Loading...
HomeMy WebLinkAboutOV120609/ PROJECT STATUS Date Received: -- 3 / 0(G Project Type: Project #OU%- -a -O 9 Parcel #: - �? Contact Person PH: , Fax: E-mail: Planner. Date To Principal Planner / - 3 /- o Pie-App Mtg: Comment Letter Mailed Formal Submittal Date: 3 - / - Q (Q Date To Principal Planner 3 -•% -O 6, Transmittal Due Date: - (4 week review time) Certification Date: -o o Letter Mailedc Resubmittal Date: <�i - / ,4 -C1(„ Date To Project Planner Transmittal Due Date: - - O (.•o (4 week review. time) Comment Letter Mailed --/ 5' - o Scheduled for Meetin (D &Z, TC, PARC, BOA) �3 �p s' a 3-0 Co Notice Due:. Received Notice Date: Sent to Paper. _ IV,,4 Labels Prepared: Area Map Printed showing the area noticed: /l% d, H C—dCJ -� 4- Notice mailed out: S ,� 3 0 Property posted: o _S Cancellation Notice Notice Due: Received Notice Date:,.,�1� Sent to Paper. Labels Prepared: Area Map Printed showing the area noticed: Notice mailed out: Property Posted. - Action from meeting? Approved (o -/ ;=O(o Denied Action letter mailed to applicant: Resubmittal Date: (o _ (o Date To Project Planner (9 Transmittal Due Date:_ /., 3 p _ p a (4 week review time) Comment Letter Mailed - p (p Scheduled for Meeting (DRB,P&Z , PARC, BOA) - r] -19- O Executive Summary sent to Clerks Office: Notice Due: io- 1 t� D (p Received Notice Date: (o - a -0 (D ' Sent to Paper. /V 4 Labels Prepared: Area Map Printed showing the area noticed: --' Notice mailed out: lv ,� $ -o(A Property Posted: Action from meeting? Approved -/ - O o Denied Action letter mailed to applicant: Final Submittal Date: ( Sent to Project Manager:_ ,Xi- G�-G to PP Signed: /V A FP Signed: AIA LP Signed: DP Signed: Received.Trust Agreement Received CC&R's Received Bond Estimates: Sent estimates to Senior Zoning Inspector In I Q V1L Approved /Denied Date: Sent Bond estimates to Public Works ks, pproved / Date: 5e& If a roved send copy of approved estimates to developer and to Linda in PublicDenied Works: Date sent: PP PP Received Bonds Date: Type & Amount of bonds: Iei RECORDING PROCESS el n / e a'Q IS Assurance: L CC&R's: Date / v Recorded: Call repro for copies (2 black lines I photo copy mylar for addressing): ^ E 0 Place Mylar in hanging file: Sent to Pima County Addressing: j Enter BK & Page into Permits Plus: PREPARING FILE FOR FILE ROOM / TC Staff Reports DRB ,'` P&Z � `� Minutes DRB ✓ P&Z ' } TC '/' Pick up Mylar from Pima CountY public records: ✓� Put Mylar in Hanging File Disk to Pima County GIS Dept. Add Project # to Card Catalog in the (F drive) BK and PG in Permits Plus, Update sin Permit Plus vim' Complete — Put in file room Approved Corrections Reviewing Agency Required PC Addressor PC Wastewater PC Assessors PC Transportation PC Dev. Services PC Ad -min Office TEP SWG Tucson Water RanchOTtate Eer Museum SHPO AZ Fish & Wildlife Amphi Public School US Postal Svc. OV Building Safety OV Water — Mark Moore OV Water —Kevin McCaleb OV Zoning - Planner OV PlanMn,n OV Tran OV ComOVPDOV ParkOVEDOV PubPAG — File NOTES Comments PYHTRTT A OV12-06-09 LOT 3 OF MERCADO DEL RIO DEVELOPMENT PLAN Planning: 1. The handicap accessible spaces located on the north side of the building (across the drive aisle) must be relocated to the west side of the building. The pedestrian sidewalk should provide a direct route from the parking area to the front of the building. 2. The four parallel parking spaces in front of the building must be deleted. A passenger drop off area accompanied by an outdoor waiting/seating area with planters and benches must be achieved. The design of this area must be approved by the Planning & Zoning Administrator. The specifics must be addressed in the landscape plan. 3. The landscaped area adjacent to the sidewalk must be located closer to the building in conformance with Section 27.6.C.3.D (10' landscaped area around the building). Engineering 4. Show the missing items and line -types which are shown on the Plan Sheets but are not shown in the legend. Make any needed changes to the line -types presently shown in the Legend to match what is shown in the Plan Sheets 5. Provide missing spot elevations as shown in the red -lines. The spot elevations shall be used to identify the following: a. Spot elevations at sidewalk ramps and cross -walks will verify ADA compliance. 6. Address all red -lined continents on returned plans. Please return redlines back to the Town of Oro Valley. 7. Change the General Note #10 to read "Drainageways will be constructed according to approved plans prior to the issuance of any permits from the Town Engineer and/or Building Official for parcels affected; These parcels to be identified either by number in note, or by outline on the Development Plan. 8. Clearly indicate existing and proposed easements on and adjacent to the tract with their dimensions and purpose, giving recording data of existing easements. 9. Show existing and proposed streets on and adjacent to the tract with their names and right-of-way widths. Give recording data of existing streets; show typical section for proposed streets. Development Plan Sheet 1: 10. Show the recording information below Pusch View Lane and Vuelta Caminata Del Rio. 11. Show "New Pavement" within both of the Item and Symbol columns in the Legend. Sheet 2: 12. Clarify the R.O.W. width for Pusch View Lane at the bottom of this sheet. The R.O.W. widths shown do not match what is measured. Also clarify which line is the centerline for Pusch View Lane. Make needed corrections. 13. Label the different line types as pointed -out on the redline sheets. Show on the Legend if needed. 14. Clarify the locations of the following Keynotes on the Plan Sheets. They cannot be located at this time. (Keynote #4, #12, #14, #15, #19, and #21) 15. Provide one (1) turnaround spot at the far southeast part of the PAAL. 16. Remove the portion of the ADA accessible isle from the travel way of the PAAL south of the ADA parking spaces. Only an acceptable crosswalk may be located within vehicular travel ways. 17. Provide an acceptable ADA route from the public ROW on Pusch View lane. The access shown will need to be modified to eliminate the ADA accessible isle from the southern PAAL. 18. Adjust the delineated Sight Visibility Triangles (SVT's) to OV standard onsite PAAL development (10'x100' near side and 10'x70' far side.) Sheet 3: 19. Provide proposed spot elevations (-) where shown on the redline Plan Sheets. 20. Change the Existing Trash Enclosure grades at the area just west oil Chops Restaurant. Storm water "ponding" will occur at this location at this time. 21. Clarify the CO RIM 42.50' elevation in the center of the 12' x 35' loading zone. This elevation is 1.0'+ higher than the surrounding area. Make needed corrections. 22. Clarify the CO RIM 43.60' elevation in the center of the PAAL entrance off Vuelta Caminata Del Rio. The rim elevation is 3.0'+ higher than the adjacent pavement elevation. Make needed corrections. 23. Correct the FS elevation of 42.92 at the eastern part of the parking lot. Presently ponding will occur at this area without an elevation correction. 24. Show and call out all drainage structures (curb opening) at the southeast corner of the Chops Restaurant where storm water drains off the PAAL to the Drainage Basin. 25. Show the centerline and Right -Of -Way (R.O.W.) widths of Pusch View Lane and Vuelta Caminata Del Rio. Also show any easements located in these R.O.W. areas. Drainage Report 26. Identify the placement/location of the 9" curb opening that drains the parking lot at the southwest and of the site. 27. Change "Appendix C" to read "Appendix D" in the seventh line in the second paragraph under 3_0 Retention/Detention and First Flush Requirements on Page #5. 28. Reconfigure the drainage just west of Chops Restaurant within Figure 1 Local Drainage Map. Revise the elevations around the existing trash dumpster and the proposed Storm Water Catch Basin. 29. Provide a detailed drainage figure for the southwest corner of the site in the vicinity CP 1. Populate this area with spot elevations and thoroughly characterize the flow pattern here. 30. Clarify the discrepancy in culvert geometry between the Development Plan and the Drainage Report for culvert at the southwest end of the site. (2 —12"pipes or 2 —18" pipes). Check the Development Plan for accuracy. Boundary Closure Calculation 31. Clarify the lower left boundary curve Delta: 19° 00' 08" shown on Sheet #2 and Delta: 5° 09' 08" shown within the Boundary Closure Calculations. They do not match. Make needed corrections. EXHIBIT A OV12-06-09 LOT 3 OF MERCADO DEL RIO LANDSCAPE PLAN 1. The landscaped area adjacent to the front sidewalk must be located closer to the building in conformance with Section 27.6.C.3.13 (10' landscaped area around the building). 2. In lieu of the parallel parking spaces provide a passenger drop off area and an outdoor waiting/seating area with planters that cover a minimum 50% of the remaining area and a minimum of two benches in front of the building by the main entrance. The details must be depicted on the plan. 3. Reposition the four (4) proposed trees within the southern S.V.T. at the western PAAL entrance off Vuelta Caminata Del Rio on the west side of the parcel. "Adjust the SVT at the southwest entrance " 4. Redraw the channel so as the rip -rapped area is similar to what is shown in Detail H on Sheet 3 of the Development Plan. Presently the tree locations alongside the channel are shown in rip -rapped areas. 5. Revise the landscape plan to reflect each of the aforementioned conditions and the development plan changes. TOWN OF ORO VALLEY, PLANNING AND ZONING 1v�0 rv. LA cANmum DRI'vE, ORSO VALLEY AZ 85737 PHONE., (52o) 229.4800 FAX., (520) 742,1022 www.townoforovalle .co APPLICATION FORM OvCase # (Office Use Only): ' ' ` Application Type: Develypment Plan A. Project ManVeriDeveloper Name: Michael J. Bankowski Firm: Frimetime Real Estate Hol ings, Address: West Wimbledon Way city:, Uicn State; Tele hone: P,riz(ina Zip; 85737 p 99-9317 FaX: 52 299-9317 Email: k iwski ol.com S. Property Owner (s), if more than one owner, attach list Name; K' n e Firm; do 1 Rio, L.L.C.Address% East Palisades Road City: State: Ar7.zona Zip! 85737 Telephone: f521124Z-4303 Fax: (520)797-2547 iejl; n e commerical ol.com C. Subject Property Parcel/Tay. Code: 224•-28-2550 ( Lot 3 Mercado Del Rio) Legal Description/property Address: Mercado Del Rio —Lot Area of property: 7 l or 0.88 : Acres Existing Zoning:_ r-2 (Cc mmerciaLL_Proposed Zoning.--! G 2 (C (unmerciai ) Is Proposed Zoning in conformance with General Plan designation? j NIA (j Yes [ ]No Ceneral Plan Designation: cc ial Ey.'Mding l and Use: "gl'yRercral - �� Proposed Land Use: Commercial U. Previous Applications Relating To Thfs Property Ova-� OV9- ONTO• Ov11 • OV12- 03-22 Ov13- E. Reason For Request Devel(ip a Commercial Development, within Lot 3 cif Mercado Del Rio This application Is true and correct to the best of my knowledge. I am the owner of the above described property or have been authorized by the owner to make this application, Date Signature HAdmin PZtPOUIOhannon Project subdivision Devefopment HandoutlApplication 6aneral.40c MAR 16 2T t NOTICE In addition to the Town of pro Valley (the "Town,'), there may be other jurisdictions affecting development of this r ronerty, If a property developer waits until late in the development process to contact other perdiiiient governmental agencies or bodies, additional expense and time in coordination, redesign and development may be a result. Examples of other governmental agencies and/or bodies that may have overlapping jurisdiction over this property include but are not limited to the following: Federal: ♦ The United States Department of the Inferior, Fish and Wildlife Service is responsible for Endangered Species Act compliance, etc. Please note, habitat has been desir:;ated trithin the T o,vn,. U.S. Fish and Wildlife Field Division 2321 West Royal Palm Road, Suite 103 Phoenix, Arizona 8502I-4951 Phone (602) 640-2720 Fax (602) 620-2730 i The United States Corps of Engineers: This agency is responsible for management of jurisdictional waters, etc. Section 404 consultations may be required on properties that contain washes. U.S. Army Corps of Engineers 5205 E. Comanche Davis Monthan AFB Tucson, AZ 85707 Phone (520) 584-4486 Fax (520) 584-4497 State: + Arizona Department of Environmcntal directly for further information. Quality: This agency has multiple responsibilities. Please contact ADEQ 1110 W. Washington Street Phoenix, AZ 85007 (602) 771-2300 County - Pima County Depaitmerzt of Enviroamcntal Quality: Taus agency has multipic: responsibilities. Please contact directly for further information. PDBQ 201 N. Stone Avenue, 2" Floor Tucson, AZ 85701 (520) 740-6520 Please be advised, issuance of a permit DOES NOT, nor should it be construed, to imply compliance with Federal, State or County regulations. If you have any questions concerning your responsibilities under federal law, please contact the applicable agency. APPLICANT' NAME: , Michael J. Bankowski CONTACT PHONE AND ADDRESS: (520) 299-9317 / 1685 W. Wirr b_ ledon way SITE LOCATION: 224-28-2550 Mercado Del Rio - Lot 3 Applicant Signature Case/File Number Date 20 TOWN OF ORO VALLEY DEVELOPMENT PLAN SUBMITTAL REQUIREMENTS WHILE NOT REQUIRED, APPLICANTS ARE STRONGLY ENCOURAGED TO SCHEDULE AND COMPLETE A PRE APPLICATION CONFERENCE WITH PLANNING AND ENGINEERING STAFF PRIOR TO APPLICATIONSUBMITTAL Landscape plan, Native Plant Preservation Ordinance should be the same scale as the plat. All development plan submittals must include the following materials to be accepted for processing: Note all submittals are due by noon. Cultural, Archaeological and Historic Resources Requirements. Sec. 27.2: Provide a letter report from either the Arizona State Museum the State Historic Preservation Office, a qualified archaeologist working under a State Antiquities Permit, or a professional architect that reviews all of the available information for the site. If cultural resources have been found through the records check or field survey, a cultural mitigation plan, in Accordance with this Code's provisions for archaeology, shall be submitted as part of the development submittal. VSigned Notification of Potential State and Federal Issues A completed application form. i I30 copies of the development plan, Pima County fold. 'J/ 1 copy of boundary closure calculations with coordinate reference to identifiable points. /� 1 copy of the slope analysis. 1 copy of average cross -slope calculations. 2 copies of the title report, current to within 30 days. ✓ 2 copies of preliminary CC&Rs, if applicable. V1/ 3 copies of final hydrology report 'v/ 1 copy of final geotechnical soils report. V1/ 2 copies of final traffic impact analysis (letter from ADOT required if adjacent to Oracle Road) V Aerial photograph (1 " = 200'). V/ 7 full-sized blueline copies of landscape, irrigation and buffer yard plans. 3 of Native Plant Salvage Plan /Y,A 1 copy of PAD or PRD document, if applicable (Identify PAD) 1 data diskette (3.5 or 5.25 inch) containing parcel lines V Fees PROJECT NAME: C��/�s /p,�iS%�LI�PflN% ASSIGNED CASE NO: DATE SUBMITTED: REVIEWED AND ACCEPTED BY: 224-28-2550 Pima Coun"sessor Online Page 1 of 1 2006 Pima County Assessor Property Inquiry Search Parcel2 07 Parcel2005 History Tax Seminary Genealogy Parcel 224282550 Go Book -`lap -Parcel: 224-28-2550 TaxArea: 01 1 TaxPayer Information LAWYERS TITLE OF AZ TR 18080 PO BOX 12646 TUCSON AZ 85732 2646 Legal Description MERCADO DEL RIO LOT 3 Secondary Valutaion Data Legislative Class Land VACANT/AG (4 0) Improvements VACANT/AG (0 0) 2006 Personal Property Gross Value Totals 2006 Lm,rD/SCND Exemptions Net Value Totals PriorLimitedValue: S64,686 TaxYear: 2 Recording Information Docket 12430 Page 3659 Date Nov - WARRANTY DEED Miscellaneous Section 12 Twu12.0 S Rng 13.0 E Map&Plat 59 / 28 LandMeasure 3 NlarketArea: (11) Tract Block Lot 00003 Gros CensusTract 4607 UseCode 002 Date of Last Change Jul-12-2005 VACANT CO3MMERCIAL URBAN SUB Full Cash Percentage Ass S 1.53,868 16.0 5; SO 0.0 $153,868 S: $153,868 S' CurrentL.imitedValue: S124, Limited Value Rule-N: 2007.Laud2006.Audit2005.Audit Map Selection(s) 59028.TIF 59028.dw7 http://www.asr.co.pima.az.us/APIQ/APIQ.aspx 02/28/2006 vP�t wY,„!RiZ O �DEO Planning and Zoning Division 11000 N. La Canada Drive, Oro VaNey AZ 8S737 Phunc: (520) 229-4800 Fa:: (520) 747-1022 Web Site Address: www.townoforavnilty.com REQUEST FOR PREAPPLICATION CONFERENCE PROJECT DESCRIPTION: 874- LOCATIO PARCEL NUMBER: TYPE OF RI APPLICANT ADDRESS: TELEPHONE NO.: 2�,e2- FAX EMAIL PROPERTY OWNER: 4f,LC:4pa did SIGNAT DATE: %, 30-d�2 PREAPPLICATION CONFERENCE DATE REQUESTED: (Office use only) ❑ SUBMITTALS MUST BE RECEIVED BY THE PLANNING DEPARTMENT AT LEAST TEN (10) WORKING DAYS IN ADVANCE OF THE DESIRED PREAPPLICATION CONFERENCE DATE. ❑ SUBMITTAL REQUIREMENTS "ALL PLANS MUST BE FOLDED PER PIMA COUNTY FOLD." o TWENTY (20) COPIES (2036) OF THE PROJECT CONCEPT PLAN, WITH LOCATION MAP. o TWO (2) COPIES OF SITE RESOURCE INVENTORY. FINAL PLAT FOR LESS. MERCADO DEL RIO LOTS 1-16 AND BLOCK "A" PROJECT --------------------------------- ---- -- T 11 1 1N I LEGEND SCALE: I' . 120" I �O I ( S' - i MILE i aP�LE(I:'V Ti OtZL i • REIM TO K SET AFTER COMPLETION OF C41"TAI1CTION PER A MILS * I I �M I C' I i Q 11 I a FOIAD MOMIKNT AS NOTED L 6 C 1 F-- - - -�-- -- 9- ---- ----- _ _ _ - _. - - -I—• SIIDDIYIs10N BOUIDMY fECT1O i I O L 1 -t— 141015ERTY LINE Fib �' EAVEMINT BOUNDA" i I ► 4 AJ� __-�� H 12 limit I 1 3 SECTION COPW1ER 23 21 1 5 �11�.L .i �_1 15 I i= I I I U I r I DEDICATION `' BLOCK 'A" r'' _o I , Ci < I I i. ,g CD f N �, 1, THE UNI)MIGNED, KNIENY MMIANT MAT I AN ALL AND THE Q0.Y F TITLE IMTIMCST IN THE LAID MIOWN OR TNIS PLAT AND I CMUNT TO Pam.. I �_ 4 `� �� 1 I 1 I !� 6 I I ,K W O 9- }' I V (/� 1 I ID LAID IN THE MOM S" M REMICK, UNXUSIVE 1ASEfENTS AM T FIR�TOIM USES AS SHOWN IIMUIM ARE HEREBY DLBICATID TO THE TOWN J J' - - 2 - I I \ x im I I 3 11 I W W �, I I J 1. O _ 1 I I U 11j I I (� W Ts As me ++7'�^� OF 3� BWITH0 TNIS SUBDIVISION 00 AFIE NOt� K qp VALLEY. PIMA COUNTT AD ALL UTILITY ITT COMPANIES FOR TIME INSTA ER , _ I ! 0 I ` M (a I I _ _ _ _ - - -�'- -' I r "'I 13 I I (! - I "- X ( 3i TQ OIM, MIY1pE11D105pp UTILITIES ANf PUBLIC 10M, tilt[ TO THE LAO I t1RAt WBEWAYS. PRIVAII MOM AN CMIM3k AMAF WALL I( VISTED 'Q OF INDIVIDUAL LOT OBIERS Al ESTAILIIR((pp BY C01DI iIOM AT IN TINt QI Ir 1 O ( aD IM aBCEE TieislYSF PABEf1lL TfA19UM1 THE AMIAT101 WILL ACCEPI REXP 0011e1LITT FOR COflM101 L ITT PQI TIE PVIIYAT[ fWAEETf, IMiTIMMEWATs. RAIYAIE SEKRf, p I -�""-----f'--" "--""'-_ ----•�__ E� 1 1IININ THIS W001VISION. ^.�.�,, I I CANCHA DEL OOLF T I . THE WOFlulowh w vimis Rs Aw ASSIMS, DO NENEDT SAVE i 1; V-. - ---- — LOTS 1 THRU 5 �H���- SfOR1 AM ASSIMIS, TKMM 111PLOTEES, OFFICW 40 MENTS NAA A QAIMS FOR DWHES NELAVED TO TMME UM OF SAID LAIM MON AD i - - - - - - - - I gx 40 Y f G 39 I DF FLOWN. FLOWAGE, UIDSION OR DANK CALW BY WAGER. Flj(!OD OR RAINFALL. IT IS TWITMER UNERSTON AM AWED THAT MY IERS I p MOQITMWE ALTOU, AISTU KO OR OBSTRUCTED WITNQIT A4'NOVAt OF TK MIRA _ _ WATER ADEQUACY _ F — — — _ _ _ _ — — ----------- APPROVALS _ — r COIIICIL. A CERTIFICA110H OF ASSUMED WATER SUITLT HAS BEEN RECEIVED I'MON THE DIPECTOR OF rT i �.C1:-yGly'�./ MEM OF THE TOM OF ONO VALLEY. RIONLI Y CERTIFY L TITLE ASMNCT K MIXMA, AS TRUSTEE ~ TRUST NO. TOOK � 1M 113 CQMORAIF CAI�ICITY. I, ICANr WATER RESOUNCES. THAT TNIY AT WAS AEAIOVEB Br THE IRA AIM COMCIL OF THE TONI OF 0110 VALLEY ON THE !" TRAY II THE :OAER �� OY; - (�!�/d 5 a TO A.R.S, SECTIM 33-�0111). THE MAK AD AOOIEs2 IS WATER UTILITY D111ECTt3R i pAVE CIEPM Y MI OF pq VALLEY DATE FICIAAV OF TRUST MO. 11EMD-T. KICAIKO ABOVE AS DISCLOSED POSED SAID TRUST 1f+ THE ACO DEL RID. LLC ASSURANCE$ / T EAST IMAIME$ Raw IN THE FC#M OF 7RD PAN FIN11 LAWTEIIS TITLE MOKY OF MIIZONA AS RECORDED IN pOC1ET PAGE HAS TEEN 111OAIOp TO BIAARMMTEE AMIMAATE AND va FwtNiffy MVEM WAVE WAVE LET. MILOM MITASSIAIAMIQ2 STREET IMIMMNTS tINCLIMIIK UIMUENTSI AID UTILITY IY'OOMENT1 ( ELECTRIC. STATE OFM120N T A IELEMCK, WAS, SEVEN. WATER) IN TNIS SMMOIVISION. ^ SI. MKT : J \ LIZ*� (`��`.CdA1TT OF rIYE Ms. � DATE � - - - - - - TOM EMI R DATE TI�F F i I I:IHED KI M METwI&1?-MT 11 _s.l]iZa jOF LAITERS TITLE AOEWY OF AG ASSUIIAMCES IN THE FORM IX Itnkg FIOM i IN THE AMOUNT Ik__.-.HAYE IEEN MOVIDEA TO GUAIWITEE IK RESEEDING OF TNIS S{NOIVISION IN THE EVENT iNE PROJECT 16 ABANDONED. C ATEO ' Olt _ i�Y�s� / 2TMI INISTRATMWI DATE- MoJjpY of Ovp vA\\@ DATE CERI'IMCA700M OF QURvEy 1'HEREIT CERTIFY THAT THE 100 YEAR FLDGDPIIaNE LIMIT AND EII NO FINAL INIKCTION FOR ANT LOT OITHI4 TUI£ SIJiM IVIS15H SE!ki. V h D UNTIL A WILDING MKS OFFICIAL NU VERIFIED TILET IYf8MCTIOn M Tip LOT IS CW ETED NO 1 )EREAY CERTIFY THAT WE POMMY SIRMY AS SHOBM ON THIS PLAT i4T1AA IM REVIEWO AM SMIOAM 01 THIS PLAT UOER My UK IOW WITHIN PROJECT MONIPART) SIDEWALKS NNE BEET! 1/STALLED, PNOKM LIKS TO PIlOFE+RTY LIME. VAS KWORIEO UNDER ITT DIIOECTION NO THAT ALL EXISTING. OR PROPCSEO SURVEY MONUMENTS AID MAPAERS SHOW ME CO1KCTLT OESdMIWEO. I RECORDING FUITNER CERTIFY TNAT THIS FLAT OAS P7EPOMD UNDER BIT DIRECTION. STATE OF ARICOMA 11 ' +�� T H EXHIBIT A OV12-06-09 LOT 3 OF MERCADO DEL RIO 1. Clarify the elevations TC 41.16 and FS 41.40 located at the southeast corner of the 12'x35' Loading Zone designated by Keynote #4 on Development Plan (DP) Sheet #3. TC elevations normally are 0.50' higher than the FS elevation. Make needed changes on this sheet and Figure 1: Local Drainage Map within the Drainage Report. 2. Correct the "type -over" on DP Sheet #3 of FG 40.37 and Qloo = 5 cfs shown just east of Chops Restaurant Building. 3. Clarify Keynote #6's statement "4' Wide Minimum Concrete Sidewalk Per SD 200 (Typ)". The width of this sidewalk measures 5' on the DP Sheet #3. Make needed corrections. 4. Change the description of the wall openings in Detail F: First Flush System Detail from "3-8 x32" Wall Openings @ 48" O.C." to read "3 — 8" x 32" Wall Openings @ 48" O.C." on DP Sheet #3. Page 1 of 1 Gay, Shirley From: Ronquillo, David Sent: Wednesday, March 29, 2006 8:49 AM To: Gay, Shirley Subject: OV12-06-09, Chops For file. -----Original Message ----- From: MBANKOWSKI@aol.com [mailto:MBANKOWSKI@aol.com] Sent: Tuesday, March 28, 2006 9:44 AM To: tmiller@rickengineering.com Cc: kit@donleycommercial.com; DMCAZI@aol.com; Ronquillo, David; 0113333@aol.com Subject: Additional Dev. Plan Info Lot 3 Tri, I met with David Ronquillo this morning in response to the fax that he forwarded to you and me regarding the incomplete Boundry Enclosures and Title Report. He needs the information by Friday, March 31, in order to proceed with the project schedule. Stewart Title can get you the title info. Lynne Spollen is the escrow officer, and her number is 575-0365. Please call me at 275-5777 when you get a chance. Thanks, Mike Bankowski This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 03/29/2006 CHOPS RESTAURANT OV fN0 09 Page 1 of 1 Gay, Shirley From: DTellez@Tep.com Sent: Monday, March 27, 2006 2:03 PM To: Gay, Shirley Subject: CHOPS RESTAURANT OV1206-09 SUBJECT: CHOPS RESTAURANT OV1206-09 Tucson Electric Power Company (TEP) has reviewed the plan submitted March 16, 2006. TEP is unable to approve the plan at this time. There are existing electrical facilities within the boundaries of this project. In order for TEP to approve the plan the facilities must be depicted on the plans. Enclosed is a copy of a TEP facility map showing the approximate location of the existing facilities. All costs associated with the relocation of the facilities in conflict will be billable to the developer. Please resubmit two revised bluelines to Town of Oro Valley for TEP's review. You may contact the area Designer, Lisa Romero, at 918-8261 should you have any questions. Sincerely, Denise Tellez Scheduling Coordinator Enclosure cc: S. Gay, Town of Oro Valley (by e-mail) Denise Tellez 918-8297 DB102 This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 03/27/2006 06/27/2006 13:40 52074AFg7R PIMA COUNTY ALIDBFSSG PAGE 01/01 201 N. STONE AV., 1ST FL TUCSON, AZ 86701-1207 KAY MARKS ADDRESSING OFFICIAL. PH: 740-6490 FAX #: 740-6370 TO: TOWN OF ORO VALLEY PL.ANNZNG 4E7vv`EL0PMENTPLAN T FROM: KAY MARKS, ADDRESSING OFFICI SUBJECT: OVI206-09 CHOPS STEAK HOUSE DATF: June 27, 2006 Wiiiii iiiiiiii iiMd+kM>M**W Nh ih*WNf�N*W iWW iWWi iiiiii b4 iF A�>H iM N �N+r*WW Wiii Wifiiiikii iiMi*i+k*�i*h*W.pWWW WW The above referenced project has been reviewed by this Division for all matters pertaining to street naming/addressing, and we hereby approve this project. NOTE: 1. Submit a 24 x 36 Reverse Reading Double Matte Photo Mylar of approved Development Plan to the Town of Oro Valley Planning Department. ***PIMA COUNTY ADDRESSING MiIST RECEIVE THE SIGNED AND DATED MYLAR PRIOR TO THE ASSIGNMENT OF ANY ADDRESSES. PLEASE COORDINATE THE DELIVERY OF THE MYLAR WITH THE TOWN OF ORO VALLEY PLANNING DEPARTMENT.' 2. All addresses will need to be displayed per Pima County ,Address Standards at the time of final inspection. jg 03/23/2006 15:19 52074RF170 PIMA COUNTY 4nIFESSG PAGE 01/01 �IOPMent SffTj-& KAY MARKS ADDRESSING OFFICIAL PH: 740-6480 FAX #: 740-6370 201 N. STONE AV., 1s'r FL TUCSON, AZ 85701-1207 TO: TOWN OF ORO VALLEY PLANNING D M T FROM: KAY MARKS, AADRESSING OFFICI SUBJECT: OVI206-09 CHOPS RESTAURANT/DEL T FLAN DATE- March 23, 2006 The above referenced project has been reviewed by this Division for all matters pertaining to street naming/addressing, and we hereby approve this project. NOTE: 1. Submit a 24 x 36 Reverse Reading Double Matte Photo Mylar of approved Development Plan to the Town of Oro Valley Planning Department. ***PIMA COUNTY ADDRESSING MUST RECEIVE THE SIGNED AND DATED MYLAR PRIOR TO THE ASSIGNMENT OF ANY ADDRESSES. PLEASE COORDINATE THE DELIVERY OF THE MYLAR WITH THE TOWN OF OR,O VALLEY PLANNING DEPARTMENT.*** 2. All addresses will treed to be displayed per Pima County Address Standards at the time of final inspection. Jg $ ** SOUTHWEST GAS [ORPORIITI011 W� MAY 2 5 2006 May 22, 2006 Town of Oro Valley Planning & Zoning Department 11000 N.La Canada Dr. Oro Valley, Arizona 85737 OV1206-09 CHOPS STEAK HOUSE Southwest Gas Corporation has no objection to the platting of the above mentioned project. However, existing natural gas facilities are located in adjacent right-of-way which may be affected by construction of this project. Blue Stake should be notified 48 hours prior to construction. Further information regarding natural gas facilities on or near this project may be acquired by contacting me at 794-6049. RICK BARON/ENGINEERING TECHNICIAN u ID 3401 East Gas Road / Tucson, Arizona 85714-1994 P.O. Box 26500 / Tucson, Arizona 85726-6500 / (520) 889-1888 / 1-800-428-7324 www.swgas.com I,- FINIAL PLAT FOR '� 4 LE,,. MERCADO DEAL RI® 4 THIS LOTS 1-16 AND BLOCK "A" PROJECT ---------- ----------------- - - - - -- - �" i ItHl1rfET I1 { LEGEND SCALE: I'' IZO' I I' - I RILE t Q*4- - - - - - _ • t e Ri1AR TO K SET AFTER COKETION OF CANSTRUCTIM Kit A PLS 1 ia KXMNT AS NOTED FOAVD LOC _- --. 9. _--_ --_-, --_ _ _--- KWIVISION11WNDARY SECTIO I I � GAM (� --1---- I'l10!'ERTY LINE rib *\o� EAMWENT 11OUNOARV t 6 At 4 �� A -'' ►' 12 w lSY� SECT ICn CO DOER 114 `-�' 15 1 Ia0 M QEDICAT'IOM I BLOCK •A" 1 I d < 1 /` � ,Q CD 1, THE UNDERSIGNED, INUENT IMIRANT LINT I AM ALL MID THE ONLY P d f _ I O -"I� R 0 TV 4, _ TITLE INTEREST IN THE LAND WHM ON THIS PLAT AND t COMM TO r '� I I I I I !, 6 I d 9- , Cn ,+. I s 10 LAND IN THE WMftA 140 KANEEN. 110LOIVE EASEMENTS AND T FV TOOM Mil AN Sa W NAM AIE NEWIT KIICATED TO TIK I" ..I 3 Z I I W I I X 1 R �" E��SiRENTS AS SNORT HMO ME (CKWO FOR TIME PRIVATE USE AIO DRIERS OF 040"TY WITHIN THIS SUMIYISION AND AAE DEDICATED AS ER I x b/ I I I d O �v - 1. Q _ _ -1, -r JIB.- _ - _ I 13 _ O 1 - x C7p VALLEY. PIMS COLNTY BAND ALL UTILITY CW MIEO FOR THE INSTA DI! UNDEROWND UTILITIES AN PUBLIC 3-EW- S. TITLE TO THE I" 1 I 1 I I s rJa Qj D�AIIMBEwATS. rRIVAT[ SERlFI. A1M1 COMM AREAS ENACT K VESTED ft 1 { (A Coy" 0/ 1HD1YI IMN UMTJ�IW AT FAWNSW iTHROUIMI_p�1 INTHEIOTI 1 1\ 1 I THE ASSOCIATION VIAL AOCtll MEIPAfI11111LITT FOR CONTR01 ), { -�,_ I I L BUTT FOR THE PRIVATE 1111ETS. DRAIMAKMTS, PWIWAIt SEVERS. PEA 1-�`_` "---t----- -' -'----------�___ LY., # t YHIN THiS SONDIVISIOi. oANCNA DEL oOLr i I THE uwIm". MY SIICK1sm 000 "%1", Do NEIIF.IY SAW I LJ�OS — ----. -----— — — — — — — — LOTS 1 TNRU 5 SHEET 4 I AND CLAIMFOR DAMOKKS KLAIKO To TTMEElUSI OFFISAID LhW% A WW40 _ - -{ — — — — — — — — I BK 40 i PO 34 r - �• •• - •• •• I R1ASO1 K FLOWING, fLOwAGE. [FgStOI OR DAMAK CAUSED IT HATER. FIPD OR RAINFALL, IT 15 FUTTNG UNDERSTOOD MID AGREED THAT NA1 ENS I 1, K ALTEREB, DISTIARKO OR C� MX7EO WITHOUT NWOVAL OF THE rH"MA - - WATER ADEQUACY - - - - - - - - - - - - - - - _ - A��ROYALS ---- - _ T tl]IANCIL, A CERTIFICA.11011 OF ASSURED MITER SUPPLY HAS KEN RECEIVED F1wf1 THE DIRECTOR O n �...(�wt 'c,�/' 1. CLERK O THE TOM DF OD VALLEY. IIEIIEIT CERTIFY l TIT" AGWr OF AAI7OIA. AS IMAJ E UNDER TRUST NO. 100/ MOi' IN ITS COIMOIATE CAAcliY. I. iw EATER RESOURCES. THAT THIS AT WAS VTIDYEI AT THE MA AIN CUUCIL OF YK MlR OF OFR VALLEY ON THE DAY DF',.j�._._• HIM. 1s MVER DTt ® /$' xAEct. L kt�d� r �, ���� • TO A.R.S. "'TIM n-101(E), THE IMIN MID ADDRESS DF WATER UTILITY DIRECTORr AYE CLEAKIJTOrI OF DOW VALLEY DATE F1CIMt1' NF TIIIISi R0. 1/-T. DESCRIBED WK AS DISCLOSED 1 01D Of UID TMIST 1f1 3'OSED THE Ais3URANCEffi OF r F DEL 110. LLC 1 EAST rKISADES ROAD VALLEY. MlE0Mw5T31 ASSURANCE, IN THE FOW 711D PARTY,_l1ST FMN LAiV[Rf T11T.[ AIEIICT OF MIIDNA AS RECOFMD IN DOCRETILl7i PAGE �° NAS IEEN NIDVIKI TO BNAIMNIEE ORAIMADE AND MSRM DATE STREET IYrR MMIUTi IINWXUIMC KIMUENTS) AND UTILITY IMP"DKINEXTS ( ELECTRIC. STATE OF MIIONA TELEPHONE. DAs. SEWER. DATER) IN THIS SLUIVISION. n SS. 91 BYE M- 1 ' !l .COINn OF rlw Owns. SUIT - - - -- - DATEf town BNwI R -- — - - DATE TI E I:OKD ME►M IRE THIMI-07 t I ei . a LAWYER, 7111E MXXY (a RD D ASSUUIKES IN THE FOIE OR_1?2: FIOA i-. IN THE AMANI OF._.._NAYE BEER MOVIDED TO WAIYMTEE IK RESEEDING OF THIS IMIY1S1oN IM THE EVERT THE PRWECT IS ABANCdEO. K/f '- ATED " IYt _ r�iY/.V` I��_'Ai+�(�+ PIMI INISIRATOR DATE mcby Y oP ba0 veal\@.1 DATE CER71FWA700K OF GURVEY 1'HEREIY CERTIFY THAT THE 100 TEAM FLMMIROE LIMIT AMD M NO FINAL 1119KCT1O1 FM MY LOT VIIIIIII TOIS MIVISIDH WLL K MfMO UNTIL 44TOACE 9M REVIEMEO Ot ON III THIS RAT LOMA IA' SM A IUILOING GOES OFFICIAL HA5 YMIFIED 7107 CO TINCTIM M TIq LOT iS CW"IEYED AM I NEREIDY CERTIFY TNAT TIK 63MARY VIMY AS SWO ON THIS PLAT ( WITHIN PMACT 1101RQARY) SIDEWALKS NAPE TEEN INSTALLED. POWNTY LIKE 10IMNSIFERn LIM. W PEN AOIE0 UNDER MY DiRECTIO1 NO THST ALL EI(1STiK OR MU'D ED SURVEY NlXXNT5 AOO IMAGERS SHC+EN LK CWCTLT DESCRIBED. 1 fd RECORDING FURTHER CERTIFY THAT THiS FLAT US MIEPANO EIDER HY DIRECTION. Jdq STATE OF MWM IC / `„� �B 3faB'$'GN� GJ.�'mi ,,,,, C 1 __R91-! 4� UA LO Arizona State Museum P.O. Box 210026 Tucson, AZ 85721-0026 (520) 621-6302 FAX: (520) 621-2976 April 10, 2006 THE UNIVERSITY OF AiuzoNA, TUCSON ARIZONA Shirley Gay Development Coordinator Town of Oro Valley Planning and Zoning Division 11,000 N. La Canada Drive Oro Valley, AZ 85737 APR A 1 2nnp Re: Project No. OV 1206-09; Chops Restaurant (APN# 224282550) in a portion of the SE '/4 of S 12, T12S, R13E, G&SRM, in the Town of Oro Valley, Pima County, Arizona. Dear Ms. Gay: On March 20, 2006, ASM received a Development Review Transmittal concerning the above -referenced property that included a survey report by Dr. David Stephen of Professional Archaeological Services & Technologies (PAST). The survey of the property resulted in the find of 6 isolated artifacts that do not meet the ASM guidelines for the definition of an archaeological site. Dr. Stephen recommends that no further archaeological work is necessary for the project to go forward. ASM concurs with this recommendation with the following proviso: If any human remains or funerary items are discovered during construction, or at any time, all work must cease in the vicinity of the remains and Mr. John Madsen, Repatriation Coordinator, at (520) 621-4795 must be contacted immediately, pursuant to A.R.S. §41-865 If you have any questions concerning this matter, please feel free to contact me. Sincerely, Su Benaron Assistant Permits Administrator (520)621-2096 sbenarongemail. arizona. edu NOTICE OF REVIEW BEFORE THE ORO VALLEY DEVELOPMENT REVIEW BOARD NOTICE IS HEREBY GIVEN that the Oro Valley Development Review Board will hold a public meeting to review the following proposal on TUESDAY, MAY 9, 2006 COMMENCING AT OR AFTER 6:00 P.M. The subject of the review is to be the Development Plan for the following: OV12-06-09, Primetime Real Estate Holdings LLC., representing Mercado Del Rio LLC., requests approval of a Development Plan for lot 3 of Mercado Del Rio, located west of Oracle Road on the north side of Pusch View Lane, Parcel 224-28-2550 Lot 3 consists of .88 acres and the zoning is C-2, Commercial District. A restaurant building has been proposed. The hearing will be held at the ORO VALLEY TOWN HALL, COUNCIL CHAMBERS, 11000 North La Canada Drive, Oro Valley, Arizona. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for this meeting will be made available at least 24 hours prior to meeting time and be viewed at www.townoforovalIcy.com. Should you have any questions about this matter, please contact David Ronquillo at (520) 229-4817 or dronquillo(�`orovalley net. Bayer Vella, :4ICP Senior Plaruier Posted: 4-18-06 Time: 8:30 a.m. By: sg F:\OV\OV12\2006\12-06-09\notice\DRBnotice5-9-06.doc NOTICE OF REVIEW BEFORE THE ORO VALLEY TOWN COUNCIL NOTICE IS HEREBY GIVEN that the Oro Valley Town Council will hold a public meeting to review the following proposal on WEDNESDAY, JULY 19, 2006 COMMENCING AT OR AFTER 7:00 P.M. The subject of the review is to be the Development Plan for the following: OV12-06-09, Primetime Real Estate Holdings LLC., representing Mercado Del Rio LLC., requests approval of a Development Plan for lot 3 of Mercado Del Rio, located west of Oracle Road on the north side of Pusch View Lane, Parcel 224-28-2550 Lot 3 consists of .88 acres and the zoning is C-2, Commercial District. A restaurant building has been proposed. The hearing will be held at the ORO VALLEY TOWN HALL, COUNCIL CHAMBERS, 11000 North La Canada Drive, Oro Valley, Arizona. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for this meeting will be made available at least 24 hours prior to meeting time and be viewed at www.townoforovalley.com. Should you have any questions about this matter, please contact David Ronquillo at (520) 2294817 or dronquillo�)orovallev.net. NOTICE OF REVIEW BEFORE THE ORO VALLEY TOWN COUNCIL NOTICE IS HEREBY GIVEN that the Oro Valley Town Council will hold a public meeting to review the following proposal on WEDNESDAY, JULY 19, 2006 COMMENCING AT OR AFTER 7:00 P.M. The subject of the review is to be the Development Plan for the following: OV12-06-09, Primetime Real Estate Holdings LLC., representing Mercado Del Rio LLC., requests approval of a Development Plan for lot 3 of Mercado Del Rio, located west of Oracle Road on the north side of Pusch View Lane, Parcel 224-28-2550 Lot 3 consists of .88 acres and the zoning is C-2, Commercial District. A restaurant building has been proposed. The hearing will be held at the ORO VALLEY TOWN HALL, COUNCIL CHAMBERS, 11000 North La Canada Drive, Oro Valley, Arizona. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for this meeting will be made available at least 24 hours prior to meeting time and be viewed at www.townoforovalley.com. Should you have any questions about this matter, please contact David Ronquillo at (520) 2294817 or donquillo[>orovalley.net. NOTICE OF REVIEW BEFORE THE ORO VALLEY TOWN COUNCIL NOTICE IS HEREBY GIVEN that the Oro Valley Town Council will hold a public meeting to review the following proposal on WEDNESDAY, JULY 19, 2006 COMMENCING AT OR AFTER 7:00 P.M. The subject of the review is to be the Development Plan for the following: OV12-06-09, Primetime Real Estate Holdings LLC., representing Mercado Del Rio LLC., requests approval of a Development Plan for lot 3 of Mercado Del Rio, located west of Oracle Road on the north side of Pusch View Lane, Parcel 224-28-2550 Lot 3 consists of .88 acres and the zoning is C-2, Commercial District. A restaurant building has been proposed. The hearing will be held at the ORO VALLEY TOWN HALL, COUNCIL CHAMBERS, 11000 North La Canada Drive, Oro Valley, Arizona. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for this meeting will be made available at least 24 hours prior to meeting time and be viewed at www.townoforovalIe .coin. Should you have any questions about this matter, please contact David Ronquillo at (520) 229-4817 or dronquillonorovalley.net. IIayer Vella, AlCP Senior Planner F:\OV\OV 1 2\2006\1 2-06-09\notice\TCnotice7-19-06.doc Posted: 6-28-06 Time 9:00 By: sg F:\OV\OV12\2006\12-06-09\notice\TCnotice7-19-06.doc NOTICE OF REVIEW BEFORE THE ORO VALLEY DEVELOPMENT REVIEW BOARD NOTICE IS HEREBY GIVEN that the Oro Valley Development Review Board will hold a public meeting to review the following proposal on TUESDAY, JUNE 13, 2006 COMMENCING AT OR AFTER 6:00 P.M. The subject of the review is to be the Development Plan for the following: OV12-06-09, Primetime Real Estate Holdings LLC., representing Mercado Del Rio LLC., requests approval of a Development Plan for lot 3 of Mercado Del Rio, located west of Oracle Road on the north side of Pusch View Lane, Parcel 224-28-2550 Lot 3 consists of .88 acres and the zoning is C-2, Commercial District. A restaurant building has been proposed. The hearing will be held at the ORO VALLEY TOWN HALL, COUNCIL CHAMBERS, 11000 North La Canada Drive, Oro Valley, Arizona. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for this meeting will be made available at least 24 hours prior to meeting time and be viewed at www.townoforovallcy.com. Should you have any questions about this matter, please contact David Ronquillo at (520) 229-4817 or dronquill000rovalley.net. Bayer Vella, AI Senior Planner Posted: 5-23-06 Time: 10:00 a.m. By: sg F:\OV\OV 1 2\2006\1 2-06-09\notice\DRBnotice6-13-06.doc F:\OV\OV 12\2006\12-06-09\notice\DRBnotice6-13-06.doc Amencan Land Title Association Commitment - 13.0 COMMITMENT FOR TITLE INSURANCE ISSUED BY Sanctity of Contract ' ST'EWART TITLE® GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. THIS COMMITMENT IS NOT AN ABSTRACT, EXAMINATION, REPORT, OR REPRESENTATION OF FACT OR TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH 3 OF THE CONDITIONS. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. a7L1s r - Chairman of t e Board Countersigned by: Stewart Title & Trust of Tucson Tucson, Arizona STEWART TITLE GUARANTY COMPANY wyytn,s a ;: totPpq+ •:A isos s CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STEWART TITLED GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. 0 SCHEDULE A Order Number: 05005068, Amend. No.1 Escrow Officer: Lynne Spollen Effective Date: February 21, 2006 at 7:59 a.m. Title Officer: Carolyn Yarbro 1. Policy or Policies to be issued: Amount of Insurance (a) Owner's: LTAA Standard Coverage Owner's Policy $ 867,000.00 Proposed Insured: Michael J. Bankowski, a married man, as his sole and separate property (b) A.L.T.A. Mortgagee's $ Proposed Insured: (c) Standard Loan Policy $ Proposed Insured: 2. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE 3. Title to said estate or interest in said land is at the effective date hereof vested in: Lawyers Title Agency of Arizona, LLC, an Arizona Limited Liability Company, as Trustee under Trust No.18080 4. The land referred to in this Commitment is described as follows: Lot 3, of MERCADO DEL RIO, according to Book 59 of Maps, page 28, records of Pima County, Arizona. 5. The Deed of Trust to be insured and the assignments thereof, if any are described as follows: Deed of Trust given to secure the original amount of $0.00, and any other amounts payable under the terms thereof, dated , recorded in , as Trustor, , as Trustee, and, as Beneficiary. SCHEDULE B Order Number: 05005068, Amend. No.1 Showing matters which will be excepted in the Policy unless the same are disposed of to the satisfaction of the Company. i. Defects, liens, encumbrances, adverse claims or other matters, if any, created first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. ii. Subject to the usual printed exclusions and exceptions contained in the regular form of policy, reprinted for reference on the Addendum attached hereto. The following matters will be excepted in Schedule B of the policy to be issued: 1. Taxes and assessments collectible by the County Treasurer not yet due and payable for the year 2006. 2. Liabilities and obligations imposed by reason of the formation, by the City of Oro Valley, of a district for Oracle Road Improvement, dated December 7, 2004 - pending. 3. Any action by the County Assessor and/or Treasurer, altering the current or prior tax assessment, subsequent to the date of the Policy of Title Insurance. 4. Water rights, claims or title to water, and agreements, covenants, conditions or rights incident thereto, whether or not shown by the public records. This exception is not limited by reason of the disclosure of any matter relating to Water Rights as may be set forth elsewhere in Schedule B. 5. Reservations or exceptions in Patents or in Acts authorizing the issuance thereof. 6. Easements, restrictions, reservations and conditions as set forth on the recorded plat of said subdivision. 7. Matters as set forth in Declaration of Restrictions and Covenants Running with the Land recorded in Docket 7456, page 720. 8. Matters shown on surveys recorded in Book 16 of Survey Maps, page 63, and in Book 33 of Survey Maps, page 86. 9. Liabilities and obligations imposed upon said land by reason of its inclusion within Oracle Road Improvement District. SCHEDULE B (Continued) Order Number: 05005068, Amend. No. 1 10. Restrictions, Conditions, Covenants, Reservations, Liabilities and Obligations, including but not limited to any recitals creating easements or party walls, omitting, if any, from the above, any restrictions based on race, color, religion, sex, handicap, familial status or national origin contained in instrument recorded in Docket 12474, page 318. (Mercado Del Rio Property Owner's Association) 11. Easement for electric and communication facilities and rights incident thereto, as set forth in instrument recorded in Docket 12590, page 4179. REQUIREMENTS Order Number: 05005068, Amend. No.1 The County Recorder may not accept documents for recording which do not comply with Arizona Revised Statutes 11-480 which, among other things, requires the following: a) Print must be ten -point type (pica) or larger. b) Margins of at least one-half inch along the left and right sides, one-half inch across the bottom, and on the first page at least two inches on top for recording and return address information. (NOTE: Nothing must be contained in the margin areas, including initials.) c) Each instrument shall be no larger than 8-1/2 inches in width and 14 inches in length. The following requirements must be met and completed to the satisfaction of the Company before its policy of title insurance will be issued: 1. PAY full year 2005 taxes, Parcel No. 224-28-2550. 2. PROPER SHOWING that all assessments levied by the owners association have been paid. HOMEOWNER'S ASSOCIATION NOTE: A notice disclosing contact information and other details about the subject homeowner's association is recorded in Docket 12700, page 6220, records of Pima County, Arizona 3. APPROVAL by the parties to this transaction of the legal description contained herein. 4. APPROVAL by the parties to this transaction of Schedule B, Item No. 2. 5. THE RIGHT IS RESERVED to make additional exceptions or requirements upon submission of the name of the proposed insured, if other than shown herein. 6. THE RIGHT IS RESERVED to make additional exceptions or requirements upon submission of adequate information concerning the nature of the proposed transaction, if other than shown herein. 7. (INTENTIONALLY DELETED) (buyers status) 8. RECORD Deed from Lawyers Title Agency of Arizona, LLC, an Arizona Limited Liability Company, as Trustee under Trust No. 18080, to Michael J. Bankowski, a married man, as his sole and separate property. COMPLIANCE with A.R.S. 11-1133, which states that an affidavit must be completed by a seller and a buyer and appended to a deed or contract for the sale of real estate which is presented for recording. REQUIREMENTS (Continued) Order Number: 05005068, Amend. No. 1 NOTE: Disclosure of beneficiaries of Trust 18080 in compliance with A.R.S. 33-404 (A.R.S. 33- 401 prior to 8/18/87) is recorded in Docket 12430, page 3659. 9. RECORD Disclaimer Deed from , wife of Michael J. Bankowski, to Michael J. Bankowski, as his sole and separate property. 10. Purchasers by their signatures or initials below acknowledge that the Company will issue its LTAA Standard Owner's Policy. Purchaser: NOTE: The name(s) of the proposed buyers in this transaction has (have) not been searched in the public records and this commitment does not reflect matters such as liens, proceedings or decrees, which do not specifically describe the land which is referred to in this commitment. If any do exist, they may affect the title or impose liens or encumbrances upon the land herein described. Any loan policy issued pursuant to the terms hereof that insures the loan securing a purchase money obligation on residential property will insure that such matters, if any, are subordinate to the lien being insured herein. TAX NOTE: Year: 2005 Parcel No.: 224-28-2550 Total Amount: $1,423.55 First half: $711.78 - delinquent Second half. $711.77 Plus Interest: $47.45 —figure good thru March 31, 2006 (Property tax notices are mailed on or about September I" for the tax year due. First half taxes are due October 1 S` of the tax year shown and delinquent November I` of that same year. Second half taxes are due March I` of the following year and delinquent May 1" of the following year.) CHAIN OF TITLE (24 month)/VESTING NOTE: The subject property is currently vested in the party(ies) shown in Schedule A, Paragraph 4, by instrument recorded November 17, 2004, in Docket 12430, page 3659, records of Pima County, Arizona. A copy of said instrument is included with this Commitment or available upon request. ADDENDUM TO COMMITMENT FOR TITLE INSURANCE The policy or policies to be issued will contain exceptions to or exclusions from coverage as to the following matters unless the same are disposed of to the satisfaction of or by agreement with the Company. EXCEPTIONS TO STANDARD POLICIES 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interest or claims which are not shown by the Public Records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of the violation of any of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 8. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser of value without knowledge. 9. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 10. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. EXCLUSIONS FROM STANDARD POLICIES, ALTA OWNER'S POLICIES AND ALTA LOAN POLICIES 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of the violation of any of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the Public Records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction (vesting in the insured the estate or interest)(creating the interest of the mortgagee) insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the (estate or interest insured by this policy)(interest of the insured mortgagee) being deemed a fraudulent conveyance or fraudulent transfer, or (b) the subordination of the insured mortgage (if applicable) as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the (estate or interest insured by this policy)(interest of the .insured mortgagee) being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer, or (ii) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. In addition, as to an ALTA Loan Policy only: 5. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 6. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 7. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. NOTE: Exclusions 1 through 7 are exclusions from coverage in the regular form of the policy and said items cannot be eliminated. (All references to ALTA policies shall mean those as revised 10/17/92) EXCLUSIONS FROM ALTA HOMEOWNER'S POLICIES In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records, b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date. c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in Paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. STEWART TITLE & TRUST OF TUCSON, INC. PRIVACY POLICY NOTICE Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company, Stewart Title & Trust of Phoenix, Inc., Stewart Title & Trust of Tucson, Inc., Citizens Title & Trust, Safe Harbor LLC, and Automated Payment Center. PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company, Stewart Title & Trust of Phoenix, Inc., Stewart Title & Trust of Tucson, Inc., Citizens Title & Trust, Safe Harbor LLC, and Automated Payment Center. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non -financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. CHOPS RESTAURANT OV 1 —09 Pagel of 2 Ronquillo, David From: Gay, Shirley Sent: Monday, March 27, 2006 3:51 PM To: Ronquillo, David Subject: FW: CHOPS RESTAURANT OV1206-09 Shirley Gay Town of Oro Valley Development Coordinator 520-229-4849 -----Original Message ----- From: DTellez@Tep.com [mailto:DTellez@Tep.com] Sent: Monday, March 27, 2006 2:03 PM To: Gay, Shirley Subject: CHOPS RESTAURANT OV1206-09 SUBJECT: CHOPS RESTAURANT OV 1206-09 Tucson Electric Power Company (TEP) has reviewed the plan submitted March 16, 2006. TEP is unable to approve the plan at this time. There are existing electrical facilities within the boundaries of this project. In order for TEP to approve the plan the facilities must be depicted on the plans. Enclosed is a copy of a TEP facility map showing the approximate location of the existing facilities. All costs associated with the relocation of the facilities in conflict will be billable to the developer. Please resubmit two revised bluelines to Town of Oro Valley for TEP's review. You may contact the area Designer, Lisa Romero, at 918-8261 should you have any questions. Sincerely, Denise Tellez Scheduling Coordinator dt Enclosure cc: S. Gay, Town of Oro Valley (by e-mail) 03/29/2006 April 10, 2006 Shirley Gay Development Coordinator Town of Oro Valley Planning and Zoning Division 11,000 N. La Canada Drive Oro Valley, AZ 85737 Re: Project No. OV1206-09; Chops Restaurant (APN# 224282550) in a portion of the SE'/4 of S12, Tl2S, R13E, G&SRM, in the Town of Oro Valley, Pima County, Arizona. Dear Ms. Gay: On March 20, 2006, ASM received a Development Review Transmittal concerning the above -referenced property that included a survey report by Dr. David Stephen of Professional Archaeological Services & Technologies (PAST). The survey of the property resulted in the find of 6 isolated artifacts that do not meet the ASM guidelines for the definition of an archaeological site. Dr. Stephen recommends that no further archaeological work is necessary for the project to go forward. ASM concurs with this recommendation with the following proviso: If any human remains or funerary items are discovered during construction, or at any time, all work must cease in the vicinity of the remains and Mr. John Madsen, Repatriation Coordinator, at (520) 621-4795 must be contacted immediately, pursuant to A.R.S. §41-865 If you have any questions concerning this matter, please feel free to contact me. Sincerely, Su Benaron Assistant Permits Administrator (520)621-2096 sbenaronRemail. arizona. edu F. ANN RODR30=Z, RECORDER RECORDED BY: RJL DEPUTY RECORDER 9544 PE2 S OROV TOWN OF ORO VALLEY 11000 N LA CANADA ORO VALLEY AZ 85737 =KET: 12474 01 �I PAGE: 318 NO. OF PAGES: 30 30 wax SEQUENCE: 20050150127 fC 01/24/2005 ' o�by REST 09:27 PICKUP AMOUNT PAID $ 19.50 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MERCADO DEL RIO THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MERCADO DEL RIO (this "Declaration") is made and executed as of hk0-&,8 a Z�" , 2004, by Lawyers Title Agency of Arizona, Trust No. 18080-T, which is Declarant. ARTICLE 1 RECITALS 1.1 Declarant is the owner of the Property. Declarant intends to develop the Property into an integrated community of commercial buildings. As part of the development of the Property, Declarant intends, without obligation, that Lots comprising the Property will be sold or otherwise conveyed to Owners for the construction, use and occupancy of commercial buildings thereon. 1.2 Declarant has formed the Association, which will (i) own, operate, manage and maintain Common Use Areas included within or comprising the Property, (ii) establish, levy, and collect the Assessments and other charges imposed hereunder, and (iii) be the agent and representative of the Members of the Association and of the Owners to administer and enforce this Declaration and enforce the provisions hereof. 1.3 Declarant intends that the Covenants of this Declaration shall run with the land as to the Property and shall be binding upon the Property and all Lots and other portions thereof, and on all Owners, and their successors and assigns, from and after the date of the Recording of this Declaration, and that all conveyances of the Property shall be subject to the Covenants hereof. ARTICLE 2 DEFINITIONS 2.1 The following words, phrases or terms used in this Declaration shall have the following meanings: 5206415.7/11825.001 In "Annual Assessment" means the Assessments imposed for annual expenses pursuant to ARTICLE 9 hereof. "Applicable Law" means any and all constitutions, laws, statutes, ordinances, rules, regulations, judgments, decrees, orders, writs, injunctions and other directives of any federal, state, county, regional or municipal governmental body, official, agency, authority, judge, tribunal or other instrumentality applicable to or having jurisdiction over the Property, after taking into account the application of any validly granted, adopted or obtained variance, exception or special use right or permit. "Articles" means the Articles of Incorporation of the Association as the same may from time to time be amended or supplemented. "Assessable Property" means all Lots within the Property. "Assessment" means charges levied and assessed against each Membership pursuant to ARTICLE 9 hereof. "Assessment Lien" means the lien created and imposed by ARTICLE 9 hereof. "Association" means Mercado Del Rio Property Owners Association, an Arizona nonprofit corporation. "Association Documents" means this Declaration, the Articles, the Bylaws, the Design Guidelines and any Rules. "Board" means the Board of Directors of the Association. "Bylaws" means the Bylaws of the Association as the same may from time to time be amended or supplemented. "Capital Improvements" shall mean those items owned, repaired or maintained by the Association which individually have a life expectancy of three (3) years or longer and exceed $1,000.00 in value. Items of a like nature which are of a value less than $1,000.00 individually shall, when all such items aggregate more than $1,000.00, be considered a Capital Improvement. "Commercial Unit" means any building, structure or portion thereof situated upon a Lot which is designed and intended for use and/or occupancy for commercial purposes. "Common Expenses" means the expenses of operating the Association and performing the Association's duties and obligations. ,. "Common Use Areas" means Block A of the Property and all other portions of the Property upon which are located Infrastructure Improvements which have been or are to be 2 5206415.7/11825.001 constructed and installed by Declarant; the Common Use Areas are depicted on Exhibit A attached hereto, which is by this reference incorporated herein. "Covenants" means all of the covenants, conditions, restrictions, privisions, assessments, charges, servitudes, liens, reservations and easements set forth herein. "Declarant" means Mercado Del Rio, LLC, an Arizona limited liability company, and/or any Person or Persons to whom all or a portion of the rights, power and privileges reserved to Declarant under this Declaration are assigned in a Recorded instrument expressly assigning such rights. "Declaration" means this Declaration of Covenants, Conditions and Restrictions, as amended or supplemented from time to time. "Deed" means a deed, conveyance or other instrument conveying fee title to any portion of the Property. "Design Guidelines" means the Mercado del Rio Master Architectural Concept Plan approved by the Town and any additional and/or supplemental architectural or design guidelines established by the Board pursuant to the provisions of ARTICLE 6 below. "First Mortgage" means a Recorded deed of trust or mortgage encumbering a Lot which has priority over all other deeds of trust or mortgages encumbering the same Lot. "Infrastructure Improvements" means all improvements and installations which have been or are to be constructed and installed upon the Property by Declarant which are to be maintained by the Association pursuant to this Declaration, which shall include roadways, driveways, parking spaces on Block A, sidewalks, and adjacent landscaping and external lighting, utilities service lines and installations, and drainage facilities, but excluding catch basins installed on each of the Lots, the construction of which shall be the responsibility of the Owners. "Improvements" means all Commercial Units, Infrastructure Improvements and other buildings, structures and other improvements which are constructed or installed on the Property. "Lot" means any part of the Property designated as a numbered lot on the Plat; Block A designated on the Plat is not a Lot. "Member" means any Person holding a Membership in the Association pursuant to this Declaration. "Membership" means a membership in the Association and the rights granted to the Owners pursuant to ARTICLE 8 hereof to participate in the Association. 7 �1 2 3 5206415.7/11825.001 "Occupant" means each Person who is legally occupying or doing business in a Commercial Unit as the an employee, agent, tenant, licensee or independent contractor of, or otherwise with the permission of, the Owner of such Lot. "Owner" means (when so capitalized) the record holder of fee title to any portion of the Property other than those who hold such title merely as security for the performance of an obligation provided, however, that if legal title to any portion of the Property is vested of record in (i) a vendor under a valid and outstanding "contract" as defined in A.R.S § 33-741, the party who is the "purchaser" (as defined in said statute) of such portion of the Property shall be the "Owner" thereof for purposes of this Declaration, and (ii) a "trustee" as defined in A.R.S § 33- 801, the party who is the "trustor" (as defined in said statute) of such portion of the Property shall be the "Owner" thereof for purposes of this Declaration. If legal title to any portion of the Property is held in joint ownership by two or more Persons, all such Persons shall be the "Owner" of such Lot. "Person" means a natural person, corporation, partnership, limited liability company, trust or any other legal entity. "Plat" means that Final Plat of Mercado del Rio Lots 1-16 & Block A Recorded in Book 5PI of Maps, Pagel, Official Records of Pima County, Arizona, together with any amendment, modification or supplement thereof or thereto. "Property" means Lots 1 through 16 and Block A of Mercado del Rio, as established by the Plat. "Recording" or "Recordation" means placing an instrument of public record in the office of the County Recorder of Pima County, Arizona, and "Recorded" means having been so placed of public record. "Reserve Fund" means a fund established pursuant to Section 9.3 hereof. "Rules" means those rules and regulations applicable to the Property and Improvements adopted by the Board from time to time pursuant to the provisions of Section 7.4 hereof. "Special Assessment" means any Assessment levied and assessed pursuant to Section 9.9 hereof. "Town" means the Town of Oro Valley, Arizona, within which the Property is located. 4 5206415.7/11825.001 ARTICLE 3 PLAN OF DEVELOPMENT 3.1 General Declaration. Declarant intends that the Property be developed, used and enjoyed in accordance with and pursuant to the Plat and this Declaration, which establishes a general plan for development and use of the Property. All Lots and other portions of the Property shall be held, conveyed, hypothecated, encumbered, occupied, improved and transferred subject to this Declaration, as amended or modified from time to time; provided, however, that any portions of the Property which are dedicated to the public or a governmental entity for public purposes shall not be subject to this Declaration or the Covenants herein contained while owned by the public or the governmental entity. This Declaration is declared and agreed to be in furtherance of a general plan for the subdivision, development, improvement, sale, occupancy and use of the Property, and is established for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property and every part thereof. All Covenants contained in this Declaration shall run with the land as to all of the Property for all purposes and shall be binding upon and inure to the benefit of Declarant, the Association, all Owners and Occupants and their successors in interest. By acceptance of a Deed or by acquiring any interest in any portion of the Property, each Person, for himself, his heirs, personal representatives, successors, transferees and assigns, binds himself, his heirs, personal representatives, successors, transferees and assigns, to all of the Covenants now or hereafter imposed by this Declaration and any amendments thereof. In addition, each such Person by so doing thereby acknowledges that this Declaration sets forth a general plan for the development, improvement, sale, occupancy and use of the Property and hereby evidences his agreement that all Covenants contained in this Declaration shall run with the land and be binding upon all subsequent and future Owners, grantees, purchasers, assignees, tenants and transferees thereof. Each such Person fully understands and acknowledges that this Declaration shall be mutually beneficial, prohibitive and enforceable by the Association and all Owners. Declarant, its successors, assigns and grantees, covenant and agree that the Lots, Memberships in the Association and the other rights appurtenant to such Lots shall not be separated or separately conveyed, and each shall be deemed to be conveyed or encumbered with the respective Lots to which they pertain even though the description in the instrument of conveyance or encumbrance may refer only to the Lot. 3.2 Association Bound. This Declaration and the Covenants set forth herein shall be binding upon and shall benefit the Association. 3.3 Disclaimer of Representations. Notwithstanding anything to the contrary herein, Declarant makes no warranty or representation whatsoever that if the Property is once used for a particular use, such use will continue in effect. While Declarant has no reason to believe that any 1 of the Covenants contained in this Declaration are or may be invalid or unenforceable, Declarant 4. makes no warranty or representation as to the present or future validity or enforceability of such Covenants. Any Owner acquiring a Lot in reliance on one or more of such Covenants shall assume all risks of the validity and enforceability thereof and by accepting a Deed to a Lot agrees that Declarant shall not have any liability with respect thereto. 5 5206415.7/11825.001 ARTICLE 4 EASEMENTS AND RIGHTS OF ENJOYMENT IN COMMON USE AREAS 4.1 Easements of Use and Enioyment. Declarant and every Owner and Occupant of the Property shall have a right and easement of use and enjoyment in and to the Common Use Areas which shall be appurtenant to, and shall pass with, the title to every Lot subject to the following provisions: 4.1.1 The right of the Association, in compliance with Arizona law, to suspend a Member's voting rights and any other rights incidental to membership for violations of this Declaration. 4.1.2 The right of the Association to regulate the use of the Common Use Areas through the Rules and to prohibit or limit access to certain Common Use Areas, such as specified landscaped areas. The Rules shall be intended to maintain and preserve the Common Use Areas for the benefit, safety and convenience of the users thereof, and otherwise shall serve to promote the best interests of the Owners and Occupants. 4.1.3 The right of the Association to make minor adjustments in the size, shape or location of Common Use Areas, so long as, in each case, either (i) the Board determines that no Member is materially or adversely affected, or (ii) Members holding at least two-thirds (2/3) of the voting power of the Association have executed an instrument agreeing to such change in size, shape or location, exchange, abandonment or transfer. 4.2 Access Easements to Facilitate Development. 4.2.1 Declarant and each Owner shall have a blanket access easement over the Common Use Areas in order to construct Improvements thereon and in connection with the construction of Commercial Units on Lots within the Property. 4.2.2 Neither Declarant nor any Owner shall exercise any of the rights or easements reserved by or granted pursuant to this Section 4.2 in such a manner as to unreasonably interfere with the construction, development or occupancy of any part of the Property owned by other Owners. 4.2.3 The rights and easements reserved by or granted pursuant to this Section 4.2 shall continue during the term of this Declaration. Each Owner may make limited 1 temporary assignments of its easement rights under this Declaration to any Person performing construction, installation or maintenance of Improvements on any portion of the Property. "^ 4. 4.3 Utilities Easements. Nonexclusive, perpetual blanket easements for utilities services is hereby created over and through the Common Use Areas, and a limited, specific I easement over and through those portions of the Property shown as public utility easement areas 2 on any Plat is hereby created, for the purpose of: ' 6 5206415.7/11825.001 4.3.1 Installing, constructing, operating, maintaining, repairing or replacing equipment used to provide to any portion of the Property any utilities, including, without limitation, water, sewer, drainage, gas, electricity, telephone, cable and television service, whether public or private; 4.3.2 Ingress and egress to install, construct, operate, maintain, repair and replace such equipment; and 4.3.3 Exercising the rights under the easement. Such easements are hereby granted to any Person providing such utilities or installing, constructing, maintaining, repairing or replacing equipment related thereto. Any pipes, conduits, cables, lines, wires, transformers and any other apparatus necessary for the provision or metering of any utility may be installed or relocated only where permitted by Declarant or any Owner, where designated on the Plat, or.where approved by the Board. Equipment used to provide or meter such utilities or services may be installed aboveground during periods of construction if approved by Declarant and the Board. The Person providing or installing a utility or service pursuant to this easement shall install, construct, maintain, repair or replace the equipment used to provide or meter utilities as promptly and expeditiously as possible, and shall restore the surface of the Property and the Improvements situated thereon to their original condition as soon as possible. 4.4 Easement for Maintenance. The Association shall have an easement upon and over the Common Use Areas and the Lots for the purpose of maintaining the roadways, driveways, pavement, parking spaces, sidewalks, landscaping, utilities service lines and installations, external lighting, and drainageways and drainage areas, Improvements and facilities located on or within the Property. This easement shall terminate with respect to any Common Use Area on the date the Association's responsibilities with respect to maintaining such roadways, driveways, pavement, parking spaces, sidewalks, landscaping, utilities service lines and installations, external lighting, and drainageways and drainage areas, Improvements and facilities terminates. 4.5 Easements for Encroachments. If any Improvement constructed by or for Declarant or any Owner on any Lot now or hereafter encroaches on any other Lot or subdivided portion of the Property by an amount of deviation within customary construction tolerances, a perpetual easement is hereby granted to the extent of any such encroachment, and the Owner of the encroaching Improvement shall also have an easement for the limited purpose of the maintenance and repair of the encroaching Improvement. 4.6 Delegation of Use. Any Owner may, in accordance with this Declaration and the Rules, delegate his right of use and enjoyment of the Common Use Areas and the Improvements thereon to the Occupants of such Owner's Lot and the guests, invitees and customers of the Owner and such Occupants. 4.7 Drainage Easements. Certain portions of the Property, including certain specified Lots, shall be subject to drainage facilities which benefit other Lots. Each Lot on which 7 5206415.7/11825.001 are located drainage facilities benefiting another Lot or Lots shall be subject to an easement for the use and benefit of such other Lot or Lots and each Owner of a Lot subject to such easement shall be responsible for maintaining such drainage facilities in good condition and repair, and without obstruction, and permit the Association to enter onto such Lot as appropriate to maintain the drainage facilities. 4.8 Parking. Each Owner shall have the right to reserve up to seventy-five percent (75%) of the parking spaces on the Lot it owns for the exclusive use of the Owner, its Occupants and the guests, invitees and customers of the Owner and/or its Occupants. The reserved parking spaces for each Lot shall be designated on the specific development plan for that Lot or on a plan filed by the Lot Owner with the Association. Changes to the reserved parking spaces for each Lot shall be designated on a modified plan filed by the Lot Owner with the Association. The Association, other Owners and Occupants, all the Members and their respective guests, invitees and customers and the general public shall have an easement for parking in the remaining spaces on the Lots. As long as Declarant owns a Lot, Declarant may, in its sole and absolute discretion, increase the amount of reserved parking spaces permitted on each Lot to more than seventy-five percent (75%) of the total number of such spaces provided, however that the same percentage shall at all times apply to all Lots. 4.9 Landscape Easement. The Association shall have a perpetual easement for the Association to enter onto any part of the Property for the purposes of maintaining or replacing the landscaping on any portion of the Common Use Areas. This easement shall include the right of the Association to enter to maintain or replace any irrigation facilities, and for any other purpose relating to any landscaping on the Property. 4.10 Trailhead. There is a trailhead located on or near Block A of the Property as shown on the Plat. The general public shall have an easement over the Common Use Areas consisting of driveways, parking areas and sidewalks to obtain access to the trailhead. To further facilitate such access, the general public shall also have an easement for parking in not less than ten (10) parking spaces located on Block A of the Property designated by Declarant. 