked Town Engineer Bill Jansen and Civil Engineer Paul Nzomo for their "cost saving" efforts. She stated that they saved the Town $100,000 per intersection on the project. MOTION: Council Member Abbott MOVED to APPROVE Resolution No. (R)02-110. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 — 0. 2. PRESENTATION OF THE STATUS OF THE RECLAIMED WATER SYSTEM MASTER PLAN BY ALAN FORREST, WATER UTILITY DIRECTOR Ron Williams, consultant for CH2MHill, reviewed the status of the Reclaimed Water System Master Plan. He reported that the Design Schedule would be completed November 2003 with an anticipated httD://www.ci.oro-vallev.az.us/Townhall/('rninr,il%2OMimitPc html M 01 i1)nn2 Town Minutes - Oro Valley, ff Page 3 of 12 completion of the project in July 2005. Mr. Williams also reported that they would be finalizing the pipeline alignments, conducting field surveying and aerial mapping, geotechnical investigations, and holding further consultations with U.S. Fish and Wildlife for permitting in the near future. 3. RESOLUTION NO. (R) 02-112 AUTHORIZING AND APPROVING A CONTRACT WITH WESTLAND RESOURCES, INC. IN THE AMOUNT OF $82,730 FOR PROFESSIONAL ENGINEERING SERVICES TO PREPARE A POTABLE WATER SYSTEM MASTER PLAN UPDATE FOR THE ORO VALLEY WATER UTILITY Water Utility Project Manager David Ruiz reported that the 1998 Potable Master Plan is being updated to reflect the Townwide growth and insure better service to customers. He stated that staff is recommending approval of a contract with Westland Resources, Inc. for engineering services to prepare the Potable Water System Master Plan update. In response to a question from Vice Mayor Johnson regarding the fee for services, Thom Martinez, Westland Resources, Inc., explained that they would be preparing a very detailed technical document but the data would be provided to the Water Utility for their use in the future. MOTION: Vice Mayor Johnson MOVED to APPROVE Resolution No. (R)02-112 authorizing and approving a contract with Westland Resources, Inc. for Engineering Services to prepare a Potable Water System Master Plan Update for the Oro Valley Water Utility. Council Member Wolff SECONDED the motion. Motion carried, 5 — 0. 4. RESOLUTION NO. (R)02-113 AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH PIMA COUNTY FOR THE DESIGN AND CONSTRUCTION IMPROVEMENTS TO LA CANADA WIDENING FROM LAMBERT LANE TO CALLE CONCORDIA (PROJECT NO.OV 30-99/00-25) Town Engineer Bill Jansen reported that approval of Resolution No. (R)02-113 would authorize an Intergovernmental Agreement (IGA) with Pima County for the widening of La Canada Drive from Lambert Lane to Calle Concordia. He explained that the project was identified in the 1997 Pima County Bond package. He stated that through negotiations with Pima County , Oro Valley would manage the construction of the project. Under the arrangement, Pima County would make available the bond monies designated in the special bond election and Oro Valley would make $3 million available as identified in 1997 in the Town -wide Roadway Development Impact Fees. He explained that some monies for the project would also come from PAG TIP (Pima Association of Governments Transportation Improvement Plan.) Mr. Jansen further explained that one of the requirements of the IGA is that the Town of Oro Valley petitions the Pima County Board of Supervisors for the establishment of a county highway for the project. This allows Pima County to spend the bond funds on the project. Once the project is completed, Pima County would abandon the project back to the Town of Oro Valley. He also stated that the Town would maintain full control of the project throughout construction. In answer to questions from Council Member Abbott, Mr. Jansen explained that the Town would still enforce/maintain all operational functions in the area (i.e. policing, street sweeping, maintenance, etc.) He explained that placement of noise mitigation walls are determined by Federal Highway Standards. He also explained that the project would be using rubberized asphalt which helps reduce noise. Further discussion followed regarding: httn://www.ci.oro-vallev.az.us/Townball/Coiincil%2OMirmtec htmt A i1)1 /Innll Town Minutes - Oro Valley, t4 Page 4 of 12 • Use of rubberized asphalt on the project, funding options, reduction of noise and use of noise mitigation walls (project meets Federal Highway standards and criteria when designing noise abatement measures.) • Designation of ownership of roadway during construction (mechanism by which jurisdictions can spend County Bond monies per State Statute and are specific to Highway User Revenue Funds (HURF). • Timing of project. • Moving WAPA line poles. • No direct cash credit for monies already spent by the Town on work done on La Canada Drive and Calle Concordia. Mayor Loomis opened the floor for public comment. Jack McDaniel, 9360 N. La Canada Drive, stated that he previously had concerns regarding the possibility of unattractive sound walls and the entrance and exit from his property onto La Canada Drive . He stated that he has met with Town staff and he is pleased with the outcome of the meetings. He thanked the Town for their interest and help in resolving his concerns with the project. MOTION: Council Member Rochman MOVED to APPROVE Resolution No. (R)02-113 and to authorize the Mayor to sign the petition for the establishment of the County highway. Council Member Wolff SECONDED the motion. Motion carried, 5 — 0. (Wording of Motion has been corrected to reflect the correct Resolution number. Wording of Resolution was also corrected as directed by the Mayor and Council after Agenda Item 7.) 5. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY TO ESTABLISH COOPERATIVE CONSERVATION PLANNING Community Development Director Brent Sinclair reported that approval of the Memorandum of Understanding (MOLT) would define the relationship between the Town and Pima County as it relates to the regulatory authority over threatened and/or endangered species. It would also establish coordinative efforts for conservation planning. Mr. Sinclair highlighted some of the main points as follows: The Town and the County would secure separate Section 10(a) permits. Prior to the application of a Section 10(a) Permit, the Town agrees to produce a Habitat Conservation Plan which would address the needs of threatened/endangered species in Oro Valley. Pima County will share all of its Sonoran Desert Conservation Plan GIS and related data with the Town upon request at no charge. In response to suggested wording changes by Council Member Abbott, Civil Attorney Joe Andrews explained that the Town is pre-empted from listing additional species. He explained that U.S. Fish and Wildlife would add or subtract from the list as Federal laws provide. httn-//unnnu ri nrn-imileii a7 »e/Tnumhall/!'rnmrila/ 7(llVlimitac html M /?1 /,)nn1 Town Minutes - Oro Valley, itf Page 5 of 12 Community Development Director Brent Sinclair suggested that Section 1.2 would allow the Town to decide as part of the Section 10 proposal which species they may want to include besides the threatened and/or federally listed endangered species. He also explained that the purpose of the Memorandum was to show the Town of Oro Valley's support for Pima County's funding attempt. MOTION: Vice Mayor Johnson MOVED to APPROVE the Memorandum of Understanding with Pima County. Council Member Rochman SECONDED the motion. Motion carried, 5 - 0. 6. FISCAL YEAR 2003-2008 CAPITAL IMPROVEMENTS PROGRAM (CIP) TECHNICAL ADVISORY COMMITTEE REPORT AND REQUEST FOR APPROVAL OF CIP PROJECT EVALUATION CRITERIA AND WEIGHTS Nina Trasoff, Consultant and facilitator to the Capital Improvements Program (CIP) Technical Advisory Committee (TAC), stated the CIP TAC has compiled a five-year needs assessment for Fiscal Years 2003-2008 after reviewing all the project requests as submitted by the various Town departments. She stated that the projects have been grouped according to their funding (dollar) sources to provide a clear idea of what each item was competing against. Ms. Trasoff stated that after lengthy discussion, the TAC decided to recommend leaving the evaluation criteria and weights the same as last year's. Ms. Trasoff further explained that in January, the Assumption Projects (those projects deemed necessary to the Town, or replace existing equipment according to an ongoing plan or a Standard Operating Procedure, or have a designated outside funding source) would normally be pulled and the remaining projects would then be ranked using the approved evaluation criteria and weights. However, because of limited funding in the General Fund, the Assumption Projects will also be ranked as they were last year. Ms. Trasoff stated that the TAC has expressed concerns regarding this pattern and has asked that the Council begin to consider what other funding sources may be necessary to provide the services that the Town deems necessary. She also expressed the TAC's concerns regarding the future of Development Impact Fee funding as the Town is built out. Ms. Trasoff reported that at their December 3, 2002 meeting, the Planning and Zoning Commission recommended that the CIP Evaluation Criteria and Weights be forwarded to the Town Council for approval. Discussion followed regarding: • Looking at capital expenditures/needs • Studying the budget numbers. • The Budget and Bond Committee has been directed to study other revenue sources. • Development Impact Fees are tied directly to new development. • Even when the Town hits "build out" there will be an increased use of the roads, intersections, etc. • A Budget and Bond Committee member currently sits on the CIP TAC. httn://www.ci.oro-vallev.a7..ns/Townhall/C..nnnril%7nMirmtpe html A /11 i1n112 Town Minutes - Oro Valley, IR Page 6 of 12 MOTION: Council Member Rochman MOVED to APPROVE the CIP Project Evaluation Criteria and Weights. Council Member Wolff SECONDED the motion. Motion carried, 5 — 0. 7. PUBLIC HEARING — ORDINANCE NO. (0)02-37 AMENDING POLICY NO. 8, METHOD OF FILLING VACANCIES OF THE TOWN OF ORO VALLEY PERSONNEL POLICIES AND PROCEDURES CODE REGARDING HIRING INCENTIVES; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH_ Human Resources Director Jeff Grant reported that concerns were expressed during the Study Session held on November 25, 2002 regarding amendments to Policy No. 8 of the Personnel Policies and Procedures. Items that have been addressed in the revised Ordinance are as follows: • Provides for the use of cash incentives, with no more than 50% of the incentive to be received prior to completion of one year of service to the Town. • Limits the value of any non -cash incentives to 10% of the employee's annualized salary. • Limits the value of all incentives to the confines of the annual budget for the Department requesting the hiring incentives. In response to a question from Mayor Loomis, Finance Director David Andrews explained that outstanding commitments (or unspent monies) would roll forward to next year's budget. Council Member Abbott asked that the wording in the last sentence in Section 4 of the Ordinance be changed from "any required periodic reports" to "with periodic reports." Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Rochman MOVED to APPROVE Ordinance No. (0) 02-37 amending the Town of Oro Valley Policies and Procedures Code, Policy No. 8 -Methods of Filling Vacancies, with the change in Section 4 from "any required periodic reports" to "with periodic reports." Vice Mayor Johnson SECONDED the motion. Motion carried, 5 — 0. Mayor Loomis recessed the meeting at 8:02 p.m. The meeting resumed at 8:17 p.m. Mayor Loomis stated that due to a Scrivener's error on Item 4, Town Clerk Kathi Cuvelier would read the corrected title into the record. Ms. Cuvelier read the following: "RESOLUTION NO. (R)02-113 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR THE CONSTRUCTION OF THE WIDENING OF LA CANADA DRIVE FROM LAMBERT LANE TO CALLE CONCORDIA." The Mayor and Council agreed to the changes as read. 8. PUBLIC HEARING - ORDINANCE NO. (0)02- 38 AMENDING CHAPTER 7, STREETS, HIGHWAYS, PUBLIC WAYS — SUBDIVISIONS, SECTION 7- 9-1 OF THE TOWN CODE OF THE TOWN OF ORO VALLEY EFFECTIVELY DELEGATING THE POWER TO ACCEPT NEW STREETS, DRAINAGE WAYS AND RIGHTS -OF -WAY PROPOSED TO BE ACCEPTED INTO THE TOWN AND REPEALING ALL RESOLUTIONS, ORDINANCES, httn-//www ri nrn_vn11Pv a7 iic/Tnu�nhall/('n�inril�/7f1Mim�tPc htrnl M i1)1 Onnz Town Minutes - Oro Valley,1h Page 7 of 12 AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH Town Engineer Bill Jansen reported that adoption of Ordinance No. (0)02-38 would simplify the procedure by which public streets are accepted by the Town for maintenance. He explained that the existing Ordinance requires the developer to initiate the procedure for acceptance which has resulted in many streets not being accepted into the Town's maintenance procedures. The new Ordinance would authorize the Town Engineer to accept streets for maintenance purposes when certain conditions and criteria have been met. In response to a question from Council Member Rochman, Mr. Jansen explained that a Pavement Preservation Bond is posted by the developer. He stated that he has also discussed the proposed procedure with Southern Arizona Home Builders Association (SAHBA) and their comments have been incorporated into the procedure. In response to questions from Mayor Loomis, Mr. Jansen explained that they primarily need the plans on MyIar and having it in an electronic format would simply be an "assist." Minor amendments would then be noted on the Final Plat. He stated that he did not have a problem requesting the electronic format; however, several of the Town's engineer's computers did not have the software to read AutoCAD. Mayor Loomis opened the public hearing. Don Bristow, 12190 N. Copper Spring Trail, questioned whether the process was different enough from the current process that it would hasten and expedite the "turning over of streets" to the Town for maintenance. He suggested that there should be some mechanism included that allowed the Homeowner's Association to come to the Town if the developer does not come forward to ask for the turnover. Mayor Loomis closed the public hearing. Mr. Jansen stated that the current process requires that the developer bring the acceptance of the streets forward to the Town. He explained that there was currently nothing in the Code that would allow the Town to initiate the action. He also explained that in the case of Copper Ridge, they have been working with the developer to standardize the streets in order to get the streets accepted by the Town. Mr. Jansen stated that if adopted, the new procedures would speed up the process as it would take the developer out of the initiation of the acceptance of the streets. In response to questions from Mayor Loomis, Mr. Jansen explained that there is a provision in the new ordinance that would require that the developer maintain the street sweeping responsibility for a certain period of time. He further explained that a Preservation Bond is also posted by the developer to protect against damage to the streets, etc. during the construction period. He also said that if nails, debris, etc. are left in the roads by the contractors, the Town could require clean up under the Zoning Code and it is also enforceable under littering of the streets in the Town Code. He said that there were also more inspectors in the Town that would be able to look for such problems and see that they were addressed. MOTION: Vice Mayor Johnson MOVED to APPROVE Ordinance No. (0)02-38 amending the Oro Valley Town Code Section 7-9-1 , Acceptance of Deeded or Dedicated Streets, Drainageways and Rights -of -Way with the additional requirement that the as -built plans also be submitted in electronic format where appropriate. Council Member Rochman SECONDED the motion. bttn-//www ri nrn_vn11Pv n7 bfrnl 1)1 /71 /1)M12 Town Minutes - Oro Valley, A.. Page 8 of 12 DISCUSSION: In response to questions from Council Member Abbott, Mr. Jansen explained that the amount of the bond that is posted is determined by the Town Engineer at the time of the posting (when the developer comes forward with the as -built plans.) The amount is determined in accordance with any potential damage that could occur in the area. He stated that the developer is notified when the streets have been accepted by the Town. He also stated that there were no legal provisions to notify the Homeowner's Associations (HOA); however, the Town could also copy the notice of the acceptance to the developer to the HOA. Mr. Jansen also explained that the time frame is determined by the type and amount of construction that is taking place. AMENDMENT TO THE MOTION: Council Member Abbott asked to amend the motion to include: A copy of the notification letter to the developer will be provided to the Homeowner's Association (HOA). Vice Mayor Johnson and Council Member Rochman agreed to the amendment. MOTION AS AMENDED, carried 5 — 0. 9. PUBLIC HEARING OVI1-02-03 REQUEST TO APPEAL THE PLANNING & ZONING COMMISSION'S DECISION TO NOT INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY; LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, (PARCELS 225060020 & 224390240) Community Development Director Brent Sinclair reported that the applicant has requested a withdrawal of their appeal. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. (No further action was required since the request was withdrawn.) 10. PUBLIC HEARING -ANNEXATION ORDINANCE NO (0)02-39 EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, PIMA COUNTY, STATE OF ARIZONA PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA Special Projects Coordinator Scott Nelson explained that adoption of Ordinance No. (0)02-39 would annex 9.986 acres of property acquired by the Town of Oro Valley for the future extension of La Canada Drive from Tangerine Road to Moore Road. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Wolff MOVED to ADOPT Ordinance No. (0)02-39 extending and increasing the town limits of the Town of Oro Valley pursuant to the provisions of Title 9, Chapter 4, Article 7, Arizona Revised Statutes and amendments thereto, 9.986 acres of Town owned property. