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HomeMy WebLinkAboutOV101002DRAFT MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION March 23, 2010 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER - 3:00 P.M. ROLL CALL PRESENT: Paul Parisi, Chair Jeremy Christopher, Vice Chair Jimmy Fields, Member John Hickey, Member EXCUSED: Sandra Hoy -Johnson, Member MINUTES: Approval of the Minutes of October 27, 2009, Regular Session. MOTION: A motion was made by Member Hickey and seconded by Member Fields to approve the Minutes of the October 27, 2009, Regular session. Vice Chair Christopher abstained from the vote. MOTION carried, 3-0. PUBLIC HEARINGS: CASE NO: OV10-10-02, Holton Design Associates, LLC, representing Panda Express requests a variance from the Oro Valley Zoning Code Revised sections 27.6.C.3.a, 5' landscape screen, 27.6.C.3.d, 10' landscape screen and 25.1.A.5.b.i, interconnection between buildings. Subject parcel (#225-51-2160) is located on the southeast corner of Oracle Road and Magee Road in the Escondido Plaza at 7848 N Oracle Road, Oro Valley, AZ, 85704. Chair Parisi swore in the applicant Mark Russell and architect Ward Holland. Mr. Holland stated that the site was platted when the area was designated as Pima County and did not have landscaping requirements. He explained that it was difficult to meet all of the zoning requirements and noted the problems: ♦ Small site; just large enough for a building and some parking spaces ♦ Restricted by 150' setback from the center of Oracle Road ♦ The traffic patterns around the other three sides of the building Mr. Holland noted that Panda Express devised a special building design for this site, which is smaller than their typical building in order to incorporate the required landscaping. 03/23/2010 Minutes, Board of Adjustment He explained that the first variance regarded the landscape border around the drive thru. He stated that green screen landscaping would be used on the.east side. He noted that on the north side of the building there would be room for 3 feet of landscaping rather that the required 5 feet. He asked to reduce the height requirement from 36 inches to 30 inches. He reviewed the request for the second variance: • Most of the landscaping on the south side of the building would meet the requirement with the exception of a narrow area that would be reduced to 3 feet ♦ The east side of the building needed a reduction from the 10 foot requirement to 7 feet • The north side of the building would be reduced to 7 feet at the drive thru Mr. Holland noted that a large landscaped area was added in front of the building. He summarized that the request was for a reduction of a few feet of landscaping due to the constraints of the area. He reviewed the third variance regarding interconnectivity. He explained the reasons why this requirement could not be met: • Other onsite buildings do not have interconnectivity • Slope on site • Traffic around the building would create a safety issue Discussion noted the following: • The lot would not be viable without the drive thru, due to Oracle Road. • The refuse enclosure and gas meter were located off of the property o Space for these items was leased by a third party as there was not enough room on the property. • There would be three handicapped parking spaces o Due to ADA requirements for access and the topography, the building cannot be adequately shifted • The drive thru would be u-shaped Zoning Inspector Patty Hayes presented the staff report: • Currently the site houses a Church's Chicken restaurant • Panda Express seeks to demolish the current building and build a new restaurant • New construction is required to meet the Oro Valley Zoning Codes Revised criteria o The Code requirements for a drive thru are as follows: ■ Drive thru windows and waiting/stacking lanes must be screened with a minimum of a 5 foot wide landscape screen with a minimum height of 36 inches o The applicant proposed to reduce the landscaping from 3 feet to 2 feet in varied locations, with a lattice of vines on green screen at a maximum height of 30 inches 03/23/20 ] 0 Minutes, Board of Adjustment - Variance request No. 2 o The Code requires 10 feet of landscaping around all sides of the building o The applicant proposed to reduce portions of the landscaping on three sides of the building to 3 feet, 2 feet and 1 foot 6 inches in various locations Variance request No. 3 o The Code requires interconnectivity among the adjacent buildings to include buildings, parking, bicycle and recreational areas where possible o The applicant concluded that interconnectivity is not possible and requested to waive this requirement Currently, landscape does not exist on the property Discussion noted the following: ♦ A Panda Express building is typically 2,448 square feet o The proposed building has been reduced in size to 2,200 square feet ■ The size of the kitchen has been reduced and the seating area has been reduced by 13 seats ♦ Each variance request would need to be voted on separately ♦ The.height requirement for a site triangle is 30 inches o To meet the height requirement of 36 inches for landscaping would reduce visibility and create a safety issue ♦ Circulation, the drive and the lack of separation between the drive thru and the church were discussed at the Pre -application meeting o All items were considered acceptable Chair Parisi opened the public hearing. There being no speakers, he closed the hearing. Mr. Russell stated that Panda Express was excited to come to Oro Valley and was trying hard to meet the Town's requirements. He stated that he believed the new building and landscaping would be an improvement for the site. It was noted that the screen wall in the back would be made of a mesh metal painted. green like a trellis with plants growing up it. MOTION: A motion was made by Vice Chair Christopher and seconded by Member Hickey to approve Oro Valley 10-10-02 variance request for proposed reductions of the required landscaping around the drive thru windows and waiting stacking lane as required in the OVZCR 27.6.C.3.a Vice Chair Christopher cited the reasons for approval: ♦ Special conditions apply to the property to include size, shape, topography and location ♦ Circumstances were not created by the owner or applicant ♦ The variance is necessary for the enjoyment and preservation of the property rights ♦ The variance would not grant special privileges 03/23/2010 Minutes, Board of Adjustment ♦ The variance would not be materially detrimental to other property owners in the vicinity or the public welfare in general Vice Chair Christopher expressed his appreciation to the applicant for their efforts to work with Town staff. MOTION carried, 4-0. MOTION: A motion was made by Member Hickey and seconded by Vice Chair Christopher to approve Variance No. 2, OV10-10-02 the proposed reduction of landscaping around all four sides of the building as required in the OVZCR 27.6.C.3.d MOTION carried, 4-0. MOTION: A motion was made by Member Hickey and seconded by Vice Chair Christopher to approve Variance No. 3, OV10-10-02, request for relief from possible interconnectivity as called out in OVZCR 25.1.A.5.b.i MOTION carried, 4-0. ADJOURNMENT MOTION: A motion was made by Member Hickey and seconded by Vice Chair Christopher to adjourn the meeting at 3:31 p.m. Vice Chair Christopher called for a Point of Order, after Chair Parisi declared the meeting adjourned, to note that a vote to adjourn had not been taken. Prepared by: Christina Pickering, Senior Office Specialist Formatted: Font: (Default) Anal Formatted: Font: (Default) Anal Formatted: Font: (Default) Anal 18 MARCH 5, 2010 4 1 , P132010 0043 Notice To Creditors No- tice Is Given that Larry A. Mix has been appointed Personal Representative of this Estate. All persons having claims against the Estate are required to pre- sent their claims within four months af- ter the date of the first publication of this notice or the claims will be forever barred. Claims must be presented by delivering or mailing a written statement of the claim to the Personal Represen- tative or attorney at the address listed below. Dated: February 13, 2010. /s/ Henry H. Wood, Wood Law Firm, PLLC, 2200 East River Road, Suite 107, Tuc- son, Arizona 85718 PUBLISH: The Dally Territorial Feb. 26, March 5,12, 2010 crcole rm NOTICE TO CREDITORS IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN'AND FOR THE COUNTY OF PIMA In the Matter of the Estate of RICHARD N. SLOVNIK DECEASED (DOB: Febru- ary 27, 1951 Case No. PB 2 090774 NOTICE TO CREDITORS NOTICE IS HEREBY given that David J. Slovnik, has been appointed Personal Repre- sentative of this Estate. All persons hav- ing claims against this Estate are re- quired to present their claims within four months after the date of first publication of this notice or the claims will be for- ever barred. Claims must be presented by delivering or mailing a written state- ment of the claims to the Personal Rep- resentative at The Cabrera Law Firm, 177 N. Church -Avenue, Suite 200, Tuc- son, Arizona 85701. DATED.tNs 16 Day of November, 2009. /s/ David J. Slovnik 10478 W. Beach Road Beach Park, Illinois 60087 , By /s/ Ann Lyons -Cabrera 177 N. Church Ave., Suite 200 Tucson, Arizona.85701 Attor- ney for the Estate of Richard N. Slovnik PUBLISH: The Daily Territorial February 19, 26, March 5, 2010 crsiovnik20090774 rm NOTICE TO CREDITORS IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the Matter of the Estate of: EDWARD J. DROW, (dob: 4-7-1944) Case No: PB 20100162 NOTICE TO CREDITORS NOTICE IS GIVEN that GLORIA M. DROW has been appointed as Per- sonal Representative of this estate. All. persons having claims against the es- tate are required to present their claims within four months from the date of the first publication of this Notice, or if said creditor is known or reasonably ascer- tainable by the Personal Representa- tive, within 60 days of the mailing or de- livery of the notice as prescribed by A.R.S. § 14-3801 B or the claim(s) will be forever barred. Claim(s) must be presented by delivering or mailing a written statement of the claim to the Personal Representative or Attorney at the address listed below. Dated this 12 day of February, 2010. /s/ HOWARD BALDWIN, Attorney for Estate 22 East University Boulevard Tucson, AZ 85705-7737 PUBLISH: The Daily Territorial February 19, 26, March 5, 2010 6rdrow20100162 do Notice To Creditors Norma Jean Peal Kate McMillan 3920 E. 5th Street Tucson, AZ 85711 (520) 327-6161 State Bar No. 3956 Pima County No: 37828 Superior Court Of Arizona, Pima County In the Matter of the Estate of Norma Jean Paul, De- ceased (DOB: 817/1953) No. PB 2010 0079 Notice To Creditors (For Publica- tion) Notice Is Given that Sharyn Peal has been appointed Personal Repre sentative of this estate. All persons hav- ing claims against the estate are re- quired to present their claims within four months after the date of the first publi- cation of this Notice or the claims will be forever barred. Claims must be pre- sented by delivering or mailing a written statement of the claim to the Personal Representative or attorney at the ad- dress listed below. Dated: February 1, 2010 /s/ Kate McMillan, Attorney for Personal Representative 3920 E. 5th Street Tucson, AZ 85711 PUBLISH: The Daily Territorial Feb. 19, 26, March 5, 2010 crpeaV20100079 rm Notice To Creditors Robert T. Ambrose Elizabeth C. Smith, P.C. 235 W. Giaconda Way, #223 Tuc- son, Arizona 85704 (520) 797-1800 bsmith@bethsmith.com Elizabeth C. Smith AZ Bar #16759 PCC #65000 At- torney for Personal Representative Ari- zona Superior Court, Pima County In the Matter of the Estate of Qobert T. Ambrose DOB: 09/21/1933 DOD: 12/25/2009 Deceased, No. PB-2010 0119 Notice To Creditors (For Publica- tion) Notice Is Hereby Given that Kath- leen A. Ambrose has been appointed Personal Representative of this Estate. All persons having