4.11 Easement for Vehicular Traffic. The general public shall have an easement for vehicular traffic on the roadways and parking area access lanes throughout the Property subject to reasonable rules and regulations enacted by the Board, and except for purposes of parking, which purpose is specifically otherwise provided for in this Declaration, specific development plans for the Lots and the Rules. The Association shall defend, indemnify and hold harmless all the Owners from any and all claims made against the Owners by those persons other than Owners, tenants, employees and Occupants related to the maintenance and use of the parking spaces and paved areas contained within a Lot. t 4.12 Other Easements. Declarant and each other Owner shall be entitled to grant 4 easements upon and over the Lots owned by them for the use and benefit of other Lots and the Owners of such other Lots provided, however, that such easements comply with, and do not violate, Applicable Law. 5206415.7/11825.001 ARTICLE 5 PERMITTED USES AND RESTRICTIONS 5.1 Commercial Purposes. All Lots and Commercial Units within the Property shall be used only for commercial or business purposes permitted under Applicable Law. The initial commercial use or uses to be conducted on each Lot shall be approved in writing by Declarant and, except as otherwise agreed or consented to by Declarant (Declarant being under no duty or obligation to so agree or consent), such approved use or uses shall be actively conducted for a period of not less than two (2) years, and no use not so approved shall be conducted on any Lot during the first two (2) years following the date on which actual conduct of an approved use commences thereon. The purpose of the foregoing requirements and restrictions as to the uses conducted on Lots is to assure an appropriate and beneficial mix of uses will be conducted on the Property for the mutual benefit and advantage of all Lots and the Owners and Occupants thereof. Declarant's authority to approve the uses to be conducted on Lots may be exercised in Declarant's sole and exclusive discretion. Declarant may prepare and cause to be Recorded a document stating the permitted use or uses which may be conducted on any Lot, which document shall be binding on all Owners and Occupants of such Lot. The Board shall have authority to enact Rules to implement this ARTICLE 5. 5.2 Automobile Services Uses. Automobile services uses shall be limited to Lots 11 through 15. All automobile service and repair activities on those Lots shall be screened from view such that the automobile service and repair activities are visible neither from Pusch View Lane nor from any other non -automobile service use Lots within the Mercado del Rio development. 5.3 Animals. No animal, bird, poultry or livestock shall be maintained on any Lot. The Board may enact reasonable Rules permitting exceptions to this prohibition for compelling business purposes. 5.4 Temporary Occupancy and Temporary BuildinL-. No trailer, incomplete structure, tent, shack, garage or barn, and no temporary buildings or structures of any kind, shall be placed on the Property at any time other than temporary buildings or structures used during and in connection with the construction of Improvements, which shall be removed immediately after the completion of such construction. 5.5 Diseases and Insects. No Owner shall permit any thing or condition to exist upon the Property or any Lot which shall or might permit, induce, breed or harbor infectious plant diseases or noxious insects. 7 5.6 Antennas. Subject to Applicable Law, no antenna, tower, aerial, satellite dish or 4 other device for the transmission or reception of television, telephone or radio (including amateur or ham radio) signals of any kind (collectively referred to herein as "antennas") will be allowed outside any Commercial Unit, except those antennas whose installation and use has been approved in writing by the Board, which approval will be granted only if. 64 9 5206415.7/11825.001 5.6.1 The antenna is designed to assure the minimal visual intrusion possible (i.e., is located in a manner that minimizes visibility from other Lots); and 5.6.2 The antenna complies to the maximum extent feasible with the Design Guidelines within the confines of applicable federal regulations. Any transmission cable for a receiver to a Building must be underground. The restrictions in this Section 5.6 shall be subject to any limitations imposed by Applicable Law. The Board is hereby vested with discretion to enact Rules to implement this Article to conform to Applicable Law. The Board may enact Rules that are more restrictive than this Section 5.6, if permissible by Applicable Law. 5.7 Mineral Exploration. No Lot nor Block A shall be used in any manner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, earth or any earth substance of any kind. 5.8 Trash Containers and Collection. No garbage or trash shall be placed or kept on any Lot or Block A, except in bins designated by the Board. All trash receptacle enclosure areas shall have gates with self -closing latches. The Board may adopt such reasonable Rules as it deems necessary regarding bins and collection of trash, including Rules to be in force on a temporary basis during any period of construction of Improvements on any Lot or Block A. All rubbish, trash or garbage shall be promptly removed from all Lots and shall not be allowed to accumulate thereon. No outdoor incinerators shall be kept or maintained on any Lot or Block A. 5.9 Single Vendors. The Board shall have the right to enter into exclusive contracts for services shared by the Owners, such as trash collection, security, street sweeping, cable and telecommunications. In the discretion of the Board, the Owners may enter into separate contracts with a designated provider. If the Board elects to enter into a contract to serve all the Owners through the Association, the Board may assess the cost of the service to the Owners directly, in the approximate percentage of the benefit to each Owner, as determined in the sole and absolute discretion of the Board. 5.10 Window Coverings. In no event shall the interior or exterior of any windows be covered with reflective material, such as foil, or with paper, bed sheets or other temporary coverings. The Board shall have the broadest authority to enact Rules relating to window coverings. 5.11 Heating, Ventilating and Air Conditioning Units. No heating, air conditioning or evaporative cooling units or equipment shall be placed, constructed or maintained upon the Property in any places other than as permitted under the Design Guidelines. 5.12 Solar Collection Panels or Devices. Subject to prior approval of the plans therefor by the Board, such approval to be subject to the restrictions of Applicable Law, solar collecting panels and devices may be placed, constructed or maintained upon any Lot, so long as either (a) such solar collecting panels and devices are placed, constructed and maintained so as not to be visible from other Lots, or (b) such solar collecting panels and devices are placed, constructed and maintained in such location(s) and with such means of screening or concealment 10 5206415.7/11825.001 as the Board may reasonably deem appropriate to limit, to the extent possible, the visual impact of such solar collecting panels and devices. The restrictions in this Section 5.12 shall be subject to any limitations imposed by Applicable Law. 5.13 Vehicles. No vehicles may be stored on the Property overnight other than vehicles directly used in the active conduct of uses or businesses being conducted on the Property, and such vehicles may only be stored on the Lot on which such use or business is being conducted. All vehicles parked on the Property must fit into a single designated parking space. The Board shall have the authority to enact reasonable Rules relating to vehicles and traffic on the Property. 5.14 Lighting. The Board may enact Rules relating to internal and external lighting on all portions of the Property. The rules may be all encompassing, including regulating wattage, direction, times when lighting is permitted and any other rule relating to lighting. 5.15 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate upon any portion of the Property for any unreasonable time, and no odors shall be permitted to arise therefrom, so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other portion of the Property in the vicinity thereof or to its Owners or Occupants. No loud, noxious or offensive activity shall be carried on or permitted on any Lot, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to Persons or property in the vicinity of such Lot, or which shall interfere with the quiet enjoyment of each of the Owners and Occupants provided, however, that the activities of, and consequences stemming from, uses and business conducted on the Property in accordance with Applicable Law and, if required, approved by Declarant, shall be deemed to be not in violation of this provision. The Board shall have the right to determine, in its sole discretion, whether the provisions of this Section 5.15 have been violated. Any decision rendered by the Board shall be enforceable and be binding in the same manner as other restrictions in this Declaration. 5.16 Drainage. No Owner or Occupant or other Person shall interfere with the drainage established for any portion of the Property by Declarant. No Owner or Occupant or other Person shall obstruct, divert, alter or interfere in any way with the drainage of ground and surface water upon, across or over any portion of the Lots, Common Use Areas or other portions of the Property, including, but not limited to, construction or installation of any type of structure or vegetation. 5.17 Leasing; Obligations of Tenants and Other Occupants. In the event an Owner rents or leases all or part of a Lot or Commercial Unit, such Owner must furnish the Board with a d completed tenant information form (provided by the Board) certifying that the tenant has agreed 7 to be bound by the Association Documents, and that the Owner accepts responsibility for the tenant's violation of the Association Documents. The Association shall be a third -party beneficiary of any such lease solely for the purpose of enforcing the Association Documents, and shall have the right to establish and charge fines against any Owner failing to enforce the provisions of the Association Documents against his tenant. The Association's third -party rights shall include the right to evict any tenant for violations of the Association Documents. All 11 5206415.7/11825.001 tenants must execute a crime -free lease addendum on a form provided by the Board. The Board may enact Rules requiring additional disclosures. All tenants shall be subject to the terms and conditions of the Association Documents. Each Owner shall cause his tenants or other Occupants to comply with the Association Documents and, to the extent permitted by Applicable Law, shall be responsible and liable for all violations and losses caused by such tenants or other Occupants, notwithstanding the fact that such tenants or other Occupants are also fully liable for such violations. The Board shall have authority to enact Rules relating to rentals. 5.18 Environmental Protections. No Lot nor Block A, nor any Improvements on any Lot or Block A, shall be used to generate, manufacture, refine, transport, treat, store, handle, dispose of, transfer, produce or process Hazardous Substances or solid waste, except in compliance with all applicable federal, state, and local laws or regulations. For purposes of this Section, "Hazardous Substances" shall be deemed to include pollutants or substances defined as "hazardous waste," "hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") as amended by the Superfund Amendments and Reauthorization Act of 1986 (PL 99-499); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Toxic Substance Control Act, 15 U.S.C. Section 2601, et seg.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et "se the Arizona Environmental Quality Act, Laws 1986, Chap. 368; and in the rules or regulations adopted and guidelines promulgated pursuant to said laws. 5.19 Property Restrictions. No further covenants, conditions, restrictions or easements shall be Recorded by any Owner, Occupant or other Person against any Lot without the provisions thereof having been first approved in writing by the Board, and any such instrument which is Recorded without such approval being evidenced thereon shall be null and void; provided, however, that without prior approval of the Board, Declarant shall have the right to record additional covenants, conditions, restrictions or easements against any Lot or other portion of the Property owned by Declarant either prior to or simultaneously with the conveyance of any such Lot or other portion of the Property to an Owner. Notwithstanding the foregoing or anything else in this Declaration to the contrary, no such instrument Recorded by an Owner shall operate to modify or amend this Declaration but, in the event that such covenants, conditions and restrictions impose restrictions on the use or occupancy of the real property subject to such instrument which are more restrictive than the restrictions set forth in this Declaration, the more restrictive provisions shall prevail. No application for rezoning, variances or use permits pertaining to any Lot or other portion of the Property shall be filed with any governmental authority by any Person unless (i) the application has first been approved by Declarant, so long as Declarant owns any portion of the Property, and thereafter by the Board, and (ii) the proposed use otherwise complies with this Declaration. Notwithstanding anything contained in this Declaration to the contrary, none of the restrictions contained in this Declaration shall be construed or deemed to limit or prohibit any act of Declarant, its employees, agents and tl subcontractors, or parties designated by it (i) in connection with the sale or disposition of Lots, or (ii) during the course of construction of Infrastructure Improvements on any portion of the Property. 12 5206415.7/11825.001 5.20 Repair of Building. No Commercial Unit on any Lot shall be permitted to fall into disrepair and each such Commercial Unit shall at all times be kept in good condition and repair and adequately painted or otherwise finished. In the event any Commercial Unit is damaged or destroyed, then, subject to the approvals required by ARTICLE 6 below, such Commercial Unit shall be immediately repaired or rebuilt or shall be demolished. 5.21 Signs. No signs whatsoever (including, but not limited to, commercial, political and similar signs) shall be erected or maintained on any Lot except signs that Comply with the Mercado del Rio Sign Criteria, copies of which shall, on request, be provided to all Owners and Occupants by Declarant or the Board. 5.22 Utility Service. No lines, wires, or other devices for the communication or transmission of electric current or power, including telephone, television, and radio signals, shall be erected, placed or maintained anywhere in or upon any Lot or Block A unless the same shall be contained in conduits or cables installed and maintained underground except as otherwise approved by the Board in writing. This Section 5.22 shall not apply (i) to the extent (if any) such underground or concealed placement may be prohibited by Applicable Law, and (ii) to any above ground structures and/or media for transmission as may be originally constructed by Declarant or are otherwise approved by the Board in writing. No provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of Commercial Units. 5.23 Right of Entry. During reasonable hours and upon reasonable prior notice to the Owner or other Occupant(s) of a Lot, any member of the Board or the Board, or any authorized representative thereof, shall have the right to enter upon and inspect such Lot, and the Improvements thereon, for the purpose of ascertaining whether or not the provisions of this Declaration have been, or are being, complied with, and such Persons shall not be deemed guilty of trespass by reason of such entry. 5.24 Declarant's Exemption. Nothing contained in this Declaration shall be construed to prevent the erection or maintenance by Declarant, or its duly authorized agents, of Improvements or signs necessary or convenient to the development or sale of Lots and, in connection therewith, Declarant shall have the right and authority to permit and authorize the construction and installation of temporary signage which is necessary or convenient to the development and sale of any Lots. 5.25 Crime and Drug Free. The Board shall have the right and power to enact Rules prohibiting criminal and drug activity on the Property, including the right to assess fines and 1. evict, dispossess and/or oust tenants or Occupants who engage in such activity. The Association 4 shall have the right and power to require Occupants and Owners to sign reasonable contracts and 7 documents to assure there is no criminal and drug related activity on the Property. 05.26 Subdivision and Combination. No Owner may subdivide a Lot without the t prior written approval of the Board, which approval may be withheld by the Board in its sole discretion for any reason whatsoever or for no reason at all. No Owner or Owners may combine two (2) or more Lots except in compliance with Applicable Law. In the event of a subdivision or 13 5206415.7/11825.001 combination of Lots, Declarant reserves the right to amend this Declaration, without the consent of any mortgagees, to reflect the terms and conditions thereof. ARTICLE 6 ARCHITECTURAL CONTROL 6.1 Supplemental Design Guidelines. Subject to obtaining any required approval from the Town, the Board may adopt additional and/or supplemental architectural guidelines, standards and procedures which shall, upon their adoption constitute part of the Design Guidelines. 6.2 Approval Required. No Improvement shall be constructed or installed on any Lot, nor shall any addition, alteration, repair, change or replacement which in any way alters the exterior appearance of any Improvement be made or done, without the prior written approval of the Board that the construction, installation, addition, alteration, repair, change or other work of, to or on such Improvement complies with the Design Guidelines. Any Owner desiring approval of the Board for the construction, installation, addition, alteration, repair, change or replacement of any Improvement shall submit to the Board a written request for approval specifying in detail the nature and extent of such construction, installation, addition, alteration, repair, change, replacement or other work which the Owner desires to perform. Any Owner requesting the approval of the Board shall also submit to the Board any additional information, plans and specifications which the Board may reasonably request. If the Board fails to approve or disapprove an application for approval within forty-five (45) days after an application meeting all of the requirements of this Declaration and of the Design Guidelines and additional information, plans and specifications requested by the Board have been submitted to the Board, the application will be deemed to have been approved. The approval by the Board of any construction, installation, addition, alteration, repair, change or other work shall not be deemed a waiver of the Board's right to withhold approval of any similar construction, installation, addition, alteration, repair, change or other work subsequently submitted for approval. 6.3 Review Standards. The Board shall have the authority to charge a reasonable fee for the review process outlined in this ARTICLE 6. In reviewing plans and specifications for any construction, installation, addition, alteration, repair, change, replacement or other work which must be approved by the Board, the Board, among other things, may consider the quality of workmanship and design, harmony of external design with existing structures and location in relation to surrounding structures, topography and finish -grade elevation. The Board may disapprove plans and specifications for any construction, installation, addition, alteration, repair, change or other work which must be approved by the Board pursuant to this ARTICLE 6 if the Board reasonably determines that the proposed construction, installation, addition, alteration, 41, repair, change, replacement or other work (i) would violate any provision of this Declaration, (ii) does not comply with any Design Guideline, (iii) is not in harmony with existing Improvements in the Property or with Improvements previously approved by the Board but not yet constructed, (iv) is not aesthetically acceptable, or (v) would be detrimental to or adversely affect the appearance of the Property, (vi) is not in accord with the general plan of development for the Property. 14 5206415.7/11825.001 6.4 Effect of Approval. The approval required by the Board pursuant to this ARTICLE 6 shall be in addition to, and not in lieu of, any approvals or permits which may be required under Applicable Law. The approval by the Board of any construction, installation, addition, alteration, repair, change or other work pursuant to this ARTICLE 6 shall not be deemed a warranty or representation by the Board as to the quality of such construction, installation, addition, alteration, repair, change or other work or that such construction, installation, addition, alteration, repair, change or other work conforms to Applicable Law. 6.5 Exemptions. The provisions of this ARTICLE 6 shall not apply to, and approval of the Board shall not be required for: 6.5.1 The construction, erection, installation, addition, alteration, repair, change or replacement of any Improvements made by or on behalf of Declarant; 6.5.2 The construction, erection or installation of any. Commercial Units which are constructed in accordance with plans and specifications therefor which have previously been approved by Declarant in writing; or 6.5.3 The repair, replacement or reconstruction of damaged or destroyed Improvements to substantially the same condition and appearance previously approved or exempt from approval, in accordance with the provisions of this ARTICLE 6. ARTICLE 7 ORGANIZATION OF ASSOCIATION 7.1 Formation of Association. The Association is a nonprofit Arizona corporation charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 7.2 Board and Officers; Management. The affairs of the Association shall be conducted by the Board elected in accordance with this Declaration and the Articles and Bylaws, and such officers as the Board may elect or appoint in accordance with the Articles and the Bylaws as the same may be amended from time to time. The Board shall be composed of at least three (3) members. The Declarant, in its sole discretion, shall appoint the initial members of the Board and shall appoint all replacement or additional members of the Board until the earlier of (i) the date Declarant ceases to be an Owner of an undeveloped Lot or ceases active efforts to sell any undeveloped Lot or Lots it owns, and (ii) December 31, 2010. Within fifteen (15) days after tl the date on which Declarant's right to appoint the members of the Board ends, the Board shall 7 schedule a meeting of the Members to be held not later than thirty (30) days after the date on which Declarant's right to appoint the members of the Board ends, at which meeting the Members shall elect an entire new Board. The Board may also appoint various committees and may appoint a manager who shall, subject to the direction of the Board, be responsible for the ' day-to-day operation of the Association. The Board shall determine the compensation to be paid to any manager or any other employee of the Association. Notwithstanding anything contained 15 5206415.7/11825.001 in the foregoing or elsewhere in this Declaration to the contrary, Declarant shall have the right to designate and to determine the compensation to be paid to the initial manager for the Association. The Board shall have the authority to expand the definition of Common Use Areas. 7.3 Role of Association. The Association's primary responsibilities will be the maintenance of all Common Use Areas and the administration and enforcement of this Declaration. 7.4 Association Rules. The Board may, from time to time and subject to the provisions of this Declaration, adopt, amend and repeal Rules to be known as the Mercado del Rio Property Owners Association Rules, which shall apply to, restrict and govern the use of the Property and the Lots. The Rules shall not be inconsistent with this Declaration, or the Articles or Bylaws of the Association. Upon adoption, the Rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. 7.5 Personal Liability. None of Declarant, the Board Members, Association committee members or officers, nor any manager or other employee of the Association shall be personally liable to any Member, or to any other Person, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of the Association, the Board, the manager, any representative or employee of the Association or any committee, committee member or officer of the Association. ARTICLE 8 MEMBERSHIPS AND VOTING 8.1 Owners of Lots. Each Owner of a Lot originally established by the Plat shall automatically be a Member of the Association. Each such Membership shall be appurtenant to and may not be separated from ownership of the Lot to which the Membership is attributable, and joint ownership or ownership of undivided interests in any Lot which establishes a Membership shall not cause there to be more Memberships than the number established for purposes of this Section 8.1. Each Owner shall have one (1) Membership for each Lot owned by such Owner within the Property as shown on any Plat. If any Lot originally established by the Plat is further subdivided, the Membership attributed thereto shall be allocated to the subdivided portions thereof as provided in the applicable recorded resubdivision plat, record of survey or other document effecting the subdivision of such Lot. If two (2) or more Lots originally established by the Plat are combined, the Memberships attributed thereto shall be allocated to the resulting combination of Lots. 8.2 Right to Vote; Declarant's Retention of Class B Voting Rights. No change in the ownership of a Membership shall be effective for voting purposes unless and until the Board is given actual written notice of such change and is provided with satisfactory proof thereof. The vote for each such Membership must be cast as a unit and fractional votes shall not be allowed. If a Membership is owned by more than one Person or entity and such Owners are unable to agree amongst themselves as to how their vote or votes shall be cast, they shall lose the right to vote on the matter in question. If any Member casts a vote representing a certain Membership, it A �1 3 16 5206415.7/11825.001 will thereafter be conclusively presumed for all purposes that such Member was acting with the authority and consent of all other owners of the same Membership unless objection thereto is made at the time the vote is cast. In the event more than one vote is cast for a particular Membership, none of said votes shall be counted and all said votes shall be deemed void. The Association shall have two (2) classes of voting Members, as follows: 8.2.1 Class A. Class A Members shall be all Owners except Declarant. A Class A Member shall have the voting rights per Lot as reflected on the table contained in Section 9.11 below. 8.2.2 Class B. The Class B Member shall be Declarant. The Class B Member shall have 50 votes as long as Declarant owns an undeveloped Lot. The Class B Membership shall automatically cease and be converted to a Class A Membership upon the happening of the first of the following events: 8.2.2.1 The date that is one hundred twenty (120) days after the date on which Declarant ceases to be an Owner as to at least one undeveloped Lot; 8.2.2.2 December 31, 2010; or 8.2.2.3 The date on which Declarant in writing relinquishes its Class B Membership and/or its right to vote all Class B Memberships. 8.3 Membership Rights. Each Member shall have the rights, duties and obligations set forth in this Declaration and such other rights, duties and obligations as are set forth in the Articles and the Bylaws, as the same may be amended from time to time. 8.4 Transfer of Membership. The rights and obligations of the Owner as a Member of the Association shall not be assigned, transferred, pledged, conveyed or alienated in any way except upon transfer of ownership to an Owner's Lot and then only to the transferee of ownership of the Lot. A transferor of a Lot must notify the Board of the transfer in writing, and shall remain liable for all obligations hereunder until the transferor so notifies the Board. A transfer of ownership of a Lot may be effectuated by deed, intestate succession, testamentary disposition, foreclosure of a mortgage or deed of trust of record or such other legal process as is now in existence or as may hereafter be established under or pursuant to Applicable Law. Any transfer of the ownership of the Lot shall operate to transfer the Membership appurtenant to said Lot to the new Owner thereof. I ARTICLE 9 2 it P py COVENANT FOR ASSESSMENTS AND CREATION OF LIEN 4 9.1 Creation of Assessment Right; Covenants to Pay. In order to provide funds to enable the Association to pay its obligations, there is hereby created a right of assessment exercisable on behalf of the Association by the Board. Assessments shall be for Common Expenses and reserves and shall be allocated among the Lots in accordance with the Assessment Allocation Chart set forth in Section 9.11 below. All increases in Assessments, and all Special 17 5206415.7/11825.001 Assessments, shall be allocated to the Lots pro-rata according to the Assessment Allocation Chart. Each Owner, by acceptance of his deed to a Lot, is deemed to covenant and agree to pay the Assessments with respect to such Owner's Lot. Each Owner failing to pay an Assessment within fifteen (15) days of the date the Assessment is due shall also pay a late charge as set by the Board from time to time. The initial late charge shall be the greater of Fifteen Dollars ($15.00) per month or ten percent (10%) of the unpaid Assessment. Late charges shall be subject to any limitations imposed by Applicable Law. The Owner shall also pay all costs and attorneys' fees incurred by the Association in seeking to collect such Assessments and other amounts. The Assessments with respect to each Lot, together with interest, costs and attorneys' fees as provided in this Section 8.1, shall also be the personal obligation of each Person who was an Owner of such Lot at the time such Assessments were levied with respect to such Lot. No Owner shall be relieved of the obligation to pay any of the Assessments by abandoning or not using his Lot or the Common Use Areas, or by leasing or otherwise transferring occupancy rights with respect to his Lot. However, upon transfer by an Owner of fee title to such Owner's Lot and with written notice to the Board, such transferring Owner shall not be liable for any Assessments thereafter levied with respect to such Lot. The obligation to pay Assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of Assessments or set-off shall be claimed or allowed by reason of the alleged failure of the Association or Board to take some action or perform some function required to be taken or performed by the Association or Board under this Declaration, the Articles or the Bylaws. 9.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively to promote and protect the rights and interests of the Owners and Occupants in the Property and in the Association, for the improvement and maintenance of the Common Use Areas, and for all purposes set forth in the Articles, including but not limited to, management fees, insurance premiums unless otherwise provided for, expenses for maintenance, repairs and replacements of Common Use Areas, and charges for water and other utilities for the Common Use Areas. 9.3 Reserve Fund. A portion of the Assessments levied by the Association may used to establish and maintain a Reserve Fund under control of the Board to be used of unexpected maintenance, repair or replacement of Improvements which the Association is obligated to maintain, repair or replace or for the performance of other duties of the Association. The Reserve Fund shall be held and accounted for separately from other funds of or held by the Association. 9.4 Lien for Assessments; Foreclosure. There is hereby created and established a lien in favor of the Association against each Lot which shall secure payment of all present and future Assessments assessed or levied against such Lot or the Owner thereof, together with any other amounts levied against such Lot or the Owner thereof pursuant to the Association al Documents. Such lien shall be prior and superior to all other liens affecting the Lot in question, except: (a) taxes, bonds, assessments and other levies which, by law, are superior thereto; and (b) the lien or charge of any First Mortgage made in good faith and for value, whether before or after assessment or levy of such Assessment. Such liens may be foreclosed in the manner provided by law for the foreclosure of mortgages. The sale or transfer of any Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of the 18 5206415.7/11825.001 Assessments as to payments which became due prior to such sale or transfer, but shall not relieve such Lot from liability for any Assessments becoming due after such sale or transfer, or from the lien thereof. The Association shall have the power to bid for any Lot at any sale to foreclose the Association's lien on the Lot, and to acquire and hold, lease, mortgage and convey the same. During the period the Lot is owned by the Association, no right to vote shall be exercised with respect to that Lot and no Assessment shall be assessed or levied on or with respect to that Lot; provided, however, that the Association's acquisition and ownership of a Lot under such circumstances shall not be deemed to convert the same into so-called "common areas." Recording of this Declaration constitutes record notice and perfection of the liens established hereby, and further Recordation of any claim of a lien for Assessments or other amounts hereunder shall not be required, whether to establish or perfect such lien or to fix the priority thereof, or otherwise (although the Board shall have the option to cause Recording of written notices of claims of lien in such circumstances as the Board may deem appropriate). 