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 -0. 11. OV12-02-18 REQUEST FOR APPROVAL OF A PRELIMINARY PLAT FOR RANCHO VISTOSO NEIGHBORHOOD 10 PARCEL W, LOCATED %. MILE NORTH OF MOORE ROAD AND '/4 MILE EAST OF LA CANADA EXTENSION (PARCEL #21922002S) http://www.ci.oro-valley.az.us/Townhall/Council°/`20Minutes.htTnl 01/21/2003 Town Minutes - Oro Valley, A� Page 9 of 12 Community Development Director Brent Sinclair reviewed an overhead map depicting Rancho Vistoso Neighborhood 10 Parcel W. He explained that the applicant has requested a density transfer from Parcel W to Parcel V. He further explained that the subject property consists of 8.85 acres with a total of 36 lots. The zoning is Rancho Vistoso Planned Area Development (PAD) High Density Residential; however, the applicant has proposed to develop this parcel with the standards of Medium High Density Residential through the use of a density transfer. He stated that 114 density units from Parcel W would be transferred (if approved) to Parcel V. Mr. Sinclair explained that his ability to transfer density is specifically enabled within the Rancho Vistoso PAD. Mr. Sinclair further stated that the preliminary plat request is in conformance with the property standards of the Rancho Vistoso PAD and the requirements of the Zoning Code Revised. Mr. Sinclair further stated that issues regarding encroachment into the Golf Course Overlay District have been worked out with the assistance of a professional golf course architect. He also stated that a mitigation plan has been approved for the riparian areas with approximately 7,653 square feet of disturbed area being proposed for a land trade of approximately 8,166 square feet. The mitigation plan also includes proposed enhancements to existing riparian areas with sparse vegetation. In response to questions from Council Member Abbott, Mr. Sinclair explained that Parcel V is zoned Medium Density Residential which allows 4 — 6 units per acre. He stated that if all 114 units were transferred from Parcel W to Parcel V, then the density would be increased to approximately 8 %2 units per acre. However, the PAD limits the amount of increase from one neighborhood to another. The change allowed could be up one category which would be Medium High Density Residential which allows 6 — 8 units per acre. Mr. Sinclair also explained that in general, transfers are allowed from neighborhood to neighborhood as long as the caps are not exceeded. Regarding trade of riparian areas, Mr. Sinclair explained that staff felt that the trades were equitable. He also stated that regarding recreation areas, the PAD identifies recreation areas. The recreation area as required in Neighborhood 10 is completed. If recreation areas are not required by the PAD, then in -lieu fees or allocation of space is also not required. Steve Oliverio, The WLB Group representing Vistoso Partners, stated that they have worked on the project for some time with Town staff and good progress has been made. He stated that they have no problems with conditions as recommended by Town staff. Mayor Loomis asked to have General Note 20 corrected to read " Oro Valley " flood plain. He also stated that in the past, riparian areas have been identified by notes on the plan. He questioned whether a restrictive note should be applied to Common Area A saying that the area is protected/dedicated natural open space. Mr. Oliverio explained that on other projects, they have made that line a conservation easement which is spelled out in the notes and is the tool to take care of such things. They would apply the same practice to this plat. In response to a question from Mayor Loomis regarding the accounting of density transfers, Mr. Dick Maes, Vistoso Partners, stated that the tally is kept by The WLB Group. He stated that they had 13,500 density units originally approved for the Rancho Vistoso PAD and would probably end up using about 8,500 density units. The density units are transferred per a requirement by the Town. He stated that he only remembered one occasion that some of the transferred units (approximately 20 units) were actually used. http://www.ci.oro-valley.az.usfFownhall/Council%20Minutes.html 01/21/2003 Town Minutes - Oro Valley, A� Page 10 of 12 Mr. Sinclair further explained that the way the units are accounted for is that they are specifically spelled out on the plat at the time of filing. He said that staff would prepare a status report on the transfer of density units for future reference. Mayor Loomis opened the floor for public comment. Don Bristow, 12190 N. Copper Spring Trail, asked that Condition 3 in Exhibit "A" be changed by adding Vistoso Highlands Drive in order to connect Rancho Vistoso Boulevard to Hidden Springs Drive. He also stated that La Cholla Boulevard should be added so construction traffic could access Moore Road . He also asked that there be something that requires that the developer communicate to contractors and enforcement of posted signage to ensure that construction traffic does not utilize any streets except those identified for construction traffic. Bill Adler, 10720 N. Eagle Eye Place, stated that he believed that development projects should comply with the Zoning Code and that the Zoning Code should be enforced. He stated that the Riparian Habitat Ordinance does not reference trades or permit encroachment by accepting land trades. He stated that the proposal seems to allow permanent encroachment into the fifteen foot apron. He stated that the apron is a trample zone which is to be restored and revegetated. He also stated that there is no such thing as an industry standard within golf course overlay districts and to rely on a golf course architect is an error and the Code should be adhered to. Mr. Adler asked that the Town stand by its Zoning Code and Riparian Habitat Ordinance and stated that any exceptions to these items should be handled as variances that are heard by the Board of Adjustment. In response to comments made by Mr. Bristow, Town Engineer Bill Jansen explained that the construction traffic has been routed across Moore Road and can access La Cholla Boulevard to the west. This will detour much of the traffic off of Copper Springs Trail. He stated that Copper Springs Trail has been posted with No Construction Traffic and the Police Department will enforce the signage. He also stated that they could add Vistoso Highlands Drive to Condition 3 in Exhibit "A". MOTION: Vice Mayor Johnson MOVED to APPROVE OV 12-02-18, Preliminary Plat for Rancho Vistoso Neighborhood 10 Parcel W, effective on the date of satisfaction of the conditions listed in Exhibit "A" with the change to Condition 3 by adding Vistoso Highlands Drive and La Cholla to the construction traffic route and by adding an additional condition regarding a note to be added for the protection of riparian area/conservation area in Common Area A. EXHIBIT "A" (Amended per motion.) l . Show the erosion hazard set back line on the preliminary plat 2. A license agreement between the Town and the HOA is required for all landscaping in the right-of-way of Desert Fairways Drive. The ROW agreement must be approved by Town Council prior to final plat approval. 3. Construction traffic shall be restricted to Rancho Vistoso Boulevard, Vistoso Highlands Drive, Hidden Springs Drive, Desert Fairways Road, Moore Road and La Cholla Boulevard . 4. A note will be added for the protection of the riparian area/conservation area in Common Area A. http://www.ci.oro-valley.az.us/Townhall/Council%20Minutes.html 01 /21 /2003 Town Minutes - Oro Valley, A4- Page 11 of 12 Council Member Wolff SECONDED the motion. DISCUSSION: Council Member Abbott expressed her concerns regarding golf course overlay setbacks. She also expressed concerns regarding Lot 21 and the encroachment into the apron and open space. Amendment to the Motion: Council Member Abbott asked to amend the motion by changing the setback distance from 150 feet to 200 feet on the 13t' Green and that Lot 21 be made all open space or reduce the size of the lot. AMENDMENT WAS NOT ACCEPTED by Vice Mayor Johnson or Council Member Wolff. Mr. Sinclair stated that these changes would most likely require a new preliminary plat submittal. He also stated that the golf course architect takes many things into consideration when recommending setbacks, etc. including the direction balls are being hit. In response to Council Member Abbott's concerns regarding Lot 21 and encroachment, Mr. Sinclair stated that the site visit showed that there was no significant vegetation in that section of Lot 21. He stated that they feel that a significant trade has been made with the common area as the developer has proposed and also as agreed to by naming the area as a conservation easement. (Mr. Sinclair then reviewed the areas of trade, vegetation enhancement, etc.) MOTION CARRIED, 5 — 0. 12. TOWN COUNCIL AUTHORIZATION TO REDUCE BOUNDARIES OF PREVIOUSLY FILED LA CHOLLA BLVD. , AND LUCERO ROAD ANNEXATION MAP Special Projects Coordinator Scott Nelson reported that after the December 4, 2002 public hearing and further conversations with property owners south of Lucero Road, internal analysis has determined that the annexation of La Cholla Boulevard/Lucero Road would have a greater success by reducing the map to include only those properties located north of Lucero Road. He further explained that those properties located within the reduced area (29 properties) are within the Town's General Plan area and should be considered for annexation by the Town. Mr. Nelson explained that the map has been reduced in accordance with ARS 9-471.5 and the legal department has approved the process. In response to a question from Council Rochman, Mr. Nelson explained that the reduced map would take in Lucero Road in its entirety. Mayor Loomis explained that the reduction of the map was initiated in response to property owners south of Lucero Road who did not want to be annexed into the Town at this time. He stated that the Town wanted to listen to the people in a residential annexation area and that the property owners may want to be annexed into Oro Valley at a later date. MOTION: Vice Mayor Johnson MOVED to GRANT the Town Manager authority to initiate the filing of a reduction of the annexation map in unincorporated Pima County located west of the current town limits, known as the La Cholla Boulevard and Lucero Road area and recorded with the Pima County Recorders Office on November 31, 2002. Council Member Rochman SECONDED the motion. Motion carried, 5 — 0. TOWN MANAGER'S REPORT http://www.ci.oro-valley.az.us/Townhall/Council%20Minutes.html 01 /21 /2003 Town Minutes - Oro Valley, Page 12 of 12 Town Manager Chuck Sweet announced that there would be Ribbon Cutting Ceremony on Friday, December 20t' at 9:30 a.m. for the new Police Department Communications Center. CALL TO AUDIENCE — No speakers. ADJOURNMENT MOTION: Vice Mayor Johnson MOVED to ADJOURN at 9:30 p.m. Council Member Wolff SECONDED the motion. Motion carried, 5 — 0. Respectfully submitted, Roxana Garrity, CMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the _18th_ day of December 2002. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2003. Kathryn E. Cuvelier, CMC Town Clerk -` Visitors - Mayor & Council - Town Departments - License & ;. a. Permits - Recreation & Culture - Employment - Libras - y Public Safety - Transportation - Utility Services - Court A k. Services - Emer ency-Services Site Index (text menu) HOME PAGE_ http://www.ci.oro-valley.az.usfFownhall/Council%20Minutes.html 01 /21 /2003 TOWN OF ORO VALLEY COUNCIL COMMUNICATION TO: HONORABLE MAYOR & COUNCIL FROM: David Ronquillo, Planner I MEETING DATE: December 18, 2002 SUBJECT: PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC, REPRESENTING WILLIAM ESTES, REQUESTS AN APPEAL TO THE PLANNING & ZONING COMMISSION'S DECISION TO NOT INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY: LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS #225060020 & #224390240 OWNERSHIP: William A. Estes TEM CORP. 5151 E. Broadway Boulevard, Suite 200 Tucson, AZ 85711 Fax #571-1961 AGENT: The WLB Group Inc. 4444 E. Broadway Tucson, AZ Fax #881-7492 BACKGROUND: Section 3.005C of the OVZCR, specifies the following; "The Planning and Zoning Commission shall consider the proposed General Plan Amendment and based on its merits may order such amendments to a public hearing or may deny the request". "Denial of the Public Hearing by the Planning & Zoning Commission may be appealed to the Council". LANDOWNER'S REQUEST: On behalf of the WLB Group, the landowner requests to appeal the Planning & Zoning Commissions decision which involves a land use amendment to the existing Town of Oro Valley General Plan (1996) from Low Density Residential (.6-1.2 dwelling units/acre) to Low Density Residential (1.3-2.0 dwelling units/acre). The subject property consists of approximately 85 acres. GENERAL PLAN (1996): The existing General Plan designation for this site is Low Density Residential (0.6 to 1.2 dwelling units/acre) to the south and Open Space to the north in the 100-year floodway. G & ZONING COMMISSION: At their regular meeting of November 12, 2002, the Planning & Zoning Commission voted unanimously (6 - 0) to deny the applicant's request to initiate the proposed General Plan amendment for the Estes property until the F:\OV\O V 11\2002\11-02-03\TCappeal.report.doc TOWN OF ORO VALLEY 2 of Oro Valley General Plan Update is complete. The initiation should be reconsidered if the General Plan Update is not ratified in May 2003. The reconsideration of the initiation once the General Plan update is ratified in May 2003 would pose three concerns; 1. The application could be continued until June; however, if the update is approved by then, the application would be invalid. The applicant would be attempting to amend an outdated General Plan. 2. If the update is not ratified in May and this application is successful, the issue arises that the old plan may be amended only to be re -amended by the new plan soon after. 3. In accordance with the OVZCR, amendments for the General Plan are accepted for processing only during the two month periods commencing in February -March and August -September. In sum, a continuance to June is problematic. The applicant may re -apply in August and in fairness to the applicant, staff would not charge additional fees for re -application. RECOMMENDATION: Staff recommends that the Town Council deny the applicant's appeal to initiate the proposed General Plan Amendment until the Oro Valley General Plan Update is complete. However, Staff has also provided the second motion for a continuance until June, which meets the Commission's intent regarding reconsideration versus reapplication. MOTIONS: The Town Council may wish to consider one of the following motions: I move to deny OV11-02-03, request to appeal the Planning & Zoning Commission's decision to initiate a proposed general plan amendment for the Estes property from Low Density Residential (.6 — 1.2 dwelling units/acre) to Low Density Residential (1.3 -2.0 dwelling units/acre). OR I move to continue OV11-02-03, the General Plan initiation for the Estes property from Low Density Residential (.6 —1.2 dwelling units/acre) to Low Density Residential (1.3 -2.0 dwelling units/acre) to June 4, 2003. OR I move to approve OV11-02-03, by initiating the proposed general plan amendment for the Estes property from Low Density Residential (.6-1.2 dwelling units/acre) to Low Density Residential (1.3 — 2.0 dwelling units/acre). Attachments: 1. Location map 2. Applicant's appeal letter 3. Existing General Plan Town Administrator Director F:\O V\OV 11\2002\11-02-03\TCappeal.report.doc BACK UP DESIGNATIONS The following land use designations are recommended in the event that the use shown cannot be realized due to lack of funding or other factors. 1 Commerce Park 2 LDR 2.0 3 P/OS or Commercial/Elder Care 4 P/OS or R-LDR 5 LDR 1.2 6 Commercial 7 MDR 8 LDR 1.2 9 Master Planned Community (MPC) 4 PRE -ANNEXATION AGREEMENTS The following Pre -Annexation Agreements have been entered into by the Town of Oro Valley: A PAD Commercial, MHDR, MDR, & P/OS B PAD with HDR & Commercial C PAD with HDR D HDR E Commercial F HDR 9 d SPECIAL CONDITIONS a Allowable uses limited to those in the TP Zoning District b Uses limited to those in TP, TP Conditional, & smallscale retail c < = 2 DU/acre; < = 8 DU/acre maximum; 33% open space; minor resort with <= 150 rooms on <= acres d MPC not to exceed overall residential density of 1 unit/acre ©�0�P�_LEY ARj�o� v TOWN OF ORO VALLEY GENERAL PLAN N W E S Miles 0 0.3 0.6 1.2 1:60,000 tA E K Oro Valley GIS Services April 4, 2002 Update per (R) 01-85 November 17, 2001. This map was made with data from Oro Valley and Pima County. *` La Cholla Airpark General Plan Boundary mmn Oro Valley Town Boundary Urban Growth Boundary Transmission Line ---- La Cholla Airpark Planning Area Major Streets Rural Low Density Residential (0-0.3 DU/ac) u Low Density Residential (0-4-0.5 DU/ac) I-- Low Density Residential (0.6-1.2 DU/ac) Low Density Residential (1.3-2.0 DU/ac) Medium density Residential (2.1-5.0 DU/ac) Medium High Density Residential (5.1-10.0/ac) High Density Residential (10+ DU/ac) j Master Planned Community Resort Office Community Commercial Neighborhood Commercial Regional Commercial Commercial Park Public / Semi -Public Parks / Open Space Schools Planning Area Parcels selection ADVISORY NOTICE The land use designations on this map are policy recommendations only. Designations may or may not represent actual zoning of properties. No decisions regarding land purchase or possible construction should be based solely on these designations. For information about actual zoning entitle- ments, refer to the Town of Oro Valley Zoning Code Revised and related information. ORO VALLEY PLANNING & ZONING DEPARTMENT PLANNING AND ZONING COMMISSION REPORT MEETING DATE: November 12, 2002 TO: PLANNING AND ZONING COMMISSION FROM: David Ronquillo, Planner I SUBJECT: OV11-02-03, THE WLB GROUP INC, REPRESENTING WILLAM ESTES, REQUEST TO INITIATE AN AMENDMENT TO THE TOWN OF ORO VALLEY GENERAL PLAN (1996) LAND USE MAP FROM LOW DENSITY RESIDENTIAL (.6 — 1.2 to 1.3 — 2 0 DWELLING UNITS ACRE) LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH, WEST OF LA CANADA DRIVE AND OVERTON ROAD ON THE SOUTHEAST, PARCELS #225060020 & #224390240 OWNERSHIP: William A. Estes TEM CORP. 5151 E. Broadway Boulevard, Suite 200 Tucson, AZ 85711 Fax #571-1961 AGENT: The WLB Group Inc. 4444 E. Broadway Tucson, AZ Fax #881-7492 BACKGROUND: Sec. 3.005C of the OVZCR, specifies "the Planning and Zoning Commission shall consider the proposed General Plan Amendment and based on its merits may order such amendments to a public hearing or may deny the request". This request is solely to initiate the proposed amendment, and if approved, staff would evaluate the proposed amendment and prepare the necessary background information for the next Planning and Zoning Commission hearing. At the Planning & Zoning meeting of October 1, 2002, this item was continued at the request of the applicant. The applicant also requested to amend the application to change the requested land use designation from medium density residential to low density residential. They would make this request at the October Commission meeting considering the General Plan Update. LANDOWNER'S REQUEST On behalf of the WLB Group, the land owner's request involves a land use amendment to the existing Town of F:\OV\OV 11 \2002\1 1-02-03\Initiation report.nov 12.doc Oro Valley General Plan (1996) IL R1-144 Low Density Residential (.6-1.2 dwelling units/acre) to Low Density Residential (1.3-2.0 dwelling units/acre). The subject property consists of approximately 85 acres. GENERAL PLAN UPDATE: The proposed General Plan Update designates approximately 34 acres of Open Space and 20 acres of Low Density Residential (1.3-2.0 dwelling units/acre). The remaining 31 acres of this site are not included as part of the General Plan Update process but represent the residual portion of this property. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission deny the initiation for the proposed General Plan Amendment until the Oro Valley General Plan Update is complete. The initiation should be reconsidered if the General Plan Update is not ratified in May 2003. SUGGESTED MOTION: The Planning & Zoning Commission may consider one of the following motions: I move to deny OV11-02-03, request to initiate an amendment to the Town of Oro Valley General Plan for the Estes property from Low Density Residential (.6 - 1.2 dwelling units/acre) to Low Density Residential (1.3-2.0 dwelling units/acre). •8 I move to initiate OV11-02-03, request to initiate an amendment to the Town of Oro Valley General Plan for the Estes property from Low Density Residential (.6 — 1.2 dwelling units/acre) to Low Density Residential (1.3 -2.0 dwelling units/acre) and direct staff to set the public hearing for the meeting of the Planning and Zoning Commission on November 5, 2002. Ism I move to initiate OV11-02-03, request to initiate an amendment to the Town of Oro Valley General Plan for the Estes property from Low Density Residential (.6-1.2 dwelling units/acre) to Low Density Residential (1.3 — 2.0 dwelling units/acre), with the following added conditions: Attachments: 1. Location map I �<Wl L Plannin oning Administrator F:\OV\OV 11\2002\11-02-03\1nitiation report.novi ldoc MINUTES PLANNING COMMISSION REGULAR SESSION OCTOBER 1, 2002 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:10 PM CALL TO ORDER ROLL CALL PRESENT: Chair Bill Moody Vice -Chair Don Cox Commissioner Ken Kinared Commissioner Bill Matsukado Commissioner Robert Krenkowitz Commissioner John Anning EXCUSED: Commissioner Don Manross ALSO PRESENT: Mayor Paul Loomis Council Member Werner Wolff Bryant Nodine, AICP, Planning and Zoning Administrator Craig Civalier, Development Review Division Manager Bob Conant, Planner II Brent Sinclair, Community Development Director MINUTES MOTION: Commissioner Kinared MOVED to approve the August 20, 2002 Planning and Zoning Commission Minutes. Commission Cox seconded the motion. Motion carried by a 6-0 vote. MOTION: Commissioner Kinared MOVED to approve the September 3, 2002 Planning and Zoning Commission Minutes. Commissioner Cox seconded the motion. Motion carried by a 6-0 vote. 1. ELECTION OF OFFICER Chair Moody turned the meeting over Vice Chair Cox for the election of Chair. October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 2 MOTION: Commissioner Kinared MOVED to re-elect Chair Moody for the position of Planning and Zoning Commission Chair. Commissioner Matsukado seconded the motion. Motion carried by a 6-0 vote. Commissioner Cox turned the meeting back to Chair Moody for the election of Vice Chair. MOTION: Commissioner Anning MOVED to re-elect Vice Chair Cox to the position of Planning and Zoning Commission Vice Chair. Commissioner Krenkowitz seconded the motion. Motion carried by a 6-0 vote. 2. PUBLIC HEARING — OV9-02-09, LAIDLAW CONSULTING REPRESENTING A F. STERLING HOMES, REQUESTS A REZONING FROM R1-144 (RESIDENTIAL WITH 144,000 S. F. LOT MINIMUM) TO R1-20 (RESIDENTIAL 20,000 S. F. LOT MINIMUM) FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF LA CANADA DRIVE EXTENDED AND MOORE ROAD, PARCELS 219490-020 AND 219-490-010 Mr. Nodine introduced Mr. Don Laidlaw who represents the applicant to present the project, followed by Mr. Conant, Planner for the project to go through the Staff review. Mr. Laidlaw, Laidlaw Consulting, 2814 E. Third Street, Tucson, represents both the Seller, Dr. Kai Haber and the Buyer, Peter Aronoff, President of A.F. Sterling Ltd. The property comprises approximately 57 acres east of the future extension of La Canada and south of the Moore Road Extension. The property abuts Vistoso Estates and Moonridge Subdivision and unsubdivided land to the south which are 4 and 5 acres. The proposed 72 lot subdivision has density of 1.27 residences per acre and with proposed rezoning to R120. The minimum lot size would be 20,000 square feet. Along the south boundary the lot sizes will be 36,000 square feet. Along the east side the lots are larger than normal and match the size and in many instances the exact lot lines of the property in the developing subdivisions at Vistoso Estates and Moonridge. There was an introductory meeting held where notice was sent to all owners of record several months ago, and only two people attended. Mr. Laidlaw followed that meeting up with a mailing to all of the 48 residents and got 24 letters back because the lots were not yet occupied. He has not received any phone calls as a result. Other features of the project are a central riparian area that forks through the property. The medium size wash has about a 900 cfs during a 100 year storm and the smaller wash has about 138 cfs. The washes are both very densely vegetated. The parties have agreed, and there is a zoning condition, to provide a 15 foot easement for a public trail through the main part of the wash, which will extend up through the Pulte Development to the north. There will also be a central recreation area adjoining the existing residence on the property, which will be retained, and it will go down into the floodplain with some nice level areas. The undergrowth has been cleared by prior occupants of the site so it is very suitable for kid's recreation. There will also be provisions for unstructured recreational areas in the detention basins. The circulation system is a loop street that originally was intended to connect to Moore Road. At the suggestion of the City Engineer and the concurrence of the client, a cul- de-sac will be provided at that area, and a trail will continue to Moore Road so kids can get on their bicycles and go to school. Another connection will be at La Canada where there will be a median break. The site will require very little grading and the significant vegetation in some places extends outside of the riparian area and will be salvaged. There will be a see October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 3 through site fence. There is one saguaro that will be relocated. Zoning condition #3 calls for provision of a right of way south to the Mendoza property, which will be provided if needed. Condition #22 calls for no parking on the cul-de-sac. Mr. Laidlaw suggested he widen the pavement to 28 feet to alleviate the parking restriction. Terrain is suitable for a subdivision. Buffers yards provisions are included. There will be right of way dedicated in two areas, one 75 feet wide and one 40 feet wide. The applicant received correspondence from the School District some time ago. Mr. Aronoff has been in contact with the School District, which has not responded to his phone calls nor written correspondence. In response to Commissioner Kinared's questions, Mr. Laidlaw said that there have not been any offers of compensation at this point. In response to Commissioner Anning regarding Parcels 5, 6, 7, 8 and 9 south of the site and which of them are occupied, Mr. Laidlaw said he wasn't sure which the numbers are, but Mr. Mendoza owns two five acre parcels and lives on one. Mr. and Mrs. Joe George also live there. Their daughter also has a house located there. Mr. Laidlaw did not know about the fourth parcel. Mr. Conant presented the Staff report stating the current zoning on the surrounding properties. Staff added an Addendum to Exhibit A which in Condition 7 adds the words "unless approved by the Town Engineer." This will give some flexibility during the grading process if they have to get into the 100 floodplain. The Town Engineer has the ability to allow that to occur. With that Staff recommends that the Planning and Zoning Commission recommends to the Town Council approval of OV9-02-09 rezoning 56.72 acres from R1-144 to R1-20 subject to the conditions listed in Exhibit A. Mr. Nodine responded to Chair Moody's question that there is a summary on page 2 of the staff report and a more detail summary, Item #N in the proposal in the site analysis of the schools serving the area enrollment and if the schools can support more students. This project will generate approximately 30 elementary school students, 20 middle school students, and 10 high school students. The high school is not projected to be overcrowded. Currently all of the schools have capacity. The projections for overcrowding are based on the final build out of the area. Mr. Nodine was not sure if there has been an analysis in terms of what Copper Creek could handle, because Copper Creek has excess capacity since Painted Sky has opened. There may be opportunities to shift boundaries around to relieve overcrowding. Wilson K8 projected overcrowding is about 140-150. The high school is not overcrowded, Mr. Nodine told Chair Moody that when a request is made of the Amphi School District that they usually respond within about 3 weeks. Mr. Nodine answered Commissioner Kinared's question regarding whether this was part of the amendment that was approved by Mayor and Council last year, that no, this has actually been consistent in terms of General Plan since 1996. It is developed will below the potential capacity in the General Plan. The GP had 2 different designations on this property, medium density residential in the NE corner, 10 acres, and the rest was LDR2. The medium density would have provided up to 50 more units on the property. October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 4 Mr. Nodine told Commissioner Kinared that the Town has not adopted any policies relating to development and contribution to schools. What is in the code is related to access and enrollment considerations. Mr. Conant replied to Commissioner Matsukado that wildlife corridor and riparian area are the same. Any crossing of the riparian area should be wildlife friendly. Parks and Recreation Department has asked that easements be granted for trails. Mr. Nodine responded to Commissioner Matsukado that there are two different types of culverts for wildlife crossing, a 3 foot high culvert with width and length considered, and another safe crossing area for deer. These would be included in the plan if approved. Mr. Conant responded to Commissioner Matsukado that there would be a signal light at La Canada and Tangerine. Mr. Civalier told Commissioner Matsukado that the sewer is under the jurisdiction of Pima County. It is possible to change the grade to get the sewer below the wash crossing. They want to make sure the box culvert invert is equal to the invert of the natural wash. Mr. Laidlaw responded to Commissioner Matsukado that (1) the schools have not objected to the approval of rezoning, but they are interested in getting funding. (2) Virtually all of the wildlife movement is nocturnal. (3) If the box culvert bed could be raised by a small amount the sewer could be put in the bottom. Commissioner Cox had a comment directed to Mr. Nodine that he shared the concern of approving developments with the condition of the population of the schools. He would like for the Commission to make a request of the Amphi District to meet with the Commission to find out what their view is of development in the area and its impact on the schools. Ask for guidance as to what might be able to be done in the future. Mr. Conant responded to Commissioner Cox regarding the statement that there is little evidence of endangered wildlife habitat in the project area, means that there is probably wildlife in the area, but not on the endangered list. Mr. Conant assured Commissioner Krenkowitz that if the Commission had concerns about the size lots along the southern and eastern boundaries that Staff would support a condition assuring the lot sizes. Mr. Conant told Commissioner Krenkowitz that Condition # 9 is being inserted to address the issue of the 10 lots that appear to be insufficient to construct homes. Mr. Conant said in response to Commissioner Anning's question that Staff was not particularly comfortable with flag lots, but that code does allow them. Commission Anning suggested that if we are looking for ways to increase the size of the lots along the eastern perimeter that doing away of flag lots might be a very good way to do it. PUBLIC HEARING OPENED at 6:47 p.m. October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 5 Joe George, 1191 W. Moore Road, said he was concerned about Moore Road being finished, that the sewer runs through his property and that nothing seems to be getting finished. He was also concerned about the schools and water. Chair Moody suggested that Mr. George contact Staff to answer questions he might have as his concerns were not directed to the project in question. Mr. Nodine stated that the infrastructure is planned that will help Mr. George's property in the future. Mr. Civalier said that Moore Road has to be built by developers and that is why it is taking so long. PUBLIC HEARING CLOSED at 6:57 p.m. Mr. Civalier responded to Commissioner Matsukado that as part of the improvements for this subdivision, Moore Road will have to be completed before a Certificate of Occupancy could be given for any home. La Canada is a town project and is scheduled to starting construction in the first half of 2004 and should be finished up to Moore Road by December of 2005. Mr. Civalier replied to Commissioner Matsukado that the developer has decided to make the streets in the subdivision public. Mr. Nodine answer Commissioner Matsukado's question that the developer may apply for variances, but there is no approval included. MOTION: Chair Moody MOVED to continue OV9-02-09 until the November Planning and Zoning Commission meeting to allow the applicant to further address school enrollment issues, and to have Staff revisit the numbers with Amphi District. Commissioner Matsukado seconded the motion. Commissioner Matsukado felt that there should be more specific information from the school district regarding growth and the impact on crowding. Mr. Nodine understands that Commissioner Matsukado is looking for what developments there will be in the future, how many students will be generated and the time frame they will be generated. Commissioner Kinared spoke against the motion because he felt the Commission should not get in the school regulation business. The Commission should not be contemplating changing the rules because this would not be treating the applicants fairly. Mr. Peter Aronoff, President of A. F. Sterling Homes replied to Commissioner Cox's question that they had received a letter from the School District in June. He made several attempts to reach the author of the letter, but found out she was no longer employed by the District. Subsequently, he sent a letter generally to the department asking for a response and asked who the person was taking over this issue. He has yet to hear from them. October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 6 Commissioner Cox also felt that rules were being changed in midstream and that it is unfair that approval was being put off for the sake of the School District. This message can be sent by saying we want to talk to the School District and that the Commission's meetings are public. Commissioner Krenkowitz agreed but did not know what value it is for one level of government to try to address problems that this level of government can never solve. The School District stands as an independent body. It isn't the intent of the legislature or zoning code to give some other independent body what appears to be a veto of what is going on. The Commission should not get involved in the school administration. Decisions should not be made solely upon what may happen to the school districts. The town should not be subject to any inefficiencies or lack of foresight on the school districts and should not be part of the planning and zoning process. Commissioner Anning does not believe a project should be held "hostage" over the potential overcrowding or lack thereof in the schools. However, land use planning and the general plan product has traditionally maintained a very close relationship with the public school systems that serve that area. If Amphi has plans for another elementary school in the vicinity, it should be on the general plan. He also felt there should be a meeting with Amphi. Commissioner Matsukado