claims against the Estate are required to present their claims within four months after the date of the first publication of this notice or the claims will be forever barred. Claims must be presented by delivering or mail- ing a written statement of the claim to the Personal Representative or attorney at the address listed below. Dated: 214/10 /s/ Elizabeth C. Smith, Esq. 235 W. Giaconda Way, Ste. 223 Tucson, AZ 85704 PUBLISH: The Daily Territorial . Feb. 19, 26, March 5, 2010 crambrose20100119 rm NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 21.6.H of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Sec. 9-462.06, NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, March 23, 2010 commencing at or af- ter 3:00 p.m. The meeting will be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject mat- ter will be as further described below: OV10-10-02: Holton Design Associ- Was. LLC, representing Panda Ex- press requests a variance from the Oro Valley Zoning Code Revised sec- tions 27.6.C.3 5'landscaping_ screee 27.6.C.3.d 10' landscape screen and 25.1.A.5.b.1 Interconnection between buildings. Subject: (parcel #225-51-2160) located at 7848 N Ora- cle Road. Oro Valley, AZ, 85704. Site plans are available for review dur- ing normal business hours at the Oro Valley Town Hall, Development Service Center. Persons interested may appear in person, by agent or attorney, and the petitioners must appear or be repre- sented. Any person seeking further in- formation on this request for a variance may contact Patty Hayes at 229-4819 or e-mail: phayes@orovalleyaz.gov. Paul R. Popelka, RLA/AICP Acting Planning and Zoning Director . -PUBLISH: The Daily Territorial March 5, 2010 hr10l002 ns NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the Matter of ROMERO, ANNALYS A dob 0828/95 No. J 191283 NOTICE OF PUBLICATION HEARING ON MO- TION FOR APPOINTMENT OF A PER- MANENT GUARDIAN OF MINOR CHILDREN Judge Aragon TO: John Doe 1. The Arizona Department of Economic Security has filed a Motion for Appoint- ment of Permanent Guardian for the mi- rror child pursuant to A.R.S.-§ 8-871, et M. 2. The Court has set an initial hearing on the 21st day of April 2010, at 8:30 a.m. before the Honorable Gus Aragon at the Pima County Superior Court, Ju- venile Division, 2225 E. Ajo Way, Tuc- son, Arizona 85713, telephone No. 740-2000, for the purpose of determin- ing the parents' response to the Motion. 3. You are hereby advised that your fail- ure to appear in court without good cause shown may result in a finding that you have waived your legal rights and are deemed to have admitted the alle- gations in the Motion. In addition, if you fail to appear in court without good cause shown, the hearing may go for- ward in your absence and may result in the establishment of a permanent guardianship based upon the record and the evidence presented to the court. 4. In the event that you personally ap- pear and contest the allegations, the Court shall set a date for the trial on the permanent guardianship. 5. If you are receiving this Notice by publication, you may obtain a copy of the Motion for Appointment of Perma- nent Guardian of a Minor by submitting a written request to: CATHLEEN LINN, Office of the Attorney General, 3939 South Park Avenue, Suite 180, Tucson; Arizona-85714. The assigned case manager is Don Hauser and may be reached by telephone at 721-3097. 6. Requests for reasonable accommo- dations 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 by call- ing (520)740-2000. RESPECTFULLY SUBMITTED this _ day of February, 2010. TERRY GODDARD Attorney General CATH- LEEN LINN Assistant Attorney General PUBLISH: The Daily Territorial March 5, 12, 19, 26, 2010 hrromero rm NOTICE OF. HEARING ARIZONA SUPERIOR COURT, PIMA COUNTY In the Matter of THE HENDERSON REVOCABLE TRUST dated 13 June 1979 No. PB 2010 0104 NOTICE OF HEARING ON PETITION TO CON- FIRM APPOINTMENT AS TRUSTEE OF TRUST NOTICE IS GIVEN that MICHAEL W. MURRAY has filed with the above -named Court a Petition to Con- firm Appointment as Trustee of Trust. Hearing has been set to consider the Petition on the 25TH day of March, 2010, at 10:00 a.m., before The Honor- able Julia Connors, Commissioner of the Superior Court, at the Pima County Courts Building, 110 W. Congress Street, Tucson, Arizona. DATED this 2nd day of March, 2010. /s/ MICHAEL W. MURRAY 257 N. Stone Avenue Tucson, Arizona 85701 PUBLISH: The Daily Territorial March 5, 12,19, 2010 hrhenderson do NOTICE OF HEARING Rosa Mendez 1252 S. Craycroft F-203 Tucson AZ 85711 ARIZONA SUPERIOR COURT, PIMA COUNTY In the Matter of: Sergio GodoyA-1-01 Alexis Godoy 5-22-03 Francisco Godoy 4-15-04 Guardianship X Minor Case Number: GC 2010 0026 NOTICE OF HEARING MOTICE-IS GIVEN that the Court will consider the Appointment of guardian of Minor on April 13, 201Oat the hour of 10:30 am o'clock, at the Pima County Court Building; 110 W. Congress, Tucson, Arizona. DATED: 2-'16-10/s/ Petitioner YOU ARE RESPONSIBLE FOR PROTECTING YOUR INTERESTS. This matter may not be independently investigated or verified by the court. If you object to any part of the petition, you must file a written objection with the court describing the legal basis for your objection. Failure to file a written objec- tion may jeopardize your interests. Without your written objection, you should expect the requested relief will be granted. If you question any other action of the fiduciary, file an appropri- ate written petition or motion with the court. This is a legal matter. If you have questions, seek legal advice from an at- torney. You have the right to represent yourself. If you represent yourself you must correctly follow court procedures. FILED PATRICIA A. NOLAND CLERK SUPERIOR COURT 10 FEB 16 AM 10:48 BY: R. MURRAY, DEPUTY PUBLISH: The Dally Territorial March 5, 12, 19, 2010 hrgodoy rm Notice Of Hearing On Petition For Adjudication Of Intes- tacy, Determination. Of Heirs And Ap- pointment Of Personal Representative/Ruth Block Spitzer Rednour Law Offices, PLLC By; Carrie L. Rednour 177 N. Church Ave., Suite 200 Tucson, AZ 85701 Telephone: (520) 628-7777 Arizona Bar No. 021286 Pima County Attorney No. 65515 Attor- ney for Petitioner In The Superior Court bf The State Of Arizona In And Fpr The County Of Pima In Re the Estate of: Ruth Block Spitzer Decedent. No. PB 20100075 Notice Hearing On _Petition For Adjudication Of Intestacy, Determi- nation Of Heirs And Appointment Of Personal Representative Notice Is Hereby Given that Jo Ann Spitzer has filed with the above referenced Court a Petition for Adjudication of Intestacy, Determination of Heirs and Appointment of Personal Representative. A hearing has been set to consider said Petition on March 25, 2010, at the hour of 9:30 a.m. before the HonorableJulia Con- nors, Pima County Superior Court, 110 West Congress St., Tucson, AZ 85701. Dated: Feb 24, 2010. Rednour Law Of- fices, PLLC By: /s/ Carrie L. Rednour This Is A Legal Notice; Your Rights May Be Affected. Este Es Un Aviso Legal. Sus Derechos Podrian Ser Afectados.If you object to any part of the petition or motion that accompanies this notice, you must file with the'Court a written objection describing the legal basis for your objection at least three days before the hearing date or you must appear in person or through an attorney, at the time and place set forth in the notice of hearing. PUBLISH: The Daily Territorial March 5,12,19, 2010 hrspitzer rm NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE -OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the Matter of SEEBURGER, KAITLIN dob 0120/98 BEHRENS, AYTUMN dob 04/18/05 BEHRENS, KIERA dob 0422/06 Person(s) under the age of 18 years No. J181326 SUPP ADES'S CI- TATION NOTICE OF HEARING (Publi- cation) Judge Escher TO: Suasan Behrens Address unknown Raymond Behrens Address Unknown Edward Canett (Alleged father of Kait- lin) Address unknown The Arizona Department of Economic Security has filed a Dependency Peti- tion in the above -entitled cause alleging the above -named child to be dependent within the meaning of A.R.S. §8-201, et seg., as amended. - , YOU ARE HEREBY NOTIFIED that a publication hearing on the Petition is set for the 31 st day of March, 2010, at 8:50 A.M., in the courtroom of this Court lo- cated at 2225 East Ajo Way, Tucson, Arizona. You may appear at the hearing and be represented by counsel. The Court will appoint counsel upon a showing of lack of financial ability to retain your own counsel. - . Warning: Your failure to appear at these hearings and to actively par- ticipate In these court proceedings and in the case plan may result In the child being adjudicated dependent with continued commitment to the care, custody and control of the Ari- zona Department of Economic Secu- rity and could result in further pro- ceedings for permanent guardian- ship pursuant to A.R.S. §§8-871 and 8-872 or termination of your parental rights pursuant to A.R.S. §§8-862(D), 8-863 and B-533, et seq. The above -named individual(s) may ob- tain a copy of the Dependency Petition, Notice of Dependency Hearing, and Temporary Order by submitting a writ- ten request to: JASON D. CORLEY, Office of the Attorney General, 3939 South Park Avenue, Suite 180, Tucson, Arizona 85714. The assigned case manager is Lisa Hamilton and may be reached by telephone at (520)243-6409. A request for reasonable accommoda- tion 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 Deputy Clerk GIVEN UNDER MY HAND AND SEAL this _ day of February, 2010. PUBLISH: The Daily Territorial Feb. 19, 26, March 5, 12, 2010 hrseeburger/181326 rm NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA In the Matter of KELLER, BABY BOY dob 01/02/10 Person(s) under the age of 18 years No. J170748 ADES'S CITA- TION NOTICE OF HEARING (Publica- tion) Judge Campoy ' TO: Regina Keller Address Unknown John Doe (alleged Father) Address un- known The Arizona Department of Economic Security has filed a Dependency Peti- tion in the above -entitled cause alleging the above -named child to be dependent within the meaning of A.R.S. §8-201, e2 M., as amended. YOU ARE HEREBY NOTIFIED that a publication hearing on the Petition is set for the 17th day of March, 2010, at 8:45 A.M., in the courtroom of this Court lo- cated at 2225 East Ajo Way, Tucson, Arizona. You may appear at the hearing and be represented by counsel. The Court will appoint counsel upon a showing of lack of financial ability to retain your own counsel. Warning: Your failure to appear at these hearings and to actively par- ticipate In these court proceedings and in the case plan may result In the child being adjudicated dependent with continued commitment to the care, custody and control of the Ari- zona Department of Economic Secu- rity and could result In further pro- ceedings for permanent guardian- ship pursuant to A.R.S. §§8-871 and 8-872 or termination of your parental rights pursuant to A'R.S. §§8-862(D), 8-863 and 6-533, et seq. The above -named individual(s) may ob- tain a copy of the Dependency Petition, Notice cf Dependency Hearing, and Temporary Order by submitting a writ- ten request to: KAREN frt. HAYDEN, Office of -the Attorney General, 3939 www.azbiz.com South Park Avenue, Suite 180, Tucson, Arizona 85714. The assigned case manager is Tom Wooten and may be reached by telephone at (520)887-7577.. A request for reasonable accommoda- tion 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 Deputy Clerk GIVEN UNDER MY HAND AND SEAL this _day of February, 2010. PUBLISH: The Daily Territorial Feb. 12, 19, 26, March 5, 2010 hrkeller/170748 rm_ NOTICE OF HEARING Loretha Henson 1_2543 N. Flintlock Rd. Marana. AZ 85653 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA JUVENILE COURT In the Matter of: Michael Cory Henson 416196 Case Number: 3193517 CITA- TION NOTICE OF HEARING TO: Ruby Lea Rogers (Henson) The Petitioner has filed a Petition to Termi- nate Parent -Child Relationship in the above -entitled cause requesting the court to terminate your parental rights to the above named child(ren), pursuant to A.R.S. §8-533 as amended. YOU ARE. HEREBY NOTIFIED that an initial hear- ing on the Petition.is set for April 22, 20110 at 9:30 a.m., in the courtroom of - this Court located at 2225 East Ajo Way, Tucson, Arizona before the Hon- orable Joan Wagener. You may appear at the hearing and be represented by counsel. The Court will appoint counsel upon a showing of lack of financial abil- ity to retain your own counsel. You are hereby advised that your failure to per, sonaily appear in court at the initial hearing, the pre-trial conference, the status conference or the termination ad- judication 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 ap- pear in court without good cause shown, the hearings may go forward in your absence and may result in a termi- nation of your "parental rights based upon the record and the evidence pre- sented to the court. A request for rea- sonable accommodation for persons with disabilities must be made to the Court by parties at least three (3) work- ing days in advance of a scheduled court proceeding and can be made by --calling (520) 740-2900. ^ATRICIA A. NOLAND, Clerk /s/ Deputy Clerk GIVEN UNDER MY HAND AND SEAL this 8th day of February; 2010. SUPE- .RIOR COURT SEAL PUBLISH: The Daily Territorial Feb. 12, 19, 26, March 5, 2010 hrhensotV193517 rm PUBLIC NOTICE - If you were a client of'the Tucson City Public Defender's Office in 2004, and would like a copy of your legal file, you must request it by no later than March 31 2010. The Tucson City Public De- fender's Office will be shredding its 2004 client files on March 5, 2010. PUBLISH: The Dally Territorial February 19, 23, 26, March 2, 5, 2010 pnlega12004 rm PUBLIC NOTICE IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PINIA IN RE THE MARRIAGE OF: DOMINKO' BRNJIC,. Petitioner, vs. DONNA BRNJIC, ,Respondent. NO. D-2005 • ,!LEGAL NOTICESMARCA 1, 10io 17 PHONE 816-421-0007 FAX 816-472-1638 ACCEPTANCE OF APPOINTMENT BY STATUTORY AGENT - The undersigned hereby acknowledges and accepts the appointment as statu- tory agent of this corporation effective this _ day of _. Sean Prewitt. Asst. Secretary Regis. tered Agent Solutions. Inc. [If signing on behalf of a company serving as statutory agent, print company name here] AZ CORPORATION COMMISION FILED JAN 29 2010 FILE NO. F-1580450-0 PUBLISH: The Daily Territorial March 3, 4, 5, 2010 aibart's rm NOTICE (for publication) ARTICLES OF ORGANIZATION HAVE BEEN FILED IN THE OFFICE OF THE ARIZONA CORPORATION COMMISSION FOR I. Name: WILD WEST CLIMBING LLC L-1576266-0 II. The address of the known place of business is: 13330 West Twin Peaks Road Marana AZ 85653 III. The name and street address of the Statutory Agent is: Brooke Brunner 13330 West Twin Peaks Road Marano AZ 85653 B. [X] Management of the limited liability company is reserved to the members. The names and ad- dresses of each person who is a mem- ber are: Lawrence Wade Purswell 13330 West Twin Peaks Road Marana AZ 85653 [x] member PUBLISH: The Daily Territorial March 3, 4, 5, 2010 alwild do ARTICLES OF INCORPORATION OF GLENN-VERDE HOUSING . INC. We, the undersigned, have this day as- sociated ourselves together for the pur- pose of forming a nonprofit corporation under the laws of the state of Arizona and do hereby adopt these Articles of In_corporaGon.' ARTICLE I The name of the corporation shall be Glenn -Verde Housing,lnc. ARTICLE II The principal place of business shall be 504 W. 29th Street, Tucson, Pima County, Arizona 85713. ARTICLE III This corporation is organized exclu- sively for the promotion of social wel- fare, including the fostering of low•in- come housing, for charitable, religious, educational and scientific purposes, in- cluding for such purposes the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) or (4) of the Internal Revenue code of 1954 or the corresponding sec- tion of any future federal tax code. The corporation's initial business is to foster low-income housing and to own, develop, rent, manage and operate af- fordable housing. The corporation is authorized to transact any and all lawful business for which nonprofit corpora- tions may be incorporated under the laws of the State of Arizona, as they may be amended from time to time. ARTICLE IV No part of the net earnings of the corpo- ration shall inure to the benefit of or be distributable to its members, directors, trustees, officers or other private per- sons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the pur- poses set forth in Article III. No sub- stantial part of the activities of the cor. poration shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the corpora- tion shall not participate or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public of- fice. Notwithstanding any other provi- sion of these Articles to the contrary, the corporation shall not carry on any other activities not permitted to be car- ried on. (a) by a corporation exempt from federal income tax by application of Section 501(c)(3) or (4) of ,the Inter- nal Revenue Code, or the correspond- ing section of any future federal tax code, or (b) by a corporation, contribu- tions to which are deductible under Sec- tion 170(c)(2) of the Internal Revenue Code, or the corresponding of any fu- ture federal tax code. In the event the Board of Directors has recommended and the sole member has approved the dissolution of the cor- poration, the Board of Directors„ after paying or making provision for the pay- ment of all of the liabilities and obliga- tions of the corporation, shall distribute all of the assets of the corporation for one or more exempt purposes within the meaning of section 503(c)(3) or (4) of the Internal Revenue Code, or the corresponding section or any future fed- eral tax code, or shall be distributed to the federal government, including the U.S. Department of Housing and Urban Development; or to a state or local gov- ernment, for a public purpose. Any such assets not so disposed of shall be disposed of by a court of competent ju- risdiction of the county in which the prin- cipal office of the corporation is then lo- cated, exclusively for such purposes or to such organization or organizations as such court shall determine, that are or- ganized and operated exclusively for such purposes. ARTICLE VI The name and address of the statutory agent of the corporation is: Joe F. Tarver 4710 N. Caida Place Tuc- son, Arizona 85718 ARTICLE VII The sole voting member of the corpora- tion shall be La Frontera Partners, Inc., an Arizona nonprofit corporation. - La Frontera Partners, Inc., shall act by executing and delivering to the Board Chair a written instrument that sets forth the action taken and the applicable cor- porate authorizations and directions from the Board of Directors of La Frontera Partners, Inc. The action of La Frontera Partners, Inc., shall be deemed to have been taken on the dates the written instruments are so de- livered unless the instruments provide otherwise. In addition to such other rights and obli- gations as the sole member tinder Ari- zona law, La Frontera Partners, Inc., shall have the following responsibilities: (A) Electing the directors of the corpora- tion. (B) Removing a director of the corpora- tion at any time, with or without cause. (C) Approving the appointment of the President and Chief Executive Officer of the corporation. (D) Approving all amendments to the corporation's Articles of Incorporation and By-laws before they shall become. effective. (E) Approving the acquisition or creation of all wholly owned or controlled corpo- rations and, all mergers involving the corporation. (F) Approving the capital and operating budgets of the corporation, the disposi- tion of assets and all non -budgeted ex- penditures and non -budgeted loans in accordance with the requirements es- tablished from time to time by La Frontera Center, Inc. ARTICLE VIII The corporation shail_be governed by a Board of Directors. The Board of Direc- tors of the corporation shall consist of no less than three (3) individuals. The exact number of Directors- and the length of their terms shall be set forth in the corporation's Bylaws. The names and addresses of the per- sons who shall serve as Directors until the first annual meefing,of Directors or until their successors are elected and qualified are; Patrick O'Hagin 504 W. 29th Street Tuc- son, Arizona 85713 Lois Bloom 504 W. 29th Street Tucson, Arizona 85713 Kevin Heath 504 W. 29th Street Tuc- son, Arizona 85713 Frank Valenzuela 504 W. 29th Street Tucson, Arizona 85713 Maria Elena McElroy 504 W. 29th Street Tucson, Arizona 85713 ARTICLE IX The Directors and their personal prop- erty shall not be liable for the debts; ob- ligations or liabilities of the corporation. The personal liability of the Directors to the corporation or its member for mone- tary damages for breach of fiduciary duty as a Director is eliminated to the fullest extent permitted by applicable law., " ARTICLE X The incorporator of the corporation is: Joe F. Tarver 4710 N. Caida Place Tuc- son, Arizona 85718 Dated this 8th day of February, 2010. &IJOE F. TARVER, Incorporator ' CONSENT OF STATUTORY AGENT I, JOE F. TARVER, having been desig- nated to act as statutory agent for GLENN-VERDE HOUSING, INC., an Arizona nonprofit corporation, hereby consent to act in that capacity until re- moval or resignation is submitted in ac- cordance with the Arizona Revised Stat- utes. (Ll JOE F. TARVER AZ CORPORA- TION COMMISSION FILED FEB 17 2010 FILE NO.-1583388-1 PUBLISH: The Daily Territorial March 3, 4, 5, 2010 aiglenn rm ARTICLES OF INCORPORATION OF Pursuant to A.R.S.§10-202 (An Arizona Business Corporation) 1. Name: The name of the Corporation is LUCIDA CORPORATION 2. Initial Business: The Corporation ink tally intends to conduct the business of ALL LAWFUL REAL ESTATE ACTIVI- It.€S ' 3. Authorized Capital: The Corporation shall have authority to issue 5.000 shares of Common Stock. 4. Known Place of Business: (In Ari- zona) The street address of the known place of business of the Corporation is: 4711 E CALLE ELEGANTE TUCSON AZ 85718 5. Statutory Agent (In Arizona) The name and address of the statutory agent of the Corporation is:. MAGID ROMANO 4711 E CALLE ELEGANTE TUCSON AZ 85718 6. Board of Directors: The initial board of directors shall consist of 1 director(s). The name(s) and address(es) of the person(s) who is(are) to serve as the di- rector(s) until the first annual meeting of shareholders or until his(her)(their) suc- cessor(s) is(are) elected and qualifies is(are): MAGDA ROMANO 4711 E CALLE ELEGANTE TUCSON AZ 85718 The number of persons to serve on the board of directors thereafter shall be fixed by the Bylaws. 7. Incorporators: The name(s) and ad- dresses) of the incorporator(s) is (are): MAGDA ROMANO 4711 E CALLE ELEGANTE TUCSON AZ 85718 All powers, duties and responslbiil- ties of the Incorporators shall cease at the time of delivery of these Arti, Iles of Incorporation to the Arizona Corporation Commission. 8. Indemnification of Officers. Directors. Employees and Agents: The Corpora- tion shall Indemnify any person who in- curs expenses or liabilities by reason of the fact he or she is or was an officer, director, employee or agent of the Cor- poration or is or was serving at the re- quest of the Corporation as a director, officer," employee or agent of another Corporation, partnership, joint venture, trust or other enterprise. This indemnifi- cation shall be mandatory in all circum- stances in which indemnification is per- mitted by law. 9. Limitation of Liability: To the fullest extent permitted by the Arizona Revised Statutes, as the same exists or may hereafter be amended, a director of the Corporation shall not be liable to the Corporation or its stockholders for monetary damages for any action taken or any failure to take any action as a di- rector. No repeal, amendment or modifi- cation of this article, whether direct or indirect, shall eliminate or reduce its ef- fect with respect to any act or omission of a director of the Corporation occur- ring prior to such repeal, amendment or modification. Executed this 11th day of FEBRUARY. 