9.5 Other Sanctions for Non -Payment. The Board may invoke any or all of the sanctions provided for in this Declaration, or any other reasonable sanction, to compel payment of any Assessment or installment thereof which is not paid when due (a "Delinquent Amount"). Such sanctions include, but are not limited to, the following: 9.5.1 Interest and Late Fees. The Board may impose late fees for payment of any assessment or installment thereof that is not made within fifteen (15) days of the due date, and interest in such amounts as it determines are appropriate from time to time, subject to any limitations stated herein or imposed by law which such amounts shall be secured by the aforementioned liens; 9.5.2 Suspension of Rights. The Board may suspend for the entire period during which a Delinquent Amount remains unpaid the obligated Owner's voting rights and any and all other rights (except that any voting rights which are retained by Declarant as provided herein shall not be subject to suspension by the Board regardless of whether any Delinquent Amount remains unpaid with respect to the Lot or Lots subject to such voting rights) and rights to use and enjoy the Common Areas, in accordance with the procedures that conform to Applicable Law; 9.5.3 Collection of Delinquent Amount. The Board may institute an action at law for a money judgment or any other proceeding to recover the Delinquent Amount; 9.5.4 Recording of Notice. The Board may record a notice of lien covering the Delinquent Amount plus interest, late fees and accrued collection costs as provided in this Declaration. The Board may establish a fixed fee to reimburse the Association or its 41 representative for the cost of recording the notice, processing the delinquency and recording a l notice of satisfaction of the lien; and 1 9.5.5 Foreclosure of Lien. The Board may foreclose the Recorded lien against 11 the Lot in accordance with Applicable Law relating to the foreclosure of realty mortgages (including the right to recover any deficiency). 15 19 5206415.7/11825.001 9.6 Computation of Annual Assessments; Annual Budget. The Board shall adopt a budget for each fiscal year of the Association, which budget shall serve as the basis for determining the Annual Assessments for the applicable fiscal year. The annual budget shall include contributions to the Reserve Fund described in Section 9.3 above. Within a reasonable period following the meeting of the Board at which it adopts the budget for the year in question, the Board shall deliver or mail to each Owner a copy of the budget and a statement of the amount of Annual Assessments to be levied against each Lot for that year. In the event the Board fails to adopt a budget for any fiscal year prior to commencement of such fiscal year, then until and unless such budget is adopted, the budget (and the amount of the assessments provided for therein) for the year immediately preceding shall remain in effect. Except as provided in Section 9.8, neither the budget nor any Annual Assessment levied pursuant thereto shall be required to be approved by the Owners. 9.7 Due Dates. Assessments for each fiscal year shall be due and payable as determined by the Board. Assessments shall be deemed paid when actually received by the Association or by its designated manager or agent (but if any Assessments are paid by check and the bank or other institution upon which such check is drawn thereafter dishonors and refuses to pay such check, those Assessments shall be deemed not paid and shall remain due and payable with interest accruing from the date such Assessments were originally due). If the Board collects assessments on any basis other than annually, there shall be a late fee on each installment not paid within fifteen (15) days of its due date. 9.8 Maximum Annual Assessment. The Assessments provided for under Section 9.6 shall not at any time exceed the "Maximum Annual Assessment," as determined in accordance with this Section 9.8. For the fiscal year ending December 31, 2005, the Maximum Annual Assessment for each Lot shall be determined by the Board. Thereafter, except as provided below, unless a greater increase is approved by a vote of more than fifty percent (50%) of the votes of the Members represented in Person or by proxy at a meeting of Members called for such purpose at which a quorum is present, the Maximum Annual Assessment for any fiscal year shall be equal to the Maximum Annual Assessment for the immediately preceding fiscal year automatically increased by an amount not exceeding ten percent (10%) of the previous Annual Assessment. Further, notwithstanding the foregoing, the Board may, without the approval of the Members, increase the Maximum Annual Assessment for any fiscal year by an amount sufficient to permit the Board to meet any increases over the preceding fiscal year in: (i) premiums for any insurance coverage required by this Declaration to be maintained by the Association; and (ii) charges for utility services necessary to the Association's performance of its obligations under this Declaration, notwithstanding the fact that the resulting increase in the Maximum Annual Assessment is greater than otherwise permitted under the third sentence of 2 this Section 9.8. Increases in Annual Assessments shall be subject to any limitations imposed by 4 Applicable Law. 4 9.9 _Special Assessments. In addition to the Annual Assessments under Section 9.6, the Association may levy a Special Assessment but only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a Capital Improvement owned by the Association or for defraying other extraordinary expenses. Special Assessments shall be assessed uniformly among the Owners. 20 5206415.7/11825.001 9.10 Transfer Fee. To ensure that the Association will have adequate funds to meet its expenses or to purchase necessary equipment or services, each Person who purchases a Lot shall, immediately upon acquiring title to such Lot, shall pay into the Association an operating expense fee of $500.00 or such greater amount as is from time to time determined by the Board. Funds paid to the Association pursuant to this Section 9.10 may be used by the Association for payment of operating expenses or any other purpose permitted under this Declaration. Payments made pursuant to this Section 9.10 shall be nonrefundable and shall not be offset or credited against or considered as advance payment of the Annual Assessment or any other Assessments levied by the Association pursuant to this Declaration. Payments made pursuant to this Section 9.10 shall not be used in calculating the Maximum Annual Assessment pursuant to Section 9.8 hereof. 9.11 Votes and Allocation of Assessments. One (1).vote is attributable to each Lot. The allocation of the assessments among the Lots and Lot Owners is as follows: LOT ASSESSMENT PERCENTAGE 1 9.3 2 6.1 3 5.3 4 14.3 5 3.9 6 4.8 7 4.5 8 6.3 9 7.1 10 6.3 11 7.3 12 5.0 13 4.7 14 3.9 15 3.9 16 7.3 TOTAL 100% i 4. 21 5206415.7/11825.001 ARTICLE 10 USE OF FUNDS; BORROWING POWER 10.1 Purposes for which Association's Funds May Be Used. The Association shall apply all funds and property collected and received by it (including the Annual Assessments, Special Assessments, fees, loan proceeds, surplus funds and all funds and property received by it from any other source) for the common good and benefit of the Property and the Members and Occupants by devoting said funds and property to, among other things, the acquisition, construction, alteration, maintenance, provision and operation, by any manner or method whatsoever, of any and all land, properties, improvements, facilities, services, projects, programs, studies and systems, within or without the Property, which may be necessary, desirable or beneficial to the general common interests of the Property, the Members and the Occupants. The following are some, but not all, of the areas in which the Association may seek to aid, promote and provide for such common benefit: maintenance of landscaping on the Property and public right-of-way and drainage areas serving the Property, maintaining the Common Use Areas as provided in this Declaration, obtaining of liability insurance, supplying of utilities and other public services, providing for communication and transportation within and dissemination of information concerning the Property, obtaining legal and accounting services for the Association, indemnification of officers and directors of the Association and generally protecting the health and safety of the Members and the Occupants. The Association may also expend its funds for any purposes which any municipality may expend its funds under Applicable Law. 10.2 Borrowing Power. The Association may borrow money in such amounts, at such rates, upon such terms and security, and for such period of time as is necessary or appropriate; provided, however, that no Lot or other portion of the Property shall be subjected to a Mortgaged or be otherwise encumbered without the approval of at the Owner thereof. 10.3 Association's Rights in Spending Funds From Year to Year. The Association shall not be obligated to spend in any year all the sums received by it in such year (whether by way of Annual Assessments, Special Assessments, fees or otherwise), and may carry forward as surplus any balances remaining. The Association shall not be obligated to reduce the amount of the Annual Assessment in the succeeding year if a surplus exists from a prior year and the Association may carry forward from year to year such surplus as the Board in its discretion may determine to be desirable for the greater financial security of the Association and the accomplishment of its purposes. .10.4 Insurance. The Association may maintain (i) insurance against liability incurred as a result of death or injury to Persons or damage to property on the Common Use Areas, (ii) 4 directors and officers liability insurance, and/or (iii) such other insurance as the Board determines 4 appropriate with the amount and type of coverage to be determined by the Board. a� 22 5206415.7/11825.001 ARTICLE 11 MAINTENANCE 11.1 Common Use Areas and Public Rights -of -Way. The Association, or its duly delegated representative, shall, in the exercise of its discretion, maintain and otherwise manage, all Common Use Areas. The Association shall also maintain and replace (i) all parking spaces and pavement areas located on portions of the Property other than the Common Use Areas (ii) all landscaping installed on the Property by Declarant, and all utilities related to the landscaping. The Association may also maintain any other Improvements on Lots which are within the exterior boundaries of the Property and which are intended for the general benefit of the Owners and Occupants of the Property, except the Association shall not maintain areas which (a) Pima County or another governmental entity is maintaining, or (b) are required to be maintained by the Owners of Lots. The Association shall, in the discretion of the Board: 11.1.1 Reconstruct, repair, replace or refinish any Improvement or portion thereof upon Common Use Areas; 11.1.2 Replace injured and diseased trees and other vegetation on any Common Use Areas and plant trees, shrubs and ground cover to the extent that the Board deems necessary for the conservation of water and soil and for aesthetic purposes; 11.1.3 Trim all shrubs on the Property so as to maintain an eighteen (18) inch height where appropriate or necessary for visibility and/or crime prevention purposes; 11.1.4 Place and maintain upon any Common Use Areas such signs as the Board may deem appropriate for the proper identification, use and regulation thereof; and 11.1.5 Do all such other and further acts which the Board deems necessary to preserve and protect the Common Use Areas and the beauty thereof, in accordance with the general purposes specified in this Declaration. The Board shall be the sole judge as to the appropriate maintenance of all Common Use Areas and other properties maintained by the Association. Any cooperative action necessary or appropriate to the proper maintenance and upkeep of said properties shall be taken by the Board or by its duly delegated representative. 11.2 Delegation of Maintenance Responsibility. In the event any of the Association Documents permit the Board to determine whether Owners of certain Lots will be responsible for 7 maintenance of certain Common Use Areas or public right-of-way areas, the Board shall have the sole discretion to determine whether it would be in the best interest of the Owners and/or Occupants of the Property for the Association or an individual Owner to be responsible for such maintenance, considering cost, uniformity of appearance, location and other factors deemed relevant by the Board. The Board may cause the Association to contract with others for the performance of the maintenance and other obligations of the Association under this ARTICLE 11 23 5206415.7/11825.001 and, in order to promote uniformity and harmony of appearance, the Board may also cause the Association to contract to provide maintenance services to Owners of Lots having such responsibilities in exchange for the payment of such fees as the Association and Owner may agree upon. 11.3 Streetlights. The Association, or its duly delegated representative, shall operate, maintain and replace any and all streetlights within the Property that are installed by Declarant as part of the Infrastructure Improvements, and the costs thereof shall be included in the Assessments. In its sole and absolute discretion, the Board may add additional lighting on the Lots or the Property, which the Association shall operate, maintain and replace. 11.4 Assessment of Certain Costs of Maintenance and Repair of Common Use Areas and Public Areas. In the event that the need for maintenance or repair of Common Use Areas and other areas maintained by the Association is caused through the act of any Member, his Occupants, customers, guests, tenants or invitees, or the guests, customers or employees of the tenants, the cost of such maintenance or repairs shall be due within thirty (30) days of notice and shall be added to, and become a part of, the Assessment to which such Member and the Member's Lot is subject, and shall be secured by the Assessment Lien. Prior to submitting a bill for such costs, the Board shall cause a notice to be sent to Owner specifying the maintenance or repairs and Owner shall have the right to object to his responsibility. Following the Board's consideration of such objection, the Board may absolve the Owner or demand that Owner pay the bill within the thirty (30) day period provided above. The decision of the Board shall be final and binding. Any charges or fees to be paid by the Owner of a Lot in connection with a contract entered into by the Association with an Owner for the performance of an Owner's maintenance responsibilities shall also become a part of such Assessment and shall be secured by the Assessment Lien. 11.5 Improper Maintenance and Use of Lots. The Owners of the Lots shall be responsible for maintenance of the Lots (excluding the Common Use Areas), including, but not limited to, the parking spaces; all paved surfaces within a Lot, the Buildings and Improvements on a Lot, any and all lighting on a Lot and all utilities on a Lot. In the event any portion of any Lot is so maintained as to present a public or private nuisance, or as to substantially detract from the appearance or quality of the surrounding Lots, or in the event any portion of a Lot is being used in a manner which violates this Declaration, or in the event the Owner of any Lot is failing to perform any of its obligations under this Declaration or the other Association Documents, the Board may by resolution make a finding to such effect, specifying the particular condition or conditions which exist, and pursuant thereto give notice thereof to the offending Owner that unless corrective action is taken within fourteen (14) days, the Board may cause such action to be taken at said Owner's cost. If at the expiration of said fourteen (14) day period of time the requisite corrective action has not been taken, the Board shall be authorized and empowered to tl cause such action to be taken (either by undertaking such corrective actions or bringing suit to compel the offending Owner to undertake such corrective action) and the cost thereof, together with any attorney's fees expended by the Association in connection therewith, shall be added to, and become a part of, the Assessment to which the offending Owner and the Owner's Lot is I subject, if any, and shall be secured by the Assessment Lien. 24 5206415.7/11825.001 11.6 Conveyance of Infrastructure Improvements. Upon completion of construction of the Infrastructure Improvements, Declarant shall execute and deliver a quit -claim deed of Block A to the Association and a quit -claim assignment of the Infrastructure Improvements to the Association. Upon the delivery of such deed and such assignment, the Association shall be deemed to have assumed all responsibility for Block A and the ongoing maintenance, repair and restoration of the Infrastructure Improvements. After conveyance of Block A to the Association, the Association shall not further convey Block A without the consent of Members entitled to at least two-thirds (2/3) of the votes of all Members in the Association. ARTICLE 12 RIGHTS AND POWERS OF ASSOCIATION 12.1 Association's Rights and Powers as Set Forth in Articles and Bylaws. In addition to the rights and powers of the Association set forth in this Declaration, the Association shall have such rights and powers as are set forth in the other Association Documents. Such rights and powers, subject to the approval thereof by any agencies or institutions deemed necessary by Declarant, may encompass any and all things which a Person could do or which now or hereafter may be authorized by Applicable Law, provided, however that such other Association Documents are not inconsistent with the provisions of this Declaration and are necessary, desirable or convenient for effectuating the purposes set forth in this Declaration. Copies of the Articles, the Bylaws and any Rules of the Association shall be available for inspection at the office of the Association during reasonable business hours. 12.2 Rights of Enforcement of Provisions of This and Other Instruments. The Declarant, for so long as it owns any portion of the Property within the Plat and/or controls voting rights of a Class B Member as set forth in Section 8.2 above, and the Association, as the agent and representative of the Members, shall each have the right to enforce the provisions of this Declaration. However, if Declarant or the Association shall fail or refuse to enforce this Declaration or any provision hereof for an unreasonable period of time after written request to do so, then any Member may enforce them on behalf of the Association, by any appropriate action, whether in law or in equity, but not at the expense of the Association, unless the Board, in its business judgment, has affirmatively determined that it would be inappropriate under the circumstances to seek or permit such enforcement, in which latter case enforcement shall not be permitted by any Member and no Member may bring an action against the Board or Declarant for failure to so enforce or permit the enforcement of the Association Documents. 12.3 Contracts with Others for Performance of Association's Duties. Subject to the restrictions and limitations contained herein, the Association may enter into contracts and transactions with others, including Declarant and its affiliated companies, and such contracts or1 transactions shall not be invalidated or in any way affected by the fact that one (1) or more directors or officers of the Association, or members of any committee, is employed by, or otherwise affiliated or connected with, Declarant or its affiliates, provided, however, that the fact 4. of such interest shall be disclosed or known to the other directors acting upon such contract or 52 transaction, and provided further, that the transaction or contract is fair and reasonable. Any such director, officer or committee member may be counted in determining the existence of a quorum 25 5206415.7/11825.001 at any meeting of the Board or committee of which he is a member which shall authorize any contract or transaction described above or grant or deny any approval sought by Declarant or its affiliated companies or any competitor thereof and may vote thereat to authorize any such contract, transaction or approval with like force and effect as if he were not so interested. 12.4 Public Arts. Subject to obtaining any required approval from the Town, all funds to be provided by Owners for use for art in public areas of the Project in accordance with the Town Code of the Town shall be (i) used and expended for and with respect to the Property as a whole, and not for or with respect to particular Lots, and (ii) administered and expended by Declarant, until such time as Declarant ceases to be a Class B Member, and thereafter the Board. ARTICLE 13 TERM; AMENDMENTS; TERMINATION 13.1 Term; Method of Termination. This Declaration shall be effective upon the date of its Recordation and, as amended from time to time, shall continue in full force and effect for a term of twenty (20) years from the date this Declaration is Recorded. From and after said date, this Declaration, as amended, shall be automatically extended for successive periods of ten (10) years each, unless there is an affirmative vote to terminate this Declaration by the then Members casting sixty-seven percent (67%) or more of the total votes cast at a meeting held for such purpose within six (6) months prior to the expiration of the initial effective period hereof or any ten (10) year extension. This Declaration maybe terminated at anytime if (i) ninety percent (90%) of the votes entitled to be cast by the Members have been cast in favor of termination at a meeting held for such purpose, and (ii) if Declarant at that time owns a Lot, Declarant has voted in favor of termination. Anything in the foregoing to the contrary notwithstanding, no vote to terminate this Declaration shall be effective unless and until the written consent to such termination has been obtained, within a period from six (6) months prior to such vote to six (6) months after such vote, from the holders of First Mortgages to which the Assessment Lien is subordinate pursuant to Section 9.3 above, on seventy-five percent (75%) of the Lots upon which there are such First Mortgages. If the necessary votes and consents are obtained, the Board shall cause to be Recorded a Certificate of Termination, duly signed by the President or Vice President and attested by the Secretary or Assistant Secretary of the Association, with their signatures acknowledged. Upon such Recording, this Declaration and the Covenants set forth herein shall have no further force and effect, and the Association shall be dissolved pursuant to the terms set forth in its Articles. 13.2 Amendments. This Declaration may be amended by a Certificate of Amendment, duly signed and acknowledged. The Certificate of Amendment shall set forth in full the d amendment adopted, and, except as provided in Section 13.3 below, shall certify that, at a meeting duly called and held pursuant to the provisions of the Articles and Bylaws, the Owners casting at least seventy-five percent (75%) of the votes then entitled to be cast voted affirmatively for the adoption of the Amendment and by Declarant, if Declarant at that time owns a Lot. 13.3 Right of Amendment to Correct Drafting Errors. Declarant reserves the right to amend all or any part of this Declaration to such an extent and with such language as may be 26 5206415.7/11825.001 appropriate to correct drafting errors. Any such amendment shall be effected by the Recording of a Certificate of Amendment duly signed by or on behalf of Declarant, with its signature acknowledged. ARTICLE 14 BOARD OF DIRECTORS POWER TO ENFORCE 14.1 Board of Directors Power to Enforce. The Board of Directors shall have the authority to enforce all uses and restrictions contained in this Declaration and all decisions of the Board. The Board shall act as the final arbiter of any dispute related to the uses and restrictions contained in ARTICLE 5. The Board shall act as the final interpreter of any of the provisions in this Declaration and all Rules and Design Guidelines. The Board shall adopt reasonable Rules for the conduct of any disputes or disagreements as to or involving the provisions of this Declaration, the Rules and the Design Guidelines. ARTICLE 15 GENERAL PROVISIONS 15.1 Interpretation of the Covenants. Except for judicial construction, the Association, by its Board, shall have the exclusive right to construe and interpret the provisions of this Declaration. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Association's construction or interpretation of the provisions hereof shall be final, conclusive and binding as to all Persons and property benefited or bound by the Covenants and provisions hereof. 15.2 Severability. Any determination by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. 15.3 Perpetuities and Restraints on Alienation. If any of the options, privileges, Covenants or rights created by this Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provision shall continue until twenty-one (21) years after the death of the last living survivor of the now living descendants of the President of the United States on the date hereof. 15.4 Rules. In addition to the right to adopt Rules pertinent to the matters expressly mentioned elsewhere in this Declaration, the Board shall have the right to adopt Rules with respect to all other aspects of the Property and the Association's rights, activities and duties, I provided said rules and regulations are not expressly inconsistent with the provisions of this 4. Declaration. t 15.5 References to the Covenants in Deeds. Deeds to, and instruments affecting, any Lot or any other part of the Property may contain the Covenants herein set forth by reference to this Declaration; but regardless of whether any such reference is made in any Deed or instrument, each and all of the Covenants shall be binding upon the grantee, Owner or other Person claiming 27 5206415.7/11825.001 by, through or under such Deed or instrument and each of their heirs, executors, administrators, successors and assigns. 15.6 Gender and Number. Wherever the context of this Declaration so requires, words used in the masculine gender shall include the feminine and neuter genders, words used in the neuter gender shall include the masculine and feminine genders, words in the singular shall include the plural, and words in the plural shall include the singular. 15.7 Captions and Titles. All captions, titles or headings of the Articles and Sections in this Declaration are for the purpose of reference and convenience only and are not to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof. 15.8 Notices. If notice of any action or proposed action by the Board or any committee or of any meeting is required by Applicable Law, by this Declaration or by resolution of the Board to be given to any Owner or Occupant then, unless otherwise specified herein or in the resolution of the Board, such notice requirement shall be deemed satisfied if notice of such action or meeting is mailed by first class mail, postage prepaid, addressed to the intended recipient at the address of any Lot of which such Person is an Owner or Occupant. This Section shall not be construed to require that any notice be given if not otherwise required and shall not prohibit satisfaction of any notice requirement in any other manner. 15.9 Waiver. The waiver of or failure to enforce any breach or violation of this Declaration will not be deemed a waiver or abandonment of any provision of this Declaration or a waiver of the right to enforce any subsequent breach or violation of this Declaration. The foregoing shall apply regardless of whether any Person affected by this Declaration (or having the right to enforce this Declaration) has or had knowledge of the breach or violation. IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year first above written. Lawyers Title Agency of Arizona, an Arizona Limited Liability Company as Trustee under Trust No. 180 -T ffice Trust O J Zs 5206415.7/11825.001 STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) On this day of 4e�t&1t,� 2004, before me, the undersigned officer, personally appeared, w o acknowledged himself to be, Trust Officer of Trust No. 18080-T: whom I know personally; whose identity was proven to me on the oath of a credible witness by me duly sworn; whose identity I verified on the basis of his and he, in such capacity, being authorized so to do, executed the foregoing instrument for the purposes therein contained on behalf of that entity. IN WITNESS WHEREOF, I her eunt set my hand and offic'al seal. NOTARY SEAL: �Q _ - Notary Public _ OFFICIAL SEAL DORIS J. CLARK NOTARY PUBLIC-ARIZONA PIMA COUNTY My COMM). E : ,. March 7'- 2008 - 29 5206415.7/11825.001 EXHIBIT A DEPICTION OF COMMON USE AREAS U 4 5206415.7/11825.001 .08/04/2003 11:10 �58252636 PAST — ARCENEWISTS PAGE 01 CULTURAL RESOURCES SURVEY OF THE PUSCH VIEW LANE PROJECT NEAR ORO VALLEY, PINTA COUNTY, ARIZONA Submitted to: Donley Commercial 1950 R. Palisades Road Tucson, AZ $5737 Submitted by Professional Archaeological Services of Tucson 5036 Golder Ranch Rd. Tucson, AZ 55739.4265 . Prepared by David V.M. Stephen Ph.D. Principal Investigator State AntlquiNes PomW No. 3003-3561. P.A.S.T. Cuihxal Resources Report No. 031579 e/4/7o03 A. R�'a /. L i'1,1i 08/84/2003 11:10 M208252636 PAST-.AMM=)LOGIST5 PAGE 02 ii P.A.S.T. ABSTRACT & PROJECT SUMMARY FORM P.A.S.T. JOB NO.031579 OVERVIEW. An on -foot cultural resources survey of private property (17 acres) In anticipation of land development near Oro Valley In Pima County identified no cultural resources and 6 isolated artifact(s). Margins of parcel have been altered by drainage channel and river Walkwnv- •D• v , P. 1::, ; +:. tw :.•'� b; �:k,7, .1bc. 5:.. - Nfi �'»«:..,.J'•: o r. .. 11 . �S::r.!'1.-��° ••• =::�4 ;<;�kiR ---a1 �� ft va�'t•t� • w - '�INI Donley Commercial RONJM • r�y""'£ li^i.�7 > w BOMB Tn 10 . ~' t' 9x• f . `r:a?y d i:=.t ..-'...-..'s",:.-.._4:...:,_r..:;�;:.r.1"1_5..`1;i#;1.x��.._.'J'.1�1.�±�::a?riI'e.i•.gi:Ibi'."r:-G;w:• ti�i;.;:;�^.tY�:r:.;a:_it.:1 YtiYtSn'•`2RK • 08/04/2003 11:10 --)I08Y52636 PAST - AIEMMLOGISTS PAGE 03 Pusch View Lane, Page i Cultural Resources Survey Of The pusch View Lane Project Near Oro Valley, Pima, County, Arizona PAST No. 031579 Introduction. Personnel from P.AS.T. conducted a 1 person -day, survey of the Pusch View Lane property on July 30, 2003 located in Pima County near Oro Valley In anticipation of commercial development. The purpose of the project was to determine whether any significant cultural resources that might be. adversely impacted by construction were present. The project sponsor (Donley Commercial) initiated this study in accordance with municipal requirements. P.A.S.T. holds permit 2003-35BL Issued under the Arizona Antiquities Act through the Arizona State Museum. Project Location and Ownership. The approximately 17 acre project area is located to the north westem portion of the Tucson Basin (Figure 1). The project area is Iodated on the Oro valley United States Geological Survey 7.5' map. The location with respect to the Public Land Survey is within the the SE4 of the SE4 of section 12 T12S R13E G&SRS&M. The UTM.values for selected boundary points are shown on the map to provide the dimensions of the .parcel. The boundary shown on the map is reasonably accurate given the limitations of a 1:24.000 scale map. If is based on data and maps provided by the client as well as field observations but it is not intended to -represent the precise legal extent of the parcel. Unless otherwise noted, land ownership coincides with the parcel and survey boundary shown in Figure 1. The fieldwork was conducted on private lands. ' Base Maps Included In Report Figure 1 is a copy of a portion of the U.S.G.S. Oro Valley 7.5-minute topographic map tfiat shows the project boundaries, archaeological sites within the project area, and all isolated artifacts and features found during the survey. Projects extending across multiple maps are so noted on page H and in the lower left of Figure 1. BACKGROUND TO STUDY AREA: Effective Environment. The study area is within the Basin and Range physlographic province at an approximate elevation of 2.550 feet. Project area vegetation is typical of the Arizona Upland subdivision of the Sonoran besertscrub biotic province (Turner and Brown 1482) predominately comprised of mesquite, polo verde. annual groses and acacia. Records Review. A review of the records of the Arizona State Museum (ASM), in anticipation o1 the survey revealed that the subject parcel had not undergone a complete archaeoioglcol survey or sufficient time has passed since an earlier study suggesting heretofore undiscovered cultural resources may have been subsequently exposed that would not have been documented by the initial field work. The ASM records, as well as the other USA 08/84/2003 11:10—08252636 PAST — AF=MLOGISTS PAGE 04 Pusch View Lane, Page 2 archives indicated on the associated project form, revealed no recorded cultural resources on the inspected parcel.. Previously recorded cultural resources within a 100 meter perimeter around the project boundary are noted since such resources may account for the presence of isolated non -site cultural. entities found on the parcel. Recorded cultural resources within a 1.6 kilometer radius of the center of the project area are listed on the project summary form and in Table A-2. Culture History. The antiquity laws apply to human cultural remains In excess of 50 years of age and require them to be assessed as to their potential for yielding important. information. Consequently, sites and artifacts dating from the mid twentieth century and earlier must be evaluated. The -historical period that commenced in roughly 1700 is comprised of the Spanish, Mexican and Anglo occupations with some researchers recognizing the protohistoric as a transitional culture from the earlier prehistoric occupations. The prehistoric peoples who lived In this region include the Hohokam, Archaic and Poleoindian cultures. The Hohokam (A.D. 450 - 14501, The Hohokam were a sedentary, agriculture -based .people who produced both plain and decorated pottery, along with numerous other crafts of shell, stone and clay. They were skillful agriculturists who lived in houses built in shallow pits and constructed extensive Irrigation canal systems. in some of the larger villages, they built ballcourts that probably served as focal points for ceremonial. or recreational activities. Whether the Hohokam migrated into the region from Mexlco. or developed from indigenous Archaic populations is still hotly debated. The Hohokam cultural sequence was established in the 1930s based on the decorated pottery types unearthed at the Snaketown Site in life Phoenix Basin. - Shortly thereafter,.: Isobel Kelly modified this chronology to fit the Tucson Basin sequence after her excavations at the Hodges Ruin in Tucson. Since that time, the continual acquisition of new archaeological data has brought about many refinements in the chronology. Archaic Era (507 0 B.C. - A.D. 4501, The Archaic ero has traditionally been characterized by assemblages of chipped stone artifacts along with ground stone tools forr processing plant materials, and a lack of ceramics. Recent research in the Tucson Basin and elsewhere has demonstrated the presence of pit house villages, agriculture and some ceramics in the late Archaic. The shift from a hunting -based economy to a reliance on plant foraging and small -game hunting that characterized the Archaic sites was caused by the extinction of Pleistocene mammals favored by the Paleoindians. Paleo-Indian Era (ca. 10,000 - 7500 6,5Z.). Eleven thousand years ago, the climate in the Southwestem United States was considerably wetter and cooler than It is today, and much of the terrain consisted of lush grasslands that supported herds of mammoth, bison and other large grazing animals. Many of the earliest occupants of the area, known as Paleoindians, were hunters who subsisted on these large, late Pleistocene mammals. The belief that many of the Paleoindians were primarily big -game hunters Is supported by the fact that most of the Paleo-Indian sites that have been excavated have been kill and butchering sites. The artifact assemblages from these sites ore