ask for a point of clarification in that the reason we asked for data is not to deny the development but to let the public know that we are starting to max out the enrollment of the schools. Mr. Nodine responded to Commissioner Kinared's question, during the time that the Town has been in the general plan process, how involved has the Amphi School District been, that they were invited to join the Technical Advisory Committee. They did not attend any meetings. They have been provided with the packets for the committee and that has been the extent of involvement. Mr. Nodine also stated to Commissioner Anning that there is another school planned on the general plan about 1 '/ miles to the east of this site. Commissioner Kinared again stated that he felt dialogue with the school district should be encouraged, but that it should not be related to this proposal. MOTION: Commissioner Matsukado MOVED to amend the motion to continue OV9-02- 09 until the November P & Z Commission meeting, and to have specific data provided by the school district showing growth over a period of time. Amendment accepted. MOTION DIED FOR LACK OF SECOND. MOTION: Commissioner Krenkowitz MOVED to recommend approval to the Town Council of OV9-02-09, rezoning 58.72 acres located on the southeast corner of La Canada Drive extended and Moore Road from R1-144 to R1-20, subject to the conditions listed in Exhibit "A" and the Addendum to Exhibit "A" attached hereto, and with the following two added conditions: (1) that the lots on the southern boundary of the parcel shall have a lot size no less than 36,000 square feet and, (2) the lots on the eastern boundary of the parcel shall have lot sizes that are substantially the same as October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 7 those in the abutting Vistoso Ridge and Moonridge Developments, with matching lot lines. Commissioner Kinared seconded the motion. Motion carried by a 6-0 vote. 3. PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC, REPRESENTING WILLIAM ESTES, REQUESTS AN AMENDMENT TO THE CURRENT TOWN OF ORO VALLEY GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR A SITE LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 Mr. Nodine stated that Mr. Estes sent Planning and Zoning a letter requesting that this item be continued until the November meeting. They also are amending the application to change the requested land use designation from medium density residential to low density residential 2, which is 1.3 to 2 dwelling units per acre. They will be making a request on the general plan update for the October Commission meeting considering the General Plan Update. Mr. Nodine confirmed to Chair Moody that the two additional meetings will be on October 15t' at the Sun City Social Hall at 6:00 p.m. and October 22nd in the Town Council Chambers at 6:00 p.m. The November meeting will be on the 5t', which is election day, so we may need to move that meeting to another location. PUBLIC HEARING OPENED at 7:10 p.m. Eric Seger, 1630 W. Calle Concordia, discussed issues pertinent to Rancho Feliz area. Very concerned about traffic safety. Concerned about a traffic study presented to them by WLB because the study was based upon figures from 1998, 1999 and 2000. Because the property is being more heavily populated, there will be much more traffic than indicated in the study. Speed bumps may help, but the residents in Rancho Feliz area are not sure that is the thing to do. There will be more cars coming down La Canada. He also talked about the deviance from the Steering Committee's General Plan Update. The developer's intentions are good by offering 31 acres of open space out of 85 acres of developable land; however, that forces 176 houses into 54 remaining acres. This is a deviance from the 2.82 dwelling units per acres. Clustering them into groups may be an attempt to control the flood water that runs down off the hillside into that natural floodplain at this point. Does not want to see houses clustered. Guy Van Zyll, 1511 W. Dutton, asked if a continuance was done, at what meeting would this issue be presented? Mr. Nodine stated that there are two issues before the Commission, (1) the General Plan Update and the applicant has requested a different designation than the Steerin? Committee has recommended. That will come before the Commission on the 15tt' and 22' . The other thing is the General Plan amendment to the current General Plan, not the proposed update, and that is what is being considered and would be considered in November. He told Mr. Zyll that he should definitely be to the meeting on October 15t' and possibly at the 22nd, depending upon what happens on the 15t'. Mr. Zyll also asked where more detailed maps would be available for the area in question October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 8 Mr. Nodine said Mr. Zyll could come in and speak with Mr. Craig Civalier. Patricia Maiseit, 1471 W. Rancho Feliz Place, had two questions. At one of the meeting in the past someone stated that when Estes developed Canyon Shadows that there was an agreement that they would not development the south portion of the wash. The person representing the Town said she would look into that and Ms. Maiseit wanted to know if that was ever done and what the results were. Mr. Nodine responded that was Planner Sangeeta Jain who is no longer with the Town. There is a staff member looking into this at this time. This is an archived file so will take a little longer. He will get back to Ms. Maiseit. Ms. Maiseit second question was, are developers still allowed to water rights wherever they want in the State and say that is our 100 year water supply? Mr. Nodine responded that the Town has a 100 year assured supply, provided by the water company. This developer would have to tie into the water company to get in that supply. Once they tie into public water they have the 100 year supply. Part of what they would be doing is putting in water lines to tie into the system. Ms. Nora May, 1431 W. Rancho Feliz Place, had concerns about building in the floodplain area as she had experienced the flood in 1983, which was vicious. Concerned about appropriate measures being taken to assure that the homes in that area would not be affected. She is also concerned about traffic, school support and the environmental area to protect the natural vegetation and wildlife. PUBLIC HEARING CLOSED AT 7:33 p.m MOTION: Commissioner Cox MOVED to continue OV11-02-03 until the Planning and Zoning Commission's regularly scheduled meeting in November. Commissioner Matsukado seconded the motion. Motion carried by a 6-0 vote. Chair Moody called a recess from 7:34 to 7:46 p.m. 4. PROPOSED ANNEXATION TO THE TOWN OF ORO VALLEY OF THE 640 ACRE UNINCORPORATED TERRITORY OWNED BY THE STATE OF ARIZONA LOCATED WEST OF THE CURRENT TOWN LIMITS (RANCHO VISTOSO, STONE CANYON ill ALSO KNOWN AS SECTION 16 PARCEL 219-010-090 T11S R13E S16 Mr. Nodine stated that the Town of Oro Valley needs to apply to the State Land Board for consideration on this annexation. There is no plan to file a map right away based on the Commission's recommendation, but we are looking at pursuing this annexation through the State Land Board. The parcel that is being considered is a square mile designated Rural Low Density Residential in the Town's General Plan and is zoned RH in the County. It is 640 acres owned by the State. Staff is recommending the annexation with no special considerations. There are no incompatibilities with the existing land uses. The annexation is October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 9 in conformance with the Town's adopted General Plan, and development of the area in accordance with the Plan would benefit the Town. Mr. Nodine replied to Commissioner Matsukado that the land is State owned. MOTION: Commissioner Matsukado MOVED to forward the proposed annexation to the Town Council recommending that the Town Council proceed with the annexation of the State Land. Commissioner Cox seconded the motion. Motion carried by a 6-0 vote. 5. PROPOSED ANNEXATION TO THE TOWN OF ORO VALLEY OF THE 9.986 ACRE UNINCORPORATED TERRITORY OWNED BY THE TOWN OF ORO VALLEY LOCATED NORTH OF TANGERINE ROAD EAST AND WEST OF LA CANADA DRIVE EXTENDED PARCELS 219-510-020 AND 219-510-010, T11 S, R13E, S35 Mr. Nodine stated that the property was purchased from the Alden's by the Town in order to put La Canada Extension through. The property is designated Rural Low Density Residential in the current plan and zoned in the county for 3 acres lots. There are no incompatibilities with it in the proposed land uses in the area. It is in conformance with the adopted General Plan and would benefit the Town by squaring off the boundaries. Staff is recommending the annexation. Mr. Nodine answered Commissioner Cox's question, that the property was acquired about 1- 2 years prior to Mr. Laidlaw's project to build next to Tangerine Heights. Mr. Nodine responded to Commissioner Matsukado that the properties to the east, south and north are all in the Town. MOTION: Commissioner Cox MOVED to forward the proposed annexation to the Town Council recommending that the Town Council proceed with the annexation of the Town owned property. Commissioner Anning seconded the motion. Motion carried by a 6-0 vote. 6. CONTINUED, PUBLIC HEARING, OV7-01-09A, AMENDING CHAPTER 3, PROCEDURES, OF THE ORO VALLEY ZONING CODE REVISED (OVZCR) Mr. Nodine thanked Commissioners Krenkowitz and Anning for their help. Chapter 3 procedures contain General Plan amendments, amendments to the code and rezoning, use permits and development review. Currently there are no submittal requirements for the General Plan, so a wide range of requests come in. Mr. Nodine would like to get specifics on what should be provided so Staff, Commission and Council can make a better determination. An application form and mailing labels are all that is currently required. Conformance analysis currently says every year zoning that isn't in conformance with the code should be reviewed to see what can be done to bring it into conformance. Staff is October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 10 proposing periodic review. Currently the draft form states that every five years when an update is done, a conformance analysis is done. Changes are: Eliminating the zoning conformance analysis except as part of the update. Major amendments need to be defined. There is a major amendment process in the current General Plan update. Review submittal time frames. The new law says you have to do it in the same calendar year, so a legal opinion is needed on that. There are now findings for the General Plan which have been modified in the General Plan Update that should be included in the Code. Neighborhood Meetings requirements need to be addressed. When the Plan is ratified by the voters in March, Staff will need to come back to the Commission and revise the whole first section of Chapter 3. The application requirements for rezoning need to be clarified. Define privacy and public safety and requiring additional neighborhood meetings. Prior to application, meet with surrounding property owners. Fifteen days prior to NH meetings notification should be sent to adjacent home owner associations, property owners and Planning and Zoning know so they can attend. Meetings must be in an accessible location for the public. When the application is brought in it needs to show how all the above has been done and how issues where addressed that were brought up at the meeting. Mr. Nodine responded the Chair Moody that we can legally require all the above. Conditional use permits need some additional application requirements. There must a site plan with what the applicant plans to do. The applicant must address the criteria by which they are evaluated rather than having Staff do it. Applicant must supply the mailing labels. Applicant must provide building elevations as it relates to the surrounding property. Mr. Nodine responded to Commissioner Kinared that everything but the General Plan section is in conformance with Growing Smarter and will survive. The General Plan section will need to be changed again because it doesn't meet all the requirements. Commissioner Krenkowitz also answered Commissioner Kinared's question that the materials were drafted from the standpoint that the adoption of the General Plan Update was problematical. If everything is structure with respect to something that may not be adopted, it leaves nothing as a guide in the interim. His approach was to make the revisions necessary to make it an effective chapter right now, leaving the skeleton of what has to be changed if and when the next General Plan is adopted. His concern was what happens if the General Plan is voted down. There are only small sections that will have to be refined in order to comply. Major amendments need to be defined. Then draft revisions can be tailored to what has to be major, rather than going through this general exercise and finding that it is not appropriate. Mr. Nodine agreed with Commissioner Cox that the Commission is to identify that which is attached with the packet entitled Amendments and Rezoning Chapter 3, Procedures pages 3-1 through 3-87, is in fact Exhibit A. October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 11 Commissioner Krenkowitz told Commissioner Matsukado that on page 328, the requirement for shading areas black would be more appropriate shaded dark gray, that it is not part of the ordinance as it is a footnote and therefore is not a requirement. Mr. Nodine replied to Commissioner Matsukado that is regards to #4 on page 3-85, what can be placed on roofs, that he would go over this with a building official and see what the permit requirements are. In response to Commissioner Matsukado's question regarding Certificate of Occupancy (CofOs), Mr. Nodine stated that the Town does have temporary CofO's that have an expiration date. They are usually for stocking a store or setting up equipment. Mr. Nodine felt that nothing needed to be changed in this item. Mr. Nodine stated in reply to Commissioner Krenkowitz question regarding why the material in the revised code starting at page 3-17, the opening paragraph is different than what is in the staff report. The intent is to work with Exhibit A. Commissioner Krenkowitz stated there is a difference on page 3-11, and the same provision in the section dealing with conditional uses on page 3-67. In the present code the provision says that if the Commission fails to make a report to the Town Council, it is to be deemed to be no recommendation. Commissioner Krenkowitz proposed dropping that out entirely. The basis of doing so is the Arizona Revised Statute 9-462.04C provides as follows: After the hearing the Planning Commission shall render a decision in the form of a written recommendation to the governing body. The recommendation shall include the reasons for the recommendation and be transmitted to the governing body in such form and manner as may be specified by the governing body. Commissioner Krenkowitz reads that enabling act to mean that the Commission is required to make a decision. He purposely dropped out both of those provisions. Tying in to his reasoning in the sections that deal with the powers of the Commission, on page 3-10 the actions of the Planning Commission, he has written into it when you have an application, you are not limited to ruling on that application immediately, but you can continue the hearing and ask for more information to be presented. This is put in so the Commission can continue the hearing at some other time if there was a situation where the Commission could not reach a decision such as a split decision because not all members were present. Or, if the decision is split, both decisions were sent to the Council. Commissioner Krenkowitz also wanted to bring to the Commissioner's attention that on page 3-37 he has written in a provision that in making the site analysis that the applicant has to consider the impact of privacy. Commissioner Krenkowitz responded to Commissioner Matsukado that the privacy issue intent is visual, not audio. Mr. Nodine stated that there is no privacy definition in Chapter 1, and in response to Commissioner Cox that it should be defined as visual in Chapter 2 as part of the Commercial Code. October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 12 Mr. Nodine said in response to Commissioner Matsukado that the only concern was that the applicant be given the opportunity to get a recommendation from the Commission in a timely manner. PUBLIC HEARING OPENED AT 8:20 P.M. No Speakers PUBLIC HEARING CLOSED AT 8:21 P.M. MOTION: Commissioner Krenkowitz MOVED to recommend that the Town Council adopt OV7-01-09A, amending Chapter 3 procedures of the Oro Valley Zoning Code Revised, as set forth in Exhibit A with the following changes, that proposed section 3- 005 and 3-109 be deleted in its entirety. Commissioner Matsukado seconded the motion. Discussion: It was agreed that the definition of privacy and other clean up of the wording would be done at a later date as part of the final revision. Motion carried by a 6-0 vote. 7. FY 2003-04 CAPITAL IMPROVEMENT PLAN Mr. Nodine told the Commissioners that they are starting a CIP process to put together a five year Capital Improvement Program for the Town and would like the Commissioner's concurrence on starting that process. Commissioner Kinared has been the Commission's representative to that process. Each year a new Commissioner needs to be appointed to serve on that advisory committee. Chair Moody asked for a show of hands for any of the Commissioners that would like to serve on that committee. Since there were no volunteers, Chair Moody appointed Commissioner Kinared to serve on the advisory committee. Commissioner Kinared agreed to serve on the advisory committee. He mentioned that the committee is made up with 2/3 of the committee from staff and 1/3 general public. He felt that with 2/3 of the vote coming from Town employees, that they basically overrode the 1/3 general public. He would like to have it explored to see if the vote could be more equal in order to eliminate