20D by all of the incorporators. MAGDA F ROMANO PHONE OM 299-5292 FAX 520-529-3519 Acceptance of Appointment By Statutory Agent The undersigned hereby acknowledges and accepts the appointment as statu- tory agent of the above -named corpora- tion effective This 11itt day of FEBRU- ARY,29_1Q.WMAGDA F. ROMANO AZ CORPORATION COMMISSION FILED FEB 16 2010 FILE NO. -1579515-9 PUBLISH: The Daily Territorial March 4, 5, 8, 2010 ailucida do ARTICLES OF MERGER MERGER OF INFRARED LABORATORIES INCORPORATED, AN ARIZONA CORPORATION, WITH AND INTO INFRARED LABORATORIES INCORPORATED,A DELAWARE CORPORATION December 12, 2009 Pursuant to Section 10-1105 of the Ari- zona Revised Statutes, Infrared Labora- tories Incorporated, a Delaware corpo- ration ("IRL-Delaware"), hereby adopts the following Articles of Merger.("Arti- cles") with regard to the merger ("Merger") of Infrared Laboratories In- corporated, an Arizona corporation ("IRL-Arizona"), with and into IRL-Dela- ware: 1. The agreement and plan of Merger containing the Information described in Section 10-1101 (B) of the Arizona Re- vised Statutes ("Plan of Merger") is at- tached to these Articles as Exhibit A, and is incorporated by this reference, for delivery to and filing with the Arizona Corporation Commission ("Commis- sion"). 2. The corporations that were parties to the Merger are IRL-Delaware, which is the surviving corporation, and IRL-Ari- zona, which has been merged with and into IRL-Delaware. 3. The name and address of the known place of business of IRL-Delaware in Delaware is One Commerce Center, 1201 Orange Street, Suite 600, Wil- mington, County of New Castle, Dela- ware 19899. 4. The name and address of the statll.tory agent of IRL-Delaware in Delaware is Incorp Services, Inc., One Commerce Center, 1201 Orange Street, Suite 600, Wilmington, County of New Castle, Delaware 19899. 5. The designation, number of outstand- ing shares, and number of votes entitled to be cast by each voting group entitled 'to vote separately on the Plan of Merger, as to each of IRL- Delaware and IRL-Arizona, are as follows: Name of Corporation IRL-Arizona Des- ignation of Class or Series Common Stock, $1.00 par value per share No. of Shares Outstanding 14,000 No. of Votes Entitled to be Cast 14,000 Shareholder approval was not required for IRL-Delaware, as it had issued no shares at the time the Merger was ap- proved by' its board. 6,- The total number of votes cast for and against the Plan of Merger by each voting group entitled to vote separately, on the Plan of Merger are as follows: Name of Corporation IRL-Arizona Des- ignation of Class or Series Common Stock, $1.00 par val ue per share No. of Votes For the Plan of Merger 14,000 No. of Votes Against the Plan of Merger 0 No shareholders ofIRL-:Delaware were entitled to vote on the Plan of Merger, as IRL-Delaware had issued no shares at the time the Merger was approved by its board. IN WITNESS WHEREOF, these Articles have been executed as of the date first written above for delivery to and filing with the Commission. INFRARED LABORATORIES INCORPORATED, a Delaware corporation By: W David Dozor Chief Executive Of- ficer EXHIBIT A TO ARTICLES OF MERGER AGREEMENT AND PLAN OF MERGER AGREEMENT AND PLAN OF MERGER MERGING INFRARED LABORATORIES INCORPORATED, AN ARIZONA CORPORATION, WITH AND INTO INFRARED LABORATORIES INCORPORATED, A DELAWARE CORPORATION December 12, 2009 This Agreement and Plan of Merger has been prepared in accordance with the requirements of the Arizona Business Corporation Act and the Delaware Gen- eral Corporation Law. J. The Merger; the Surviving Corpo- ration. Infrared Laboratories Incorpo- rated, an Arizona corporation ("IRL-Ari- zona"), shall be merged (the "Merger") with and into Infrared Laboratories In- corporated, a Delaware corporation ("IRL-Delaware"). IRL-Delaware shall be the sole surviving corporation after completion of the Merger. - 2. Certain Rights and Obligations. The Merger shall be effective as of the close of business on December 31, 2009, unless and except to the extent that such effective date may be delayed in accordance with applicable law, in which case, the Merger shall become effective as soon thereafter as permit- ted by law (the "Effective Date"). On the Effective Date, IRL Delaware shall pos- sess and be subject to an the combined rights," privileges, powers, franchises, property (real, personal, and mixed), restrictions, disabilities, duties, and debts ofIRL-Ari- zona and IRL-Delaware. 3. Certificate of Incorporation; Offi- cers and Directors. The Certificate of Incorporation ofIRL-Delaware that is in effect immediately prior to the Effective Date shall be the Certificate of Incorpo- ration of IRL-Delaware as of and after the Effective Date. The officers and di- rectors of IRL-Delaware immediately prior to the Effective Date shall be the officers and directors ofIRL-Delaware as of and after the Effective Date. 4. Exchange of Shares. As of the Ef- fective Date, all issued and outstanding shares of the Common Stock ofIRL-Ari- zone shall be deemed cancelled and each issued and outstanding share of IRL-Arizona Common Stock shall be ex- changed for one share of the Common" Stock of IRL-Delaware. The treasury stock of IRL-Arizona shall be cancelled. 5. Adoption of Agreement and Plan of Merger. This Agreenlent and Plan of Merger was adopted and approved by the Board of Directors ofIRL-Arizona at a Special Meeting on December 6,2009, and by the Boanj of Directors of IRL-Delaware at a Special Meeting on December 6, 2009. INFRARED LABORATORIES INCOR- PORATED, an Arizona corporation By: [VI Name: David Dozor Title: Chief Ex- ecutive Officer INFRARED LABORA- TORIES INCORPORATED, a Delaware corporation By: 1�/ Name: David Dozor Title: Chief Executive Officer AZ COR- PORATION COMMISSION FILED JA_N 22 2010 FILE NO. 0867394 5 PUBLISH: Thp Daily Territorial March 3, 4, 5, 2010 aiinfrared rm 41 Notice To Creditors Robert Ralph Rook Revocable Living Trust Agreement Vllarreal Law Office P.C., Susan C. Villarreal, 5405 North Oracle Road, Suite 101, Tucson, Ari- zona 85719-2032, Telephone: 520-784-0604, Facsimile: 520-784-0606, SBN: 014083 PCCN: 65425 Attorney for Successor Trustee Superior Court Of Arizona, Pima County In the Matter of the Robert Ralph Rook Revocable Living Trust Agreement Dated June 25, 1997, Amended March 17, 2009 Notice To Creditors Notice Is Hereby Given that Robert Ralph Rook, Trustor and original Trustee of the Rob- ert Ralph Rook Revocable Living Trust Agreement, dated June 26, 1997, amended on March 17, 2009 died on or about February 2, 2010. Linda 1. Miller and Kathleen J. Settlemire succeeded as Successor Trustees on February 2, 2010. All persons having claims against the trust estate, are required to present their claims within the time prescribed in A.R.S. § 14-6103 (4 months) after the date of publication of this notice of the claims will be forever -barred. Claims must be presented in writing to Linda I. Miller and Kathleen J. Settlemire, Suc- cessor Trustees in care of: Villarreal Law Office, P.C., 5405 North Oracle Road, Suite 101, Tucson, Arizona 85704. Dated this 17 day of February, 2010. Linda I. Miller and Kathleen J. Settlemire, Successor Trustees Robert Ralph Rook Revocable Living Trust By /s/ Susan C. Villarreal, Attorney for Suc- cessor Trustee. PUBLISH: The Daily Territorial March 5, 12,19, 2010 crrook ns NOTICE TO CREDITORS SUPERIOR COURT OF ARIZONA, PIMA COUNTY In the Matter of the Estate of PERRY EDWARD BYRNES, DOB: 06/26/1918 Deceased. CASE NO. P820091105 NOTICE TO CREDITORS (For Publi- cation) NOTICE IS HEREBY GIVEN that the undersigned has been appointed Per- sonal Representative of this estate. All persons having claims against the es- tate are required to present their claims within four months after the date of the first publication of this notice or the claims will be forever barred. Claims must be presented to the undersigned Personal Representative c/o Aaron & Rogers, P.C. , Attorney at Law, 6700 N. Oracle Road Suite 242. Tucson, Ari- zona 85704. DATED: March 2, 2010 Michael Aaron Attorney for Personal Representative PUBLISH: The Daily Territorial March 5,12,19, 2010 crbyrnes do Notice To Creditors Ronald Lee Cole Wood Law Firm, PLLC, 2200 E. River Rd., Ste. 107, Tuc- son, Arizona 85718, (520) 797-1011, Henry H. Wood, ASB 19372/PAN 65366, noticeQwoodlegal.com, Attor- ney for Personal Representative In The Superior Court Of The State Of Arizona In And For The County,Of Pima In the Matter of the Estate of: Ronald Lee Cole DOB 08/16/1944 Deceased. No. NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 21.6.H of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Sec. 9-462.06, NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, March 23, 2010 commencing at or af- ter 3:00 p.m. The meeting will be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject mat- ter will be as further described below: OV10-10-02: Holton Design Assocl- ates. LLC. representing Panda Ex- press requests a variance from the Oro Valley Zoning Code Revised sec- tions 27.6.C.3 5' landscaping screen. 27.6.C.3.d 10'landscape screen and 25.1.A.S.b.l Interconnection between buildings. Subject: (parcel #225-51-2160) located at 7848 N. Ora- cle Road, Oro Valley, AM 85704. Site plans are available for review dur- ing normal business hours at the Oro Valley Town Hall, Development Service Center. Persons interested may appear in person, by agent or attorney, and the petitioners must appear or be repre- sented. Any person seeking further in- formation on this request for a variance may contact Patty Hayes at 229-4819 or e-mail: phayes@orovalleyaz.gov. REO: Paul R. Popelka, RLA/AICP Acting Planning and Zoning Director PUBLISH: The Daily Territorial March 5,2010 hr101002 ns NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 21.6.14 of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Sec. 9-462.06, NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, March 23, 2010 commencing at or after 3:00 p.m. The meeting will be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: OV10-10-02: Holton Design Associates, LLC. representing Panda Express requests a variance from the Oro Valley Zoning Code Revised sections 27.6.C.3 5' landscaping screen, 27.6.C.3.d 10' landscape screen, 25.1.A.5.b.i interconnection between buildings. Subiect: (parcel #225-51-2160) located at 7848 N. Oracle Road, Oro Valley, AZ, 85704. Site plans are available for review during normal business hours at the Oro Valley Town Hall, Development Service Center. Persons interested may appear in person, by agent or attorney, and the petitioners must appear or be represented. Any person seeking further information on this request for a variance may contact Patty Hayes at 229-4819 or e-mail: phayes@orovalleyaz.gov. LI REQ: Paul R. Popelka, RLA/AICP Acting Planning and Zoning Director Posted: 3-2-2010 Time: 4:15 p.m. By: sg AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION MARCH 23, 2010 Oro Valley Town Hall Council Chambers 11,000 N. La Canada Drive CALL TO ORDER: at or after 3:00 p.m. ROLL CALL MINUTES: Approval of the Minutes of October 27, 2009, Regular Session. AT THE CALL OF THE CHAIR, THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED APPROPRIATE. PUBLIC HEARINGS: I.CASE NO: OV10-10-02, Holton Design Associates, LLC, representing Panda Express requests a variance from the Oro Valley Zoning Code Revised sections 27.6.C.3.a, 5' landscape screen, 27.6.C.3.d, 10' landscape screen and 25.1.A.5.b.i, interconnection between buildings. Subject parcel (#225-51-2160) is located on the southeast corner of Oracle Road and Magee Road in the Escondido Plaza at 7848 N Oracle Road, Oro Valley, AZ, 85704. ADJOURNMENT A packet of agenda materials, as listed above, is available for public inspection at least 24 hours prior to the BOA meeting in the Town Hall Administration Building, during regular business hours. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If a disabled person planning to attend this meeting requires any special accommodations, please notify the Town Clerk at 229- 4700. NOTICE TO SPEAKERS Members of the public have the right to speak during any posted public hearing; however, those items not listed as a public hearing are for consideration and action by the Board during the course of its business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Board on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Clerk of the Board. Please indicate on the speaker card which item number and topic you wish to speak on. Please step forward to the podium when the Chair announces the item(s) on the agenda, which you are interested in addressing. "Notice of Possible Quorum of the Oro Valley Town Council: In accordance with Arizona Open Meeting Law ARS §38-431 et seq, a majority of the Town Council may attend the above referenced meeting as a member of the audience only." Posted: 03-18-10 3:00 p.m. cp ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV10-10-02 Hearing Date: Agenda Item No. Prepared By: REQUEST: March 23, 2010 1 Patty Hayes, Zoning Inspector Holton Design Associates, LLC., representing Panda Express requests a variance from the Oro Valley Zoning Code Revised sections 27.6.C.3.a, 5' landscape screen, 27.6.C.3.d 10' landscape screen and 25.1.A.5.b.i interconnection between buildings. Subject parcel (#225-51-2160) is located on the southeast corner of Oracle Road and Magee Road in the Escondido Plaza at 7848 N. Oracle Road, Oro Valley, AZ, 85704. REQUEST SPECIFICS: There is currently a Church's Chicken restaurant on lot 3 of the Escondido Plaza. Panda Express proposes to demolish the existing building and build a new restaurant. New construction is required to meet the requirements of the current Oro Valley Zoning Code Revised (OVZCR), specifically code requirements for drive -through restaurants. The applicant submitted for a pre -application meeting in December 2009. A pre -application meeting allows owners or lessees of properties to obtain valuable information from several Town departments prior to the formal development plan submittal process. During the pre -application process the following items were discovered to be noncompliant with current code: OVZCR 27.6.C.3.a requires drive -through windows and waiting/stacking lanes to be screened with a minimum 5' wide landscape screen with a minimum 36" height. The applicant proposes to reduce the landscaping from 3' to 2' in varied locations with a lattice of vines on a "green screen" at a maximum height of 30". OVZCR 27.6.C.3.d requires 10' of landscaping around all four sides of the building. The applicant proposes to reduce portions of the landscaping on three sides down to 3', 2' and 1'6" in various locations. OVZCR 25.1.A.5.b.i asks for building, parking, bicycle and recreational area interconnection between adjacent buildings when possible. The code states "where possible" and may not be required for all developments. The applicant states that interconnectivity cannot be achieved and would like to ensure this code section would not apply to this development. NOTIFICATION: All property owners within 300 feet of this property were notified of this hearing by mail. The property is posted with a notice of hearing, posted online at www.orovalleyaz. ov and was advertised in the Daily Territorial. At the time of this report preparation staff had received no comments in support or opposition for this case. EXISTING LAND USE AND ZONING: Subject property — Existing restaurant zoned C2 North — Chase Bank zoned C2 West - Across Oracle Road, Entrada De Oro shopping center zoned C2 East - Escondido Plaza shops and restaurants zoned C2 South — Auto repair shop zoned C2 SITE INFORMATION: This lot is located in the Escondido Plaza. The Escondido Plaza was recorded in Pima County in 1975. The Town of Oro Valley annexed the property in 2003. SUMMARY: Finding of Facts ■ The Pima County Assessors records show the existing restaurant was built in 1980. Pima County's development standards applied at time of construction. • The proposed restaurant use is a permitted use; however, the drive through is considered a "convenience use" per definition #86 in the Zoning Code. Convenience uses have additional development requirements per OVZCR 27.6.C.3. • The OVZCR section 29 allows non -conforming uses to continue until such time that 50% or more rebuilding is proposed. At that time compliance with current codes is required. • There is no landscaping around the current building. The proposed project includes new plantings. The Board of Adjustment should consider the following findings in making its decision for each variance request: A. There are special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district; and B. Special circumstances were not created by the owner or applicant; and C. The authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and D. Any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and E. The authorizing of the variance will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general. 2 SUGGESTED MOTIONS: The Board may wish to consider the following motions: I move to [approve, approve with conditions, or deny] OV 10-10-02 variance request for: 1. Proposed reduction of the required landscaping around the drive -through windows and waiting/stacking lanes as required in the OVZCR 27.6.C.3.a. I move to [approve, approve with conditions, or deny] OV 10-10-02 variance request for: 2. Proposed reduction of landscaping around all four sides of the building as required in the OVZCR 27.6.C.3.d. I move to [approve, approve with conditions, or deny] OV10-10-02 variance request for: 3. Relief from possible interconnectivity as called out in OVZCR 25.1.A.5.b.i. ATTACHMENTS: 1. BOA application and site plan 2. Variance location map 3. Aerial photo F:\OV\OV10\2010\10-09-02\ EPORT.doc Paul Popelka, RLA/AICP Acting Planning and Zoning Director K TOWN OF ORO VALLEY PLANNING & ZONING DIVISION 11,000 N. LA CANADA DRIVE, ORO VALLEY [ Q�FE Phone: (520) 229-4800 Fax: (520) 742-10VFEBn • " A www.orovalleyaz.gov 2 s zo,o BOARD OF ADJUSTMENT APPLICATIO Town of Oro Valley FOR: X Zoning Variance Note: Submittals are due by noon _ Zoning Interpretation _ Appeal of Administrative Decision CASE NO.: NATURE OF REQUEST: Request Variances for new Site Plan at 7848 N Oracle Road. Variance requested are indicated in attached Narrative. If necessary attached written narrative. APPLICANT: Hollon Design Associates, LLC (for Panda Express) PHONE: 480-897-7145 FAX: 480-897-7105 ADDRESS: 5801 S McClintock Drive, Suite 104 City Tempe State AZ Zip 85283 Email architects@hda-az.com OWNER: Panda Express ADDRESS: 1862 Walnut Grove Avenue City Rosemead State CA Zip 91770 PROPERTY LOCATION FOR VARIANCE REQUEST: 7848 N Oracle Road, Tucson, AZ PARCEL #: 225-51-2160 LEGAL DESCRIPTION: Lot 3 of Escondido Plaza, Book 27, Page 82 CURRENT ZONING: C-2 APPLICABLE FEE: $800.00 ATTACHMENTS: Narrative for Supplemental Questions for Application for a Variance SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE ".,;-e,Q Ward Hollon 2-22-10 Revised 11-20-08 1 SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE Please provide the following information addressing 1 — 5 in the Findings from Section 21.6 I of the Oro Valley Zoning Code Revised (OVZCR). In order to authorize a variance request, the Board will be searching for sufficient evidence in accordance with the findings. Please answer the questions below in a narrative format. 1. Are there special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district? 0 C 2. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? ❑■ 3. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? n n 4. If granted, will the variance impose such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located? 0 a a a1 U U (9J U U❑ 5. If granted, will the variance be the minimum necessary to afford relief and will not materially affect the health, safety, and welfare of the neighborhood or surrounding properties. 0 a a a a ❑ Revised 11-20-08 2 ADDITIONAL INFORMATION: 15 copies of the submitted application and narrative 15 copies of 1 lx17 dimensioned plot plan, if applicable 15 copies of 11x17 dimensioned floor plan, if applicable 15 copies of 11x17 building elevations, if applicable Highlight the area of the building or land which requires the variance. Any additional comments/information you wish to provide regarding your request. BOARD OF ADJUSTMENT APPLICATION FEES For applications or appeals involving construction of any nature, which require legal advertising and posting of property affected, the fees are, as follows: Variance or Appeal of Decision (1 item; 1 lot) Corporate Variance of Appeal of Decision (1 item; 1 lot) Individual Fees for each additional, simultaneous variance or appeal Revised 11-20-08 $600.00 $150.00 $100.00 3 HOLLON DESIGN ASSOCIA TES, LLC 5801 S McCLINTOCK DR, SUITE 104 TEMPE, ARIZONA 85283-6002 (480) 897-7145 FAX (480) 897-7105 EMAIL: architects@,hda-az.com February 18, 2010 Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 RE: Variance Request Panda Express 7848 N. Oracle Road Attention: Board of Adjustment Please accept this document in response to the requirement for Supplemental Questions for Applications for a Variance. Preliminary discussions regarding our project and a thorough studying of the zoning ordinance has revealed the need to request multiple variances for this project. It is apparent that Oro Valley annexed an aged shopping center built under Pima County zoning requirements. At the time of construction, Pima County had no requirements for landscape screening between buildings in a common district. In fact, there were little or no guidelines to allow for the beautification of a property through the use of landscape material or common pedestrian areas. Some parcels where minimized to the point that only enough space for the building and parking was provided. The parcel at 7848 N. Oracle Road is one of those very small parcels. The buildable area, exclusive of the 150 foot building setback only measures about 87 feet x 90 feet. Incorporating a proven restaurant prototype, along with the requirement to comply with the current zoning ordinance has been a challenge. However, the proposed site plan does address most of the zoning ordinance requirements. The restraints of the property have simply limited the amount of space available to achieve all that is required. Following is a brief description of the project and an itemized breakdown of each variance request. The existing Church's building is about 1,186 SF. Shared access with the adjacent shopping center is required to allow parking and vehicular access to the drive -through. Currently, there are fourteen parking spaces provided on site and the extent of the landscaping within the property is a single palm tree adjacent to the trash enclosure screen wall. Pima County issued the original permit for the construction of the Church's Chicken. Oro Valley annexed the property, and since, has considered it a legal non- conforming use due to the fact that it does not comply with many of the current zoning ordinance requirements. The proposed project consists of the construction of a Panda Express on the existing parcel currently occupied by Church's Chicken. Panda Express is intending to sublease the property from the Church's Chicken Franchisee. The Franchisee also has a lease in place with the Church's Chicken Corporation which has a lease with the current property owner. That being said, the ability to gain additional area of the site is not an option. The original site was platted in 1975, and is 12,040 SF in area. The intent of this project is to have the existing building removed and a new restaurant built that is suitable for a Panda Express. The site will be developed in an effort to meet most of the requirements of the zoning ordinance. However, since the parcel is so small, it will be difficult to fully comply with some of the requirements and variances will be needed to make this project work. Panda Express has created a site specific restaurant for this project. Typically, the footprint for a freestanding restaurant is 68 feet x 36 feet. They have designed a squarer footprint and reduced its size by almost 300 SF in an effort to comply with the bulk of the zoning requirements. Each of the variance requests below is accompanied with an overview that explains how the site will be developed in an effort to meet the intent of the zoning ordinance. 