made up of projectile points and other stone tools suitable for skinning animals and cutting meat and bone. The earliest. Paleo-Indian artifacts found 6"southern Arizona F.AS.T. Twcron. ATr *u USA 524.12LIS36 88/04/2003 11:10 E06252636 PAST - ARC---OGISTS PAGE 05 Pusch View Lane, Page 3 belong to the Clovis complex (9500-9000 -B.C.), which is characterized by long, lanceolote, fluted Clovis points, along with other stone implements and bone artifacts. Survey Expectations. This project's study area was located in a portion of southern Arizona that is conducive to prehistoric and/or historical settlement. Therefore, it was considered a reasonable likelihood that prehistoric or historical sites would be found during the survey. CULTURAL RESOURCES SURVEY: Methods. The field work consisted of on, intensive on -foot coverage of the property by our staff in order to Identify and locate any cultural resources. historic or prehistoric, within the property boundaries. Field personnel (A. Lenhrt) were spaced approximately 20 meters apart and crossed the subject property In a series of contiguous corridors with any areas of extreme slope covered less Intensively. Survey transects paralleled the longest dimension of the property except when prevented by the landform, vegetation density or hydrological features. Unless noted otherwise, the transect count Is the quotient of the transect eXtent and parcel width. General conditions were excellent for conducting the fieldwork. Ground visibility was mininlmatly effected by the presence of trees, shrubs, semi -shrubs, succulents and grasses. The original land -form was mildly disturbed by modem alterations to the ground surface. Survey Results. The Information'derived from the field work is generally in keeping with the expectations generated from archival and literature sources. There were no surface Indications of archaeological resources on the property which meet the Arizona State Museum minimum standard for recording as an archaeological site or that would be eligible for inclusion in the National Register of Historic Places. A total of b isolated artifacts or non - site features were noted (see Table A 1). As relevant, discussions of non -site resources are presented below. More recent cultural manifestations identified during the survey Include walkway, drainage channel, informal trails and a light scatter of trash.' All appear to be modem In origin. Evaluation of Cultural Resources. Although archaeological and historical sites may qualify for formal recording under state standards, they generally are not considered significant unless they are eligible for listing in the Arizona or National Register of Historic Places. According to the current standards a property must possess sufficient integrity, significance and antiquity to be listed in the Register. In addition to being at least 50 years of age a resource must meet the criteria set forth below: The quality of significance in American or Arizona history, architecture. archaeology, and culture is present in districts. sites, buildings, structures, and objects that possess integrity of location, design, setting. materials, workmanship, feeling, and association, and: A) that are associated with events that have made a significant contribution to the broad patterns of our history; or B) that are associated with the lives of persons significant in our past; or l."T. Toom a USA e8/84/2003 11:10 =8252636 PAST - ARC01=1STS PAGE 06 Pusch View Lane, Page 4 C) that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose . components may lack individual distinction: or D) that have yielded, or may be likely to yield. Information important in prehistory or history (National Pork Service 1986) Eligibility Evaluation. No cultural resources were located during the course of the field work in the project area appear to be more than 50 years old. Consequently it is not germane to assess significance under any of the criteria listed above. Evaluation Of Effects Of The Proposed Project Considering the cultural resources found on the property, the development of the inspected parcel will not have an effect on potentially significant cultural resources. Recommendations, Based on the archival. information, field methods, the observable surface indications and because none of the materials observed on the subject property hove potential to provide important archaeological or historical Information beyond what was obtained for this project, P.A.S.T. supports approving the sponsor's application. Although P.A.S.T. does not endorse additional archaeological studies for this project, ground disturbing activities on the property should not commence without authorization by the agency archaeologist(s). There remains the possibility that ground disturbing activities could reveal the presence of heretofore undiscovered cultural resources. If such materials are discovered construction activities should stop. Consultation should be initiated with the cognizant agency archaeologist, and If applicable under ARS §41-841 et seq. the Arizona State Museum, to assess the potential significance 'of any materials unearthed. Under State law (ARS 41-§865 & §41-844) if human skeletal remains or funerary objects are discovered on either public or private lands the Arizona State Museum should be contacted immediately. NOTE FOR ADOi INVOLVED PROIECS: If previously unidentified cultural resources are. encountered during activity related to the use of this source. the contractor shall stop work immediately at that location and shah take oil reasonable steps to secure the preservation of those resources. The Engineer will contact the ADOT Environmental Plonr*V Group. Historic Preservation Team at 602.712.8641 and make arrangements for the proper treatment of those resources. LITERATURE CITED National Park Service 1986 Guidelines for Completing National Register of Historic Places Forms. Department of the Interior. Copies available from Bulletin No.16. National Register of Historic Places. Turner, R. and D. Brown 1982 Sonoran Desertscrub. In'Slolic Communities o1 the American Southwest - United States and Mexico, edited by D. Brown, pp. 116-121. University of Arizona for Boyce Thompson Southwestern Arboretum, Superior, Arizona. 'rre�4b Arl�oe► USA e:a.sseasu ,? M 08/04/2003 11:10 158252636 PAST - AM; ISTS PAGE 07 Pusch View Lane. Page 5 REPORT TABLES Table A-1. Isolates Provenience (all UTM Zone 12) Total isolated artifacts: 6 Isolates per acre: <1 GPS Datum: NAD27 ® WGS64 ISO # Eosting Northin Kind Comments a 503301 3584329 Scatter of 4 sherds b 503355 3584271 pw c $03633 39WS0 PW d e f h k I m to -tan lJ�lJdl•A�-ATllt� (IndWIdval ArWGcU: l•W RARIwAI� ow a Yca.c+ww,cr...a vwr�cr •,....s, w - v......... ... , ... - ..-.. . - _ _, (Non-sU GgMag: Un a mW40e adrad sc~, NIP w nc-As hdwm Table A-3. Table of Recorded Sites Within 1.6 km Radius (all G&SRB&M) ASM Quad Site Numbers 1111:9 2, 3, 75, 225 1:3 10 FF:9 37 Table A-3. Site Management Summary table (all G&SRB&M) fordy requited whenareater than 3 sites are located ASMO Status I/R/Secflon owner. shtp Content or Age isgue? Additional Work Recommended P.AS.T. Tums, Arhasm vsA sir. 1153536 0 08/84/2003 11:10 3808252636 PAST - ARE-_OGISTS PAGE 08 Pusch View Lane, Page 6 Fig. 1 U.S.G.S. 7.5' MAP tiro Valley (BB:9 (II 1579b 507,000 6W'000 504,000 505,000 AW SY - — '{ , ' ,� t 1 ; f • f `�.` t tJ`-t �....��a� W T f y 16 � t,'� 't� : +, •,t a t.!-�s a- 3,595.000 '' ww�� . `. }Y .._./...._. ' J{; _faAy�/.. f." �M k ;►�... -`- 3 585 000 qt .. ice."S �y-'• � .�'�,t .,. r� ,F ` _� „_ ,-_ _: j `\"'..E�:'"'�� 11YI.7Nl.lA/,Q�.1MNZ1t• �•:! IR.7MQiti81 d! • IY iiM �A�NZi2L �•f" V 3,584.000 .1°' ,. • � Cam," •� i i "11 S'Lr t r r •COPP'-•' ..1J i'� . wa • }r.' 3,583.000 ! «�.� `• r `` 't 1 .- .r 3,583,000 • [ - 'a 502.000 $03,000 504,00D 54000 0 Y. Yi Ntik 192T North Amer an Datum; UTM ptd zom 12 O 1000 2000 Feet Generated by ftT*07 pLOW) Amap Z compied t'rom usOS Quaff . Oro vlsaey; ® P.A.S.T. PAST No. 031 S79 Sec. 12 712S R 13E G&SRB&M August. 03 NOTE Due to the sensitivity of she locations, only sites within the project area are depicted on the mop Site location as well as their geometric representation and extent are approximate. NT MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION JULY 19, 2006 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:00 PM CALL TO ORDER 5:00 P.M. ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member EXECUTIVE SESSON AT OR AFTER 5:00 PM MOTION: A MOTION was made by Council Member Dankwerth and SECONDED by Council Member Carter to go into Executive Session for -the following purpose: Pursuant to ARS 38-431.03.A(1), Council may vote to go into Executive Session for the discussion and consideration of selection, appointment and employment of a new Town Manager, including interview of internal applicant(s). Mayor Loomis announced that in addition to the Town Council, Assistant Town Manager David Andrews and Human Resource Director Sandra Abbey would also be present in Executive Session. MOTION CARRIED, 7 — 0. MOTION: A MOTION was made by Vice Mayor Parish and SECONDED by Council Member Dankwerth to go out of Executive Session at 6:54 p.m. Motion carried, 7 — 0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:00 P.M. ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Helen Dankwerth, Council Member 07/19/06 Minutes, Council Regular Session 2 Barry Gillaspie, Council Member Al Kunisch, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings and events. COUNCIL REPORTS - No reports. DEPARTMENT REPORTS — No reports. TOWN MANAGER'S REPORT — No report. CALL TO AUDIENCE — Art Segal, 10148 N. Bighorn Butte, stated that many people are questioning the status of theTown's fire service, Golder Ranch Fire District annexations and rate increases. He asked if there were any alternatives for neighborhoods that might not want to be annexed into the Golder Ranch Fire Service area. Council Member Abbott requested that the Town Manager or Legal staff visit with Mr. Segal regarding his questions and concerns. 1. PRESENTATIONS — Presentation of Plaques of Appreciation to outgoing Board and Commission members Mayor Loomis presented Plaques of Appreciation to the following outgoing Board and Commission Members: Development Review Board — Mary Caswell and David Johnson; Finance & Bond Committee — Lyra Done; Parks & Recreation Advisory Board — Laura Clark, Tom Honebrink and Mark Arneson; Planning & Zoning Commission — Don Manross; Storm Water Utility Commission — Peter Salonga, and Water Utility Commission — Mike Caporaso, Gregg Forszt and Kelle Maslyn. -- Presentation of $1,000 for the Naranja Town Site by the Northern Pima County Chamber of Commerce Jeff Jones and Ken Blanchard representing the Northern Pima County Chamber of Commerce presented the Town with a check in the amount of $1,000 for the Naranja Town Site fund. 07/19/06 Minutes, Council Regular Session 3 Presentation of $1,000 for the Naranja Town Site by James Kriegh James Kriegh presented the Town with a personal check in the amount of $1,000 for the Naranja Town Site fund. Mayor Loomis also recognized Satish Hiremath (Hiremath Family Dentistry) and Kit and Paula Donley (Mercado del Rio) for their $1,000 donations for the Naranja Town Site fund. Vice Mayor Parish also thanked Ventana Medical Systems for "leading the charge" with their previous donation and challenge to others to donate to the Naranja Town Site fund. Presentation of the Governmental Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the Town's FY 2004/05 Comprehensive Annual Financial Report Mayor Loomis explained that the Town has received a Certificate of Achievement for Excellence in Financial Reporting by the Governmental Finance Officers Association for the twelfth consecutive year. He presented the award to. Accounting Supervisor Mary Rallis and thanked her for her hard work. -- Presentation of Design — 2006 Transportation Art by members of the Youth Summer Program Parks and Recreation Administrator Ainsley Reeder introduced Amy Kyle, Artist Supervisor, and the local high schools students who worked on the "Oro Del Cairns" project that is located on La Canada between Tangerine Road and . Moore Road. Ms. Kyle and the students presented a PowerPoint presentation showing the design of the project and pictures of the students at work. The following students were associated with the project and spoke to the Council about their experience on the project: Bryce Tierney, Sabrina Savage, Zane Guiterrez, Julie Mayes, Samantha Huggins, Tanya Brandom, Shawna Brandom, Ethan Sandoval and Angela Ralambos. 2. CONSENT AGENDA At the request of Council Member Dankwerth, Mayor Loomis pulled Items J and O from the Consent Agenda for discussion. MOTION: A MOTION was made by Vice Mayor Parish and SECONDED by Council Member Gillaspie to approve the Consent Agenda minus Items J and O. A. Minutes - 05/25/06; 05/31/06; 06/07/06; 06/12106; 06/21/06 07/19/06 Minutes, Council Regular Session 4 B. Building Safety Report - June 2006 C. Police Department Monthly Report - May 2006 D. Water Utility Report on Emergency Pipeline Repairs E. Status Report regarding Rancho Vistoso Boulevard and Innovation Park Drive Traffic Signal F. Resolution No. (R)06-49 Authorizing the Town of Oro Valley Police Department to enforce speed limits and other safety measures on the "Loop Road", privately owned by Vestar, that will run through Oro Valley Marketplace G. Resolution No. (R)06-50 Authorizing the execution of a grant application by the Oro Valley Police Department to the Governor's Office of Highway Safety for funding light towers, traffic control signs, laptop, projector and screen H. Resolution No. (R)06-51 Authorizing the execution of an Intergovernmental Agreement between the Town of Oro Valley and the City of Tucson for fixed route bus and ADA Paratransit Certifications pursuant to Arizona Revised Statutes, Section 11-952 I. Resolution No. (R)06-52 Affirming the Town of Oro Valley's commitment to share in the construction of a .6-mile long shared use path along the Canada Del Oro Wash between First Avenue and Steam Pump Ranch contingent on the successful procurement of a 2006 round 14 Transportation Enhancement Grant in the amount of $500,000 J. Resolution No. (R)06-53 Approving the establishment of "No parking" signs in the twelve hammerhead areas in the Catalina Shadows subdivision (PULLED FOR DISCUSSION) K. Resolution No. (R)06-54 Entering into a Memorandum of Understanding (MOU) between Public Safety Employees and the Town of Oro Valley pursuant to Chapter 4, Section 4-1-8 of the Town Code, Public Safety Employee Relations and Processes for the period of July 1, 2006 through June 30, 2007 L. Resolution No. (R)06-55 Authorizing and executing an amended License Agreement between the Town of Oro Valley and the Monterra Hills Homeowners Association to allow for the placement of lettering on existing decorative walls within the Naranja Drive right0of-way at Sawtooth Road M. OV5-06-04 Approval of a public art application related to development of Splendido Retirement Community, located on the east side of Rancho Vistoso Boulevard just south of Vistoso Highlands Drive, Parcel #219-21-627B (Continued from June 7, 2006) N. OV5-05-01 B Approval of public art for Kohl's Department Store within the Oracle Crossing Shopping Center, located south of Magee Road and on the west side of Oracle Road O. OV12-04-14A Approval of a one year time extension to expire on June 15, 2007 for a Preliminary Plat, located on the southwest 07/19/06 Minutes, Council Regular Session corner of Tangerine Road and First Avenue, Parcel #224-02-017A (PULLED FOR DISCUSSION) P. Approval of Arizona Municipal Risk Retention Pool settlement of Pille litigation, Pima County Superior Court No. CV2005 6508; and Olson litigation, Pima County Superior Court No. CV2006 0952, to include the Town's $10,000 deductible amount Q. Appointment of George Glos to fill the immediate vacancy on the Stormwater Utility Commission with a term ending June 30, 2007 J. RESOLUTION NO. (R)06-53 APPROVING THE ESTABLI8HMENT OF "NO PARKING" SIGNS IN THE TWELVE HAMMERHEAD AREAS IN THE CATALINA SHADOWS SUBDIVISION Council Member Dankwerth commented that the placement of signage by the Town seemed to be more of a convenience than a safety issue. She questioned the spending of $1,440 by the Town and suggested that the Homeowner's Association (HOA) pay to place the signs in their subdivision if this was a matter of convenience. Town Engineer Craig Civalier explained that Public Works was responding to concerns expressed by the citizens regarding cars parked in the hammerheads (T-turnarounds) and the fact that the garbage trucks can not get in to the area -to empty the cans. He stated that it is a citizen driven issue but staff is trying to respond to them. Council Member Abbott commented that the issue of hammerheads has come up. before and it is an issue of safety when the garbage trucks have to back up "blindly" because there is not room for them to turn around. She also asked.if there were other areas in the Town that have hammerheads. Mr. Civalier stated that there are a few subdivisions that have hammerheads but the Town's subdivision standards no longer allow hammerheads on public streets. He further stated that safety is an issue with the larger garbage trucks trying to get out of these areas. Mayor Loomis commented that Catalina Shadows neighborhood was annexed in to the Town after it was built out and; therefore, was approved under Pima County standards. In response to comments and a question from Council Member Kunisch, Commander Larry Stevens explained that the Police Department enforces "No Parking" if signs are posted by the Town but they do not enforce Homeowner Association rules. Further discussion followed regarding the safety factor involved in these types of areas, enforcement of the signage and should the HOA pay for this signage. 07/19/06 Minutes, Council Regular Session 6 Council Member Abbott asked that staff identify other areas in the Town that have hammerheads and present that information to the Town Council. MOTION: Vice Mayor Parish moved to approve Resolution (R)06-53. Council Member Abbott seconded the motion. Motion carried, 5 — 2, with Council Members Dankwerth and Kunisch opposed. O. OV12-04-14A APPROVAL OF A ONE YEAR TIME EXTENSION TO EXPIRE ON JUNE 15, 2007 FOR A PRELIMINARY PLAT, LOCATED ON THE SOUTHWEST CORNER OF TANGERINE ROAD AND FIRST AVENUE, PARCEL #224-02-017A Frank Bangs, 1 S. Church, representing Diversified Partners, explained that they are requesting a one year time extension. He explained that they are going to filing the final plat within one week. The delay has been in getting timely responses from Pima County Wastewater Management and also to provide easements to the County over land that is currently owned by Walgreen's. He explained that the extension would also put the plat's deadlines in sync with the development plans. MOTION: Council Member Dankwerth moved to approve OV12-04-14A. MOTION SECONDED by Council Member Carter. AMENDMENT TO THE MOTION: Council Member Abbott moved to amend the motion by adding: The time extension be for 6 months rather than 1 year expiring in December 2006. Council Member Carter SECONDED the amendment. MOTION AS AMENDED FAILED 3 - 4 with Council Members Dankwerth, Kunisch and Mayor Loomis and Vice Mayor Parish opposed. MOTION: Vice Mayor Parish MOVED to approve OV12-04-14A one year time extension to expire on June 15, 2007. MOTION SECONDED by Council Member Dankwerth. MOTION carried 5 - 2 with Council Members Abbott and Carter opposed. 3. PUBLIC HEARING — RESOLUTIONOF O O VALLEY FOR FYO20061NG 2007H FINAL BUDGET OF THE TOWN N THE AMOUNT OF $105,869,650 AND THE CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2006-2007 Finance Director Stacey Lemos reported that on June 21, 2006 the Town Council adopted the Tentative Budget and set the Local Expenditure Limitation for fiscal year 2006107 in the amount of $105,869,650. She further reported that the motion included approval of a new step pay plan for all commissioned and non- commissioned police personnel and a new salary scale for all other civilian town staff to include a 3% cost of living adjustment and appropriate market adjustments. Ms. Lemos stated that the Tentative Budget also included an 07/19/06 Minutes, Council Regular Session 7 additional $1.2 million as a placeholder for 18.5 new positions contingent upon the adoption of a utility sales tax prior to September 30, 2006 or identification of other recurring revenue that may be used. Ms. Lemos noted that the Final Budget is the same as the Tentative Budget except for two requested changes: 1) $25,000 to retrofit two intersections with emergency Opticom equipment, and 2) increase the Public Transit Fund budget by $9,500 to compensate for cost increases in the City of Tucson Intergovernmental Agreement for Sun Tran Services and ADA eligibility determinations. Ms. Lemos also reported that the 5-Year Capital Improvement Plan (CIP) for fiscal years 2006/2007 through fiscal years 2010/2011 is included for Council's consideration and approval with the first year CIP costs included in the Final Budget. In response to a question from Mayor Loomis, Town Engineer Craig Civalier explained that the Opticom equipment is now included as a requirement of the design and/or installation of any new or re -built traffic signal. In response to a question from Council Member Gillaspie, Mr. Civalier also explained that there is an Intergovernmental Agreement between Golder Ranch Fire District and the. Arizona Department of Transportation (ADOT) that provides that Golder.* Ranch will provide the funding for the systems and ADOT will install and maintain those traffic light systems that are under ADOT's jurisdiction. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Dankwerth MOVED to ADOPT Resolution No. (R)06- 56 adopting the Final Budget for FY 2006/2007 and to approve the Capital Improvement Plan for FY 2006/2007 through 2010 - 2011. MOTION SECONDED by Council Member Carter. MOTION carried 6 - 1 with Council Member Abbott opposed as she felt some critical staff positions should have been funded. 4. DISCUSSION AND POSSIBLE ACTION REGARDING SELECTION, APPOINTMENT AND EMPLOYMENT OF A NEW TOWN MANAGER MOTION: Council Member Gillaspie MOVED to appoint David Andrews as the new Town Manager effective September 1, 2006 and direct the Human Resources Director to negotiate a contract effective September 1, 2006 for Mr. Andrews and return to an Executive Session for review by the Mayor and Council prior to approval. MOTION SECONDED by Council Member Dankwerth. MOTION carried 7 - 0. 07/19/06 Minutes, Council Regular Session Mayor Loomis recessed the meeting at 8:10 p.m. The meeting resumed at 8:20 p.m. 1. PUBLIC HEARING - OV8-06-01 REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT FOR CHILI'S RESTAURANT TO ALLOW THE SALE OF LIQUOR, LOCATED WITHIN PHASE II OF THE STEAM PUMP VILLAGE DEVELOPMENT IN PROXIMITY TO THE INTERSECTION OF ORACLE ROAD AND HANLEY BOULEVARD, PARCEL #220-08-001V Community Development Director Brent Sinclair reported that a liquor license for Chili's Restaurant was approved by Council on June 21, 2006 as mandated by Arizona State Law. He explained that a Conditional Use Permit (CUP) is required by the Town's Zoning Code in order to allow restaurants to serve alcoholic beverages in a C-1 Commercial District. He reported that the granting of a CUP is based on the following: 1) The granting of a CUP shall not be detrimental to the public health, safety or welfare; and 2) Proposed use must be reasonably compatible with other permitted uses in the area. He further explained that at their June 6, 2006 meeting, the Planning and Zoning Commission recommended approval of the CUP. Mike Stults, Brinker International, Property Development Manager for Chili's Grill and Bar, explained that Chili's is a casual, family dining facility and will work well in the Steam Pump Village setting. He stated that 6% — 8% of their average ticket sales are liquor sales which is low for most restaurants with bar services. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Parish MOVED to approve OV8-06-01, Conditional Use Permit. MOTION SECONDED by Council Member Abbott. MOTION carried 7 - 0. 2. PUBLIC HEARING — APPROVAL OF AN APPLICATION FOR A PERSON TRANSFER FOR A SERIES 09 (LIQUOR STORE) LIQUOR LICENSE FOR THE ALBERTSON'S #995 STORE LOCATED AT 10805 N ORACLE ROAD Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. Nicholas Guittilla, Guittilla and Murphy Law Firm, representing Albertson's explained that this Person to Person Transfer is being requested due to corporate restructuring. MOTION: Vice Mayor Parish MOVED to recommend approval of the liquor license to the State Liquor Board. MOTION SECONDED by Council Member Kunisch. MOTION carried 7 - 0. 07/19/06 Minutes, Council Regular Session 9 7. PUBLIC HEARING — ORDINANCE NO. (0)06-10 RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING "THE 2006 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY" BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS; AND DECLARING AN EMERGENCY Finance Director Stacey Lemos explained that Arizona cities and towns that have adopted the Model Cities Tax Code must from time to time act on tax code amendments which are coordinated by the League of Arizona Cities and:Towns and approved by.the Municipal Tax Code Commission. She explained that adoption of Ordinance (0)06-10 would incorporate the 2006 tax code amendments into the Town's Tax Code. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Parish MOVED to ADOPT Ordinance No. (0)06-10'. MOTION SECONDED by Council Member Dankwerth. MOTION carried 7 - 0. 8. PUBLIC HEARING AND POSSIBLE APPROVAL OF PRELIMINARY LIST OF ITEMS TO BE RECOMMENDED FOR THE 2008 PIMA COUNTY BOND ELECTION Parks and Recreation Administrator Ainsley Reeder explained that Pima County Natural Resources, Parks and Recreation Department has requested that the Town submit a preliminary "wish list" of items to be included in the proposed 2008 Pima County Bond Program. She explained that this preliminary list would only be used as a guide as Pima County begins the bonding process and items may be added or deleted when the formal bonding process begins. She explained further that the Pima County Administrator will send a letter to the Town to formally initiate the bonding process and to outline the course of action required for moving forward. Ms. Reeder then reviewed the "wish list" of twelve items that the Parks and Recreation Advisory Board has recommended be submitted as follows (in priority order): 1) Big Wash Linear Park (North of Tangerine to Pinal County), 2) CDO Wash Linear Park (SW of La Canada to Southern Boundary), 3) Acquire access and develop existing Rancho Vistoso Trailhead to Tortolita Mountain Park, 4) Equestrian Staging Area — La Canada & CDO Wash at Rancho Feliz (SW. corner), 5) Equestrian Staging Area (South of Vestar Development at CDO Wash), 6) Kelly Ranch (Additional funding for acquisition), 7) Naranja Town Site Dog Park, Playgrounds, Trails BMX Track, Skate Park and Support Facilities), 07/19/06 Minutes, Council Regular Session 10 8) Naranja Town Site Lighted Ball Fields and Support Facilities, 9) Overton Arts Center Area (Construct Soccer/Softball/Baseball Field Complex and support facilities), 10) James D. Kriegh Park Upgrades (Field Lights, Racquetball Courts, Picnic and Play Areas, 11) Steam Pump Ranch (Museum development), and 12) West Lambert Lane Park (construct). Discussion followed regarding the Bond process, the preliminary list and the priority and importance of those items, looking at issues from a regional perspective, appointment of citizen(s) to advocate for Oro Valley, and setting a Study Session to further discuss the prioritization of the preliminary list. MOTION: Vice Mayor Parish MOVED to continue the approval of Item 8 to a special session on July 26, 2006. MOTION SECONDED by Council Member Kunisch. MOTION carried 7 - 0. Mayor Loomis opened the floor for public comment. Dick Johnson, 10151 N. Inverrary, urged the Town Council to take a look at the Naranja Town Site items stating that once Pima County gets involved in funding park sites or items within a park site, the Town could lose a lot of independence and control of the management of the park. He cautioned the Council that if the County is involved, there would be strings attached. 9. OV12-05-16 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR THE STONE CANYON VIII RANCHO VISTOSO NEIGHBORHOOD 12 SALES CENTER, LOCATED IN THE FUTURE STONE CANYON VIII, JUST OFF TORTOLITA MOUNTAIN CIRCLE (aka THE FUTURE "STREET OF DREAMS" ROAD) PARCEL #219-20-002D Bill Walker, The WLB Group, representing Stone Canyon LLC, stated that they are requesting approval of the development. plan for the Stone Canyon Sales Center located in Rancho Vistoso Neighborhood 12. He explained that the new Sales Center would be approximately 3870 square feet in size and would replace the existing Sales Center located near the existing Rancho Vistoso Golf Course. He reported that the development plan and landscape plan were approved by the Development Review Board on June 13, 2006 with the architecture plan being approved at their July 11th meeting. Mr. Walker then presented pictures depicting rock treatments on the site and architecture. He also reviewed mitigation plans, open space trade and enhancement of areas. Planning and Zoning Administrator Sarah More reviewed the Council Communication and explained that staff is recommending approval of the development plan for the Stone Canyon Sales Center. She stated that Town staff and the applicant worked many months on the open space trade, rock outcroppings encroachment and mitigation and on -site parking. She explained that the proposal includes consolidated parking for both the Sales Center and the 07/19/06 Minutes, Council Regular Session 11 Guard Facility to prevent excess encroachment into open space and other natural areas. She further explained that additional mitigation as requested by the Development Review Board has been addressed by the applicant. MOTION: Vice Mayor Parish MOVED to approve OV12-05-16. MOTION. SECONDED by Council Member Kunisch. MOTION carried 6 - 1 with Council Member Abbott opposed due to the encroachment into sensitive areas. 10. OV12-06-06 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR A ONE-STORY OFFICE BUILDING, LOCATED ON THE NORTHWEST CORNER OF RANCHO VISTOSO BOULEVARD AND SUN CITY BOULEVARD, PARCEL #223-03-3520 Paul Nzomo, Coronado Engineering, representing the applicant, reviewed a map depicting the location of the proposed office building. He explained that the development plan consists of an 8,400 square foot professional office building on a 37,078 square foot lot. He stated that the height of the building would not exceed 16 feet (34 feet is allowed.) Mr. Nzomo stated that after meeting with the neighbors, they have agreed to not place tall trees on the north side of the building in order to protect their views of the mountains. He also explained that after working with Town staff, they have agreed to provide access to the north for access to any future developments. Community Development Director Brent Sinclair reported that this project was in compliance with the Zoning Code Revised and is also within the Rancho Vistoso Planned Area Development (PAD.) He stated that it provides for ample parking, pedestrian circulation, adequate drainage, traffic control and a courtyard area. He said that the Development Review Board approved the development plan at their June 13, 2006 meeting. MOTION: Vice Mayor Parish MOVED to approve OV12-06-06, Development Plan for the Copeland Office Building with conditions listed in Exhibit A and that General Note 5 be amended to show a maximum allowable building height not to exceed 16 feet. MOTION SECONDED by Council Member Dankwerth. EXHIBIT "A° 1. All pedestrian paths crossing an auto lane must be constructed with a paving material that is of a different color, type and/or texture and coordinates with the materials used throughout the site. Provide a sample to Oro Valley staff for final verification of compliance. 2. Revise the Development Plan to extend the landscaped island on the west side of the property to 20' in length and to ensure that the pedestrian path fit occurs within the island between curbing spaced 10' apart to comply with OVZCR Section 27.7.H.1.f. 07/19/06 Minutes, Council Regular Session 12 3. Pedestrian areas parallel to and abutting an auto lane shall be raised by at least four inches from the asphalt to provide adequate height separation from the pavement. 4. All or a portion of the required public art is to be displayed in the courtyard. 5. The applicant is to adhere to the neighborhood conditions as listed on the Development Plan as General Notes. 6. Revise detail 1 on sheet 2 to delineate a 3.0 foot car overhang with respect to concrete wheel stop placement. 7. Redesign the Location Map within the Drainage Report so as the "Subject Property" is identified and centered within a square mile area. Refer to the Development Plan for this revised map. This revised map will shown the adjacent subject properties and conditions with recording information and zoning status. 8. Revise the hydrology report section 2.4 to require the installation of the "bleeder holes" within the bottom of the outlet weir structure. 9. Prior to staff certification of the Development Plan, all Pima County Wastewater comments specified in their comment letter dated April 27, 2006 must be addressed. Add a Pima County Wastewater signature block to the Development Plan. MOTION carried 7 - 0. 11. OV12-06-09 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR LOT 3 OF MERCADO DEL RIO, LOCATED WEST OF ORACLE ROAD ON THE NORTH SIDE OF PUSCH VIEW LANE, PARCEL #224-28-2550 Bruce Paton, Rick Engineering Company, representing the applicant, stated that this request for approval of a development plan is for Lot 3 in Mercado del Rio. He stated that the Master Development Plan was approved by the Town Council in May, 2004. Mr. Paton explained that the proposal is for a 5,844 square foot restaurant (Chop House Restaurant) and includes good vehicular circulation and pedestrian connections to the entire project. Community Development Director Brent Sinclair explained that the request for this development plan conforms to the Master Development Plan, C-2 District requirements and the Zoning Code Revised. MOTION: Council Member Carter MOVED to approve OV12-06-09 with conditions listed in Exhibit A. MOTION SECONDED by Council Member Abbott. EXHIBIT "A" 1. Clarify the elevations TC 41.16 and FS 41.40 located at the southeast corner of the 12' x 35' Loading Zone designated by Keynote #4 on Development 07/19/06 Minutes, Council Regular Session 13 Plan (DP) Sheet #3. TC elevations normally are 0.50' higher than the FS elevation. Make needed changes on this sheet and Figure 1: Local Drainage Map within the Drainage Report. 2. Correct the "type -over" on DP Sheet #3 of FG 40.37 and Qloo=5 cfs. shown just east of Chops Restaurant Building. 3. Clarify Keynote #6 s statement 'A'Wide Minimum Concrete Sidewalk per SD 200 (Typ)". The width of this sidewalk measures 5' on the DP Sheet #3. Make needed corrections. 