any problem of the Town having major control. Mayor Loomis responded to Chair Moody that the Council will be addressing this at their next meeting. Mr. Nodine also said that if there were any directions the Commission would like to give to Staff that it would be passed on. Mr. Nodine responded to Commissioner Cox that it is possible that the number of citizens be matched with the number of Staff and other Staff is as Ad Hoc. He did not have a solution at this time, but the issue is recognized. Solutions for improving this will be addressed. October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 13 MOTION: Commissioner Cox MOVED to direct staff to commence the CIP process with Commissioner Kinared as the Commission's representative to the CIP technical advisory committee. Commissioner Matsukado seconded the motion. Motion carried by a 6-0 vote. 8. INITIATION OF AN AMENDMENT TO THE WATER CODE ARTICLE 10-5 SECTION 10-504 RELATING TO GOLF COURSE IRRIGATION Mr. Nadine stated that there is a code that was developed about 8 years ago with a provision that is date specific which is no longer valid and needs to be removed. Mr. Nadine responded to Chair Moody that yes, any new request for golf course development must have available reclaimed or CAP water before it will be entertained. Basically the golf course owner has to provide on -site distribution systems, and as soon as water is available to the site it must be connected and used. Mr. Nadine said that one way to correct this is to get rid of the date provision. The other approach, which isn't explored here, is to supply some other date provision or simply not allow new courses until CAP or reclaimed water is available. Chair Moody recommended that this initiation is okay, but he would like to see an amendment be added that any new golf courses in Oro Valley must have CAP or reclaimed water available. Commissioner Kinared said there were a couple of issues that need to be considered: (1) Rights to water and (2) Long term health studies of reclaimed water's effect on those who live close to areas where it is used. Mr. Nadine told Commissioner Matsukado that the water is reclaimed, non -potable water. Mr. Nadine stated in response to Chair Moody that there is an agreement in place to use reclaimed water, but infrastructure is needed to get the water to the Town. MOTION: Commissioner Matsukado MOVED to deny the initiation as stated and resubmit to encourage further use of reclaimed water to the community: (1) no new golf courses should be built without the use of reclaimed water, and (2) what is used on existing courses should be reclaimed water. MOTION DIED FOR LACK OF SECOND. MOTION: Commissioner Kinared MOVED that discussion be deferred until after a study session can be held to address specific issues. Commissioner Cox seconded the motion. Discussion: Commissioner Krenkowitz stated that the motion is improper because you have to initiate an action to bring it before the Commission. October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 14 Chair Moody stated that the Commission can initiate an action with recommendation to Staff to follow certain requests of the Commission. The motion should include direction. Mr. Nodine replied to Commissioner Cox's question that if the Commission voted to initiate this issue that Staff would come back later with language they want. A motion would not have to include amending the initiation that in conjunction a study session be scheduled, but would only have to be direction to the Staff to bring it back in a study session. With Mr. Nodine's clarification, Commissioner Cox withdrew his second. MOTION DIED FOR LACK OF SECOND. Commissioner Kinared asked if a motion should be made to add that not just golf courses must use reclaimed water, but parks as well. What do we want to use reclaimed water for? Shouldn't this include existing golf courses and parks? Mr. Nodine said that at this point he could not answer whether existing parks and future parks should be part of this issue or not. Chair Moody said that he felt the parks issue needs to be address, but right now it may be premature. Rather than addressing it now, we need to deal with the issues presented with direction to Staff, regarding having a study session, reclaimed water, health hazards, etc. Commissioner Cox suggested that the Commission needs to make the suggested motion and then each Commissioner should contact Mr. Nodine regarding what each would like discussed. MOTION: Commissioner Cox MOVED to initiate a zoning code text amendment to the Oro Valley Zoning Code Revised, Chapter 10, Article 10-5, and Section 10-504 Golf Course Overlay Zone. Commissioner Anning seconded the motion. Mr. Nodine replied to Commissioner Kinared's question that if the motion is approved, it goes back to Planning and Zoning. Chair Moody asked for a Point of Order. If an amendment is made, does it need a second? Mr. Nodine responded that it doesn't need a second if it is a friendly amendment and is accepted by the person making the motion. If it is not accepted, it needs a second. Motion carried by a 6-0 vote. 9. GENERAL PLAN UPDATE STATUS REPORT Mr. Nodine stated that at this point we are moving from a draft plan to a final plan through the public hearing process. The public comment and jurisdiction comments, and the 60 day review period ended on September 23rd. There were approximately 800 comments received and the Steering Committee is reviewing them. October 1, 2002 MINUTES PLANNING AND ZONING COMMISSION 15 Comments had to do with changes to the draft land use map and Staff will be presenting them to the Commission on October 15t'. Most of the comments were requests. Staff recommendations and Steering Committee recommendations will be given at that time. No action was taken on this report. ADJOURN REGULAR SESSION at 9:00 P.M. Respectfully submitted, Diane Chapman, Recording Secretary 3 ORO VALLEY PLANNING & ZONING DEPARTMENT PLANNING AND ZONING COMMISSION REPORT MEETING DATE: October 1, 2002 TO: PLANNING AND ZONING COMMISSION FROM: David Ronquillo, Planner I SUBJECT: OV11-02-03, REOUEST TO INITIATE AN AMENDMENT TO THE TOWN OF ORO VALLEY GENERAL PLAN (1996) LAND USE MAP FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR A SITE LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH, WEST OF LA CANADA DRIVE AND OVERTON ROAD ON THE SOUTHEAST, PARCELS #225060020 & #224390240 OWNERSHIP: William A. Estes TEM CORP. 5151 E. Broadway Boulevard, Suite 200 Tucson, AZ 85711 Fax #571-1961 AGENT: The WLB Group Inc. 4444 E. Broadway Tucson, AZ Fax #881-7492 BACKGROUND: Sec. 3.005C of the OVZCR, specifies "the Planning and Zoning Commission shall consider the proposed General Plan Amendment and based on its merits may order such amendments to a public hearing or may deny the request". This request is solely to initiate the proposed amendment, and if approved, staff would evaluate the proposed amendment and prepare the necessary background information for the next Planning and Zoning Commission hearing. LANDOWNER'S REQUEST On behalf of the WLB Group, the land owner's request involves a land use amendment to the existing Town of Oro Valley General Plan (1996) from R1-144 Low Density Residential (.6-1.2 dwelling units/acre) to Medium Density Residential (2.1-5.0 dwelling units/acre). The subject property consists of 85.63 acres which would develop with approximately 172 single family residential lots. F:\OV\O V 11 \2002\11-02-03\1nitiation report.doc GENERAL PLAN UPDATE: The proposed General Plan Update designates 34.9 acres of Open Space and 20 acres of Low Density Residential (1.3-2.0 dwelling units/acre). The Town of Oro Valley General Plan U.Edate is currently in the review process with tentative public hearings scheduled for October 15t and October 22nd. These meetings would set forth a recommendation by the Planning and Zoning Commission to Town Council on the draft plan. A final ratification vote of the General Plan would be scheduled for March 2003. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission deny the initiation for the proposed General Plan Amendment until the Oro Valley General Plan Update is complete. The initiation should be reconsidered if the General Plan Update is not ratified in March 2003. SUGGESTED MOTION: The Planning & Zoning Commission may consider one of the following motions: I move to deny OV11-02-03, request to initiate an amendment to the Town of Oro Valley General Plan for the Estes property from Low Density Residential (.6-1.2 dwelling units/acre) to Medium Density Residential (2.1-5.0 dwelling units/acre). •o I move to initiate OV 11-02-03, request to initiate an amendment to the Town of Oro Valley General Plan for the Estes property from Low Density Residential (.6-1.2 dwelling units/acre) to Medium Density Residential (2.1-5.0 dwelling units/acre) and direct staff to set the public hearing for the meeting of the Planning and Zoning Commission on November 5, 2002. AN I move to initiate OV11-02-03, request to initiate an amendment to the Town of Oro Valley General Plan for the Estes property from Low Density Residential (.6-1.2 dwelling units/acre) to Medium Density Residential (2.1-5.0 dwelling units/acre), with the following added conditions: Attachments: 1. Location map 2. General Plan 1996 Land Use Map 3. Proposed General Plan Update Land Use Map 4. Letter of request I i Zoning Administrator F:\OV\OV 11\2002\11-02-03\lnitiation report.doc _.OJEL OCT 0 12002 S ESTES JEr S THE ESTES CO. September 30, 2002 Mr. Bryant Nodine Town of Oro Valley i 1000 North La Canada `Dr. Oro Valley, AZ 85737 RE: OV11-02-03, Request to Initiate an Amendment to the Town of OroValley General Plan (1996) Land Use Map From Low Density Residential to Medium Density Residential For a Site Located Directly South of the Canada Del Oro Wash West of La Canada Drive and Overton Road on the Southeast Parcels #225060020 and #224390240 Dear Mr. Nodine: We appreciate you meeting with us on Friday, September 27, 2002 to discuss the land use designation for this property. As a result of this meeting, we wish to continue the above Request for Amendment to the Town of Oro Valley General Plan (1996) Land Use Map for one month, to the regularly scheduled November 2002 Planning and Zoning Hearing. We also wish to amend our application to change our requested land use designation from Medium Density Residential (MDR 2.1 - 5.0 du/ac.) to LDR2 (Low Density Residential 1.3 - 2.0 du/ac.). We also understand from our conversation that R1-10 zoning would be consistent with LDR2, given that the gross density of the project does not exceed 2.0 du/ae. We understand that the Planning and Zoning Commission will be meeting on October 15 and 22, 2002 to consider and make a recommendation to Mayor and Council on the General Plan Update 2020. We feel strongly that our current site plan represents an appropriate use for this property. Among other things, it attempts to cluster development in order to protect existing natural site elements, preserve open space and retain open space connections. We have had two meetings with the neighbors and understand the primary concerns to be focused not on land use density, but rather on traffic, hydrology and open space access. We have also been working with the Oro Valley Trails Task Force to develop a plan for providing pedestrian/equestrian access to the Canada del Oro. 5151 E. Broadway, Suite 200,Tucson, AZ 85711 P.O. Box 13066,Tucson,AZ 85732-3066 Ph: (520) 571-1958 o, Fax: (520) 571-1961 Mr. Bryant Nodine Page 2 September 30, 2002 We are excited about this proposed residential community and look forward to discussing it further with you with the Planning and Zoning Commission. you have a:,yc�aestion'; please contact Iruib Longaker at The WLB Group at 881-7480 or myself- Thank you. Sincerely, William A. Estes, III Project Manager WAE:cv L The jWB Group July 10, 2002 Melissa Shaw Town of Oro Valley Planning & Zoning 11000 North La Canada Drive Oro Valley, Arizona 85737 Engineering • Planning Surveying • Urban Design Landscape Architecture JUL 10 20112 BY: --------------- Subject 85.63 Acres Located in the Vicinity of Rancho Feliz Drive and la Canada Drive Project Proponent/Developer: TEM Corp. General Plan Amendment Application WL13 No. 101054-A-001 Dear Ms. Shaw: Enclosed is our application for an amendment to Focus 2020: Town of Oro Valley General Plan (July 1996). We understand that, according to Article 3-0 of the Oro Valley Zoning Code Revised, the application will not be officially processed until the first regular working day in August. My client has met with you and other staff members on several occasions regarding this property, and as such we wish to begin the process of formally requesting an amendment to the General Plan. Also, in accordance with Section 1.3 of Focus 2020: Town of Oro Valley General Plan, we acknowledge that the granting of an amendment will be based on several findings of fact. This proposed single-family residential development will, if approved, be an asset to the Town of Oro Valley. It will strive to focus on the following elements: • The community will provide high -quality housing for current residents of Oro Valley or for those interested in moving to the Town. It will also contribute to an increase in surrounding property values. • The development will be consistent with smart growth philosophies currently practiced by the Town. • It will promote efficient infrastructure and public safety by gaining service from local utility companies and constructing roads to the standards of Oro Valley. Engineering • Planning - Surveying - Urban Design • Landscape Architecture Offices located in Tucson, Phoenix, Las Vegas • E-mail: tucson@wlbgroup.com 4444 East Broadway - Tucson, Arizona 85711 • (520) 881-7480 • FAX (520) 881-7492 Tl LLB 10UR. • The community will provide parks and recreation facilities for residents and the greater community. Small parks and open space will be provided within the community and a linear trail and community access node will be provided along the Canada del Oro Wash. • Development of the community will occur in an environmentally sensitive manner where manmade elements are incorporated into the natural environment. • The developers have and will continue to work with adjacent residents to create a community consistent with surrounding neighborhoods. • The actual construction of the community will provide revenue for local construction companies. • The community will contribute to the increase of the tax base for the Town of Oro Valley. We look forward to meeting with you and other staff members as we move through the process of amending Focus 2020: Town of Oro Valley General Plan. Should you have any questions or concerns, please contact Kirk Larson of TEM Corp. at 571-1958 or me. Bert G. Longaker III roject Manager Land Planning and Landscape Architecture RGL:hg c: Kirk Larson, TEM Corp. L:\101054\Correspondence\General Plan Amend Application.doc AFFIDAVIT C- ^UBLICATION DEC STATE OF ARIZONA) U Z®�� :SS. COUNTY OF PIMA ) being first SHr-IUNA MEEK IN duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager 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 Tuc- son, County of Pima, State of Arizona and elsewhere, and the hereto attached r U2U,L C N (_`T I Cr was printed and published correctly in the regular and entire issue of said THE 1 DAILY TERRITORIAL for issues; that was first made .1 i-. r:r-r•r L G L i I LJ=L..GI'M!r-_r: .._ on the day of 20 16th and the last publication thereof was made on the day of DECEMBER0-1 20 ; that said publication was made on each of the following dates, to -wit: 1'2/16/02 Request of EY I t /Wi� Or Le in.,-, YIy L.L.