7848 N. Oracle Road Variance Request February 18, 2010 Page 2 of 4 Variance #1: Section 27.6.C.3.a Drive-thru windows and waiting/stacking lanes shall be screened with a 5' wide landscape screen... Overview. A 5 foot landscape screen area is required along the south, east and north sides of the building as the drive -through is oriented similar to the existing Church's Chicken. Because the site is so small the 5 foot landscape area cannot be achieved all on three sides. Along the south side, a 5 foot landscape area has been provided for all but a short distance. The width of the landscape area has been reduced to 2 feet along the east and then 3 feet is provided along the north. Shrubbery will be planted along the north and south while Greenscreen (a lattice frame used to concentrate vinery) will be used along the east. The height of the materials is required to be maintained at a height of 30 inches, as opposed to the 36 inches required by ordinance due to the requirements for Sight Visibility Triangles. Furthermore, upon consulting our Landscape Architect, when asked how he would approach landscaping an area 3 feet wide versus 5 feet, he stated that each width would be designed with the same amount of material. Therefore, the purpose of the ordinance, which is to screen the vehicles, can be accomplished within a slightly shallower area. Justification for Variance: 1. The small size of the parcel is the primary reason that the landscape areas cannot be provided in their entirety around the drive -through. The proposed building has been reduced in size to the greatest extent that will allow a Panda Express to operate a successful restaurant. Existing vehicular cross access coupled with the 150 foot building setback from the centerline of Oracle Road restricts the site from the west. 2. The existing parcel was platted some time ago, and therefore the restrictive nature of the site is neither the fault of the developer nor the current property owner. 3. Approval of this variance is paramount in order for the restaurant to be financially viable and is necessary in order to insure a boost in economic vitality for the surrounding center. 4. Approval of the variance does not offer any special privilege to the restaurant as we will not be granted any forgiveness in the ordinance but only a slight reduction in the requirements. Amenities are being provided that will be an enhancement on the existing conditions, albeit at a reduced requirement. 5. This site has been utilized to the greatest extent possible. The building has been reduced in size and the landscaping areas for the drive -through have been maximized. The neighborhood will not be adversely affected by any concessions made for this development. Request: The tenant would like to reduce the 5' wide landscape screen on the east side of the drive through to 2'-0", to reduce the 5' wide landscape screen to 3'-0" along the north side of the drive - through, and to allow a reduction of the 5' wide landscape screen to 3'-0" only at the curve of the south side of the drive through. Variance #2: Section 27.6.C.3.d- All buildings, whether freestanding or part of a larger center, shall have a minimum 10 foot landscape area on all four sides of the building... Overview. The request for this variance is hinged on the same restrictions discussed in the request for Variance #1. The site constraints make it difficult to comply with the ordinance completely, but an attempt has been made to maximize the landscape area around the building. Staff had indicated that the landscape area for the drive -through can be combined with the landscape area. With that in mind, 10 feet 6 inches of landscape area is provided along the south side of the building. Only 6 feet is provided along the west and a minimum of 10 feet is provided along the north. However, in the area of the drive -though window, the building is pulled out 7 feet, thus reducing the landscape area, but then west of the drive -through exit, the landscape area expands to an excess of 20 feet. Along the west of the building a pedestrian courtyard is provided, which offers a landscape area over 23 feet in depth. Where parking is provided, the area is reduced to approximately 8 feet at the northern most stall, but quickly expands to over 13 feet at the southern most stall. Much of the area west of the 7848 N. Oracle Road Variance Request February 18, 2010 Page 3 of 4 building is paved for pedestrian circulation, but landscape material has been provided adjacent to the building, when space permits. Justification for Variance: 1. The size of the parcel is the primary reason that the required 10 foot landscape area around the four sides of the building cannot be provided in their entirety. 2. The existing parcel was platted some time ago, and therefore the restrictive nature of the site is neither the fault of the developer nor the current property owner. 3. Approval of this variance is paramount in order for the restaurant to be financially viable and is necessary in order to insure a boost in economic vitality for the surrounding center. 4. Approval of the variance does not offer any special privilege to the restaurant as we are not be granted any forgiveness in the ordinance but only a slight reduction in the requirements. The amenities are being provided which will be an enhancement on the existing conditions, albeit in a reduced requirement. 5. This site has been maximized to the greatest extent. The restaurant has been reduced and the landscaping areas for the drive -through have been maximized. The neighborhood will not be adversely affected by any concessions made for this development. Request: The tenant would like to reduce the required landscape area on the east side of the building from 10' to 5'-0". The tenant would also like to reduce the required landscape area on the north side of the building from 10' to 7'-0" for a small portion of the building, and reduce the required landscape area on the west of the building from 10' to 8'-0" for a small portion, only at the parking. Variance #3 (if required): Section 25.1.A.5.b.i- Where possible, interconnect all buildings, parking areas, bicycle parking, recreational areas, common outdoor areas and amenities. Commentary: The ordinance starts by stating "Where possible, interconnect all buildings..." and after researching possible routes the buildings within the shopping center, it has been determined that an ADA accessible route cannot be constructed to either adjacent building. Therefore, since it is not possible, Variance #3 should not be required. However, in the event that it is required, the following explanation is provided. Overview: This section of the ordinance requires buildings to be interconnected throughout a shopping center such as the center that envelops the project parcel. This property was developed without much consideration for cross access between the parcels located along the right-of-way. The site has significant slope from the building to the right-of-way, and it is surrounded by vehicular access lanes. To the south of the property is the main entrance to the shopping center from Oracle Road, and the buildings on the other side of the drive are the closest to which a interconnection would be possible. It has been determined that providing cross access to the buildings to the south would be less than desirable. With traffic lanes around the entire building as well as a drive -through queuing lane around three sides of the building, there is no real convenient point to offer access to the neighboring buildings. Any pedestrians would be forced to walk around the building, across a drive -though, across two parking access lanes (one being the main entrance) to an existing building that has no ADA access from the parking lot. Justification for Variance: 1. The existing site conditions are the primary reason that interconnection between the buildings on the property is difficult to safely provide for pedestrians. 2. The restrictive properties of the development are existing conditions and therefore not the fault of the developer or the current property owner. 3. Approval of this variance is important in that if pedestrian access is required to be provided, doing so may disrupt the normal operations of the restaurant and put the safety of the pedestrians at risk. 4. Approval of the variance affords no special favor to this development. Currently, there is no shared access or pedestrian routes to any of the neighboring buildings. 7848 N. Oracle Road Variance Request February 18, 2010 Page 4 of 4 5. ADA access for the building to all entrances and exits has been provided to the extent required by current regulations. The site has been developed to the best extent to incorporate these regulations. Request: The developer requests the requirement for interconnection to the adjacent building to be waived. Respectfully submitted, Shawn M. Clow Hollon Design Associates, LLC SMC/ms qw - 'q\ ' 43108 WARD HOLLON 0�12-18-f0 Fs ''>ON 0 Expires 9—JO-11 P:UOBS\PandaExp\PX-Oracle & MageeWarianceWariance Request.doc HOLLON DESIGN ASSOCIATES, LLC 5801 S McCLINTOCK DR, SUITE 104 TEMPE, ARIZONA 85283-6002 (480) 897-7145 FAX (480) 897-7105 EMAIL: architects@hda-az.com PANDA EXPRESS VARIANCE REQUESTS — EXPLANATION AND CRITERIA A. REQUEST OVERVIEW This application contains three variance requests related to landscaping requirements and pedestrian interconnectivity for property located within an existing shopping center at the southeast corner of Magee Road and Oracle Road (The "Center"). The variance requests all generally stem from the Site's location within an existing developed center that was platted and developed under the less stringent Pima County zoning regulations. That platting and development created the Site's very small size, its' very unusual non -rectangular shape, the Site's unusual 9% sloping topography, its location surrounded by main access drives and its confinement by parking lots and drive aisles. All of these special circumstances act together to warrant relief from three provisions of the Town's Zoning Code. B. PROPERTY LOCATION, PROJECT DESCRIPTION, AND HISTORY The specific parcel at issue here, APN 225-51-2160, is an existing freestanding pad located at the far southwest corner of the Center (The "Site"). (Please refer to the site plan for location and aerial maps.) An older, pre -annexation, Church's Chicken drive -through restaurant currently sits on the Site. That non -conforming restaurant building will be razed in order to develop a new conforming Panda Express drive -through restaurant. The new Panda Express will be similarly configured on the Site as the Church's Chicken building. Pima County issued the original permit for the construction of the 1,186sgft Church's Chicken after the Site was platted in 1975. Sometime after the Church's Chicken development, Oro Valley later annexed the property. The Site has since been