4. Change the description of the wall openings in Detail F: First Flush System Detail from "3-8 x 32" Wall Openings @ 48" O.C." to read "3 — 8" x 32" Wall Openings @ 48" O.C." on DP Sheet #3. MOTION carried 7 — 0. Mayor Loomis recessed the meeting at 9:20 p.m. The meeting resumed at 9:27 p.m. 12. CONSIDERATION AND POSSIBLE ACTION CONCERNING THE REPORT ON THE FEASIBILITY STUDY OF THE SOUTHWEST PLANNING AREAS Special Projects Coordinator Scott Nelson reported that at the October 2, 2005 Town Council meeting, the Council directed the Town Manager to conduct a feasibility study and fiscal impact analysis of the Southwest Planning areas. He explained that staff met with area residents, a majority of the Homeowner Association's (HOA) leadership, and businesses to determine if there was an interest in annexation. He reviewed the two areas of the Southwest Planning area and explained that the feedback from the residents and HOAs has been positive with issues being raised regarding public safety and transportation. Mr. Nelson explained that since the Regional Transportation Authority (RTA) plan has been approved, most transportation concerns would be addressed by the plan; however, there was specific concern expressed regarding improvements to Shannon Road since it is not part of the RTA Plan. Mr. Nelson then explained that the business owners within the La Cholla Improvement District asked that the Town Council consider the retirement of the last four years of a ten year improvement district debt. Also, Foothills Mall and the Tucson Omni Resort requested that the Council consider pre -annexation development agreements (PADAs) to protect their existing development rights and economic development agreements (EDAs) to aid in future expansion plans. Mr. Nelson presented an overview of the fiscal impact of the two areas: ➢ Southwest Planning Area 1: 1 yr. - $3,680,586; 10 yrs. - $54,038,716 07/19/06 Minutes, Council Regular Session 14 ➢ Southwest Planning Area 2: 1 yr. - ($480,814); 10 yrs. — ($2,965,973) ➢ Southwest Planning Areas 1 & 2 combined: 1 yr - $3,199,772; 10 yrs - $51,072,743 Revenues in Area 1 would be generated from sales tax, bed tax, cable franchise fees and state -shared revenues. Discussion followed regarding: basing sales figures on comparables vs. accurate sales figures, EDAs and PADAs would go through a third party review who would assure that they are a benefit to the community and more finite sales figures would also be provided, there is commitment from some businesses and individuals to help with obtaining signatures, police staff necessary to control crime and DUIs in these areas, etc. MOTION: Vice Mayor Parish MOVED to continue working on Area 1, to refine the analysis on Area 2 and to reduce Area 2 to consist of the YMCA and Pima Community College and the business area along Shannon Road to Ina Road. Mayor Loomis SECONDED the motion. Discussion followed regarding the possibility of state shared revenue distributions changing; consideration of an area that does not provide sales tax revenues; justifying the expense and manpower necessary to maintain this area; do homework first to find out what the cost of potential annexation would be to the Town as this is not the filing of the map; what EDAs could be asked for; some of the RTA projects will not be completed for up to twenty years; businesses need to be upfront about what the benefits would be to the Town if they were annexed in; what development standards would be placed on the area, etc. MOTION CARRIED, 4 — 3, with Council Members Gillaspie, Dankwerth and Abbott opposed. 13. CONSIDERATION OF ORO VALLEY ENDORSED RESOLUTIONS TO BE SUBMITTED TO THE LEAGUE OF ARIZONA CITIES & TOWNS RESOLUTIONS COMMITTEE Town Manager Chuck Sweet reported that Mayor Loomis has been appointed to serve as member of the League Resolutions Committee. He explained that resolutions must be submitted to the League by mid -July and will be reviewed by the Resolutions Committee during the League Conference in August and then formally adopted in October. Mayor Loomis reported that the Town of Oro Valley has not proposed any new Resolutions. 07/19/06 Minutes, Council Regular Session 15 Mr. Sweet then reported that some of the resolutions being presented pertain to protecting state shared revenues, State Parks Heritage funding, lottery funding, economic development tools, etc. Vice Mayor Parish commented that it is important that local officials stay involved with the Legislators to help protect the interests of the cities and towns. 14. TOHONO O'ODHAM NATION AND PASCUA YAQUI TRIBE GRANT APPLICATIONS Town Manager Chuck Sweet explained that after meeting with Pima County, he is recommending that the Town not be in competition with Pima County's grant proposal. He suggested that the Town support the County's efforts to get funding instead of requesting monies from.the same "pot of money." Further discussion followed regarding: ➢ Desert Archaeology - Refining need for additional work and associated I osts. When application is made for funding, the grant request would be sufficient. ➢ Security of site, monitoring. MOTION: Vice Mayor Parish MOVED to ask the Town Manager to return with two resolutions at the August 2, 2006 Council meeting: 1) Supporting Pima County's proposal for burial discovery, recovery and monitoring program to the Tohono O'odham Nation, and 2) Supporting Pima County proposal to the Pascua Yaqui Tribe for additional archaeological funding for Honey Bee Village. MOTION SECONDED by Council Member Abbott. MOTION carried 7 - 0. 15. FUTURE AGENDA ITEMS Council Member Dankwerth requested that staff prepare a recommendation to be presented at a study session regarding hiring a Town Lobbyist. CALL TO AUDIENCE - No speakers. ADJOURNMENT MOTION: A MOTION was made by Council Member Dankwerth and SECONDED by Council Member Kunisch to adjourn at 10:17 p.m. Motion carried, 7 — 0. 07/19/06 Minutes, Council Regular Session 16 Prepared by: CvAN Roxana Garrity, CMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 19th day of July 2006. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this � day of ✓ , 2006. Kat ryn E. Cuvelier, CMC Town Clerk TOWN OF ORO VALLEY 11 COUNCIL COMMUNICATION TO: HONORABLE MAYOR & COUNCIL FROM: David Ronquillo, Senior Planner MEETING DATE: July 19, 2006 SUBJECT: OV12-06-09, Primetime Real Estate Holdings LLC., representing Mercado Del Rio LLC., requests approval of a Development Plan for lot 3 of Mercado Del Rio, located west of Oracle Road on the north side of Pusch View Lane, Parcel 224-28-2550 BACKGROUND: The project site lies within the 17 acre Mercado Del Rio commercial subdivision, which was approved as a Master Development Plan (MDP) and Preliminary Plat by Town Council on May 19, 2004 (OV12-03-22). It was also approved as a Final Plat by the Town Council on October 20, 2004. The zoning for this site is C-2 Commercial District. Lot 3 consists of .88 acres and is currently vacant and undisturbed. The zoning for this site is C-2 Commercial District. SUMMARY: following is a summary of the project: • A 5,844 square foot restaurant building (two stories). • Adequate vehicle circulation. • Pedestrian connections linking this project to other lots. • A passenger drop off and loading zone. SURROUNDING LAND USES: North: C-2 Commercial, Lot 5 of Mercado Del Rio, Undeveloped. South: C-1, Commercial, existing Cancha De Golf East: C-2 Commercial, Lot 2 of Mercado Del Rio, Undeveloped. West: C-2, Commercial, Lot 4 of Mercado Del Rio, Undeveloped. OVZCR COMPLIANCE: Master Development Plan Compliance: As previously mentioned a Master Development Plan (MDP) was approved for this site, which specified general building location, square footage and circulation. For this lot, the MDP specifies a gross floor area of 6,700 square feet and the building pad is positioned on the west side of the lot with vehicle circulation enabled on the north and west sides of the property. Because the MDP represents a conceptual layout of a large scale project, modifications to each individual pad are anticipated as specific users are identified. Changes are accommodated without revisions to the MDP as long as the overall framework (circulation etc.) remains intact. The proposed Development Plan incorporates the following changes: TOWN OF ORO VALLEY ATI e • Decrease in square footage from 6,700 s.f. to 5,844 s.f. • The building has been redesigned along the southern portion of the lot to accommodate better circulation with the adjacent Lot 2. • The building has been shifted closer to the southern property line with most of the parking area along the north side of the building, not visible from Pusch View Lane. • The development is underparked and will utilize shared parking with Lot 2. The proposed changes will impact the adjacent lot; however, it will achieve a much better design. Consequently, the proposed design is viewed to be in general conformance with the Master Development Plan. Setbacks & Maximum Building Height The maximum height of buildings in a C-2 Commercial District is 30' (two stories). The following setbacks are required; front 20' and no side or rear setbacks. The development complies with these requirements. Vehicular Parking Per the Parking Code, the restaurant use will require a total of 59 vehicular spaces, which equates to one parking for every 100 square feet. The development provides a total of 41 spaces on lot 3 and shared parking (18 spaces) with lot 2. 1 The Mercado Del Rio Association permits shared parking between lots and this development has been designed to utilize additional spaces from vacant lot 2 to the east. When lot 1 is developed (east of lot 2), there are ample opportunities for additional shared parking that should prove to be sufficient for lots 1 & 2. As a result, the Development Review Board approved the alternative parking analysis. Design Guidelines: • "Design buildings so that orientation and height are sensitive to adjacent land uses. " The building will be two stories and has been designed in a manner to minimize impacts to the adjacent properties. There will be no view impacts to residential properties in the area. • "Design multiple building projects with courtyards created by building placement, or otherwise define usable outdoor spaces. " As a condition of Development Review Board approval of the landscape plan, a landscaped outdoor seating area with planters is required in front of the building. Drainage: Lot 3 occupies the western portion of a drainage area that encompasses Lots 1, 2 and 3. Drainage for the Autl Service Center (lot 12) flows south across the lot on either side of the proposed building crossing into where it is captured in catch basins at the south end of lot. From the catch basins, runoff passes through a first flush treatment chamber and is then conveyed to a drainage channel running along the south end of the overall TOWN OF ORO VALLEY development. This channel then drains into Rooney Wash and ultimately into the CDO Wash. Detention requirements have been waived for the overall Mercado Del Rio development because of rapid conveyance of runoff to the CDO Wash. Grading: A Type 2 Grading Permit will be required to construct the building pad, parking lot, drainage structures, and utilities. Traffic: Immediate access to the facility will be from a shared driveway on the west end of Lot 3 off of Vuelta Caminata Del Rio a north -south directed private road running along the west end of Lot 3. Vuelta Caminata Del Rio in turn connects to Pusch View Lane, which runs along the south end of the overall development. Said shared drive will service lots 1 and 2 in the future, with a future drive loop connecting north to Vuelta Caminata east - west reach. GENERAL PLAN COMPLIANCE: Itaff has reviewed the proposed Development Plan with regards to the General Plan Policy Design Elements. In articular, Policy 2.1.4 applies, "The Town shall require that all development proposals depict and arrangement of and massing of buildings and/or arrangements of lots to minimize impacts on views from the adjacent properties and streets and from properties and streets internal to the proposed project while providing privacy for residents. " The proposed development will be located within a commercial subdivision and adjacent to the existing Rooney Ranch Center. The building has been designed to minimize impacts to the adjacent properties. DEVELOPMENT REVIEW BOARD ACTION: At their regular meeting of June 13, 2006, the Development Review Board (DRB) voted to recommend conditional approval of the Development Plan for this project. The outstanding conditions are included in Exhibit A. The DRB also approved the landscape plan and architectural elevations for this project. PUBLIC NOTIFICATION AND COMMENT: The surrounding property owners have been noticed in accordance with the Town notification requirements. To date, no comments have been received. FACTORS FOR: 1. Meets all Zoning Code requirements. 2. Meets all applicable General Plan Policies. 3. The Development Review Board recommended conditional approval. FACTORS AGAINST: 1. There are no factors against. , TOWN OF ORO VALLEY CONBRTNTICATION SUGGESTED MOTIONS: l; I move to [approve, approve with conditions, OR deny] OV 12-06-09, Development Plan for Lot 3 of Mercado Del Rio, subject to the conditions specified in Exhibit A. Attachments: 1. Exhibit A 2. Development Plan cc: Tri Miller, Fax: 322-6956 Mike Bankowski, Fax: 229-9317 Kit Donley, Fax: 797-2541 . -: IV `-1% Administrator �nity'Dev�elment Di Town Assist Town Town r N o via- 06 -e9 MINUTES OF THE ORO VALLEY DEVELOPMENT REVIEW BOARD REGULAR MEETING TUESDAY, JUNE 13, 2006 ORO VALLEY COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE CALL TO ORDER: 6:00 p.m. PRESENT: Mary Caswell, Chair John Buette, Member David Johnson, Member Dan Sturmon, Vice Chair Marc Panas, Member Mike Zinkin, Member ALSO PRESENT: Bayer Vella, Principal Planner Joe Andrews, Civil Attorney Paul Keesler, Development Review Division Manager David Ronquillo, Senior Planner Pamela Pelletier, Planner Jill Manion -Farrar, Planner Matt Michels, Senior Planner Arinda Asper, Recording Secretary Paul Loomis, Mayor K. C. Carter, Councilperson Al Kunich, Councilperson Scott Leska, DRB Member Elect ABSENT: Harold Kandetze, Member 06/13/2006 vDevelopment Review Board Minutes Page 2 of 19 Chair Caswell thanked staff for their assistance during her four years on the DRB, welcomed the new members, acknowledged Member Johnson for his work on the DRB, and thanked the continuing members for their work. PLEDGE OF ALLEGIANCE REVIEW AND APPROVAL OF MAY 9, 2006, DEVELOPMENT REVIEW BOARD MINUTES MOTION: Member Panas MOVED to approve the minutes as submitted. Vice Sturmon SECONDED the motion. Motion carried 6-0. CONSENT AGENDA A. OV12-05-31, MMLA PSOMAS, representing Copper Canyon Development, requests approval of a landscape plan for a 21 lot subdivision, Sunset Canyon Estates, located south of Tangerine road and east of Vista Del Sol, parcels 224-11-019B through F. C. OV13-06-23, Two Bears Development, L.L.C. requests architectural approval for a custom home located on Lot 28 in the Rancho Vistoso Neighborhood 11, Parcels "H" and "N", Rancho Vistoso Neighborhood 13 Parcel "F" Amended subdivision on the south side of North Bow Creek Springs Place (approximately one-half (%2) mile northwest of the intersection of North Rancho Vistoso Boulevard and West Vistoso Highlands Drive), Parcel # 219-19-1200. D. OV13-06-27, D. Alan Roberts Architects Inc. representing property owner Dana Roper, requests architectural approval of a custom home located on lot 33 of the La Reserve subdivision, 10200 N. Cliff Dweller Place, Parcel# 220-14-2180. MOTION: Member Zinkin MOVED to approve Consent Agenda Items A, C, and D, all subject to the conditions set out in Exhibits A. Member Johnson SECONDED the motion. Motion carried 6-0. REGULAR AGENDA B. (At applicant's and staffs request, Chair Caswell pulled Item B from the Consent Agenda and into the Regular Agenda.) OV13-06-22, Anjali Godhamgaonkar for Kevin B. Howard Architects Inc., representing the property owner, Lawrence and Lynette Lui Jehling, requests architectural approval for a custom home located on Lot 12 in the Stone Canyon I subdivision, on the west side of Travertine Place (approximately one-half (%2) mile northwest of the intersection of North Rancho Vistoso Boulevard and Tortolita Mountain Circle), Parcel # 219-19-3340. Applicant and staff requested that Item B be moved to Regular Agenda because Condition 1 on Exhibit A is to be deleted. Condition 1 stated that the driveway was to be modified to avoid FAMINUTES\DR.B\2006\06-13-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 3 of 19 encroachment on a rock outcrop. On a site visit, staff realized the driveway would not encroach on the rock outcrop. Applicant and staff agreed that Condition 1 should be stricken. Chair Caswell asked for guidance on this motion. Joe Andrews suggested making a motion to approve with the condition that Item 1 on Exhibit A be removed because there is no outcrop. MOTION: Member Zinkin MOVED to recommend APPROVAL subject to the conditions in Exhibit A, with the exception that Item 1 in Exhibit A be deleted. Member Buette SECONDED the motion. Motion carried 6-0. 1. Continued Item, OV12-05-01, The Acacia Group, representing Cape Coral Land Co., requests approval of a master landscape plan for a commercial center, located in proximity to the SE corner of Oracle and Hardy Roads, directly south of the Circle K, Parcel 225-14-166B. Applicant Brad Gephart, 1730 N. Tucson Blvd., Tucson, Arizona, 85716, gave a presentation. Applicant has owned this property for 20 years and has tried to sell it. Due to the development of adjacent properties and the area's annexation into Oro Valley, the site is considered infill, and the only serious buyers are those interested in small retail office uses. Applicant has a prospective buyer interested in a portion of the property, and has entered into an agreement, subject to plan approval. The Master Plan was approved by Town Council on April 19, 2006. The Master Plan process required a great deal of detail. During the approval process applicant provided staff with surveys, elevations, traffic studies, native plant studies, hydrological assessments, and an extensive drainage system plan, in addition to the detailed drawings of the approved plans. All of these details were considered in the Landscape Plan. Applicant worked with the residential neighbors to the east and with staff to create a Landscape Plan that met all of requests and expectations. Other than minor administrative changes, the Master Plan and Landscape Plan cannot be changed without an extensive revision process. Applicant has set a closing date for the sale of Parcel 3, subject to Landscape Plan approval, and has a list of potential buyers for Lots 1 and 2 if the Landscape Plan is approved. None of these parties would acquire the property if they were not certain they could use it as intended. Therefore, applicant plans to remain involved in the development process for each individual lot. The quality of the product is further assured by the requirement that each specific lot be developed through an individual process that requires staff approval, neighborhood review, DRB review, and Town Council approval. Last month applicant resubmitted the Landscape Plan and Irrigation Plan to the staff with all their concerns addressed. Applicant believes this plan meets all Code requirements, has neighborhood approval, and staff recommendation for approval. Landscape Architect John Hucko, Acacia Group, 3861 North First Avenue, continued with the presentation. A major concern was the buffer yard adjacent to the west residential area. That buffer, originally 15 feet wide, is now 30 feet wide. Applicant used calculations based on a 15 foot width and exceeded the minimum tree, shrub, and accent requirements almost by 40 percent. FAMINUTES\DRB\2006\06-13-06 Draft Mi.nutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 4 of 19 There is a continuous tree canopy across the west property and a 5' screen wall along the west property line. All of applicant's trees are 24" box or greater, exceeding Code requirements. On the west property line, applicant created a screen buffer. On the north, applicant designed the required buffer yard. The entire site will be landscaped and include sidewalks around the building. Applicant plans to preserve some native vegetation along the narrow throat of the entry along Oracle Road. Applicant believes the plan addresses all the issues required, and that it is a quality project in a very difficult, odd -shaped, lot. David Ronquillo introduced the staff report into the record and recommended approval of the Master Landscape Plan. Member Zinkin asked if there would be enough sight visibility for cars to safely negotiate turns at the southern edge of the entryway. Paul Keesler said that the plan includes a stipulation that there not be any vegetation within the 30" to 72" height range in the Site Visibility Triangles. MOTION: Member Zinkin MOVED to recommend approval. Member Johnson SECONDED the motion. Motion carried 6-0. 2. Continued Item, OV13-06-24, AF Sterling Homebuilders requests architectural approval of model #2965 for Rivers Edge Lots 70-102, located in the Melcor PAD on the north side of Lambert Lane east of the Highlands Mobile Home Park, Parcel # 224-28-1400. Applicant Robert Brack, 69 West Naranja Place, Oro Valley, gave an overview of the project and explained that the DRB previously approved four model plans. The plan currently before DRB was created specifically for lots 97 and 98 because they are very shallow and do not accommodate the previously approved plans. Lots 99, 100, and 101 are also shallow and only accommodate one of the previously approved plans. This plan will allow additional options. This plan was previously denied by DRB on March 14, 2006, due to the dominance of the stair tower and front elevation. Applicant found the criticism legitimate and made significant revisions to the plan. Applicant believes the revisions address and accomplish mitigation of the stair tower and create a much more marketable house consistent with Oro Valley guidelines. Architect Johnson Anderson, 4210 East Pontatoc Drive, Tucson, Arizona 85718, continued with the presentation. To reduce the massing of the stair tower, applicant brought forward the entry tower, added horizontal mass to break up the large element, repositioned the tower so that it steps back to avoid a monotonous line, and reduced the height of the tower by 26 inches. Member Panas and Chair Caswell said they appreciated applicant's efforts to incorporate DRB comments, and congratulated applicant on the appearance of the end product. Member Zinkin said he recalled that the previous DRB denial was based on the inconsistency with the other models, and asked if applicant had a graphic of what the other models look like. Jill Manion -Farrar stated that staff could provide that to DRB at a later time. P:\MINUTES\DR.B\2006\06-13-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 5 of 19 Member Zinkin asked if the restriction that no two models be adjacent to each other, along with the setback restrictions, posed a problem. Applicant said that they did not pose a problem. Jill Manion -Farrar introduced the staff report into the record and recommended approval subject to conditions in Exhibit A. MOTION: Vice Chair Stun -non MOVED to recommend approval subject to conditions specified in Exhibit A. Member Panas SECONDED the motion. Motion carried 6-0. 3. Continued Item: OV12-05-16, WLB Group, representing Vistoso Partners, request approval of a Development Plan for the Stone Canyon VIII Rancho Vistoso Neighborhood 11 Sales Center, located in Stone Canyon VIII, just off the future road "Street of Dreams"; Parcel # 219-20-002D. Applicants Bill Walker, 4444 East Broadway, and Richard Maes, Vistoso Partners, gave a presentation. The request before DRB is for review of the Stone Canyon Sales Center located in Neighborhood 12. The sales center is intended to replace the existing sales center that is located in the Vistoso Golf Course, and to match the other Stone Canyon buildings. The three main issues that need to be addressed are encroachment, trade areas, and parking. Applicant presented photographs showing how walkways, patios, air conditioning units, and landscaping will be incorporated to minimize the encroachment of rock outcrops. Applicant has restricted the encroachment to a maximum of 5' outside the building. The rock outcrops will have a permanent stain applied to match the existing boulders in the area. Applicant will handle trades based on the policy adopted by Town Council in 2002. It primarily is a one-to-one trade of open space for developable areas. There are other criteria for the useable space to reduce the fragmentation of rocks. The total encroachment area is 3,086 square feet and the open space is the exact same size. Areas that are to be restored and planted are shown in the landscape plan, which also shows what applicant intends to do beyond the mere requirements. Oro Valley's parking code is a set number (no minimum of maximum) and provides for an alternative parking analysis for cases where the set number doesn't fit. Applicant's basis for the parking analysis and changing the difference in parking is intended to take and replace the existing sales center parking requirements. Applicant consolidated the guard tower parking spaces with the new parking. Applicant's reasoning was not to tear up any more road. As a result, the proposed parking spaces are 23, while Oro Valley's code requirement is 21. In response to Member Panas' inquiry about the 1740 square feet area and the distinction between the area of restoration and the open space trade, Applicant replied that the whole area is considered a restoration and trade area. FAMlNUTES\DRl3\2006\06-l3-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 6 of 19 In response to Member Buette's question about how long the rock staining lasts, Applicant said that the stain is permanent, consists of about 12 different colors, and looks better with age. Member Zinkin asked whether the open space Applicant is proposing to give up is truly meaningful open space, because it seems to be weighted toward the Applicant. To deny this or try to amend this would be expensive, and in return Applicant is proposing to give space that Applicant isn't going to use anyway. Member Zinkin asked Applicant to elaborate in order to make him more comfortable about this being an even trade. Applicant replied that this area really is meaningful and provides a connection between the two areas. Another requirement in the trade consideration is the buffer which helps enhance the whole area to the south. It is hard to compare one area with another. Member Zinkin noted that some of the area that Applicant is encroaching in has 7 or 8 saguaros, which, if transplanted, may not survive. He said he would like to see more preservation, and offered the example of one area of encroachment where if one parking space was eliminated and moved elsewhere, that is one area that will not be encroached on. He asked if there were other parking spaces that might be moved. Applicant said he would be willing to look at this issue, and added that they have already moved several parking spaces, and can work with staff to rearrange the spaces. Richard Maes, 945 West Vistoso Highlands Drive, said that Applicants are minimizing encroachment in open areas by eliminating the guard house parking area and moving it. One of the main reasons the extra parking spaces are needed is to accommodate tour vehicles, as well as employee and visitor vehicles. Member Zinkin suggested that employee parking be in another part of the property. Mr. Maes said he would need to tear up the desert on the opposite side of the road in the parking lot that was eliminated and that nothing would be gained by adding more parking across the street. He added that tearing up the desert would encroach on rock outcroppings, and also pointed out that from a traffic standpoint, sufficient space is needed for vehicles to operate smoothly and safety. Pamela Pelletier introduced the staff report for the Development Plan and Landscape Plan into the record, and distributed an additional exhibit, Criteria for Development in Areas in Rancho Vistoso PAD with Slopes 25% and Greater, and Section 1.2 (Rancho Vistoso PAD Policies). She offered a historical overview of the project and the site's zoning background. Staff believes the proposed trade meets the required criteria, and recommends approval subject to the conditions in Exhibit A, as well as approval of the Alternative Parking Analysis, as it minimizes the future further disturbance of natural area. Member Panas asked if Condition #2 on the Criteria for Development applies to areas with slopes 25% or greater. Ms. Pelletier deferred to Mr. Vella, who clarified that Condition # 2 identifies rock outcrops that are 10' by 10' in areas of 25% or greater slope. Member Panas asked if the 1,740 square foot was an area of restoration or open space trade. Ms. Pelletier replied that according to the criteria, any type of encroachment required mitigation. At the northern part of the parcel where the parking lot is encroaching on the rock outcrops, they F:\MINUTES\DR.B\2006\06-13-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 7 of 19 are not just going to make a cut in the rock and leave it. In the southern portion trade area, east of rock outcrop # 3, the amount of square footage allocated to those different square areas equals the number of encroachment over the entire site. Planned landscaping will also enhance the site. Member Zinkin asked if staff or the applicant considered off site mitigation. Joe Andrews interjected that off site mitigation is something that may be offered by the Applicant, but not something the Town could require or even request at this level. MOTION: Vice Chair Stun -non MOVED to recommend approval, subject to Conditions cited in Exhibit A. DISCUSSION: Member Zinkin asked what kind of precedent is being set for the remainder of Neighborhood 12, as it stated in the staff report, and how this would amend what was submitted. Ms. Pelletier replied that the reason the report stated that a precedent is being set is that the Sales Center is the first site in Neighborhood 12 to come before the Board, and the way the rock outcrop and trees are looked at will be the same way that they will be looked at when the preliminary plat comes in. Bayer Vella added that it is not setting any new precedent, and that the criteria used is the same as has been used from the inception of the PAD. Member Panas asked Vice Chair Stunnon if he would consider a friendly amendment to the motion to have Applicant work with staff towards further mitigation. Joe Andrews suggested that if everyone agrees that Applicants work with staff and see what else they can do to present to Town Council, this would work. Chair Caswell reiterated that there was a motion to approve, with a friendly amendment to request the Applicant to work further with staff on mitigation. Member Buette commented that the encroachment mitigation and trade idea are not new, and since there is no public outcry, sending back for a parking space here and there is not going to really benefit the Town. Chair Caswell asked Recording Secretary to read back the motion. The motion was to recommend approval, with the additional condition that staff and Applicant work on further mitigation in general, and the example given was the parking spaces. MOTION: Vice Chair Sturmon MOVED to recommend approval, subject to Conditions cited in Exhibit A. Member Johnson SECONDED the motion. Member Panas offered a friendly amendment by adding the condition that staff and Applicant work on further mitigation of the site. Motion carried 6-0. 4. OV12-05-16, WLB Group, representing Vistoso Partners, request approval of a Landscape Plan for the Stone Canyon VIII Rancho Vistoso Neighborhood 11 Sales Center, located in Stone Canyon VIII, just off the future road "Street of Dreams"; Parcel # 219-20-002D. Applicant Gary Grizzle, of WLB Group, 4444 East Broadway, began his presentation of the Landscape Plan by providing an overview of the site. Applicants began by working with what FAMINUTES\DR.B\2006\06-13-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 8 of 19 was already there - the existing boulders and native vegetation. On all of the front and back areas, Applicants have taken and replaced boulders amongst the new plantings. They are using drought -tolerant native plant materials consistent with the plant materials in the Stone Canyon area. They want to transition the landscaping to more native vegetation and are using ocotillos and barrel cactus to do this. They will be creating a rock mound and making it blend in to be consistent with the surroundings. Member Zinkin asked if the 7 saguaros shown on the Landscaping Plan are existing or new. Applicant said there are 7 new and 5 existing saguaros. One of the 5 will be preserved on site, and four will be transplanted somewhere on site. In response to Vice Chair Sturmon's inquiry, Applicant said there would not be any turf grass on this project. MOTION: Member Panas MOVED to recommend approval subject to the conditions specified in Exhibit A. Member Zinkin SECONDED the motion. Motion carried 6-0. 5. OV13-06-25, Advantech Facility Design, representing Ventana Medical Systems, Inc., requests approval of architectural elevations for three buildings to be constructed at the Ventana Medical Systems Headquarters in Rancho Vistoso Neighborhood #3, located on the southeast corner of Innovation Park Drive and Vistoso Village Drive, Parcel #219-20-8170. Applicant Terrell Thomas, architect with Advantech, gave a presentation and acknowledged Gregg Forszt of Ventana Medical. The proposed project is to expand the existing campus by approximately 130,000 square feet. Applicant has an approved Landscape Plan that will be implemented into the project. Applicant offered renderings and bird's eye views of the existing and new building structures, as well as floor plans and elevations. A serpentine walkway will connect from the buildings, and there will be a covered walkway. Applicants are planning to match the existing architecture with colors and texture. The materials for the new building will be concrete block, stucco will be light colored, and accents will be split faced block in a darker color. Building 4 will be one-story, with some serrated edges, and will include the employee building, cafeteria, a small shower and locker area, and a nurse's area. Building 5 will be one-story, and will include conferencing center, office space, and customer training rooms. Jill Manion -Farrar introduced the staff report into the record, and recommended approval subject to the conditions in Exhibit A. Chair Caswell asked for clarification on the height of Building 2; Ms. Manion -Farrar replied that the building's height is 30.25." FAMINUTES\DRB\2006\06-13-06 Draft Minutes.doc Minutes approved 08/08/06 v"5/13i200G Development Review Board Minutes Page 9 of 19 Member Johnson asked if Item #2 on Exhibit A was meant to read "split face rock" or "split faced block." Ms. Manion -Farrar replied that it will be split faced block painted in a hue to match. Applicant confirmed that the material is split -faced concrete block. Vice Chair Stun -non asked if the long expanse of windows might create a sun glare problem for drivers on hnnovation Driveway. Ms. Manion -Farrar said there is a condition in Exhibit A that requires Applicant to provide windows with 20% reflectivity or less. There is also a shade structure along Innovation Driveway. Vice Chair Sturmon asked what the roof's 60% reflectivity meant. Ms. Manion -Farrar explained that reflectivity values are a maximum, and that the paint must not reflect more than the 60%. Vice Chair Stun -non further asked if the type of roof being used reflects much light. Mr. Thomas said the roof is hidden by a parapet wall, with the roof 2 to 3 feet below that wall. Member Zinkin asked if the timing on the new parking lot across the street and the proposed building expansion had been addressed, as he was concerned about safety issues at the pedestrian light. Chair Caswell interjected that that issue was not pertinent to the matter at hand, and was up to Town Council. Member Johnson noted that Item 4 of Exhibit A refers to reflectivity of less than 60%, and asked if that was efficient design for this climate. Ms. Manion -Farrar stated that the 60% reflectivity is in the Town Code and does take into account the climate. Member Johnson commented that from his perspective as an architect, he believes Applicant has done a fantastic job on this project. MOTION: Member Buette MOVED to recommend approval subject to the Conditions in Exhibit A, and with the additional condition that the language in Condition 2 of Exhibit A be modified to read "split face block." Member Panas SECONDED the motion. Motion carried 6-0. 