-G i Daily Territorial By �L Subscribed and sworn to before me this day of 20 U2 Nota u lic nd My Commission Expires: G C 16tn tare of Arizona NOTICE OF CANCELLATION OF REVIEW BEFORE THE ORO VALLEY TOWN COUNCIL December 18, 2002 NOTICE THAT THE ITEM OV11-02-03 REGARDING A REQUEST FOR AN APPEAL TO THE PLANNING AND ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY HAS BEEN REMOVED FROM THE DECEMBER 18, 2002 ORO VALLEY TOWN COUNCIL MEETING AGENDA IS HEREBY GIVEN: PLANNING & ZONING DIVISION 11,000 N. La Canada Drive, Oro Valley AZ 85737 Phone: 229A800 Fax: 742-1022 PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC, REPRESENTING WILLIAM ESTES, REQUESTS AN AP- PEAL TO THE PLANNING & ZONING COMMISSION'S DECISION TO INI- TIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY; LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 The item does not need to be consid- ered by the Town Council because the applicant has withdrawn the request. For additional information, contact David Ronquillo, Planner I, at 229A817 or dronquillo@orovalley.net. REQ: Bryant M. Nodine, AICP Planning and Zoning Administrator Pub: The Daily Territorial December 16, 2002 Req: Town of Oro Valley pnov11-02-03 kb NOTICE OF CANCELLATION OF REVIEW BEFORE THE ORO VALLEY TOWN COUNCIL December 18, 2002 NOTICE THAT THE ITEM OV 1 I-02-03 REGARDING A REQUEST FOR AN APPEAL TO THE PLANNING AND ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY HAS BEEN REMOVED FROM THE DECEMBER 18, 2002 ORO VALLEY TOWN COUNCIL MEETING AGENDA IS HEREBY GIVEN: PLANNING & ZONING DIVISION 11,000 N. La Canada Drive, Oro Valley AZ 85737 Phone: 229-4800 Fax: 742-1022 PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC, REPRESENTING WILLIAM ESTES, REQUESTS AN APPEAL TO THE PLANNING & ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY: LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 The item does not need to be considered by the Town Council because the applicant has withdrawn the request. For additional infomnation, contact David Ronquillo, Planner I, at 2294817 or dronquillo@orovalley.net. NOTICE OF CANCELLATION OF REVIEW BEFORE THE ORO VALLEY TOWN COUNCIL December 18, 2002 NOTICE THAT THE ITEM OV I 1-02-03 REGARDING A REQUEST FOR AN APPEAL TO THE PLANNING AND ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY HAS BEEN REMOVED FROM THE DECEMBER 18, 2002 ORO VALLEY TOWN COUNCIL MEETING AGENDA IS HEREBY GIVEN: PLANNING & ZONING DIVISION 11,000 N. La Canada Drive, Oro Valley AZ 85737 Phone: 229-4800 Fax: 742-1022 PUBLIC HEARING: OVI1-02-03, THE WLB GROUP INC, REPRESENTING WILLIAM ESTES, REOUESTS AN APPEAL TO THE PLANNING & ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY: LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 The item does not need to be considered by the Town Council because the applicant has withdrawn the request. For additional information, contact David Ronquillo, Planner I, at 2294817 or dronquillo@orovalley.net. PLANNING & ZONING DIVISION 11,000 N. La Canada Drive, Oro Valley AZ 85737 Phone: 229-4800 Fax: 742-1022 NOTICE OF CANCELLATION OF REVIEW BEFORE THE ORO VALLEY TOWN COUNCIL December 18, 2002 NOTICE THAT THE ITEM OV11-02-03 REGARDING A REQUEST FOR AN APPEAL TO THE PLANNING AND ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY HAS BEEN REMOVED FROM THE DECEMBER 18, 2002 ORO VALLEY TOWN COUNCIL MEETING AGENDA IS HEREBY GIVEN: PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC, REPRESENTING WILLIAM ESTES, REQUESTS AN APPEAL TO THE PLANNING & ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY; LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 The item does not need to be considered by the Town Council because the applicant has withdrawn the request. For additional information, contact David Ronquillo, Planner I, at 229-4817 or donquillo@orovalley.net. REQ:-Bf} fan M. Nodine, AICP Planning dnd Zoning Administrator Posted: 12-13-02 Time: 11:00 am By: sg F:\OV\OV 11\2002\11-02-03\TCappeal.notice.CANCELLATION.doc NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9-462, Arizona State Statutes, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL REGARDING A REQUEST FOR AN APPEAL TO INITIATIATE A GENERAL PLAN AMENDMENT IS HEREBY GIVEN: TIME: at or after 7:00 p.m. Wednesday, December 18, 2002 PLACE: Oro Valley Town Hall, 11,000 N. La Caflada Drive, Oro Valley, Arizona SUBJECT: PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC, REPRESENTING WILLIAM ESTES REQUESTS AN APPEAL TO THE PLANNING & ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY: LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 At their regular meeting of November 12, 2002, the Planning & Zoning Commission voted to deny the request. Per the OVZCR, their decision may be appealed to Town Council The applicant wishes to amend the Low Density Residential General Plan land use designation by increasing the density from ".6 — 1.2" to "1.3 — 2.0" dwelling units per acre. An amendment, if approved, would enable the applicant to submit a rezoning application to increase the permitted residential density. LOCATION: The subject property is located south from the intersection of Lambert Lane and La Canada Drive just past the Canada Del Oro Wash on the west side of the road and north of Rancho Feliz Drive. Members of the public are invited to attend this meeting and will be given an opportunity to speak. For additional information, contact David Ronquillo, Planner 1, at 2294817 or dronquillo@orovalley.net. NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9462, Arizona State Statutes, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL REGARDING A REQUEST FOR AN APPEAL TO INITIATIATE A GENERAL PLAN AMENDMENT IS HEREBY GIVEN: TIME: at or after 7:00 p.m. Wednesday, December 18, 2002 PLACE: Oro Valley Town Hall,11,000 N. La Canada Drive, Oro Valley, Arizona SUBJECT: PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC, REPRESENTING WILLIAM ESTES REQUESTS AN APPEAL TO THE PLANNING & ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY-, LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 At their regular meeting of November 12, 2002, the Planning & Zoning Commission voted to deny the request. Per the OVZCR, their decision may be appealed to Town Council The applicant wishes to amend the Low Density Residential General Plan land use designation by increasing the density from ".6 — 1.2" to "1.3 — 2.0" dwelling units per acre. An amendment, if approved, would enable the applicant to submit a rezoning application to increase the permitted residential density. LOCATION: The subject property is located south from the intersection of Lambert Lane and La Canada Drive just past the Canada Del Oro Wash on the west side of the road and north of Rancho Feliz Drive. Members of the public are invited to attend this meeting and will be given an opportunity to speak. For additional information, contact David Ronquillo, Planner I, at 2294817 or dronquillo@orovalley.net. NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9-462, Arizona State Statutes, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL REGARDING A REQUEST FOR AN APPEAL TO INITIATIATE A GENERAL PLAN AMENDMENT IS HEREBY GIVEN: TIME: at or after 7:00 p.m. Wednesday, December 18, 2002 PLACE: Oro Valley Town Hall, 11,000 N. La Canada Drive, Oro Valley, Arizona SUBJECT: PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC, REPRESENTING WILLIAM ESTES, REQUESTS AN APPEAL TO THE PLANNING & ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY; LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 At their regular meeting of November 12, 2002, the Planning & Zoning Commission voted to deny the applicants request. Per the OVZCR, their decision may be appealed to Town Council. The applicant wishes to amend the Low Density Residential General Plan land use designation by increasing the density from ".6 - 1.2" to 461.3 - 2.0" dwelling units per acre. An amendment, if approved, would enable the applicant to submit a rezoning application to increase the permitted residential density. LOCATION: The subject property is located south from the intersection of Lambert Lane and La Canada Drive just past the Canada Del Oro Wash on the west side of the road and north of Rancho Feliz Drive. DESCRIPTION: A complete description and map are available at the Town Hall, Planning and Zoning Department. Members of the public are invited to attend this meeting and will be given an opportunity to speak. For additional information, contact David Ronquillo, Planner I, at 229-4817 or donquillo@orovalley.net. Z'1' blA' Bayer Vella, AICP Senior Planner Posted : 11-26-02 Time 8:30 am BY: sg F:\OV\OV 11 \2002\11-02-03\Wappeal.notice.doc NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with ARS 9-462, Arizona State Statutes, N OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION REGARDING A T TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN IS HEREBY GIVEN: TIME: at or after 6:00 p.m Tuesday, October 1, 2002 PLACE: Oro Valley Town Hall,11,000 N. La Cariada Drive, Oro Valley, Arizona SUBJECT: PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC REPRESENTING WILLIAM ESTES, REQUESTS AN AMENDMENT TO THE CURRENT TOWN OF ORO VALLEY GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR A SITE LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 For an 85.63 acre site, the applicant wishes to amend the General Plan land use designation from Low Density Residential (.6 —1.2 dwelling units per acre) to Medium Density Residential (2.1-5.0 dwelling units per acre). An amendment, if approved, would enable the applicant to submit a rezoning application to increase the permitted residential density. IMA(IIRIPTION: A complete description and map are available at the Town Hall, Planning and Zoning Department.I I of the public are invited to attend this meeting and will be given an opportunity to speak. For additional information, contact David Ronquillo, Planner 1, at 229.4817 or donquillo@orovalley.net. AFFIDAVIT "r PUBLICATION ' "STATE OF ARIZONA) 1 :ss. COUNTY OF PIMA ) iZ:09YN Mf_1W,ON ":_ being first duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager 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 Tuc- son, County of Pima, State of Arizona and elsewhere, and the hereto attached PUBLIC HEA[.%Tri7i was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for l sues; that was first made on the day of and the last publication thereof was made on the 20 was following dates, to -wit: Request of -- T1, Territorial G- 47 Subscribed ands r o before me thf 0' 20 Notary Publ c in and for the My Commission Expires: day of that said publication day of �Er- cf ,.c�Ere ur LCIAL SEAL' 1 BRIGHAM �tary qquw(c-S'AP-Of Arizona '4,56mm. &xpires Feb. 10, 2005 NOTICE O IC HEARING J BE" THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with ARS 9-462, Arizona State Statutes, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION REGARDING A RE- QUESTTO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN IS HEREBY GIVEN: TIME: at or after6:00 p.m. Tuesday, October 1, 2002 PLACE: Oro Valley Town Hall, 11,000 N. La Canada Drive, Oro Valley, Arizona SUBJECT: PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC, REPRESENTING WILLIAM ESTES, REQUESTS AN AMENDMENT TO THE CURRENT TOWN OF ORO VALLEY GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR A SITE LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 For an 85.63 acre site, the applicant wishes to amend the General Plan land use designation from Low Density Residential (.6 — 1.2 dwelling units per acre) to Medium Density Residential (2.1-5.0 dwelling units per acre). An amendment, if approved, would enable the applicant to submit a rezoning application to increase the permitted residential density. LOCATION: The subject property is located south from the intersection of Lambert Lane and La Canada Drive just past the Cana- da Del Oro Wash on the west side of the road. DESCRIPTION: A complete description and map are available at the Town Hall, Planning and Zoning Department Members of the public are invited to attend this meeting and will be given an opportunity to speak For additional information, con- tact David Ronquillo, Planner I, at 2294817 or dronquilio@orovalley.net Pub: The Daily Territorial September 11, 2002 Req: Town of Oro Valley pnov11-02-03 kb PAGE 16 The Dailv Territorial QDDTChAQCD i i nnnn Y s ... M Sales Notices C41 ELSA GARCIA D2 ROSARIO SOLER E8 JOSE C. AHUMADA El SEAN ZACKSON E15 JOHN R. GUNN E19 CARMEN GARCIA E29 LARRY E. GALLEGOS G2 MARLENE SUE UGLOW H14 KATHY BRANDAL Heater, water cooler, 2 scooters, bicycle, battery charger, compressor, shopping cart, paint sprayer, 22 rifle, trunk, lumber, tires & wheels, crate, lots of misc & misc furniture Tu05 - 2855 S. Pantano, Tucson, AZ C53 ROBERT T. GREENWELL C83 CHERYL HUCKABEE D67 AFRICAN CHRISTIAN RELIEF D67 CHARLES L. JONES F30 KRYSTAL ELDRED G12 SHARON PARKS G9 RICHARD BENNEWITT B82 SONYA & RAY FIGUEROA Rug, crutches, toys, hand cart, carpet, clothes, cooking utensils, tires & wheels, tool box, tv, BBQ, aquarium, washer & dryer, filing cabinet, computer, fridge, golf clubs, trampoline, misc furniture & misc boxes Tuc6 - 7070 E. Speedway Blvd., Tucson, AZ A15 DAN GARRETT A15 SHARON JACOBSEN E20 KENT KNOBLOCK F2JOSEPH COX 122 ELIJAH KERLEY 155 GEORGIA STONE Tv's, stereo, particle board, camping gear, washer, lots of furniture & misc Tuc7 - 8361 E. Broadway Blvd., Tucson, AZ E38 TOM CHATTERTON L75 NATALIE GREEN M7 CAROLYN CROSSLIN Tires & wheels, roll of roofing, stereo, plastic containers, rolling cabinet, heater & misc. Tuc8 - 4101 E. Ft. Lowell Rd., Tucson, AZ A78 CRAIG CODER B75 TINA STERLING C43 DANIELJ. (DAN) PRICE D74 DANIEL TYSON Furniture, bicycle, luggage, pictures, records, tandem bicycle & boxes Tuc10 - 975 S. Prudence, Tucson, AZ A13 DIANA LOUISE PENN D45 STEPHAN L. HILL El ROBERT JAMES NEAR - F109 DELORES EVANS Desk, 2 tv's, case, table, lamps, chairs, dresser, fan, clothes, fridge, books and lots of misc furniture and items Tuc11 - 519 E. Prince Rd., Tucson, AZ A20 STEPHEN BALDWIN D23 TROY PATE J10 FRANK ROBINSON K42 RAYE ELLEN STILES Crib, pet cages, childs bike, speakers, table & chairs & boxes of misc Tuc12 - 3955 E. 29th St., Tucson, AZ A5 EVELYN YANEZ A41 C JOHNNY ADAMS B4 BRIAN OVERTON B8 URSULA ROBLES B33 RENA CANEZ C13 OSCAR RODRIGUEZ E30 RON FULLER G66 LARAN BRIDGES F73 PAUL L. RICHARDSON 3 Washers, weed eater, ladder, tv, stereo,•toys, drum set, pictures, mirrors, records, lawn mower, dryer, typewritten, box springs, bed frame, moving blankets, misc furniture & boxes of misc Pub: The Daily Territorial September 4, 6, 11, 2002 Req: National Self Storage sllorey sm NOTICE OF PUBLIC SALE OPERATOR: TUCSON TOWER SELF - STORAGE, L.L.C. 4751 N. Flowing Wells Road Tucson, Arizona 85705 OCCUPANT(S): Default Units: Unit 54 (Dana Smith) Pursuant to Arizona Revised Statutes Section 33-1704, and the rights granted to Operator, including the power of sale, contained in that certain Rental Agreement, entered Into between Operator and Occupant(s) (hereinafter "the Rental Agreement"), Occupant(s) having defaulted under the terms of the Rental Agreement: NOTICE IS . HEREBY GIVEN that Operator will conduct a public sale at Auction Tower Self -Storage, 4751 North Flowing Wells Road, Spaces 54, Tucson, Arizona, on September 18, 2002 at approximately 2:00 pm of said date to sell to the highest bidder the contents of stated Spaces, which secures Occupant's obligations under the Rental Agreement in accordance with the operator's lien held by Operator thereunder: Operator will sell the entire contents of above mentioned Spaces, in bulk as is, without warranty, and does not express any opinion as to the condition of title. The property will be sold at public auction with reserve. Every bid sball be an irrevocable offer until the sale is completed. Cash, money orders, certified checks or cashier's checks must be made payable to the order of Operator. The sale price must be paid at the conclusion of the bidding. Operator may bid on the property by credit bid to the extent of the amount owed Operator under the terms of the Rental Agreement. If any interested person has questions concerning the property or desires further information about the sale, please contact Tucson Tower Self - Storage, 4751 North Flowing Wells Road, Tucson, Arizona 85705, (520) 887-1600. DATED this 29th day of August 2002. TUCSON TOWER SELF -STORAGE, L.L.C. Signature Lori Brockway Business Manager Pub: The Daily Territorial September 4,11, 2002 Req: Tucson Tower Self Storage, LLC slsmith sm ARIZONA AUCTION AD NOTICE IS HEREBY GIVEN that the contents of the following storage units will be offered for sale by public auction to highest bidder for enforcement of storage lien. The auction will be held on 9-26-02, 2002 at 9:00 A.m. Tucson, AZ 85704 (Address) Terms: Cash, Storage USA reserves the right to refuse any bid or cancel auction. The following units are scheduled for auction: (Customer Name) (Unit #) (Brief Description of goods being sold) Gerry Hamilton #269 Household Items Michael Dinocenza #360 Household Items Yolanda Lopez #523 Household Items Melissa Gruber #C191 Household Items Pub: The Daily Territorial September 4,11, 2002 Req: Storage USA slhamilton sm Summons SUMMONS ARIZONA SUPERIOR COURT, PIMA COUNTY Plaintiff JERRY ROCKWELL, individually and as a part of CONNOR ROCKWELL, a minor vs. Defendants, OSCAR NAHUM CENTENO SILES and "JANE DOE" SILES, husband and wife. No. C20021262 CIVIL SUMMONS JUDGE JOHN F. KELLY THE STATE OF ARIZONA to the above - named Defendant: OSCAR NAHUM CENTENO SILES I A lawsuit has been filed against you. II If you do not want a Judgment taken against you for the relief demanded in the accompanying complaint, you must file a Response in writing in the Office of the Clerk of the Superior, 111 West Congress, Tucson, Arizona, accompanied.by the necessary filing fee. A copy of the Response must also be mailed to the plaintiff / attorney whose name appears below. III The Response must be filed within TWENTY DAYS, exclusive of the date of service, if served within the State of Arizona, or within THIRTY DAYS, exclusive of the date of service, if served outside the State of Arizona. IV This is a legal document. If you do not understand its consequences, you should seek the advice of an attorney. V Requests for reasonable accommodation for persons with disabilities must be made to the court by parties at least THREE working days in advance of a scheduled court proceeding. WITNESS My Hand and the Seal of the Superior Court. DATED: MAR 15 2002 CLERK OF THE SUPERIOR COURT PATRICIA A. NOLAND (SUPERIOR COURT SEAL) By PATRICIA U. CARRILLO Deputy Clerk Attorney's Name, Address, Phone: Thomas D. Price PRICE and PRICE 4400 E. Broadway, Suite 800 Tucson, AZ 85711 Tel: 520-795-6630 A copy of the Summons and Complaint may be obtained from the Clerk's Office of the Pima County Superior Court, or from attorney Thomas D. Price, Price and Price, 4400 East Broadway, #800, Tucson, AZ 85711 (520-795-6630). Pub: The Daily Territorial September 11, 18, 25, 2002 October 2, 2002 Req: Price and Price, Atty's. smrockwell sm SUMMONS ARIZONA JUSTICE COURT, PIMA COUNTY, ABC FINANCE COMPANY, INC., an Arizona Corporation, Plaintiff, vs. MATTHEW R IRWIN and ANITA IRWIN, husband and wife Defendants No. 02016483 CIVIL SUMMONS THE STATE OF ARIZONA to the- above - named Defendant, Anita Irwin; SSN unknown; DOB unknown; RESIDENCE ADDRESS 2930 West Avenida De La Flores; Tucson, Az 85746; EMPLOYER AND ADDRESS unknown. I. A lawsuit has been filed against you. It. If you do not want a Judgment taken against you for the relief demanded in the accompanying Complaint, you must file a Response in writing in the Office of the Clerk of the Court, 115 N. Church Avenue, Tucson, Arizona, 85701 fora Justice Court matter or 110 West Congress, Tucson, Arizona, 85701 for a Superior Court matter, accompanied by the necessary filing fee. A copy of the Response must also be mailed to the Plaintiff's Attorney, whose name appears below. III. The Response must be filed within TWENTY DAYS, exclusive of the date of service, if served within the State of Arizona, or within THIRTY DAYS, exclusive of the date of service, if served outside the State of Arizona. IV. This is a legal document. if you do not understand its consequences, you should seek the advice of an attorney. REQUESTS FOR REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES MUST BE MADE TO THE COURT BY PARTIES AT LEAST 3 WORKING DAYS IN ADVANCE OF A SCHEDULED COURT PROCEEDING. WITNESS My Hand and the Seal of the Court. Civil Summons Dated: August 23, 2002 By Signature Deputy Clerk (JUSTICE COURT SEAL) Barry Bursey, Esq. 3561 East Sunrise Drive, Suite 