considered a legal non -conforming site due to the fact that it does not comply with many of the current Zoning Code requirements. In fact, at the time of construction, Pima County had no requirements for landscape screening between buildings in a common district. Additionally, there were little or no guidelines to allow for the beautification of a property through the use of landscape material or common pedestrian areas. Sadly, the extent of existing landscaping on the Church's Chicken Site is a single palm tree adjacent to the trash enclosure screen wall. The new Panda Express development will add a significant amount of new landscaping as well as a new, updated building and use. As a further result of the Site's development under the older Pima County regulations, some parcels where minimized to the point that only enough space for the building and parking was provided. This Site is one of those very small parcels. The buildable area (exclusive of the 150' building setback) only measures about 87' x 90'. Due to a series of existing leases and subleases on the Site, Panda Express is not able to obtain additional land area for this development. Panda Express Variance Request 7848 N Oracle Road March 10, 2010 Page 2 of 8 Instead, they have created a site specific restaurant for this project to fit within the boundaries of this uniquely sized and shaped parcel. The typical footprint for their freestanding restaurant is a rectangular 68' x 36'. However, for this Site, Panda Express has designed a more square footprint and even reduced its size by almost 300sgft in an effort to comply with the Zoning Code requirements, while still retaining its important property rights to adequately utilize this pad for its highest and best use. Although incorporating a proven restaurant prototype with the requirement to comply with current Zoning Code regulations has been a challenge, the proposed site plan does address virtually all of the Zoning Code development standards. The existing constraints on the property have simply limited the amount of space available to achieve all that is required. Due to the size, shape, topography, location, and surroundings of the Site, it will be difficult to fully comply with a few of the requirements. The requested variances within this application are the final steps needed to make the project a reality. C. VARIANCE #1 REQUEST AND DESCRIPTION Variance #1 Request. (Section 27.6.C.3.a) To reduce the width of the five (5) foot landscape screen to: a minimum of 3'-0" along a portion of the northern property line, to a minimum of 3'- 0" along a portion of the southern property line, to a minimum of 2'-0" along the eastern property line; and to utilize30" landscape material along the north and south property lines and a 30" high Greenscreen along the eastern property line in lieu of the required 36" landscape screen planting materials. Section 27.6.C.3.a of the Zoning Code states, Drive -through windows and waiting/stacking lanes shall be screened with a five (5) foot wide landscape screen. The entire length of the landscape screen shall be a minimum of three (3) feet in height. The screen shall be located on the outside of the drive -through lane and shall screen queuing automobiles from any adjacent use. Pursuant to Section 27.6.C.3.a, a 5' landscape screen area is required along the north, south, and east sides of the building. Because the site is so small, the 5' landscape area cannot be achieved all on three sides. Adjacent to the northern property line, this landscape screen area must be reduced to 3'-0". Adjacent to the southern property line, the 5' landscape screen area has been provided for all but a short distance at the southeast corner of the building where is must be reduced to 3'-0". Finally, adjacent to the eastern property line, the landscape area has been reduced to 2'-0" and a "Greenscreen" (a lattice frame used to concentrate vinery) will be used to meet intent of this Section. To make up for these minor reductions landscaping, additional landscaping has been added to other areas of the Site such as at the northwest corner around the pedestrian area where almost 600sgft of landscaping is planned. Panda Express Variance Request 7848 N Oracle Road March 10, 2010 Page 3 of 8 With regard to the Greenscreen, it is proposed to be constructed and maintained at a height of 30", as opposed to the 36" required by the Zoning Code, due to sight visibility requirements. Furthermore, consultation with our Landscape Architect determined that the 3'-0" landscape screen area could still be designed with the same amount of planting material as within a 5'-0" landscape screen area. Overall, the intent of this Section to screen the vehicles with landscaping will still be accomplished by both the Greenscreen and other provided landscaping. D. VARIANCE #2 REQUEST AND DESCRIPTION Variance #2 Request. (Section 27.6.C.3.d) To reduce the required ten (10) foot landscaped area to: a minimum of 2'-0" for portions along the north side of the building, to a minimum of 3'-0" for portions along the south side of the building, to a minimum of 3'-0" for portions along the east side of the building, and a minimum of 1'-6" for portions along the west side of the building. Section 27.6.C.3.d of the Zoning Code states, All buildings, whether freestanding or part of a larger center, shall have a minimum ten (10) foot landscaped area on all four (4) sides of the building. Walkways, sidewalks, or patios may be included in the ten (10) foot landscaped area provided that the planting area is at least four (4) feet wide except where required for access. 1f the building has a loading zone, drive -through window, and/or waiting or stacking lanes, then the five (5) foot landscaped screen required above may be substituted for the landscaped area along the corresponding side of the building. The site constraints make it difficult to also comply with this Section completely, but the site plan has been designed to maximize the landscape area around the building wherever possible. We understand from the Zoning Code and Planning Staff that any landscape area utilized to comply with Section 27.6.C.3.a regarding landscape screen areas may also be counted toward this 10' landscape requirement. Additionally, any sidewalk, walkway or patio may be included within this 10' landscape area as long as a 4' planting area remains. Therefore, it is our understanding that, for example, a 6'-0" sidewalk along a 4'-0" planting area would satisfy the intent of this Section. In that case, along the north side of the building where the drive -through window sits, almost 40% of the landscaping meets the 10' requirement of this Section. The drive -through window and two small areas (one east and one west) of the window cannot meet this Section. About Panda Express Variance Request 7848 N Oracle Road March 10, 2010 Page 4 of 8 eleven feet of landscape frontage west of the window cannot meet this 10' requirement since the available area for landscaping in this area ranges from 7'-0" to 10'-0" wide. Similarly, about seven and a half feet of landscape frontage east of the window along the northeast corner of the building ranges from 6'-0" to 10'-0". Finally, along the drive -through window frontage, the available landscape area is 2'-0", mainly due to the need for driveways and vehicular access. (*Although minimum landscape depths are being requested in this variance, most of the landscape areas that fall below the 10' requirement actually range in depth from the minimum being requested up to near the 10' required.) The site plan reveals 10'-6" of landscape area along the majority of the south side of the building. Only a small portion about twenty feet in length falls below the 10' requirement on this side of the building, mainly due to the location of an SES panel and other required mechanical equipment. The provided landscaping in that area ranges from 3'-0" to 9'-6". Along the east side of the building, the available landscaping area ranges from 6'-0" for a majority of that frontage, to 3'-0" for two small areas at the northeast and southeast corners of the building. Along the west side of the building, about 50% of the available landscape area meets the requirements of this Section. The landscaping in this area ranges from 1'-6" to 4'-0", but is directly adjacent to wide sidewalks and contains the main entrance point to the building. This area is also adjacent to almost 600sgft of additional landscaping along the northwest corner of the building around the pedestrian amenity area. Overall, the requested variances are small in comparison to the remaining landscape area available on the Site and should not adversely impact the aesthetics of the Site. E. VARIANCE #3 REQUEST AND DESCRIPTION Variance #3 Request. (Section 25.1.A.5.b.i and ii.) To waive this interconnectivity requirement. Section 25.1.A.5.b.i and b.ii of the Zoning Code states, i. Where possible, interconnect all buildings, parking areas, bicycle parking, recreational areas, common outdoor areas and amenities. ii. Connect to trail networks, paths and public amenities and adjacent land uses. Pursuant to this Section, buildings, adjacent land uses, parking areas, etc. should be interconnected wherever possible. Unfortunately, for many reasons, such interconnectivity with surrounding properties is not possible for this Site. On -site interconnectivity is, however, maintained by the compact site layout and sidewalks along the north, south and east sides of the Panda Express Variance Request 7848 N Oracle Road March 10, 2010 Page 5 of 8 building. For example, the bicycle parking is connected to the main entrance and the pedestrian/recreation amenity areas by sidewalks. The accessible parking spaces are directly adjacent to the main entrance and the patron amenity area. Connectivity to adjacent land uses is significantly limited. As mentioned above, the Site is surrounded on four sides by drive aisles and has a significant slope across the Site. Additionally, the original plat and development of this Center did not anticipate or incorporate pedestrian connectivity. As a result, connectivity to the nearest buildings within the Center would require pedestrians to walk across a main entryway drive aisle. There is no real convenient point to offer access to the neighboring buildings. In addition, the existing buildings do not appear to have ADA accessible pathways for pedestrians to utilize. F. VARIANCE JUSTIFICATION —VARIANCE CRITERIA The approval criteria for variance requests are found within Sections 21.7.I and 22.13.0 of the Zoning Code. Variance requests 41, #2 and #3 meet all of these tests in the following manner: I. That there are special circumstances or conditions applying to the property referred to in the application including its size shape topography, location or surroundings which do not apply to other properties in the district. There are actually quite a few special circumstances applying to this Site, including its size, shape, topography, location and surroundings. Most importantly, as mentioned above, the Site is very small (only 12,040sgft) and is the only such small lot in the adjacent zoning district. It was platted and developed under the Pima County zoning ordinance which did not require any on - site landscaping. As a result, this particular Site was platted as a very small lot. Once the Site was annexed into the Town, its' very small size makes it difficult to address the Town's landscaping requirements for redevelopment of the Site for almost any use. Other pad buildings in this Center are two to three times as large as the Site. The very unique shape of the Site is also a special circumstance which requires relief from the Zoning Code. The Center sits adjacent to Oracle Road which crosses by the Center at an angle exceeding 12 degrees. The Site lies adjacent to Oracle Road and