6. OV12-06-09, Primetime Real Estate Holdings LLC., representing Mercado Del Rio LLC., requests approval of a Development Plan for lot 3 of Mercado Del Rio, located west of Oracle Road on the north side of Pusch View Lane, Parcel 224-28-2550. Applicant Kit Donley gave a presentation, and introduced the owners, Mike Bankowski and 011ie Shouse, as well as representatives of Rick Engineering. Mr. Donley said that the proposed development is a high quality project and he is very proud that Oro Valley was chosen for its location. The project is on Lot 3, which is one of 16 lots at Mercado Del Rio. The development plans for the Oro Valley Car Wash (Lot 11), Arizona Car Care Center (Lot 12), and Brake Masters (Lot 13) have all been through the owners' association and their designs have been compared against the Master Architectural Plan and the Landscape Plan. FAMiNUTES\DRB\2006\06-]3-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 10 of 19 Bruce Payton, of Rick Engineering, 1745 East River Road # 101, Tucson, 85750, stated that this project has been before the Board on numerous occasions, starting with a Master Development Plan that shows the backbone infrastructures (water lines, sewer system, and dry utilities) for the Phase I streets. A Preliminary Plat and a Final Plat for grading of 16 lots have been processed. As each lot is identified for development, individual development plans based on the Master Development Plan have been submitted. The project has changed slightly from the original Development Plan; the building is smaller and the parking lot is larger and has better circulation. David Ronquillo introduced the staff report into the record, presented the Development Plan, Landscape Plan and Architectural Approval simultaneously, and recommended approval subject to the conditions in Exhibit A. He paused to answer questions about the Development Plan. Member Panas asked if Applicant will be able to complete the long list of conditions on Exhibit A. Mr. Ronquillo said that the majority of things to do are clean-up items, can be done in a timely manner, and won't affect development. Member Buette asked if the future use for Lot 2 was known. Mr. Ronquillo said that was not, but the applicant has indicated it would not be another restaurant, but will likely be for retail use. David Ronquillo continued with the staff report on the Landscape Plan, and recommended approval subject to the conditions in Exhibit A. David Ronquillo continued with the staff report on the Architectural Design, and recommended approval subject to the condition in Exhibit A. Member Zinkin asked if there are windows on the towers on the east and west elevations and if it would be appropriate to require a reflectivity value on those windows. Mr. Ronqillo said that there were windows, and that it would be appropriate. Member Zinkin said that a condition could be added to Exhibit A to have all windows with reflectivity values of 20% or less. MOTION: Member Zinkin MOVED to recommend approval of Item 6, subject to conditions specified in Exhibit A, with the correction that the word "west" be changed to "east" on Line 1. Member Panas SECONDED the motion. Motion carried 6-0. 7. OV12-06-09, Primetime Real Estate Holdings LLC., representing Mercado Del Rio LLC., requests approval of a Landscape Plan for lot 3 of Mercado Del Rio, located west of Oracle Road on the north side of Pusch View Lane, Parcel 224-28-2550. Applicant Paula Donley, 1980 East Palisades Road, gave a presentation. Ms. Donley explained changes in the Master Landscape Plan. An ingress and an egress were removed. Plants from the Oro Valley list will be put in place. Ms. Donley noted some clarifications on Exhibit A. Item 3 calls for removal of trees on the western entrance. Trees are in place and will remain. Item 4 shows that there are trees in the rip -rap area, when in fact there are no trees there. FAM1NUTES\DRB\2006\06-13-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 11 of 19 Member Zinkin asked if staff had any problem with Applicant's request to remove the two items. Paul Keesler explained that this involved a site visibility issue that is part of the existing development and part of this new development. What is on the Landscape Plan is a much larger site visibility triangle (SVT) than is required. With respect to the trees being inside the site SVT, we need to modify the comment to state the need for re-evaluation with a new SVT, and that if in truth there are trees inside the SVT, that is a public safety concern for Public Works, and something that needs to be worked out with the applicant. Mr. Keesler stated that the changes to Item # 3 on Exhibit A should read: "Adjust the southern SVT at the western PAAL entrance off Vuelta Caminata Del Rio on the west side of the parcel to comply with all SVT requirements." Mr. Keesler stated that on Item #4, if one compares the Development Plan with the Landscape Plan, the Development Plan indicates that that channel is not rip -rap. The Landscape Plan shows plantings in there, yet the Development Plan shows plantings outside of the rip -rap. We are not saying they can't plant there, what we are doing is defining the rip -rap on the Landscape Plan. MOTION: Member Panas MOVED to recommend approval, subject to Conditions in Exhibit A, with the modification of Item # 3 to say "Adjust southern SVT at the western PAAL Entrance off Vuelta Caminata Del Rio on the west side of the parcel." Member Zinkin SECONDED the motion. Motion carried 6-0. 8. OV13-06-16, Architectural Design Group Inc., representing Primetime Real Estate Holdings LLC., requests architectural approval for lot 3 of Mercado Del Rio, located west of Oracle Road on the north side of Pusch View Lane, Parcel 224-28-2550. Architect David Garcia, Architectural Design Group, 2510 E. Grant #140, Tucson, gave a presentation. The design involves a 1544 square foot building, with a portion being two stories. The building will be a wood frame with stucco exterior. There are two wainscot treatments. The surface protecting portions of the building will be stone veneer, with concrete design veneer on the lower portions. The top of the buildings will have stucco reveals, along with wrought iron ornamentation. The tile roof will have a 4:12 pitch and will also have heavy chinked type tile. There were three areas of concern: the front parking area, the colors, and the screening of the outdoor patio. The front parking area will be eliminated and will be enhanced with landscaping to soften up the front view and to make it a more pedestrian friendly area. Regarding the colors, the MACP has a palette of colors and Applicant is going to use two additional colors which have been approved, and which will complement the existing colors. The screening of the outdoor second floor patio area will be accomplished by having a wrought iron railing and perforated metal to help screen the view. Chair Caswell asked what the two new colors were. Applicant said the colors were Basket Beige and Rosemary. The color palette sample was distributed to DRB members. FAMINUTES\DR.B12006106-13-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 12 of 19 Vice Chair Sturmon said that on the east elevation there is a massive blank wall, and asked if it would be possible to add something to that wall. Applicant replied that the reason the wall has been left blank is because of the close proximity to the property line, but they can add recesses with wrought iron. The planned landscaping and trees will help add to the appearance. Member Zinkin asked if there would be a problem with window reflectivity. Applicant said that on the two-story portion, the clear story windows actually have an overhang, and most of the time those windows will be shaded. Applicant could add window tinting if there is a problem with reflectivity. Member Zinkin added that what was suggested in Exhibit A was the reflectivity of all the windows, not just east and west. Applicant agreed to this. MOTION: Member Panas MOVED to recommend approval subject to conditions in Exhibit A, with two additional conditions: that a condition be added to Exhibit A stating that all windows are to have 20% reflectivity, and that the use of recessed spaces and wrought iron detailing be added to the east wall. Member Johnson SECONDED the motion. Motion carried 6-0. DRB recessed at 8:40 DRB reconvened at 8:45 9. OV12-06-06, Coronado Engineering, representing Copeland Construction and Development Inc., requests approval of a development plan for a one-story office building, located on the northwest corner of Rancho Vistoso Boulevard and Sun City Boulevard, Parcel #223-03-3520. Applicant Paul Nzomo, Coronado Engineering, gave a presentation. This two -acre lot is part of the Rancho Vistoso PAD. The proposed project is an 8400 square foot building for professional offices. Applicant has met with the neighborhood and received good comments, mostly concerning the heights of buildings and the landscaping. The zoning allows for 24' heights, this project will go to 16' heights. Access will be from Sun City Boulevard, and there will be two future cross axis easements so that future development to the west will have access. Jill Manion -Farrar introduced the staff report into the record, presented the Development Plan and Landscape Plan simultaneously, and recommended approval of the Landscape Plan subject to the conditions in Exhibit A. She paused to answer questions about the Development Plan. In response to Chair Caswell's inquiry, Ms. Manion -Farrar verified that the conditions on Exhibit A were mostly clean-up items. Ms. Manion -Farrar continued with the Landscape Plan presentation, and recommended approval subject to the conditions in Exhibit A. F:WIINUTESW13\2006106-13-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 13 of 19 Chair Caswell commented that Sun City has their own plant palette, governed by their CCR's, which are more extensive than the Town's plant list, and asked if the Applicant would have to comply with the Town of Oro Valley or work with the Sun City CCR's. Ms. Manion -Farrar replied that the plan has developed based on the Town's plant list. Chair Caswell asked if residents are concerned with trees growing too high, would it not be advantageous to put bushes rather than trees in that area. Ms. Manion -Farrar explained that staff had explored the option of having Applicant use shrubs instead of trees, but instead decided on having the applicant integrate slow growing trees. Vice Chair Sturmon asked if staff had considered shrubs like oleanders or paintbrush that would give more color. Ms. Manion -Farrar said those were good suggestions and deferred to the Applicant. Chair Caswell said that since the Applicant was going to give the presentation they could address that issue then. Mr. Vella said that the challenge was that the code requires a certain number of trees, and from that they took species that can double as shrubs. Member Zinkin asked if there could be an alternative to the proposed fountain, and could Applicant instead use some type of art piece. Ms. Manion -Farrar explained that the Town Code permits fountains, especially in a courtyard setting. Mr. Vella added that the Code also requires that the fountain must be recyclable water and to be fully contained so that there is no seepage. MOTION: Member Panas MOVED to recommend approval subject to the Conditions in Exhibit A. Member Zinkin SECONDED the Motion. Motion carried 6-0. 10. OV12-06-06, Oasis Gardens, representing Copeland Construction and Development Inc., requests approval of a landscape plan for a one-story office building development, located on the northwest corner of Rancho Vistoso and Sun City Boulevards, Parcel #223-03-3520. Applicant Joseph Warshauer, Landscape Architect, Oasis Gardens, 3431 East Lind, Tucson, AZ 85716, gave a presentation. Applicant said that this plan represents a visually aesthetic plan and addresses all the neighborhood concerns and requirements. Applicant has met with staff to solve some of the problems with existing trees in the neighborhood. The trees on the north side are from the approved plant list, are also listed as shrubs, and they do bloom. Applicant believes the trees will maintain a height that will be acceptable to the neighbors. Chair Caswell said she believes that the Texas Olive tree is not a tree allowed in Rancho Vistoso or Sun City, and Applicant might what to check. Applicant said that the plant list is Oro Valley's. Mr. Vella explained that Applicant has to meet Town plants requirements, but since the Town does not enforce the HOA requirements, Applicant also has to submit to the HOA. MOTION: Vice Chair Sturmon MOVED to recommend approval subject to the conditions in Exhibit A. Member Johnson SECONDED the motion. Motion carried 6-0. F:\M.INUTES\DRB\2006\06-13-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 14 of 19 11. OV12-05-35, Advantech Facility Design, representing Beverly Harold, requests approval of a Development Plan for the Vistoso Memorial Chapel, located within the Rancho Vistoso PAD at the corner of Rancho Vistoso Blvd. and Vistoso Commerce Loop; Parcel #223- 02-017N. Chair Caswell announced that Item has been pulled from agenda by applicant, to be brought back at a future meeting. 12. OV12-05-35, Advantech Facility Design, representing Beverly Harold, requests approval of a Landscape Plan for the Vistoso Memorial Chapel, located within the Rancho Vistoso PAD at the corner of Rancho Vistoso Blvd. and Vistoso Commerce Loop; Parcel #223- 02-017N. Chair Caswell announced that Item has been pulled from agenda by applicant, to be brought back at a future meeting. 16. Discussion and action to establish a date for a Study Session/Public Meeting to review and possibly act on a proposed Master Architecture Concept Plan for the Oro Valley Marketplace, a future development located at the southwest corner of Tangerine and Oracle Roads. Chair Caswell announced that, at the Chair's pleasure, Item 16 was being taken out of order to be discussed before discussion of Item 13. After discussion and input from Board, the date and time decided on was 6:00 p.m. on Thursday, June 29, 2006, at Town Council Chambers. 13. Public Hearing, OV12-06-01A, Rick Engineering Company, representing Oracle and Hardy 66, LLC., requests approval of a Grading Exception for the Oracle -Hardy Office Development, located in proximity to the northeast corner of Oracle Road and Hardy Road, Parcel #225-12-066C. Applicant Bruce Peyton, Rick Engineering, 1745 East River Road, Suite 101, Tucson, 85718, gave a presentation. This parcel has been before this Board previously. In 1997, Applicants received approval for a grading variance and for a Development Plan for an assisted nursing care facility. Work was started on the grading plans, but there were some corporate shake-ups in the medical world and a decision was made to abandon the project. Applicant is requesting a grading exception for a proposed office building on the site. The staff report refers to previous submittals. After the first submittal, in February, 2006, Applicant received comments from staff that there was room for improvements. A resubmittal was made on May 11, 2006; this had quite a bit of refinement. A third submittal was made in early June, 2006. Because of the timing of the submittals, the staff report we have here is from the second submittal, and not the third. We now have staff support on the changes we are submitting. F:\MINUTESORB\2006\06-13-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 15 of 19 Member Panas asked if he could pose a question to Applicant. Joe Andrews said that generally under parliamentary procedure we leave the floor with the Applicant and the question can be brought up at another time, but it is at the pleasure of the Chair. Chair Caswell said a question would be fine. Member Panas asked if the report in front of DRB is not an accurate picture of what is being presented. Applicant clarified that that was the case, and further explained that the exhibit in the staff report should be dated May 1lth, and the one being presented tonight is June Bch There are a lot of similarities, and Applicant will explain the differences and the results. Paul Keesler further clarified by explaining that the May llth submittal was a second submittal that staff reviewed. Staff felt there was more that could be done before staff could recommend approval for the grading exception. The layout on the May 1 lth report is not supported by staff. The applicant has subsequently met with staff, and has been able to work through the issues and what is being presented tonight is that work, sans the staff report and submittal. Chair Caswell suggested that the DRB listen to the applicant's proposal, but since the Board does not have the complete staff report information, there is a possibility that we might continue to a specific date and time and bring it up with a staff report. Mr. Keesler said that that was at the Board's pleasure. He also stated that staff had done a cursory review, and based on that cursory review everything looks as though Applicant has gone as far as they can with this particular building. Staff will review this latest submittal and will be adjusting the report. Chair Caswell stated that in fairness to the DRB, we would probably want to review the staff report before making a decision, but will leave it up to the Applicant if he wants to give a presentation. Member Zinkin called for a point of order, and stated to Applicant that in fairness to the Applicant, it would better for DRB to review the material three to four days ahead of time, so legitimate questions could be asked of the Applicant. Mr. Andrews said that this was noticed as a public hearing that would have to be opened and closed for this evening. Because it was a public hearing, he would not recommend moving to continue until DRB has held the public meeting. Applicant gave overview of development layout and referred to the exhibits displayed. The project will have two separate buildings — a smaller one at the front and a larger one to the south of that. There is a street connection off of Oracle that comes up through the ADOT right-of-way, at 5% maximum slopes on the right-of-way. That slope then increases to 8% up through the drive aisle up to the first parking bay. There is a retention detention basin on the northern corner and a second in front of the building. The slope continues along the southerly access way up to the two levels of parking at the rear and it's all terraced up. Applicant is trying to minimize the cut in back, but still blend the building into the site. There is about 60 feet of fall across the site. This is a tough site to get a building on. There is a 5' — 7' retaining wall, and ADA requirements further restrict the site. The design changes made since the May 1 Vh submittal were to push the parking back, raise the F:\MINUTES\DR.B\2006\06-13-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 16 of i° parking by 2 feet, and increase the slope of the parking from the middle of the building to the north about 5 feet. There are still slopes in the rear to allow for planting and buffering between the site and the neighbors, and there still is alleyway. With these changes, the elevation is at 68. The lower tiers are 57, then 65, then jump up to 73, and then about 81. Applicant has tried to blend this into the building and take advantage and stair step this up on the hillside. Applicant elaborated on the cross section diagrams displayed. With these changes, the staff report originally had Applicant requesting a maximum cut of 15 feet, and that was reduced by a foot. There is an isolated cut at the retention detention basin area. The original request for fill was 16 feet and is now down to 13 feet. Member Johnson asked if it would be possible to raise the last tier parking at the far rear end of the project. Applicant pointed out that that was already at 5%. Chair Caswell interjected that she believed that Member Johnson was looking at the packet from May 11`h, and asked Applicant if Member Johnson's questions would be answered by the new information. Joe Andrews indicated that he would like to stand corrected based on a comment from Zoning Administrator More earlier. If DRB opens the public hearing and continues this item, DRB should probably leave it open until the next meeting so that that hearing can be held again at that time. Basically, DRB does not have to close the public hearing. Chair Caswell commented that since staff report isn't the correct staff report, it would it be beneficial for DRB to ask for a staff report. Mr. Vella responded that staff would provide a new staff report prior to the continuance date. Member Panas commented that with all due respect to Mr. Peyton, he would prefer to continue this to our June 29a' meeting. Mr. Andrew said that before DRB continues, he would like DRB to open the public. Chair Caswell confirmed with the recording secretary that there were no blue cards submitted. Chair Caswell noted that she was keeping the public hearing open until the motion. MOTION: Member Panas MOVED to recommend continuance until the June 29, 2006, DRB meeting, to allow Applicant and staff the opportunity to provide updated materials. Member Zinkin SECONDED the motion. Motion carried 6-0. 14. Preview, OV12-05-36, Develop IT LLC, representing owner and applicant, requests preliminary review of a Development Plan for the Copperstone Office Complex, located in proximity to the northwest corner of Oracle Road and Hardy Road, Parcels 225-11-1970, 225- 11-1980 and 225-11-1990. Applicant Carl Winters, 270 North Church, Tucson, gave a presentation. This project is between two apartment complexes. One of the reasons for the request for a study session is that, based on discussions with staff, Applicant is requesting that the project be allowed to be a two-story FAMINUTES\DR13\2006\06-13-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 17 of 19 office building, partly because the site where the building will be is on average 16' below the Oracle Road grade. Even at the normal 25' Applicant would only be 9' above grade. In this case, project has two and three story apartments on either side. Applicants have met with the neighbors and noticed everybody within the normal 600 feet. Three persons came: a representative from Suntree Apartments, a neighbor who does look directly at the site; and one who looks out at Suntree Apartments. The neighbor who looks most directly had a concern about drainage. There is a very heavily vegetated area, and none of the neighbors on the other side look over in the direction of the development. Effectively, this proposed project will help screen noise from Oracle Road. Architect Dick Greene, from San Diego, presented elevations and overlays showing how the line of the curb along Oracle Road corresponds to the height of the building. In order to blend in a residential area and into the landscape, Applicant has designed a building that looks smaller, by breaking it up into smaller elements that jut it in and out. On the rear view, which has an overhang, Applicant sees no need to light up the back of the building at night. Vice Chair Sturmon asked if there was any chance that drivers would see any of the air conditioning equipment on the structure's roof. Applicant explained the screening for the air conditioning is set back, and would preclude anyone from seeing the units. Vice Chair Sturmon asked if such a large array of windows on an east sunrise line would create glare onto Oracle, and asked Applicant what type of reflectivity or tinting would be needed. Applicant said that there are sun shades that extend out all along, and the windows are set back. Vice Chair Sturmon asked if signage might be placed up on the face of the building to identify the offices. Applicant said he is aware that there is a very restrictive sign code. There is a plan to have the signage stand out in front of the building. Applicant doesn't know if they will simply have signage on the building and/or on a low profile sign. Member Panas commented that no lighting at the rear of the building might be a concern from a safety standpoint. Applicant said he didn't mean to imply they had no lighting, there would be lighting both on the buildings and low lighting in the parking lot. Member Johnson commented that he liked the scale, residential feel, and color scheme on this project, but would have problems with signage and identification of the building. He suggested using some type of common directory that identifies the project, and a local directory down on the site. Applicant pointed to where they would include some public art and which will also show the identity of the property. Applicant hopes to bring in some copper ore type of stone. Mr. Vella stated that as a preview item, there is no action required at this time. The purpose of placing this item on the agenda was to give Applicants guidance and direction, particularly with regard to the Board's viewpoint of having this be either a one-story or two-story building. Chair Caswell commented that, based on what she was seeing and the fact that the site does drop considerably at the site, she doesn't feel a two-story building would be inappropriate. She also F:\MINUTES\DR.B\2006\06-13-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 1S of 19 said that the design is a good one. Her only concern at this point was making sure that CPTED is taken in consideration with regard to the lighting and landscaping. Member Zinkin asked what the height code was for these buildings, and was told that it was 25 feet. He asked about reflectivity issues on the west side, for the setting sun. Applicant said they will also have sun shades along the west side. Member Johnson commented that with the scale of Oracle along there, a one-story project may not be compatible. Since the site is so much lower than Oracle Road, drivers might be looking at rooftop equipment if they were only one-story high, and does not think that is appropriate. Member Johnson asked if the recess shown in sections, and asked if that was shown only in the end units or if it was typical all the way across. Applicant replied that the treatment goes all the way across the building. Vice Chair Sturmon said he liked the proposed landscape, but at the same time asked Applicant if they anticipated needing all of that first floor area, or could they use some of it for parking. Applicant said they had originally designed the building in that fashion, but the cost was prohibitive. Vice Chair Sturmon asked if it would be appropriate to think about bringing the buildings up a bit, and the parking more to the rear. Applicant replied that regulations require that the site has to be cut through the middle, with half of the parking in front and half the parking at the rear. Member Zinkin said that the project's two propose flagpoles, if to be seen from Oracle road, would have to be rather high. Applicant feels that the flagpoles are important these days, would like to include them, and though they will be subtle, they will be visible from the parking lot. Chair Caswell asked Applicants if they had received adequate guidance, and Applicant said yes. Chair and Board thanked Applicants for their presentation. 15. Discussion and possible action regarding election of a Chair and/or Vice Chair of the Development Review Board (DRB). Chair Caswell said the Board could take action now, although the DRB guidelines state that an election would have to be held again in August. She suggested a discussion to perhaps continue this for when the new members are on board or make a decision this evening. Member Zinkin suggested that Vice Chair Sturmon chair the next meeting, and that this issue be placed early on the August agenda. In response to Chair Caswell's inquiry, Mr. Andrews said that since the item reads "discussion and possible action" it is possible that the Board could take no action, so Board could decide to take no action and place it on the August agenda. Member Panas suggested that we could place it on the June 29t' agenda, especially since the two new people are not going to be familiar with the existing members. Chair Caswell said that FAM.INUTES\DRB\2006\06-13-06 Draft Minutes.doc Minutes approved 08/08/06 06/13/2006 Development Review Board Minutes Page 19 of 19 while that was true, there would be two more persons influencing the decision. Mr. Andrews interjected that if a chair is elected on June 29`h, the Rules state that the Board will again have to elect in August. A decision was made to request staff to place this item on the August agenda. 17. Recognition of Chair Caswell and Member Johnson for terms of service as Development Review Board (DRB) Members. Members of the DRB and staff expressed their deep appreciation and thanked Chair Caswell and Member Johnson for their tremendous contribution to the Board, Chair Caswell and Member Johnson thanked DRB members and staff for their support. ADJOURNMENT MOTION: Member Zinkin MOVED to ADJOURN the June 13, 2006, Development Review Board Regular Session at 10:12 p.m. Motion carried 6-0. Prepared by: a -- -,j �'l Arinda Asper, Recording Seofetary FAM1NUTES\DR13\2006\06-13-06 Draft Minutes.doc Minutes approved 08/08/06 /7 TOWN OF ORO VALLEY STAFF REPORT TO DEVELOPMENT REVIEW BOARD MEETING DATE: June 13, 2006 TO: DEVELOPMENT REVIEW BOARD FROM: David Ronquillo, Senior Planner SUBJECT: OV12-06-09, Primetime Real Estate Holdings LLC., representing Mercado Del Rio LLC., requests approval of a Landscape Plan for lot 3 of Mercado Del Rio, located west of Oracle Road on the north side of Pusch View Lane, Parcel 224-28-2550 BACKGROUND: The project site lies within the 17 acre Mercado Del Rio commercial subdivision. Lot 3 of this subdivision consists of .88 acres and the zoning is C-2 Commercial District. A Master Landscape Plan (MLP) was previously approved for this site. The plan addressed landscaping for all the perimeter buffer yards and internal street frontages. The MLP would set the standard in which subsequent individual landscape plans are to generally follow. Landscaping for the internal areas would be addressed as part of the individual landscape plans submitted for each lot. SUMMARY: The following are elements of the landscape plan: • The bufferyards are in accordance with the MLP. • Adequate vegetation is provided within the internal areas of the site. • All disturbed areas have been landscaped. • Adequate landscaping has been provided around the perimeter of the buildings with the exception of the north side building area. Condition 1 has been added for this to be achieved. • Native and drought tolerant plants have been utilized. • A Native Plant Preservation Plan has been previously approved for the Mercado Del Rio Subdivision. • The loading zone area is screened with a 6' high masonry screen wall with vegetation located on the outside of the wall. The proposed landscape plan conforms to all the requirements of the Oro Valley Zoning Code and previously approved Master Landscape Plan. Design Guidelines • Addendum A 2 ci, "Design buildings at the ground or pedestrian level that express hufnan scale" As previously mentioned in the Development Plan report, staff recommends that an outdoor waiting/seating area with planters and benches be provided in front of the building by the main entrance. Condition 2 has been added for this to be achieved. TOWN OF ORO VALLEY STAFF REPORT TO DEVELOPMENT REVIEW BOARD Page 2 GENERAL PLAN COMFORMANCE: The proposed Landscape Plan is in compliance with the General Plan as recommended in Policy 11.3.1, "View protection is to be an essential aspect of development review and project approval ". Adequate landscaping has been provided in the bufferyard areas and adjacent to the loading zone. The development will not have any viewshed impacts from Oracle Road. RECOMMENDATION: It is recommended that the Development Review Board approve the Landscape Plan for Lot 3 of Mercado Del Rio, subject to the conditions specified in Exhibit A. SUGGESTED MOTIONS: I move to [approve, approve with conditions, OR deny] OV 12-06-09, Landscape Plan for Lot 3 of Mercado Del Rio, subject to the conditions specified in Exhibit A. Staff recommends that any motion to approve be subject to the conditions specified in Exhibit A. Attachments: 1. Exhibit A 2. Landscape Plan cc: Mike Bankowski, Fax: 229-9317 Kit Donley, Fax: 797-2541 F:\OV\OV12\2006\12-06-09\reports\LPDRBrpt6-13-06.doc EXHIBIT A OV12-06-09 LOT 3 OF MERCADO DEL RIO 1. The landscaped area adjacent to the front sidewalk must be located closer to the building in conformance with Section 27.6.C.3.D (10' landscaped area around the building). 2. In lieu of the parallel parking spaces provide a passenger drop off area and an outdoor waiting/seating area with planters that cover a minimum 50% of the remaining area and a minimum of two benches in front of the building by the main entrance. The details must be depicted on the plan. 3. Reposition the four (4) proposed trees within the southern S.V.T. at the western PAAL entrance off Vuelta Caminata Del Rio on the west side of the parcel. 4. Redraw the channel so as the rip -rapped area is similar to what is shown in Detail H on Sheet 3 of the Development Plan. Presently the tree locations alongside the channel are shown in rip -rapped areas. 