201 Tucson, Arizona 85718 (520) 529-3600 A copy of this Summons and its accompanying Complaint may be obtained by contacting counsel for the Plaintiff at the address shown on the Summons. Pub: The Daily Territorial September 11, 18, 25, 2002 October 2, 2002 Req: Bursey & Associates, Atty's. smirwin2 sm SUMMONS ARIZONA JUSTICE COURT, PIMA COUNTY ABC FINANCE COMPANY, INC., an Arizona Corporation, Plaintiff, vs. MATTHEW R IRWIN and ANITA IRWIN, husband and wife Defendants No. 02016483 CIVIL SUMMONS THE STATE OF ARIZONA to the above - named Defendant, Matthew R Irwin; SSN 600-38-3136; DOB 07 / 22 / 1977; RESIDENCE ADDRESS 2930 West Avenida De La Flores; Tucson, Az 85746; EMPLOYER AND ADDRESS unknown. I. A lawsuit has been filed against you. II. If you do not want a Judgment taken against you for the relief demanded in the accompanying Complaint, you must file a Response in writing in the Office of the Clerk of the Court, 115 N. Church Avenue, Tucson, Arizona, 85701for a Justice Court matter or 110 West Congress, Tucson, Arizona, 85701 for a Superior Court matter, accompanied by the necessary filing fee. A copy of the Response must also be mailed to the Plaintiff's Attorney, whose name appears below. III. The Response must be filed within TWENTY DAYS, exclusive of the date of service, if served within the State of Arizona, or within THIRTY DAYS, exclusive of the date of service, if served outside the State of Arizona. IV. This is a legal document. If you do not understand its consequences, you should seek the advice of an attorney. REQUESTS FOR REASONABLE ACCOMMODATION FOR PEHSONS WITH DISABILITIES MUST BE MADE TO THE COURT BY PARTIES AT LEAST 3 WORKING DAYS IN ADVANCE OF A SCHEDULED COURT PROCEEDING. WITNESS My Hand and the Seal of the Court. Civil Summons Dated: August 23, 2002 By Signature Deputy Clerk (JUSTICE COURT SEAL) Barry Bursey, Esq. 3561 East Sunrise Drive, Suite 201 Tucson, Arizona 85718 (520) 529-3600 A copy of this Summons and its accompanying Complaint may be obtained by contacting counsel for the Plaintiff at the address shown on the Summons. Pub: The Daily Territorial September 11, 18, 25, 2002 October 2, 2002 Req: Bursey & Associates, Atty's. smirwin am SUMMONS IN THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF PIMA In Re the Marriage of: ANA MARIA GALINDO, Petitioner, and LEONARDO OJEDA GALINDO, Respondent. CASE NO. D20023390 SUMMONS (Domestic Relations) RICHARD S. HENRY The State of Arizona To The Above Named Respondent: LEONARDO OJEDA GALINDO. YOU ARE HEREBY SUMMONED and required to appear and defend in the above entitled action within TWENTY (20) DAYS, exclusive of the date of service, if service is made without the State of Arizona. If service is made by publication, service is complete THIRTY (30) DAYS after the date of FIRST PUBLICATION and you must appear and defend within THIRTY (30) DAYS thereafter. In order to appear and defend, you must file a proper response or answer in writing with the Clerk of this Court, accompanied by the required filing fees. Failure ,to so appear and defend will result in a judgement by default being rendered against you for the relief sought and requested in the Petition. You are required by law to serve a copy of your response or answer upon the Petitioner, and such response or answer should be addressed as follows: Petitioner's Name and Complete Mailing Address: ANA MARIE GALINDO 2657 WEST KIMBERLY STREET TUCSON, ARIZONA, 85705 If service is made by publication, a copy of the Petition and other papers filed in this matter may be obtained from the Clerk of this Court whose address is as follows: SUPERIOR COURT - CLERK OF THE SUPERIOR COURT 110 WEST CONGRESS, TUCSON, ARIZONA, 85701 REQUEST FOR REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES MUST BE MADE TO THE DIVISION ASSIGNED TO THE CASE BY PARTIES AT LEAST FIVE (5) JUDICIAL DAYS IN ADVANCE OF SCHEDULED COURT PROCEEDINGS. GIVEN UNDER THE HAND AND SEAL of the Superior Court of the State of Arizona in and for said County, this SEP -4 2002 day of _, 20 . PATRICIA A. NOLAND CLERK OF THE SUPERIOR COURT (SUPERIOR COURT SEAL) BY: Signature Deputy Clerk (SUPERIOR COURT SEAL) Pub: The Daily Territorial September 11, 18, 25, 2002 October 2, 2002 Req: Clerk of Superior Court smgallndo sm SUMMONS ARIZONA SUPERIOR COURT, County of PIMA In re the Marriage of RAFAEL CONTRERAS-GONZALEZ Petitioner, and TAM[ HERRERA CONTRERAS Respondent CIVIL ACTION NO. D20023334 SUMMONS (Domestic Relations) RICHARD C. HENRY THE STATE OF ARIZONA TO: TAMI HERRERA CONTRERAS, ADDRESS UNKNOWN YOU ARE HEREBY SUMMONED and required to appear and defend within the time applicable, in this action in this Court. If served within Arizona, you shall appear and defend within 20 days after the service of the Summons and Petitioner upon you, exclusive of the day of service. If served out of the State of Arizona - whether by direct service, by registered or certified mail, or by publication - you shall appear and defend within 20 days after the date of filing the receipt and affidavit of service with the Court. Service by publication is complete 30 days after the date of first publication. Direct service is complete when made. RCP 4, ARS §§25-311 to 25-381.22. YOU BE HEREBY NOTIFIED that in case of your failure to appear and defend within the time applicable, judgment by default may be rendered against you for the relief demanded in the Petition. YOU ARE CAUTIONED that in order to appear and defend, you must file a proper response on writing with the Clerk of this Court, accompanied by the necessary filing fee within the time required You are required to serve a copy of any response upon your spouse's attorney. RCP 10(d) ARS §12- 311. Requests for reasonable accommodation for persons with disabilities must be made to the division assigned to the case by parties at least 3 judicial days in advance of a schedule court proceeding. Copies of the pleadings filed herein may be obtained by contacting the Clerk of Superior Court, PIMA County, located at 110 W. CONGRESS, TUCSON, AZ. The name and address of your spouse's attorney is: IN PRO PER: RAFAEL CONTRERAS-GONZALEZ, 1226 E. ILLINOIS, TUCSON, AZ 85714 SIGNED AND SEALED this Date: AUG 29 2002 PATRICIA A. NOLAND Clerk By: Signature Deputy Clerk ROBERT YLVISAKER - 100 SUMMONS (DOMESTIC RELATIONS) Pub: The Daily Territorial September 4,11, 18, 25, 2002 Req: Rafael Contreras -Gonzalez smgonzalez sm SUMMONS SUPERIOR COURT OF ARIZONA, COUNTY OF PIMA In re the marriage of Evelyn Yanez, Petitioner, and Manuel Yanez, Respondent, CASE NO, D20022903 SUMMONS The State Of Arizona To The Above Named Respondent: _. YOU ARE HEREBY SUMMONED and required to appear and defend in the above entitled action within TWENTY (20) DAYS, exclusive of the date of service, if served within the State of Arizona, or within THIRTY (30) DAYS, exclusive of the date of service, if service is made without the State of Arizona. If service is made by publication, service is complete THIRTY (30) DAYS after the date of FIRST PUBLICATION and you must appear and defend within THIRTY (30) DAYS thereafter. In order to appear and defend, you must file a proper response or answer in writing with the Clerk of this Court, accompanied by the required filing fee. Failure to so appear and defend will result in a judgment by default being rendered against you for the relief requested in the Petition. You are required by law to serve a copy of your response or answer upon the Petitioner, and such response or answer should be addressed as follows: Evelyn Yanez 2150 N. 4th Ave #7105 Petitioner's Name and Complete Mailing Address Tucson AZ 85705 If service is made by publication, a copy of the Petition and other papers filed in this matter may be obtained from the Clerk of this Court whose address is as follows: _. REQUEST FOR REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES MUST BE MADE TO THE DIVISION ASSIGNED TO THE CASE BY PARTIES AT LEAST 3 JUDICIAL DAYS IN ADVANCE OF A SCHEDULED COURT PROCEEDING. GIVEN UNDER THE HAND AND SEAL of the Superior Court of the State of Arizona in and for the said County, this _ day of AUG 14 2002, 20 . PATRICIA A. NOLAND CLERK OF THE SUPERIOR COURT (SUPERIOR COURT SEAL) By Jud F. Whitnell Deputy Clerk Pub: The Daily Territorial August 28, 2002 September 4,11, 18,2002 Req: Clerk of Superior Court smyanez sm SUMMONS IN THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF PIMA In re the marriage of JESUS MANUEL QUIJADA, Petitioner, and KATHLEEN MAE THOMAS, Respondent. CASE NO. D20023214 SUMMONS (Domestic Relations) JAN E. KEARNEY THE STATE OF ARIZONA TO THE ABOVE NAMED RESPONDENT: KATHLEEN MAE THOMAS Address unknown YOU ARE HEREBY SUMMONED and required to appear and defend in the above entitled action within TWENTY (20) DAYS, exclusive of the date of service, if service is made without the State of Arizona. If service is made by publication, service is complete THIRTY (30) DAYS after the date of FIRST PUBLICATION and you must appear and defend within THIRTY (30) DAYS thereafter. In order to appear and defend, you must file a proper response or answer in writing with the Clerk of this Court, accompanied by the required filing fees. Failure to so appear and defend will result in a judgement by default being rendered against you for the relief sought and requested in the Petition. You are required by law to serve a copy of your response or answer upon the Petitioner, and such response or answer should be addressed as follows: JESUS MANUEL QUIJADA P.O. Box 7917 Tucson, AZ 85725 If service is made by publication, a copy of the Petition and other papers filed in this matter may be obtained from the Clerk of this Court whose address is as follows: 110 W. Congress, Tucson, AZ 85701. Request for reasonable accommodation for persons with disabilities must be made to the Court by parties at least 3 working days in advance of a scheduled Court proceeding. GIVEN UNDER THE HAND AND SEAL of the Superior Court of the State of Arizona in and for said County, this AUG 21 2002 day of 20_. PATRICIA A. NOLAND CLERK OF THE SUPERIOR COURT (SUPERIOR COURT SEAL) BY: Signature Deputy Clerk Kimberly Valenzuela (SUPERIOR COURT SEAL) Pub: The Daily Territorial August 28, 2002 September 4, 11, 18, 2002 Req: Clerk of Superior Court smqu[jada sm SUMMONS IN THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF PIMA In re the marriage of MICHALE ANTHONY GARNER, Petitioner, and TAMMY LEE GARNER, Respondent. CASE NO. D20023213 SUMMONS (Domestic Relations) RICHARD S. FIELDS The State of Arizona To The Above Named Respondent: TAMMY LEE GARNER Address unknown YOU ARE HEREBY SUMMONED and required to appear ,and defend in the above entitled action within TWENTY (20) DAYS, exclusive of the date of service, 'd service is made without the State of Arizona. If service is made by publication, service is complete THIRTY (30) DAYS after the date of FIRST PUBLICATION and you must appear and defend within THIRTY (30) DAYS thereafter. In order to appear and defend, you must file a proper response or answer in writing with the Clerk of this Court, accompanied by the required filing fees. Failure to so appear and defend will result in a judgement by default being rendered against you for the relief sought and requested in the Petition. You are required by law to serve a copy of your response or answer upon the SEPTEMBER 11. 2002 The Daily Territorial PAGE 15 Hearing Notice establishment of a permanent guardianship based upon the record and the evidence presented to the court. Proceedings to terminate parental rights can also occur based upon the grounds - set forth in A.R.S. § 8-533. If the Court determines that efforts to reunify a parent or guardian with a child would not be reasonable, the Court is not required to order reunification services pursuant to A,R.S. § 8-846. The above -named individual(s) may obtain a copy of the Dependency Petition, Notice of Dependency Hearing, and Temporary Order by submitting a written request to: JEFFREY A. WEINSTEIN, Office of the Attorney General, 3939 South Park Avenue, Suite 180, Tucson;, - Arizona 85714. The assigned case manager is ANDREE SIDWELL and may be reached by telephone at (520) 721-3097. A request for reasonable accommodation for persons with disabilities must be made to the Court by parties at least three (3) working days in advance of a scheduled court proceeding and can be made by calling 740-2900. PATRICIA A. NOLAND, Clerk (SUPERIOR COURT SEAL) Jan Reim Deputy Clerk GIVEN UNDER MY HAND AND SEAL this 22 day of August, 2002. Pub: The Daily Territorial August 28, 2002 September 4,11, 18, 2002 Req: Attorney General hrconderkb NOTICE OF HEARING ARIZONA SUPERIOR COURT, PIMA COUNTY In the Matter of the Guardianship of: Salvador Eduardo Vazquez Minor(s). NO. GC20020836 NOTICE OF HEARING (Appointment of Guardian) NOTICE IS GIVEN that the court will consider the Petition for Appointment of Guardian(s) of Minor(s) on October 22, 2002, at thehourof 9:00 am at the court designated above, the address of which is 110 W. Congress, Tucson, Arizona 87501. DATED: 09/05/02 Signature Petitioner THIS IS A LEGAL NOTICE. YOUR RIGHTS MAY BE AFFECTED. ESTE ES UN AVISO LEGAL. SUS DERECHAS PODRIAN SER AFECTADAS. Pub: The Daily Territorial September 10, 11, 12, 2002 Req: Clerk of the Superior Court hrvazquez kb NOTICE OF HEARING SUPERIOR COURT OF ARIZONA, COUNTY OF PIMA In re the Name Change of William Jones Bello Minor Child(ren). CASE NO. C20024094 NOTICE OF HEARING ON PETITION FOR CHANGE OF NAME CARMINE CORNELIO TO: Bill Bello PLEASE TAKE NOTICE that the above named petitioner has petitioned this Court pursuant to A.R.S. §§ 12-601 and 12-602 for a Change of Name of the above said child(ren) to: William Anthony Jones. Objection to the requested Change of Name must be made with the above named Court on or before the hearing scheduled for _ .m., , the 2 day of October, 2002 before the following Judge or Court Commissioner: 110 W. Congress T / AZ You may appear in person or by your Attorney at the Scheduled Hearing. A copy of the Petition for Change of Name is attached hereto for your reference. Signature Petitioner's Signature 2901 W. Canada St. Address Tucson, AZ 85746 City / State / Zip Code Pub: The Daily Territorial August 28, 2002 September 4, 11, 18, 2002 Req: Clerk of Superior Court hrbello sm NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA JUVENILE COURT In the Matter of ROMERO, MARK dob 03 / 10 / 93 No. S161514 NOTICE OF INITIAL HEARING ON PETITION FOR TERMINATION OF PARENT -CHILD RELATIONSHIP TO: JOHN DOE, address unknown. 1. The Arizona Department of Economic Security has filed a Motion for Termination of Parent -Child Relationship pursuant to A.R.S. § 8-531, et seq. 2. The Court has set a publication hearing on the 18th day of October 2002 at 9:00 a.m., before the Honorable Judge Knuck of the Pima County Superior Court, 2225 East Ajo Way, Tucson, Arizona, 85713, telephone (520) 740-2000, for the purpose of determining whether any parent or guardian named herein is contesting the allegations in the Motion for Termination. 3. You are hereby advised that your failure to personally appear in court at the initial hearing, pretrial conference, status conference or termination adjudication hearing 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 personally appear in court without good cause shown, the hearings may go forward in your absence and may result in the termination of your parental rights based upon the record and the evidence presented to the court. 4.In the event you appear and contest the allegations, a pre-trial conference or status conference and termination adjudication hearing will be scheduled. 5. You 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. 6. If you are receiving this Notice by publication, you may obtain a copy of the Notice of Initial Hearing and Motion for Termination of Parent -Child Relationship by submitting a written request to: Jay W. McEwen, Office of the Attorney General, 3939 South Park Avenue, Suite 180, Tucson, Arizona 85714. 