resultantly its western property line is angled in the same manner. As a result of this angled street frontage, the Site has a very unique square shape that is twisted northward along its western portion. This circumstance does not apply to other properties in the district, mainly because the other properties are rectangular in shape and much larger in size. The topography of the Site is also a unique special circumstance. There is an approximate 9% slope at portions of the Site that requires careful planning of accessible pathways, parking areas, and grading and � drainage considerations. This limitation reduces the available area for landscaping, and significantly impacts the interconnectivity with adjacent land uses. Panda Express Variance Request 7848 N Oracle Road March 10, 2010 Page 6 of 8 The location of the Site within the Center is also a special circumstance warranting relief from the strict application of the Zoning Code. This Site has the very unusual distinction of being completely surrounded on all four sides by drive aisles servicing the Center, with one of them being a main Center entryway. One result of this circumstance is that the Site cannot grow beyond its existing property lines. There is no option to purchase or lease land from adjacent property owners because the drive aisles are a required part of the Centers' cross -access and traffic flow. Another consequence of this special circumstance is that the design and layout of the Site is very limited. Any site design must take into account the constraints of having active drive aisles on all four sides. For example, locating parking along some of these aisles would be difficult where the aisles intersect, especially where the main entryway exists. This same circumstance does not apply to other properties in the district. This unusual location limits how the Site may be designed and laid out, thereby reducing the available area to meet landscaping requirements. The Site's location also severely encumbers any potential pedestrian connectivity to adjacent land uses since such access must cross major drive aisles. The surroundings of the Site are also important special circumstances justifying relief, and do not apply to other properties in the district. The Site is surrounded by several constraining elements such as a major entrance to the Center at the Site's southwest corner, a surrounding existing parking field, as well as two existing buildings south of the Site across the main Center entry drive aisle. All of these constraints limit how this Site can be designed, and as a result, the amount of available landscape area. For example, parking along the southern property line is prohibited due to the volume and type of traffic accessing through that drive aisle. Main and secondary entrances to the building are also constrained by the available locations to access the building by pedestrians. The refuse container island faces the building, so entry points, patio areas or other main features would not be recommended at the northeast corner of the building. The Site's surroundings also limit connectivity with the adjacent buildings due to their location across the main Center drive aisle. All of these constraints created by the Site's surroundings create difficulties designing the site in any other manner than as proposed here for Panda Express. As a result of these special circumstances, the Site is encumbered by many physical realities that restrict the building development and site layout. Although we were able to design the Site while meeting almost all Zoning Code requirements, the landscape and connectivity variances described above are necessary for the redevelopment of this property. 2. That special circumstances were not created by the owner or applicant. None of these special circumstances were created by the owner or applicant. As mentioned above, the Site's small size and unique shape are due to the 1974 Pima County plat, not by action of the owner or applicant. The topography of the Site is also a result of the prior platting and subsequent development of the Center that set finished floor elevations and curb elevations. Panda Express Variance Request 7848 N Oracle Road March 10, 2010 Page 7 of 8 The unusual location of the Site surrounded by drive aisles and a main entryway were also caused by the prior platting and development of the Site and the Center, and the unique surroundings of the Site were similarly imposed by the past development of the Center. Therefore, the special circumstances were not the result of action by the owner or applicant. 3. That the authorizing of the variance is necessary or the preservation and enjoyment o� substantial property rights. The requested landscape variances are necessary to achieve redevelopment of this Site by Panda Express which has a substantial property interest in the land. Without the variances, the Site cannot be developed due to its very small size and unusual shape. No other configuration of this site plan would allow development of this Site without the same or very similar variance requests. And, virtually any other new development of this Site under the current Zoning Code would require similar lessening of the landscape requirements. The requested connectivity variance is also necessary to achieve redevelopment of this Site. Without this variance, development of this Site in accord with the external connectivity requirement could not occur. The location and surroundings of the Site significantly limit any external connectivity options, and those elements are outside of the control of Panda Express. As such, all of these variances are necessary for the preservation and enjoyment of Panda Express' substantial property rights. 4. That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. The authorizing of these variances will not constitute a grant of special privileges to Panda Express. The variances being requested merely request reductions in landscaping minimum requirements, not a complete removal of such standards. Also, in order to offset any requested reductions, almost 600sgft of additional landscaping has been added at the northwest corner of the building. Other properties in the Center may experience different limitations; however, granting of these variances will not result in special treatment of one property over another. Similarly, authorizing the connectivity variance will not constitute a grant of special privileges. The other freestanding pads within the Center do not comply with this connectivity requirement. Therefore, we are simply requesting the same privileges that the other similar pad sites already enjoy. Panda Express Variance Request 7848 N Oracle Road March 10, 2010 Page 8 of 8 5. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general. Approval of the landscape and connectivity variances will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general. Persons residing in the vicinity, adjacent properties, and the surrounding neighborhoods will notice the positive impacts of new development. They will experience new, well maintained structures on a site with almost 100% more landscaping than what exists today. New on -site connectivity will make it easier for bicyclists, pedestrians and handicapped persons to travel within the Site. A new vibrancy placing more eyes on the street will increase safety around the area. The public welfare will be well served by this redevelopment. G. CONCLUSION There are many special circumstances applying to the Site, including its size, shape, topography, location and surroundings which were not imposed by Panda Express, are necessary for the preservation and enjoyment of their substantial property rights, and will not be a grant of special privileges or be materially detrimental to the surrounding vicinity. The redevelopment of the older Church's Chicken building that does not meet any of the Town's current site development and landscaping standards will be a positive enhancement for the Center and surrounding areas. In order to make it happen, Panda Express respectfully requests granting of the three variance requests discussed herein. V - �S\ 43108 WARD HOLLON � )NA U•5� Expires 9—JO-11 P:\JOBS\PandaExp\PX-Oracle & Magee\Variance\Variance Request Revised.doc I 1 I c I � I ADJACENT PROPERTY I I IS ZONED C-2 I 1 UNDERGROUND PROPOSED SEWER LINE (8') UNDERGROUND L REFUSE / NATURAL GAS UNE ENCLOSURE / LOADING AREA ARC - SEWER LINE (8a) EXST ADA PARKING /i— SPACE k ISLE i ADJACENT PROPERTY I I I Is zalJm c-z I I I I EXIST NG I — _ — _ _ _ — _ _ — _ — _ — _ — _ _ _ — _ — _ � II UNDER(aTKO1ND L SEWER UNC (8'). PLAN 0 5 10 20 40 / 1._20._0 . (/* S I T E D AT A Panda Restaurant Group, Inc Notion ➢esign Associates, LLC 1683 Walnut Grove Avenue SB01 S NcClintack Drive, Suite 104 Rosemead, CA 91770 Tempe, AZ 85283 Local Contact Person, Nock Russell Contact Person, Yard Holton 2015 Y Desert Hl Iis, AZ 85086 Tel, 480-897-7145 Tel, 5M-465-7731 Fox, 48D-897-7105 Fax 1+626-372-883I Email, ward.hollonllhola z,can E.11, nark. russell8pnndarg.can ZONING, ZDACT ADDRESS, C-2 Conmercial District SEC Dracle Road L Magee Road 7848 N. Ora'Road SITE AREA, Tucson, Arl.na 857D4 Gross Area, 12,040 s,f. (0.27 acres Net Area, 12,040 s.f. (0.27 acres APN, 225-51-2160 Lot Coverage of Budding, 18.T/. Lot Coverage of Landscaping, 12,2Z IILDING DATA, Bulding Height, 23'-6' A.F.F. &I toting Area, 2,258 s.f. Use, Fast food restaurant with drive thru JILDING CODE DATA, Oaupancy Classification- Grcup A-2/2 Fire sprinkler system per WPA 13. Type of CO tr tian, Type V-B No fire alarm system. Allowable Area, 8,000 s,f, Emergency lights (yes) Allowable Height, 40'-01 (twostories) Occupant Load, 822/15 = 55 occupants Dining Area, 822 s.f. Two exits required, three exits provia ROJECT DESCRIPTION, This Project consists of the construction of a new bul ding far a Panda Express restaurant standalone facility. The site will Include a drive thru facilty, parking, hardscape, and landscaping. Signage for the facility shall be onder �' a,o mr a d i— mdiwrm c..°wasp inn s. "aa ° ian�'ew en orranpamanm or�agonaa ab. wr—dwx dl watt 1 p�Aee,m or vando o ,nc. Na REVISIONS: 8 ISSUE DATE: Ism 12-IB-09 PRE-APPUCAIION aro 2-22-10 VARIANCE PACKAGE 4T1 DRAWN BY: SMC PANDA PROJECT M S8-10-D2363 ARCH PROJECT#: 0923 ARCHITECT: iECT: H47LY:O�Ar DES/GN A S S O C I A T E S, LLC dui'. u tear s aa0wr0ae M sure ae least A— esaea .eaur.>w cAx uOeer-rroe .rwrerx ondx.xx ow„ STAMP: � v b cs -RD HOLLON 422-2P-X1 'ero v 9-w-u BONA U.`" PANDA EXPRESS ESCONDIDO PLAZA LOT 3 7848 N OCACLE ROAD TUCSON, ARIZONA 85704 SD1 SITE PLAN VICINITY PLAN 121' 4° TOP OF PARAPET DRIVE THRU CANOPY SICNACE TO BE CANVAS CANOPY C B APPROVED UNDER A D SEPARATE PERMIT �P F yx eRrrA - -- %/ %/ %/ STUCCO KNISH ACCENT TILE : u EAST ELEVATION 3/16 a WEST ELEVATION NQIE MECHANICAL EQUIPMENT WILL BE SCREENED BY PARAPET OF EQUAL OR GREATER HEIGHT. NQM. ROOF DRAINAGE IS BY INTERNAL ROOF DRAINS AND OVERFLOW LEADERS RED BLACK YMITE COLOR OF FABRIC SUNSHADE n NORTH ELEVATION APPROVED vV IV ACCENT 1 LL 2 SOUTH ELEVATION �QP EXA�F Q N oGP F 0 AFT CH INES� PANDA EXPRESS INC. 1683 Walnut Grove Ave. Rosemead Calitomia 91770 Telephone: b2b.199.9Mb FocsMlle: 62b.403bbb& �,: �� 1° .:: �,wr.a °• bra r pa.wmayow o..e .a .nrr� per. •�n.v� a pwma Wrwa. m . u�• 'z REVISIONS: 8 ISSUE DATE: isr 12-18-09 PRE -APPLICATION oio 2-22-10 VARIANCE PACKAGE srro 4TH sH arH DRAWN BY: SMC PANDAPROJECT#: S8-10-D2363 ARCH PROJECT* 0923 ARCHITECT: �L A \IDES/ON AS�C�JITES, L L C :ear s naC[eRDCK u2 sure e, 16FE ARQgW eerAe P� aoasr-sra vnx uo-en.rwe wu.er.enm.u.••• STAMP L" .cue ARO HO 2-22-10 QrZaHA U.5. �. PANDA EXPRESS ESCONDIDO PLAZA LOT 3 7848 N OCACLE ROAD TUCSON, ARIZONA 85704 SD2 BUILDING ELEVATIONS BUILDING FLOOR PLAN W W COOL DR � a W_C.QOL.( - z W MAGEE RD This Parcel N Parcel 225-51-2160 w E Panda Express 300' 3 F • I �• !1 44�- y N -4=F OV10-10-02 location map