7. A request for reasonable accommodation for persons with disabilities must be made to the court by parties at least three (3) working days in advance of a scheduled court proceeding and can be made by calling (520)740-2000. NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION - DATED THIS 13th day of August 2002. PATRICIA A. NOLAND. Clerk (SUPERIOR COURT SEAL) By: Signature Deputy Clerk Pub: The Daily Territorial August 21, 28,2002 September 4, 11, 2002 Req: Attorney General hrron,ero sm AMENDED NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In -re the Matter of: VIKTOR TERESHCHENKO, d.o.b. 6 / 2 / 92 Minor. No. S161038 AMENDED NOTICE OF FILING PETITION FOR TERMINATION OF PARENTAL RIGHTS AND NOTICE OF HEARING TO:YEVGENTYTERESHCHENKO, NOTICE IS HEREBY GIVEN that Petitioner, Valeriya Falkner, has filed a Petition for Termination of Parental Rights. Petitioner's petition shall be heard on the 11th day of October, 2002 at 10:00 a.m. Pima County Juvenile Court, 2225 East Ajo Way, Tucson, Arizona 85713. You have the right to appear as a party in this proceeding. The failure of a parent to appear at the initial hearing, the pretrial conference, the status conference or the termination adjudication hearing may result in an adjudication terminating the parent -child relationship of the parent. DATED this 23rd day of August, 2002. Signature Michael A. Johnson Attorney for Petitioner Pub: The Daily Territorial August 28, 2002 September 4, 11, 18, 2002 Req: Michael Johnson, Atty. hrtereshchenko sm Public Notice NOTICE OF PENDING FORFEITURE IN THE MATTER OF: U.S. CURRENCY IN THE AMOUNT OF $1,423.00; 1,200 MEXICAN PESOS (U.S. CURRENCY VALUE $122.32) SEIZED IN DEPARTMENT OF PUBLIC SAFETY CASE NUMBER: 2002-053776 NO, 20020827EUC01 NOTICE OF PENDING FORFEITURE MAKING UNCONTESTED FORFEITURE AVAILABLE YOU ARE HEREBY GIVEN NOTICE pursuant to A.R.S. § 13-4307 and 13- 4309 that the State of Arizona claims that the property described in Appendix One, hereto, is forfeited to the State of Arizona pursuant to A.R.S §§ 13- 2314(G), 13-1802, and 13-4301, et seq. The attorney for the State has chosen to make uncontested forfeiture available. The estimated value of all the seized property:$1,545.32 On August 9, 2002 the property was seized for forfeiture at FEDERAL ROUTE 1, SIX MILES SOUTH OF STATE ROUTE 86, ARIZONA. Any person claiming to be an owner or interest holder in any of the defendant property must within thirty (30) days of this notice either (a) file a Petition for Remission or Mitigation with the State's attorney or (b) file a Claim with the Court. You may not file both. When referencing this case, use only the complete caption above — even if you are only petitioning / claiming one item. Whether a claim or petition is selected, it must comply with the requirements of In accordance with ARS 9462, Arizona State Statutes, NOTICE OF PUBLIC, HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION REGARDING A REQUEST TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN IS HEREBY GIVEN: TIME: at or after 6:00 p.m. Tuesday, October 1, 2002 PLACE: Oro Valley Town Hall, 11,000 N. La Cafiada Drive, Oro Valley, Arizona SUBJECT: PUBLC HEARING: OVtt-02.03, THE WLB GROUP INC. REPRESENTING WILLIAM ESTES. REQUESTS AN AMENDMENT TO THE CURRENT TOWN OF ORO VALLEY GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR A SITE LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# M5060020 & 224390240 For an 85.63 acre site, the applicant wishes to amend the General Plan land use designation from Low Density Residential (.6 — 1.2 dwelling units per acre) to Medium Density Residential (2.1-5.0 dwelling units per acre). An amendment if approved, would enable the applicant to submit a rezoning application to increase the permitted residential density. LOCATION: The subject property is located south from the intersection of Lambert Land and La Canada Drive just pad the Canada OW Oro Wash on the west side of the road. DESCRIPTION: A complete description and reap are available at the Town Hall, Planning and Zoning Department. Members of the public are invited to attend this meeting and will be given an opportunity, to speak. For additional information, contact David Ronquillo, Plattner 1, at 229-4817 or drorlquilloftrovalley.net. Pub: The Dray Tortlodal September 11, 2002 Req: Town of Oro Valley pnov114)2-03kb A.R.S. §§ 13-4311(E) and (F). A.R.S. §§ 13-4311(E) and (F) provide: E. The claim shall be signed by the claimant under penalty of perjury and shall set forth all of the following: 1. The caption of the proceeding as set forth on the notice of pending forfeiture or complaint and the name of the claimant. 2. The address at which he will accept future mailings from the court or attorney for the state. 3. The nature and extent of the claimant's interest in the property. 4. The time, transferor and circumstances of the claimant's acquisition of the interest in the property. 5. The specific provisions of this chapter relied on in asserting that it is not subject to forfeiture. 6. All facts supporting each such assertion. 7. Any additional facts supporting the claimant's claim. 8. The precise relief sought. F. Copies of the claim shall be mailed to the seizing agency and to the attorney for the stale. No extension of time for the filing of a claim may be granted. A.R.S. § 13-4309 provides that when uncontested forfeiture is made available and a Petition for Mitigation or Remission is filed with the attorney for the State, an informal procedure is permitted to determine whether the petitioner's interest will be maintained in whole or in part. The procedure usually takes less than ninety days from this notice, and allows negotiation among the parties. Any party whose interest, or any part of it, is declared forfeited by the attorney for the State, may, within thirty (30) days after the mailing of the declaration in the informal proceeding, file a claim in court. When a claim is filed, whether initially or after the informal proceeding, the forfeiture is finally determined by the Court and not by the attorney for the State. There are advantages to either procedure depending upon the circumstances of the case. Choosing one procedure instead of the other may have serious consequences to you. You may need to consult a lawyer before making a decision to file either type of petition or a claim or to refrain from filing anything. If no petition or claim is timely filed, forfeiture of all interest in the defendant property of any person who does not so petition or claim will result. Any petition must be mailed to the attorney for the State: Forfeiture Unit Pima County Attorney 1400 Legal Services Building 32 North Stone Tucson, Arizona 85701-1412 Any claim filed must be filed in Pima County Superior Court. The Claim must use the caption on this notice, and a copy sent to both the above attorney for the State and the seizing agency DEPARTMENT OF PUBLIC SAFETY at 6401 S. TUCSON BLVD., TUCSON ARIZONA 85706. In some circumstances, a person claiming a lawful interest in property may file an application pursuant to A.R.S. § 13-4310(B) to obtain a hearing on the provisional return of the property pending the outcome of a judicial proceeding on the forfeiture. Any application for such a hearing must comply with the requirements of A.R.S. § 13-4311(E) and (F) when filed with the court. Any such application must be filed within fifteen (15) days of the notice or actual knowledge of the seizure for forfeiture. The property was seized on August 9, 2002. If you have not previously received notice of its seizure for forfeiture, this is notice pursuant to A.R.S. § 13-4306(C). DATED this 28th day of August, 2002. BARBARA LAWALL PIMA COUNTY ATTORNEY Signature THOMAS J. RANKIN Deputy County Attorney APPENDIX ONE (A) U.S. CURRENCY IN THE AMOUNT $1,423.00 (B) 1,200 MEXICAN PESOS - U.S. CURRENCY VALUE $122.32 Pub: The Daily Territorial September 11, 2002 Req: Pima County Attorney pnus$1,423 sm NOTICE OF SPECIAL MEETING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF PIMA Pursuant to A.R.S. §38-431.02, Notice is hereby given to the general public that the Industrial Development Authority of the County of Pima will hold a special meeting open to the public on the 13th day of September, 2002, at 12:00 o'clock noon. The meeting will be held in the Pima County Administrator's Conference Room, Tenth Floor, Pima County Administration Building, 130 West Congress, Tucson, Arizona. Information concerning the Industrial Development Authority's Agenda for the meeting may be obtained by contacting Steve Russo, Attorney for the Authority, at (520) 529-1515. DATED this 6th day of September, 2002. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF PIMA By: / s / Bernhardt Wm. Collins Bernhardt Wm. Collins, President Pub: The Daily Territorial September 11, 2002 Req: Russo, Cox, & Russo, PC pnseptl3 sm NOTICE TO POTENTIAL FATHER Jessi Leigh Schultz, whose address is 6041 E. 29th Street, Tucson, AZ 85711, has named you, Michael Patrick, as the potential father of her child, born on August 13, 2002. Notice is also given to John Doe or any other man claiming to be the father of this child . Pursuant to Arizona Revised Statutes §8-106(G), you are hereby notified that: Jessi Leigh Schultz has made an adoption plan for this child. If you are not in agreement with the adoption, you are responsible for initiating paternity proceedings pursuant to Arizona Revised Statutes, Title 25, Chapter 6, Article 1, within 30 days from the date that this notice is served upon you. Should you establish paternity, you would have the right to seek custody of the child. 'Once paternity is established, you may be responsible to begin providing financial support for the child, and if paternity is not established until afterthe child is born, you may be responsible for past support. (A.R.S. §25-809(A)). Your failure to file a paternity action pursuant to Arizona Revised Statutes, Title 25, Chapter 6, Article 1, within thirty days of completion of the service of this notice bars you from bringing or maintaining any action to assert any interest in the child. Your failure to file a paternity action within thirty days also constitutes a legal ground for the termination of any parent - child relationship that may exist between you and the child A.R.S. §8.533(B)(5). THIS IS A LEGAL NOTICE. IF YOU DO NOT UNDERSTAND THE MEANING OF THIS NOTICE YOU SHOULD CONTACT AN ATTORNEY IMMEDIATELY. YOUR RIGHT TO PARENT YOUR CHILD WILL BE LOST IF YOU DO NOT ACT TO ESTABLISH YOUR PATERNITY WITHIN THIRTY (3) DAYS. NO FURTHER NOTICE WILL BE GIVEN. Catholic Social Service 140 W. Speedway Blvd, Suite 130 Tucson, AZ 85705 (520) 623-0344 Maureen Roll, C.I.S.W. Pub: The Daily Territorial August 21, 28, 2002 September 4, 11, 2002 Req: Catholic Social Services pnschultz sm Sales Notices NOTICE OF PUBLIC LIEN SALE National Self Storage pursuant to the rental agreement and A.R.S. 33-1703 and other applicable Arizona Statute, will conduct a public sale to satisfy a landlord lien of the contents of the storage spaces named below, which consist of items listed below, which includes unpaid rent, late charges and costs incurred to date. To avoid this sale, payment in full, including all late charges and costs plus additional unpaid rent and charges to date of payment, must be received prior to the date of sale. Landlord will not proceed with the sale if payment in full is made in cash or money order prior to sale. Complete terms and inspection prior to sale. Auction will be held at or after 7 a.m. on: SEPTEMBER 19, 2002. National Self Storage Tucl - 3899 N. Oracle Rd., Tucson, AZ D81 KEN LOREY D81HAROLD BUTLER RV2 KATHLEEN SEXTON E72 DAVID W. STURGEON G23 CHRISTIAN CAMILO E22 MARTIN ROTH F14 SHANNON JOSE F86 LAWRENCE MURRAY G37 ROBERT CARDONA F92 CHRISTINE L. OSUNA 879 STEFAN THOMASSON Honda motorcycle (VIN# JH2RC0717DM110109 - Lic# MCFN19 - Exp 6-01-01), Shasta travel trailer, (special # AZ252392 assigned), thermos bottles, plastic , containers,- shelves, washer & dryer, computer, weights, fishing poles, baby carriage, camping gear, misc furniture & boxes of misc Tuc2 - W. Orange Grove Rd., Tucson, AZ J7 JUAN OR BLANCA AGUILAR Desk, shelf, bed frame & toys Tuc3 - 2424 N. Oracle Rd, Tucson, AZ C6 CANDACE ROWE C32 JANICE BORNE C52 CHOD MC CLINTOCK E48 TAMMY MAYO G16 BILLY F. POINDEXTER Stereo's, suitcases, table & chairs, desk, wood bed frame, fire ext. & boxes of misc. Tuc4 - 2545 S. 6TH Ave. Tucson, AZ B9 MARISELA PACHECO CIO JEANETTE J.P. PALIMO CIS DEANNA M. ROSTHENHAUSLER C33 TONY GONZALES NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with ARS 9462 and Section 3-108 of the Oro Valley Zoning Code Revised, NOTICE OF REZONING PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION IS HEREBY GIVEN: TIME: at or after 6,00 p. m. on TUESDAY OCTOBER 1, 2002 PLACE: Oro Valley Town Hall Council Chambers 11000 N. La Canada Drive Oro Valley, Arizona SUBJECT: PUBLIC HEARING — OV9-02-09, LAIDLAW CONSULTING, REPRESENTING A. F. STERLING HOMES, REQUESTS A REZONING FROM R1-144 (RESIDENTIAL WITH 144,000 S.F. LOT MINIMUM) TO R1-20 (RESIDENTIAL WITH 2O,000 S.F. LOT MINIMUM) FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF LA CANADA DRIVE EXTENDED AND MOORE ROAD, PARCELS 219490-020 AND 219-490.010 The property owner requests a rezoning on 56.72,acres from R1-144 to R/-20. If approved, the rezoning would permit tine development of approximately 72 single-family.residerWal units — including recreation areas. LOCATION: The property is located on the southeast comber of La Canada Drive Extended and Moore Road. DESCRIPTION: The rezoning proposal is available, for review at the Oro Valley Town Hall, Development Services SuilGhg, 11000 N. La Canada Drive, Oro Valley, Arizona, during normal business hours. Members of the public are invited to this meeting and will be given an opportunity to speak. An agenda for the meeting will be made available 24 fours prior to meeting time. Should you have any questions regarding this matter, please contact Robert Conant at (520) 229.48W or at bconant@orovalley.net. Pub: The Daily TerrHarlal September 11, 2002 Req: Town of Oro Valley pnwv9-02-09l d7 - Y .r' ti -10, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION hi accordance with ARS 9-462, Arizona State Statutes, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION REGARDING A REQUEST TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN IS HEREBY GIVEN: TIME: at or after 6:00 p.m. Tuesday, October 1, 2002 PLACE: Oro Valley Town Hall,11,000 N. La Cahada Drive, Oro Valley, Arizona SUBJECT: PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC REPRESENTING WILLIAM ESTES, REQUESTS AN AMENDMENT TO THE CURRENT TOWN OF ORO VALLEY GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR A SITE LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 For an 85.63 acre site, the applicant wishes to amend the General Plan land use designation from Low Density Residential (.6— 1.2 dwelling units per acre) to Medium Density Residential (2.1-5.0 dwelling units per acre). An amendment, if approved, would enable the applicant to submit a rezoning application to increase the permitted residential density. DESCRIPTION: A complete description and map are available at the Town Hall, Planning and Zoning Department. Members of the public are invited to attend this meeting and will be given an opportunity to speak. For additional information, contact David Ronquillo, Planner I, at 2294817 or donquillo@orovalley.net. NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with ARS 9462, Arizona State Statutes, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION REGARDING A REQUEST TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN IS HEREBY GIVEN: TIME: at or after 6:00 p.m. Tuesday, October 1, 2002 PLACE: Oro Valley Town Hall, 11,000 N. La Cahada Drive, Oro Valley, Arizona SUBJECT: PUBLIC HEARING: OV11-02-03 THE WLB GROUP INC REPRESENTING WILLIAM ESTES, REQUESTS AN AMENDMENT TO THE CURRENT TOWN OF ORO VALLEY GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR A SITE LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 For an 85.63 acre site, the applicant wishes to amend the General Plan land use designation from Low Density Residential (.6 — 1.2 dwelling units per acre) to Medium Density Residential (2.1-5.0 dwelling units per acre). An amendment, if approved, would enable the applicant to submit a rezoning application to increase the permitted residential density. DESCRIPTION: A complete description and map are available at the Town Hall, Planning and Zoning Department. Members of the public are invited to attend this meeting and will be given an opportunity to speak. For additional information, contact David Ronquillo, Planner I, at 229-4817 or dronquillo@orovalley.net. NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with ARS 9-462, Arizona State Statutes, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION REGARDING A REQUEST TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN IS HEREBY GIVEN: TIME: at or after 6:00 p.m. Tuesday, October 1, 2002 PLACE: Oro Valley Town Hall, 11,000 N. La Canada Drive, Oro Valley, Arizona SUBJECT: PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC, REPRESENTING WILLIAM ESTES, REQUESTS AN AMENDMENT TO THE CURRENT TOWN OF ORO VALLEY GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR A SITE LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 For an 85.63 acre site, the applicant wishes to amend the General Plan land use designation from Low Density Residential (.6 — 1.2 dwelling units per acre) to Medium Density Residential (2.1-5.0 dwelling units per acre). An amendment, if approved, would enable the applicant to submit a rezoning application to increase the permitted residential density. LOCATION: The subject property is located south from the intersection of Lambert Lane and La Canada Drive just past the Canada Del Oro Wash on the west side of the road. DESCRIPTION: A complete description and map are available at the Town Hall, Planning and Zoning Department. Members of the public are invited to attend this meeting and will be given an opportunity to speak. For additional information, contact David Ronquillo, Planner I, at 229-4817 or donquillo@orovalley.net. Posted: 9-i0-02 Time: 9:30 a.m. Bayer Vella, A1CP By: sg Senior Planner F:\OV\OV11\2002\11-02-03\P&Z Commission Notice.doc 4 NOTICE OF CANCELLATION OF REVIEW BEFORE THE ORO VALLEY TOWN COUNCIL December 18, 2002 NOTICE THAT THE ITEM OV 11-02-03 REGARDING A REQUEST FOR AN APPEAL TO THE PLANNING AND ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY HAS BEEN REMOVED FROM THE DECEMBER 18, 2002 ORO VALLEY TOWN COUNCIL MEETING AGENDA IS HEREBY GIVEN: PLANNING & ZONING DIVISION 11,000 N. La Canada Drive, Oro Valley AZ 85737 Phone: 229-4800 Fax: 742-1022 PUBLIC HEARING: OV11-02-03, THE WLB GROUP INC. REPRESENTING WILLIAM ESTES, REQUESTS AN APPEAL TO THE PLANNING & ZONING COMMISSION'S DECISION TO INITIATE A PROPOSED GENERAL PLAN AMENDMENT FOR THE ESTES PROPERTY; LOCATED DIRECTLY SOUTH OF THE CANADA DEL ORO WASH AND WEST OF LA CANADA DRIVE, PARCELS# 225060020 & 224390240 The item does not need to be considered by the Town Council because the applicant has withdrawn the request. For additional information, n ct David Ronquillo, Planner 1, at 229-4817 ordronquillo@orovalley.net. s'r . TOWN OF ORO VALLEY 11000 N. La Canada Dr. -A Oro Valley, AZ 85737- •� RMRl+ 7,0 �fy1%�jf % 0,i' 17C;L I V� ' . ;?AFL RS A1?�RtSStD AICSON, AL of JAN 0 7 2003 FRED BANGS ONE S CHURCH TUCSON AZ 85701 -- 7 The : W rW IM Engineering Planning Surveying Landscape Architecture Urban Design W L g -_' � Offices located in Tucson, PhoE nix � and Las Vegas Group __ 4444 East Broadway t3tvd. Tucson, Arizona (520) 881-7480 inc 0' 200' 400' 600' E9 6?%mmmmml OVERTON ROAD i Et{ � � 1 i LINDA VISTA BLVD. -- PROJECT LOCATION o4 Location Map ite'Ian I nformation Total `Jite Area s 5.6 3 acres �otal Nuniker of [-ots i JZ T�)pical t-ot'51,zes 6ross Density KoaJ t-engtk Sol x i 25 ` ( i 0,000 s1) Z.O DweI-�-per Ac reC-y ± 9,950 linear Feet *.•••• •••9 [-inear Path W W W W W W W W W W W W w W0 ef-i '/\/)' J�//// (l/� P�G) �+/•/yam/a//P�5pace W W W W W W W W W W W W t_a Canada [-inear FarL Access NoJe 8 Acres [----.ocateJ in tke Vicinitof Kancko reliz Drive and La Canada Drive Conceptual 5ite Flan �ugu5t 1 6, 2-002 WL5 NO. 1 0 1 05-i—A-OO 1 w