5. Revise the landscape plan to reflect each of the aforementioned conditions and the development plan changes. F:\OV\OV12\2006\12-06-09\reports\LPDRBrpt6-13-06.doc TOWN OF ORO VALLEY STAFF REPORT TO THE DEVELOPMENT REVIEW BOARD MEETING DATE: June 13, 2006 TO: DEVELOPMENT REVIEW BOARD FROM: David Ronquillo, Senior Planner SUBJECT: OV12-06-09, Primetime Real Estate Holdings LLC., representing Mercado Del Rio LLC., requests approval of a Development Plan for lot 3 of Mercado Del Rio, located west of Oracle Road on the north side of Pusch View Lane, Parcel 224-28-2550 BACKGROUND: The project site lies within the 17 acre Mercado Del Rio commercial subdivision, which was approved as a Master Development Plan (MDP) and Preliminary Plat by Town Council on May 19, 2004 (OV 12-03-22). It was also approved as a Final Plat by the Town Council on October 20, 2004. The zoning for this site is C-2 Commercial District. Lot 3 consists of .88 acres and is currently vacant and undisturbed. The zoning for this site is C-2 Commercial District. SUMMARY: The following is a summary of the project: • A 5,844 square foot restaurant building (two stories). Adequate vehicle circulation. • Pedestrian connections linking this project to other lots. • A passenger drop off and loading zone. SURROUNDING LAND USES: North: C-2 Commercial, Lot 5 of Mercado Del Rio, Undeveloped. South: C-1, Commercial, existing Cancha De Golf East: C-2 Commercial, Lot 2 of Mercado Del Rio, Undeveloped. West: C-2, Commercial, Lot 4 of Mercado Del Rio, Undeveloped. OVZCR COMPLIANCE: Master Development Plan Compliance: As previously mentioned a Master Development Plan (MDP) was approved for this site, which specified general building location, square footage and circulation. For this lot, the MDP specifies a gross floor area of 6,700 square feet and the building pad is positioned on the west side of the lot with vehicle circulation enabled on the north and west sides of the property. Because the MDP represents a conceptual layout of a large scale project, modifications to each individual pad are anticipated as specific users are identified. Changes are accommodated without revisions to the MDP as long as the overall framework (circulation etc.) remains in tact. The proposed Development Plan incorporates the following changes: TOWN OF ORO VALLEY DEVELOPMENT REVIEW BOARD STAFF REPORT Pa e 2 • Decrease in square footage from 6,700 s.f. to 5,844 s.f. • The building has been redesigned along the southern portion of the lot to accommodate better circulation with the adjacent Lot 2. • The building has been shifted closer to the southern property line with most of the parking area along the north side of the building, not visible from Pusch View Lane. • The development is underparked and will utilize shared parking with Lot 2. The proposed changes will impact the adjacent lot; however, will achieve a much better design. Consequently, the proposed design is viewed to be in general conformance with the Master Development Plan. Setbacks & Maximum Building Height The maximum height of buildings in a C-2 Commercial District is 30' (two stories). The following setbacks are required; front 20' and no side or rear setbacks. The development complies with these requirements. Vehicular Parking Per the Parking Code, the restaurant use will require a total of 59 vehicular spaces, which equates to one parking for every 100 square feet. The development provides a total of 41 spaces (on lot 3). As proposed, the development is under parked by 18 spaces and the applicant is requesting approval of an alternative parking plan per the provisions of the Code. The Mercado Del Rio Association permits shared parking between lots and this development has been designed to accommodate additional spaces from lot 2, directly to the east. A total of 32 spaces are provided on this lot and it is expected that the end user for lot 2 will be retail use. With shared parking, lot 3 will decrease the available spaces on lot 2; however, with the future development of lot 1 it is likely that both lots 2 and 3 will be combined. At this time, adequate parking will be achieved for both lots. Based on the applicant's proposal, staff supports the alternative parking plan. Furthermore, with regards to parking there are four handicap accessible spaces located in proximity to the front of the building. Typically, these spaces are located directly adjacent to the building in order to minimize obstacles and traffic conflicts. Staff recommends that these spaces be moved to the parking area on the east side of the building adjacent to the front entrance. Condition 1 has been added. Traffic Circulation Overall, this development provides adequate internal circulation and to the adjacent lots. However, staff is concerned with the location of the parallel parking in front of the building. The location of these spaces may create hazards as vehicles maneuver in and out of the spaces, especially in proximity to the main building entrance. The location of these spaces may not be the most practical in this area. F:\OV\OV12\2006\12-06-09\reports\DPDRB.RPT6-13-06.doc TOWN OF ORO VALLEY DEVELOPMENT REVIEW BOARD STAFF REPORT Paae 3 Since the development will utilize additional spaces from the adjacent lot, staff recommends that the four spaces be removed and a passenger drop off area accompanied by an outdoor waiting/seating area with planters and benches be incorporated in front of the building. Condition 2 has been added. The specifics are further addressed in the landscape plan report. Pedestrian Sidewalks The proposed development incorporates pedestrian sidewalks with the internal areas and to the adjacent lots. Design Guidelines: • "Design buildings so that orientation and height are sensitive to adjacent land uses. " The building will be two stories and has been designed in a manner to minimize impacts to the adjacent properties. • "Design multiple building projects with courtyards created by building placement, or otherwise define usable outdoor spaces. " As previously mentioned, staff recommends that a landscaped outdoor seating area with planters and benches be located in front of the building. Drainage: Lot 3 occupies the western portion of a drainage area that encompasses Lots 1, 2 and 3. Drainage for the Auto Service Center (Lot 12) flows south across the Lot on either side of the proposed building crossing into where it is captured in catch basins at the south end of lot. From the catch basins, runoff passes through a first flush treatment chamber and is then conveyed to a drainage channel running along the south end of the overall development. This channel then drains into Rooney Wash and ultimately into the CDO Wash. Detention requirements have been waived for the overall Mercado Del Rio development because of rapid conveyance of runoff to the CDO Wash. Grading: A Type 2 Grading Permit will be required to construct the building pad, parking lot, drainage structures, and utilities. Traffic: Immediate access to the facility will be from a shared driveway on the west end of Lot 3 off of Vuelta Caminata Del Rio a north -south directed private road running along the west end of Lot 3. Vuelta Caminata Del Rio in turn connects to Pusch View Lane, which runs along the south end of the overall development. Said shared drive will service lots 1 and 2 in the future, with a future drive loop connecting north to Vuelta Caminata east - west reach. F:\OV\OV12\2006\12-06-09\reports\DPDRB.RPT6-13-06.doc TOWN OF ORO VALLEY DEVELOPMENT REVIEW BOARD STAFF REPORT Page 4 GENERAL PLAN COMPLIANCE: Staff has reviewed the proposed Development Plan with regards to the General Plan Policy Design Elements. In particular, Policy 2.1.4 applies, "The Town shall require that all development proposals depict and arrangement of and massing of buildings and/or arrangements of lots to minimize impacts on views from the adjacent properties and streets and from properties and streets internal to the proposed project while providing privacy for residents. " The proposed development will be located within a commercial subdivision and adjacent to the existing Rooney Ranch Center. The building has been designed to minimize impacts to the adjacent properties. PUBLIC NOTIFICATION AND COMMENT: The surrounding property owners have been noticed in accordance with the Town notification requirements. To date, no comments have been received. RECOMMENDATION: It is recommended that the Development Review Board approve the Development Plan for Lot 3 of Mercado Del Rio, subject to the conditions specified in Exhibit A. As specified in Exhibit A. there is an extensive number of conditions, specifically related to engineering. The majority of these conditions are minor in nature and clean up items. In the end, none of the conditions will affect the building configuration or site layout. SUGGESTED MOTIONS: I move to [approve, approve with conditions, OR deny] OV12-06-09, Development Plan for Lot 3 of Mercado Del Rio, subject to the conditions specified in Exhibit A. Staff recommends that any motion to approve be subject to the conditions specified in Exhibit A. Attachments: 1. Exhibit A 2. Development Plan cc: Tri Miller, Fax: 322-6956 Mike Bankowski, Fax: 229-9317 Kit Donley, Fax: 797-2541 F:\OV\OV12\2006\12-06-09\reports\DPDRB.RPT6-13-06.doc EXHIBIT A OV12-06-09 LOT 3 OF MERCADO DEL RIO Planning: 1. The handicap accessible spaces located on the north side of the building (across the drive aisle) must be relocated to the west side of the building. The pedestrian sidewalk should provide a direct route from the parking area to the front of the building. 2. The four parallel parking spaces in front of the building must be deleted. A passenger drop off area accompanied by an outdoor waiting/seating area with planters and benches must be achieved. The design of this area must be approved by the Planning & Zoning Administrator. The specifics must be addressed in the landscape plan. 3. The landscaped area adjacent to the sidewalk must be located closer to the building in conformance with Section 27.6.C.3.D (10' landscaped area around the building). Engineering . 4: Show the missing items and Iine-types which are shown on the Plan Sheets but are not shown in the legend. Make any needed changes to the line -types presently shown in the Legend to match what is shown in the Plan Sheets 5. Provide missing spot elevations as shown in the red -lines. The spot elevations shall be used to identify the following: a. Spot elevations at sidewalk ramps and cross -walks will verify ADA compliance. 6. Address all red -lined comments on returned plans. Please return redlines back to the Town of Oro Valley. 7. Change the General Note #10 to read "Drainageways will be constructed according to approved plans prior to the issuance of any permits from the Town Engineer and/or Building Official for parcels affected; These parcels to be identified either by number in note, or by outline on the Development Plan. 8. Clearly indicate existing and proposed easements on and adjacent to the tract with their dimensions and purpose, giving recording data of existing easements. 9. Show existing and proposed streets on and adjacent to the tract with their names and right-of-way widths. Give recording data of existing streets; show typical section for proposed streets. Development Plan Sheet 1: 10. Show the recording information below Pusch View bane and Vuelta Caminata Del Rio. 11. Show "New Pavement" within both of the Item and Symbol columns in the Legend. Sheet 2: 12. Clarify the R.O. W. width for Pusch View Lane at the bottom of this sheet. The R.O. W: widths shown do not match what is measured. Also clarify which line is the centerline for Pusch View Lane. Make needed corrections. 13. Label the different line types as pointed -out on the redline sheets. Show on the Legend if needed. 14. Clarify the locations of the following Keynotes on the Plan Sheets. They cannot be located at this time. (Keynote #4, # 12, # 14, 915, # 19, and #21) 15. Provide one (1) turnaround spot at the far southeast part of the PAAL. 16. Remove the portion of the ADA accessible isle from the travel way of the PAAL south of the ADA parking spaces. Only an acceptable crosswalk may be located within vehicular travel ways. 17. Provide an acceptable ADA route from the public ROW on Pusch View lane. The access shown will need to be modified to eliminate the ADA accessible isle from the southern PAAL. PW-ChopsRestaurant DP 2ndSubmittal 060206 18. Adjust the delineated Sight Visibility Triangles (SVT's) to OV standard onsite PAAL development (IO'x100' near side and 10'x70' far side.) Sheet 3: 19. Provide proposed spot elevations (•) where shown on the redline Plan Sheets. 20. Change the Existing Trash Enclosure grades at the area just west of Chops Restaurant, Storm water "ponding" will occur at this location at this time. 21. Clarify the CO RIM 42.50' elevation in the center of the 12' x 35' loading zone. This elevation is 1.0'+ higher than the surrounding area. Make needed corrections. 22. Clarify the CO RIM 43.60' elevation in the center of the PAAL entrance off Vuelta Caminata Del Rio. The rim elevation is 3.0'+ higher than the adjacent pavement elevation. Make needed corrections. 23. Correct the FS elevation of 42.92 at the eastern part of the parking lot. Presently ponding will occur at this area without an elevation correction. 24. Show and call out all drainage structures (curb opening) at the southeast corner of the Chops Restaurant where storm water drains off the PAAL to the Drainage Basin. 25. Show the centerline and Right -Of -Way (R.O.W.) widths of Pusch View Lane and Vuelta Caminata Del Rio. Also show any easements located in these R.O.W. areas. Drainage Report 26. Identify the placement/location of the 9" curb opening that drains the parking lot at the southwest and of -the site. 27. Change "Appendix C" to read "Appendix D" in the seventh line in the second paragraph under 3_0 Retention/Detention and First Flush Requirements on Page #5. 28. Reconfigure the drainage just west of Chops Restaurant within Figure I Local Drainage Map. Revise the elevations around the existing trash dumpster and the proposed Storm Water Catch Basin. 29. Provide a detailed drainage figure for the southwest corner of the site in the vicinity CP 1. Populate this area with spot elevations and thoroughly characterize the flow pattern here. 30. Clarify the discrepancy in culvert geometry between the Development Plan and the Drainage Report for culvert at the southwest end of the site. (2 — 12"pipes or 2 —18" pipes). Check the Development Plan for accuracy. Boundary Closure Calculation 31. Clarify the lower left boundary curve Delta: 19' 00' 08" shown on Sheet #2 and Delta: 5° 09' 08" shown within the Boundary Closure Calculations. They do not match. Make needed corrections. PW-ChopsRestaurant DP 2ndSubmittal 060206 2 RIP -RAP LIMIT PER DETAIL H ON SHEET 3 OF THE DEVELOPMENT PLAN OV-12-03-22 PUSCH VIEW LANE (1381 ROW, PUBLIC STREET) BK 8, PG 57 RM FUTURE IMPROVEMENT LOT 2 BK 59, PG 28 C-2 PER 13K 59, PG 28 NOT FOR CONSTRUCTION, NOT FOR BIDDING - FOR AGENCY REVIEW AND APPROVAL ONLY. LANDSCAPE AND IRRIGATION PLANS ARE NOT TO BE USED FOR LANDSCAPE, MASONRY, IRRIGATION, BIDDING OR CONSTRUCTION. ARC STUDIOS, INC. RETAINS ALL RIGHTS TO LANDSCAPE AND IRRIGATION PLANS. LANDSCAPE AND IRRIGATION PLANS MAY NOT BE REPRODUCED WITHOUT PRIOR APPROVAL BY ARC. STUDIOS, INC. LANDSCAPE LEGEND ALL PLANT MATERIAL- TO MEET OR EXCEED ARIZONA NURSERY ASSOCIATION SPECIFICATIONS TREES SIZE 11TY ___Olea europaea'Swan Hill' Standard 2 Swan Hill Olive 36" BOX ®----- - Prosopis velutina Standard 5 Velvet Mesquite 24" BOX -Brach yychiton populneus Standard 12 Bottlelree 15 Gallon SHRUBS/ ACCENTS SIZE QTY ® Rueillia califomica 5 Gallon 24 Sonoran Desert Ruellia Tecoma stans var. stans 5 Gallon 5 Yellow Bells ® Salvia reggii 'Grape' 5 Gallon 30 Grape avjia Lantana samara 'Radiation' 5 Gallon 16 Radiation Bush Lantana Lantana montevidensis 'White' 1 Gallon 78 White Trailing Lantana Myrtus communis 5 Gallon 6 _ Common Myrtle V C Carissa macrocarpa 'Boxwood Beauty' 1 Gallon 19 U Boxwood Beauty Natal Plum CLeucophyllum langmaniae 5 Gallon 14 UC Rio Bravo Sage Centaurea cineraria 5 Gallon 17 Dusty Miller Jasminum mesnyi 5 Gallon 11 Primrose Jasmine Salvia clevelandii 5 Gallon 11 Cleveland Sage GROUND COVER/ HARDSCAPE MATERIAL DG(TYP.) Decomposed Granite - 1/4" minus -Desert Tan or approved equal - 2" in planting areas as noted. POTS nPot 1 - 27" x 24" Arizona Pottery C014 Color to be selected by Owner's Representative A Cupressus sernpervires - Italian Cypress - 24" Box (spiral topiary) B Mixed Annual Flowers FE_ 11 Pot 2 - 18" x 18" Arizona Pottery C014 Color to be selected by Owner's Representative C Buxus microphylla japonica - Japanese Boxwood - 5 Gallon NOTE: 1. PLANT QUANTITIES ARE PROVIDED FOR REFERENCE ONLY, CONTRACTOR TO PROVIDE THEIR OWN CALCULATIONS FOR QUANTITIES AND INSTALL ALL PLANT MATERIAL AS SHOWN ON THE PLANS. 2. CONTRACTOR TO NOTIFY ARCHITECT OF ANY DISCREPANCIES FOUND ON LANDSCAPE AND IRRIGATION PLANS. 3. CONTRACTOR TO PROVIDE UTILITY LOCATOR SERVICES BOTH PUBLIC AND PRIVATE FOR THE PROJECT SITE. 4. CONTRACTOR TO FEATHER DG EDGE TO NATIVE SOIU SEEDING AREAS. 10 LOCATION M AH n s GENERAL NOTES- 1 Gross area of the site: 38,467 SF (0.88 AC) 2. Total acres graded: 38, 467 SF (0.88 AC) 3. Total open space requried: 10% or 3,847 SF 4. Total open space provided: 3,850 SF 5. Total undisturbed natural areas: none 6. Zone: C-2 NOTES: 1. All Plant Material to be Irrigated by a Fully Automatic Underground Irrigation System Complete with Backflow Preventer that Meets all l ,ocal Cones. 2. Vegetation within the Sight Visibility Triangle shall not interfere with the visibility plane described by two horizontal lines located 24 inches and 72 inches above finished grade or roadway surface. 3. 2" deep, 1/4" minus Decomposed Granite to be placed in all planting areas and non -paved areas. 4. The landscape plan shall be in conformance with the native plant preservation plan and all requi ements set forth therein. MAINTENANCE °PROVISIONS 1. All landscape areas will be maintained on a regular basis under the supervision of the property owner. This maintenance is to include pruning, fertilizing, clearing debris and weeds, and removing and replacing dead plants. 2. All landscape areas will be irrigated using an automatic, underground irrigation system. 3. The property owner shall maintain all plants within the buffyer yards to ensure unobstructed visibility to motorists. All shrubs, accents, and groundcovers shall not exceed 2 feet in height. Trees will be maintained to ensure that branches/canopy foliage is not below a height of 6 feet. ❑ Design Review �iJj �,�A ` f/. ❑ Design Development 39813 ❑ Construction Documents ERIC R. ® Oro Valley Submittal BARRETT � I ❑ Build/Pricing Package _, q ❑ Construction Issue N"'. ;"��. c APPROVED BY OA PZ ROJE MANA E Scale- 1 "= 20' CI = 1' 0 10' 2,0' 40' 60' Am LANDSCAPE STUDIOS LANDSCAPE ARCHITECTURE A T MHS COMPANY IRRIGATION DESIGN URBAN DESIGN ENVIRONMENTAL SERVICES F � R "5,' ,, w n rcodo del Rio LOT 3 Sec. 12, T-12-S, R-13-E, G&SRM, PIMA COUNTY, ARIZONA Drawing Title: LANDSCAPE PLAN TWO WOR7ING DAYS BEFORE YOU DIG. CAI L FOR BLUE STAKES 1-800-782-5348 It BLUE STAKE CENTER - CALL COLLECT 6300 E. El Dorado Plaza Suite A220 Tucson, AZ 85715 Phone 520 882 9655 Fax 520 882 4307 www.arestudiosinc.com Agency Reference Number: O V 12-06-09 Project No. 01-06047 Date: JUNE 21, 2006 Drawn by: LBR Checked by: ERB CAD File: 01-06047 L 1 ARC STUDIOS Contact: Lisa Radtke Drawing Number: L I 1 of 3 M 1 N � U n M O J W 0 H Q Z W W co G Q U�m Q U) Q a J W D IMAGEN SALON AND DAY SPA LOT 5 BK 59, PG 28 C-2 GNt 0exi (P?,BK 1 C-2 PUSCH VIEW LANE (138' ROW, PUBL C STREET) BK 81 PG 57 RM NOT FOR CONSTRUCTION, NOT FOR BIDDING - FOR AGENCY REVIEW AND APPROVAL ONLY, LANDSCAPE AND IRRIGATION PLANS ARE NOT TO BE USED FOR LANDSCAPE, MASONRY, IRRIGATION, BIDDING OR CONSTRUCTION, ARC STUDIOS, INC. RETAINS ALL RIGHTS TO LANDSCAPE AND IRRIGATION PLANS. LANDSCAPE AND IRRIGATION PLANS MAY NOT BE REPRODUCED WITHOUT PRIOR APPROVAL BY ARC STUDIOS, INC. A Scale - I"=20' GI = I' 71=07 O 10' 20' 40' 60, II O Irrigation Source - Stub from Building Mainline ®® Reduced Pre55ure Backf low Preventer - Watt5 UOOq N1 Irrigation Mainline - I" unle55 otherwise Shown. ® Irrigation Controller - Irritrol - MG 4 plus - B 4 Station Controller ® Electrical Remote Control Valve and Filter Valve - Irritrol -700 5erie5 - 100-1 Filter - Rainbird RBY-100-150MX Irrigation Sleeve - 5ch. 40 PVC - 4" unle55 otherwise shown, New Sleeves only -5EH- Emitter Header Glass 200 PVC - 3/4" unless otherwise -TEH- shown Shrub Line - 5/8" Poly Line — Tree/Turf - GIa55 200 PVC - 3/4" unle55 otherwise Shown ® Ho5e End Gap Q Wilkins #q0 - adjustable outlet pressure regulator O Multiport Emitters Rainbird - (6) igph and 2gph ports - Refer to Emitter Chart NOT 5ingle-port Emitte5 - Install Rainbird Xeri-Bug VB-10 and SHOWN XB-20 - Refer to Emitter Chart — Spray Head Lines - GIa55 200 PVG - Size per plan tation Number - See Irrigation Scheduling Chart RRI O ATI ON NOTES 1. The irrigation system is designed with static pressure of 50 psi at the source. Contractor shall verify static pressure and notify architect if any discrepancy occur prior to installation of the irrigation 5y5tem. 3. The turf Spray 5y5tem5 i5 designed with an operating pressure of 30 psi at the head. 4. The turf rotor 5y5tem5 are designed with an operating pressure of 45 p5i at the head. 5. Sleeving for irrigation shall be under all paved areas including streets and Sidewalks and other hord5cape elements. Contractor to notify architect of 5leeving layout prior to installation. 6. Irrigation IineS, valves, and a55ociated equipment are shown Schematically. Contractor shall located all lines in unpaved areas. 1. Locate all lines within the property line. ,5. Maximum distance for distribution tubing Shall not exceed 12' from emitter to plant. rr igat ion Vo I -",le Schedule VALVE 51ZE TYPE -GPM VALVE 51ZE TYPE -GPM A -I 1" TREE- A-5 I" NOT U5ED A-2 I" SHRUB- A-4 I" NOT U5ED ❑ Design Review ❑ Design Development ❑ Construction Documents ■ Oro Valley Submittal ❑ Build/Pricing Package ❑ Construction Issue 39813 ERIC R. BARRET LI ARC STUDIOS LANDSCAPE ARCHITECTURE A T M H S COMPANY �!!► IRRIGATION DESIGN 6300 E. El Dorado Plaza Suite A220 URBAN DESIGN Tucson, AZ 85795 Phone 520 882 9655 Fax 520 882 4307 ENVIRONMENTAL SERVICES www.arestudiosinc.com Agency Reference Number: OV 12-06-09 Project No. 01-06047 Mercado del Rio Date: LOT Drawn by: JUNE 21, 2006 DJR Sec. 12, T-12-S, R-13-E, G&SRM, Checked by: ERB PIMA COUNTY, ARIZONA CAD File: O 1-06047 1-2 Drawing Title: IRRIGATION PLAN TWO WORKING DAYS BEFORE YOU DIG. CALL FOR BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER - CALL COLLECT ARC STUDIOS Contact: Lisa Radtke Drawing Number: L2 2 of 3 6- 4" DEPRESSED ROOTBALL BACKFILL MIX (SEE SPECS.) SCARIFY SOIL TO - PROVIDE DRAINAGE .❖.❖.❖.❖. 12" 1 TREE - PLANTING DETAIL 7 IRRIGATION CONTROLLER NTS SIDE VIEW PVC TEE SxSxT FINAL GRADE FINAL GRADE PLASTIC VALVE BOX WITH LOCKING LID OR APPROVED EQUAL 1" MIN. CLEARANCE BETWEEN BOX CUT OUT AND PIPE BOX CUT OUT (MODIFY IF NECESSARY) PIPE (TYP.) FINAL GRADE PVC ELL PVC NIPPLE PLASTIC VALVE BOX WITH LOCKING LID OR APPROVED EQUAL SEE INSERT FOR CLEARANCE REQUIRED POLY LINE PVC NIPPLE PRESSURE REDUCING VALVE 1 CU. FT 3/4" GRAVEL MIN. (APPROX.12 DEEP) SUPPORT BOX WI BRICK PAVERS (1 PER CORNER) 11 PRESSURE REDUCING VALVE 1/2" DIA. HOSE DOUBLE STRAND TWISTED No. 12 GAL. STEEL WIRE 2"x2" DOUG. FIR OR 2" DIA. LODGE POLE PINE STAKE 4" DEPRESSED BASIN ROOTBALL— BACKFILL MIX — (SEE SPECS.) SCARIFY SOIL TO PROVIDE DRAINAGE �6" FINAL GRADE 2 TREE - PLANTING M DOUBLE STAKE 3/4"A 1 /2"x1 1/2" TOP AND SIDE 12"xl2"xl2" CON( BASE (2500 PSI) TREE STAKES MIN. 6"-8" 12 GAUGE GALVANIZED AND ANNEALED WIRED 3 TREE STAKING DETAIL NTS TREE TRUNK 1/2" I.D. RUBBER HOSE LOOPED WITH WIRE 'GUARDSHACK' ENCLOSURE - DESERT TAN REDUCED PRESSURE BACKFLOW PREVENTER BALL VALVES (1 OF 2) COPPER MALE ADAPTER (1 OF 2) COPPER ELL (1 OF 4) COPPER PIPE (LENGTH AS REQUIRED) 6" DIA. CONCRETE CUTOUT (2) FINISH GRADE 4" CONCRETE SLAB, SLOPE TO DRAIN IRRIGATION MAINLINE PIPE SCH 80 TOE NIPPLE & SCH 40 SOLVENT WELD COUP TO SCH 40 PVC MAINLINE COPPER FEMALE ADAPTER NOTES: 1. INSTALL BACKFLOW PREVENTER AS REQUIRED BY LOCAL CODES AND HEALTH DEPARTMENT. VERIFY LOCAL REQUIREMENTS PRIOR TO INSTALLATION. 2. PLACE BACKFLOW PREVENTER WITHIN SECURITY ENCLOSURE. (SEE SPECIFICATIONS) 3. OPEN! AND CLOSE ENCLOSURE WITHOUT MODIFICATION. 8 REDUCED PRESSURE BACKFLOW PREVENTER WI ENCLOSURE DUST CAP 1/4" TUBING STAKE 1/4" VINYL DISTRIBUTION TUBING SUBTERRANEAN EMITTER BOX WITH CONTINUOUS SUPPORT LIP FOR LID FINAL GRADE MULTI -PORT EMITTER PVC NIPPLE (LENGTH AS REQUIRED) PVC PIPE - SIZE PER PLAN ')VC TEE OR ELL 3" MIN. DEPTH OR 314" WASHED GRAVEL 12 MULTI -PORT EMITTER IN EMITTER BOX NTS ♦000000• 1 II 00000000° ► 0 ... 0 0• • .4•i�i•�`. low ■ ' 1 : • ' •• 1 1 • •• .�. . �.. 191, IL NOT FOR CONSTRUCTION, NOT FOR BIDDING - FOR AGENCY REVIEW AND APPROVAL ONLY. LANDSCAPE AND IRRIGATION PLANS ARE NOT TO BE USED FOR LANDSCAPE, MASONRY, IRRIGATION, BIDDING OR CONSTRUCTION, ARC STUDIOS, INC. RETAINS ALL RIGHTS TO LANDSCAPE AND IRRIGATION PLANS, LANDSCAPE AND IRRIGATION PLANS MAY NOT BE REPRODUCED WITHOUT PRIOR APPROVAL BY ARC STUDIOS, INC. 2"-3" DEPRESSED BASIN ROOTBALL BACKFILL MIX (SEE SPECS.) SCARIFY SOIL TO - PROVIDE DRAINAGE 4 SHRUB PLANTING DETAIL 24" PIPE CROSSINGS 2" FINAL GRADE MINIMUM DEPTH SHOWN FOR PIPE TYPE TRENCH FINAL GRADE DRIP LINE (PVC OF POLY LINE) SPRINKLER LATERAL & EMITTER HEADER (PVC) MAINLINE & SLEEVE (SCH. 40) CONTROL WIRES (TAPE & BUNDLED EVERY 10') COMPACTED SUB GRADE NOTES: 1. ALL MAINLINES TO BE INSTALLED IN ACCORDANCE W/ MANUFACTURER'S SPECIFICATIONS. 2. TRENCH WIDTH & DEPTH TO VARY DEPENING ON NUMBER & TYPES OF PIPES CONTAINED THERE IN. 9 IRRIGATION TRENCHING DETAIL NTS 1/4" TUBING STAKE 1/4" VINYL DISTRIBUTION TUBING FINAL GRADE SINGLE OUTLET EMITTER .580 POLY TUBING 14 SINGLE OUTLET EMITTER PLANTED IN ACCORDANCE WITH SHRUB PLANTING DETAIL OREQ'D + J SPACING 1 GALLON GROUND COVER REQ'D --- SPACING 5 GROUND COVER PLANTING SIDEWALK, CURB OR MOW STRIP FINAL GRADE - TURF, -- DECOMPOSED GRANITE, OR OTHER e — as •~--�`•.-�••. COMPACTED SUB GRADE FINAL GRADE JUMBO PLASTIC VALVE BOX WITH CONTINUOUS LIP FOR SUPPORT AND LOCKING LID BATTERY OPERATED CONTROL VALVE BALL VALVE (REFERNCE SPECS.) PVC NIPPLE (CLOSE (2)) PVC ELL (TxT) PVC NIPPLE (LENGTH AS REQUIRED) BRICK (1 OF 4) PVC NIPPLE (2" LENGTH, HIDDEN) AND ELL PVC TEE OR ELL PVC MAINLINE PIPE 12" MIN. DEPTH OF 3/4" WASHED GRAVEL PVC 1" TO 3/4" BUSHING FILTER - INSTALL FILTER ON SIDE OR DOWNWARD 450 ANGLE PVC MALE ADAPTER UNION - LINE SIZE PVC LATERAL PIPE 10 REMOTE CONTROL, VALVE, BALL VALVE, AND FILTER ASSEMBLY NTS ■ iuiu. i oil\:%�•�%%;:�� i���a .1 • • 15 HOSE END CAP - POLY NTS • :• 1 1 1 • u��t ❑ ❑ Design Review Design Development ❑ ❑ Construction DocumentsOro Valley Submittal Build/Pricing Package❑ ((1( Construction Issue.e ARC STUDIOS LANDSCAPE ARCHITECTURE A T M H S COMPANY "�► IRRIGATION DESIGN 6300 E. El Dorado Plaza Suite A220 URBAN DESIGN Tucson, AZ 85715 Phone 520 882 9655 Fax 520 882 4307 ENVIRONMENTAL SERVICES www.arestudicsinc.com Agency Reference Number: OV12-06-0 Mercado del Rio LOT 3 Sec. 12, T-12-S, R-13-E, G&SRM, PIMA COUNTY, ARIZONA Drawing Title: DETAIL SHEET TWO WORKING DAYS BEFORE YOU DIG. 1CALL FOR BLUE STAKES 1 1-800-782-5348 BLUE STAKE CENTER - CALL COLLECT Project No. 01-06047 Date: JUNE 21, 2006 Drawn by: LBR Checked by: ERB CAD File: 01-06047 L3 ARC STUDIOS Contact: Lisa Radtke Drawing Number: 3 of 3 30 1 133HS P°Ip!JeDSOXGobSS\ObSS\2bZS\e0 ,00Z=„ 6 :31d0S 90/9 � / 20 : 3iva ued '0 1 S\uad\O I Ado I d I \SPJDPuD4-SIiQ! H\ I on+-AJG\\ 0 8Z Od `65 N8 OIL 134 OOdO83W S10l I,K V ufIVtLSH"'uLy SdOHD 1181HX3 IVIH3d ,OOZ = „ � :31VOS obuou engs asmo osai(3 ueS wuaoyd WOD-supeauisualaii 9S69'ZZ£'0ZS (XVJ) OOO L'S6L'OZS 8 LLS8 ZV 'I OS:)rU LOL 3iins - avos 213/ S 1SN3 SVZ L uosDn.L N 0 20-Si 900Z-100-LI ubp ° I OdpobSS\0bS5\2b 2\ a0 90OZ-ZZ-90 :31Va I IQ(1 °(-h I (-\ I ILa J\ n I A 1 rl I (1 I \ Qn Inr-)1 1r-) 1 (-\I-, I � i\ I �r I - A - . IM 91 L E 30 � 133HS 1VA831NI 8n01NO3 ,00� :31VDs Sf10I/138d) ZZ-�O-Z 6/1C 'VNOZIHV 'A1Nn00 VWId 'A311VA OHO 30 NMOl ' NV I O I83W 83A I8 11VS V V1 I 9 'iSV3 U 39NV8 60-90— Z I ACC 'HinOS Zl dIHSNMOl 'Z6 NOI103S 30 0/1 1SV3H1nOS 3Hi 30 NOIiHOd a=NI 031V30 1 BE 0d `69 )18 01U -13a oaVOa3W - E 10-1 -- --———————---— — — — — —— 3NIi AVM 301H9I8 — — — — — — 1N3W3AVd M3N - -------------—— — — — — ——---------1N3W3AOHdWI.3Hnln3 — 98n0 '8 N1VM30I S iSIX3 _ — —— --——— — — — — ——--------- NIVdOWdOiS 1SIX3 — — — — — NIVHO WHOlS 03SOdOdd A1NO 3Sn ONISS3800V d03 1VA08ddV 831VM3iSVM A1Nn00 VWId 90 -0z-.0L r N8310 NMOl A311V ,;-2 9 7' - — — — — — — — — — — — — Sdna 1VO I 183A 31380NOO 1,9 ' 900Z30 AVOIS I Hl 031VO — — llVM 9NINIV138 iSIX3 '900Z �'r � 30 AV0 3Hi NO IIDNn00 ONV dOAVW 3Hi A9 03AOSddV SVM H03 NVId 1N3Wd013A30 3Hi 1VH1 A3I1d30 A9383H — — — — — — — 38nSOlON3 HSV8i 00 ZV ' A31lVA OHO 30 NMOl ' N8310 NMOl ' ;,►VA,777 A I -- — — — ——--------3lONVI81 AlIlIMIA 1H9IS a 1d300d �8-—————— ————--——————— —SdWVd SS300V 98nO 0'00 93 - — — — — — — — — — — -- — — — — — — — 30V89 HSINI3 X08ddV il— — --———— ————--——— — — — — —— 3dMS 03SOdO8d 0 - — — — — — — — — -- — — — — — — 38niondlS 1311nO N I SV9 ------— — — — — —— —---l1VM 9NINIVI38 - — — — — — — — — — — — ON I MVd dVO I ONVH 6 5 — — — — — — — — — — — — — — — — — 030IA08d S33VdS 9NINHVd 6l• - - --— —————————839WnN 9NIOlIn9 n F, j- 3- — — —— —------NOI1VA313 8001A 03HSINIA - — — — — — — — — — — -- — — — 398VHOS I O =00 [0 HD3 M088V MOl3 S}o S6=ooi0 — — — — —— ------------SNOIlIONOOMOl3 — — — — — — — — — — — — — 30V'89 °� Hl I M M088V MOl3 - _ ........ 1/1-----------------3NI1 3131/0I8103131SIX3 - 3H0 — — — — — — — — — — — — — — — 3NIi DI81O313 OV3H83AO 1SIX3 —n1e�i�31— — — — — — — — — — — — — — — — 3NIi 319V0 Al/3NOHd3l31 1SIX3 — — — — — — — — — — — — — — — — — — — — 3NIi SV9 iSIX3 . 100-———— — — — — —— -- 3NIi WoH9830Nn iSIX3 M— — — — — — — — — — — — — 3AlVA/M 3N I 1831VM iSIX3 (-? S -- — — — — — — — — — — — — — — — — — —HW/M 3N I l 83M3S iSIX3 CC . --————— ————--= — — — — —— 39031N3W3AVd iSIX31<m — — — — — — — — — — — — — — — — — SXOV8l3S ON I Ol I n9 ✓ cn n ----- — — — SiIWII 08VA8333n9 3dVOSONVI L� _ r'r5�z x — — — — — — — — — — — — — — — — — — NO I 1VA313 lOdS iSIX3 e5�z — — — — — — — — — — — — — — — — — — — 3NIi BnOlNOO iSIX3 ) Co:rn — — — — — — — — — — — — — — — — — AdV'0Nn08 iN3W3SV3 `— ✓� ; Z — — — — — — — — — — — — — — — — — — — — — 3NIi A183dOdd �, Ct Z l 10l — — — — — — — — — — -- — — — — — — — ABVONn09 NO I S I A I09nS -109HAS Wn1V0 A1Nn0O VWId „90, LS o0 61 30n1 I ONO1 „ZS,EZ.Z£ 30n1I1V1 VNOZIHV 'A1NnDD VWId A311VA 080 3D NMO1 'W8S T 9 3 B 8 'S Z6 1 'Z6 NOI103S dVW NOI1d001 91 1 £6 _ , E-IiS3 9 HOS l71S3 doaVls,InONOD -3 S A3TIVA a3a t n t aensNn n Nn 8l ��oo n3a� VHONVO BnSNn 1-0 3NV'l-ov M3In HOsndffff 9nSNn HS d L Z6 h31I CIN3031 INSMONNVB 3NIW :N11V bH-66Z (OZS) H L99 ZV 'NOSDnl AVM N00319WIM 1S3M 9M 01l 'SONIOIOH 31ViS3 1V38 34I131NIdd M3dOl3A3a /U3NMO ,133roUd -� SIH1 I(, -)I/ r�t=� r /--\ r O99Z-8Z-VZZ 'ON 1308Vd ON 130Hdd S,UOSS3SSd 018 130 0OV083W 30 S1N3W3AO8dWI 3Hi H1IM NOIIVIDOSSV NI SV38V 9NI83H1VO DIl9nd iV 030IA08d 38V S30VdS ONINBVd 310AOI9 lVNOIiIOOV iN3W3389V ONIXBVd ONV SS303V SSO83 V HlIM Z 101 NO S30VdS SZ 0NV 2 101 NO S30VdS 22 30VdS 6 33VdS l AS 666'VZ 01 000'9 :S33VdS ONIOV01 S30VdS 2 S33VdS 2 (038In038 S33VdS OZ HOV3 Had 6) 310AOI9 30V'dS 1 30VdS 3l8ISS300V NVA S33VdS 2 S30VJS 2 S30VdS SL 01 L9 :dV'OIONVH S30VJS gs S30VdS 89 = 3S bb8'S X 3S 0006/O6 3S 092'9 (OHV0NVIS) 1NV8nviS38 ---- 310I H3A 030IA08d 9NINHV'd 038InO38 ONINdVd : SNO I 1V1n01V0 S30VdS ON I0V01 DNV ON I NHV'd ' LZ ,0 133diS 31VAIdd =1S3M '0£ NIW ,OZ 133diS OIIBnd :H1nOS -- ,0 133diS 31VAIdd :iSV3 -- 10 13381S 31VAI8d :H1HON N3V913S ,9Z XV'W ,02 :(H) 1H9I3H MaiInB S380V 88'0 V/N ------ :V38V 101/31IS '93 O�SOdOdd ------ 03MO11V/038InO38 01U 13a OCIV3U3W - E log 9 a3nNI1N00 - S31ON Ida3N30 w ■ Nd O d �d I obuaureneg a8uel® apIsJan.d 08a� u¢S muaoyd uos�pnl woYBupeaul8ualap �l�t�+'dl^IO� �JPII�IH3I�II0I�I� 9S697Z£'OZS (XVA) 000 L UL'OZS WS8 ZY'N0S-Jnl LO L 3J ns - av0m AMIS ISW StL L '1VIDI330 ONI01In9 80/ONV 833NI9N3 NMOl 3Hi A9 SlIW83d ANV 30 30Nvnssl 3Hi 01 8O I8d SOVd 80 S101 1V I 083WW00 80d 0311 I enS 38 11IM SNVId iUMdO13A30 ' SZ 3S OS8'E SI 030IA08d S33VdS N3dO JO V38V 1V101 3Hi 3S L09'2 80 %0[ SI S33VdS N3dO 30 1NnOWV 038In03d 3Hi 'OZ 9-A :NOI10n8iSNO3 30 3dA1 Z-V idn0d0 AONVdn000 08VONVIS - 1NVdnviS38 :3Sn 03SOdOdd 'U (1VI083WWOD) Z-0 SI ONINOZ 9NI1SIX3 'ZZ 1V101 3s OW S : S I V38V 9N I Ol I n9 13N OV 88'0 80 3S LW K :SI 1N3WdOl3A30 SIH1 JOV38V SS089 3Hi '6Z '1S3M „62,0S-00 HiHON ONI39 ONIdV'39 QIVS '00'bOZO 'ON GOP ' ON I d33N I 9N3 S8 AB SNV'ld NO I SN31X3 3NV1 M3 I A HOSnd 'A311VA 080 30 NMOl Had 30383H1 83NHOD b/i iSd3 3Hi DNV 83N8OD iSV3H1nOS 3Hi N33M139 '21 NOI103S 30 3NIi iSV3 3Hi SI 103('Odd SIH1 H03 S9NIdV39 30 SISVB 3Hi 'OZ 'Lb2# X8VW 30N383338 V'W33 d3d Wn1V'0 VW33 id 3AI88V 01 N0383H NMOHS SV Wn1V0 990AVN W083 ,i'Z 1DV819nS'(WniVO 880AVN) ZS-MZ 9N I 39 NO I1VA313 GIVS ' SNVId 9N I 833N I 9N3 SH 0 I V'S Had AVM39VN I V'80 30 X030 31383NO3 NI 6 �# 1N I Od 13NV'd S I 1D3 ('Odd S I Hl HOJ NO I iVA313 30 S I SV'9 3Hi ' 61 '830d0 ONIXHOM 83dOdd V NI W31SAS NOI1V'9I88I 3Hi NIV'1NIVW (E 'SAVO 06 NIHIIM S1VI831VW iNVld OV30 ANV 33V1d38 (Z 'NOIlIONOD 3383 HSV81 ' 3383 033M V NI 03N I V1N I V'W SV'38V 3dVDSONVI 038I nO3d 11V d33N ( 6 :01 3389V SN9ISSV 80 S80SS30DnS SIH '83NMO A183dO8d 3Hi '86 'NOI1VI00SSV S,83NMO SS3NISn8 80 83NMO Ald3dOdd 3Hi 30 AlIlI9ISNOdS38 3Hi SI 83M3S DIlend 3Hi 01 NOIi03NNO3 JO 1NIOd Si 01 83M3S AdViINVS 31VAIdd 3Hi 30 NOI1V83dO ONV 30NVN3iNIVW 'L6 ' (3) Sb0 ' OZ ' E 6 3003 A1NnOD VW I d N I ( 6 ) ( 3) 9V0 ' DZ ' E 6 319V1 83d ' S1N31VA I nO3 1INn 38niXI3 831VM31SVM 9NI1SIX3 0 ONV 03SOdOdd 006 SVH 103f08d SIHi '96 ' Z 6 ndHl S SiOI 803 1V I D I 330 Maim HO/ DNV 833NI9N3 NMOl 3Hi WOHJ 1IW83d ANV JO 30NvnssI 3Hi 01 HOIdd SNVld 03AOdddV 01 9NIO8000V 03iDndiSNOD 38 11IM SAVM39VNIVdO '96 iSVDWOD NO I S I A3131 318VO (9 ) 1N3W18Vd30 38I3 HONVH 830100 NOI10310dd 38I3 (3) SNOIlVOINnWWOD iS3n0 3NOHd3l31 (3) 831VM3iSVM A1NnOD VWId 83M3S (0) ANV'dINOD Ali 1I In 831VM A31lVA 080 831V'M (0 ) ANVdWOD SV9 1S3MH1nOS SV9 (B) ANV'dWOD 83MOd DI810313 NOSDnl 0I81D313 (V) :iN3WdOl3A30 SIHi 01 3DIA83S 30IA08d 11IM S3Iiliiin 9NIM01103 3Hi 'bL ' D I lend 3Hi 01 3SN3dX3 ON iV 38 11IM iN3WdOl3A30 03SOdOdd 3Hi A9 031V'iISS303N S1N3W3AO8dWI 5I19nd 80/0NV S3I1IiIln ONIISIX3 3D '313 'NOIlV0I3IOOW 'NOI1V00138 ANV '26 '0`=-ns SI 310IHR NOIS30 ''H'd'W SZ SI 033dS NOIS30 'Z6 '„SV3dV NOW0400 ONV S1N3W3SV3 39V'N I Vd0 ' SAVM 39VN I V80 31VAIdd 30 Ai I l I SV I 1 0NV A133VS ' 1081N00 '33NVN3INIVW 80.E AiI1I9ISNOdS38 1d300V 01 031NH03 39 11IM NOIIVIDOSSV S, A1d3dOdd„ : NO I S I A I 09ns 1V I D83 0400 V N I H1 I M O IOS 38 01 38V S101 3 I 'NVId 1N3WdOl3A30 3Hi NO 3NIlinO A8 80 31ON NI 839WnN A9 83H1I3 03I3I1N30I 39 11IM 133HVd SIH1 '03i3333V S1308Vd HOA lVIDI330 ONIOlin9 80/ONV 833NION3 NMOi 3Hi W083 S1IW83d ANV 30 30NVnSSI 3Hi 01 80I8d SNVId 03AOHddV 01 ONIO8000V 031ondiSNOO 39 11IM SAVM39VNIVHO '06 ' 103 f'08d S I Hl NO NHOM ANV ONINNI939 380339 iN3W18Vd30 1N3W39VNV'W 831VM3iSVM A1Nn00 VWId W08A 038603S 39 isnW 1IW83d NOI10nd1SNOO 103('08d V '6 * (030N31NV SV ' 001- L 661 'ON 30NVN I O80 A1Nn00 VWId) 30NV'NIOHO 31SV'M lvidlsnONI 3Hi AD S1N31N38In038 3Hi 133W llVHS W31SAS 39V83M3S ABVlINVS 0I19nd 3Hi OiNI 0398V'HOSIC 831VM3iSVM ANV '8 '30V38nS AVMCV08 3Hi 30 30V'89 03HSINIJ 3AO9V S3HONI ZL ONV S3HONI 02 031V001 S3NIl lViNOZI80H OMl A9 639I80S30 3NVld AlIIIBISIA V H1IM 3833831NI 01 lON SV OS 030V'ld 39 11VHS S319NV I Hl Al I l I S I S I A i HO I S N I Hi I M S IVI 831VW 'L ' SNVId ON I01 I n9 80 9N I SWnld 30 1V11 IWSns 30 3W I i 3Hi iV 1N3W18Vd30 iN3W39VNVW 831V'M31SV'M A1NnOD VWId 3Hi AB lVAOdddV DNV M3IA38 01 103('ens sI 83M3S AdViINVS DIlend ONIISIX3 NV 01 NOI103NN00 30 0OH13W ONV NO I iV'DO1 3Hi ' S I Sd9 31VA I 8d V NO 03N I V1N I VW 0NV' a31V'd3dO '031ondiSNOO 38 11IM ONV 31VAIdd 38 11IM S83M3S A8VIINVS 31IS-NO 19 -31IS-NO NIVW „8 1SIX3 NV A9 03A83S 39 11IM 103rOdd 3Hi 'S3O8nm d 831VM 30 d01038IO 3Hi A9 AlddnS 831VM 8V3A M 038nSSV NV 9N!AVH sV 031VNOIS3U N339 SVH HDIHM 'ANVdWOD Aiiliin 831VM A311VA 080 3Hi SI iN3Wd013A30 SIHi H03 10IdiSIO 831VM 3Hi 'S 'S1IW83d 9NIOV89 30 30Nvnssi 01 80I8d 038InO38 39 11IM S30Nddnssv 03AOdddV 0NV SNVld 1N3W3AO8dWI 03AOdddV 'b '83dO13A30 3Hi 30 AlIlI9ISNOdS38 3Hi 38 ]]VHS 0NV 833NION3 NMOl 3Hi A9 03AOHddV 39 11 I M S31 I S 9N I Ol I n9 Ol SV'38V 3NOdd 0001.E SSO83V SS330V '2 ' 1I ONnOD NMO1 A311VA 080 3Hi 30 1V'AOdddV 3Hi inOHlIM 0310nd1Se0 80 0398n1SI0 '038311V 39 lON 11IM 39VNIV80 'Z 'ONI00013 30 iN3A3 3Hi NI SS3lW8VH 'SNOISSV ONV SdOSS300nS Si I 'A311VA 080 30 NMO1 OIOH 01 1NVN3A00 1l IM 83dO13A30 ' 6 S31ON IYU3N30 c a NI: Z �Owm W N Qoc�CD o J � N a- W - / / Q� W> � O a- / / �) t- / WLn > / / o , O _o � N o0 O X / PRIVATE INGRESS, EGRESS, / ACCESS, SEWER;, DRAINAGE / AND UTI�ITY EASEMENT, / PER BK 9, PG 28 60' EXIST CURE & SIDEWALK EXISir 40' DRI EWAY 1745 EAST RIVER ROAD - SURE 101 TUCSON, AZ 85718 520.795.1000 (FAX) 520.322.6956 �Y\I�iIYJEERING COMPANY rickengineering.com Tucson Phoenix San Diego Riverside Orange Sacramento �15511� Njl E 1/4, S1211 co FND BCSM r- N O � o 1 174.63o 541�5 55 E N90° 00' 00"j!rw N O) W o o ,n o° 0 to SE COR, S12 FND BCSM KEYNOTES O MATCH EXIST TOP OF CURB PER SD 211 O SAWCUT AT 2' MINIMUM, REMOVE EXIST CURB AND PAVEMENT AS NECESSARY. TACK AND JOIN NEW PAVEMENT TO EXISTING PAVEMENT 3O HANDICAP AND STANDARD PARKING SPACE, TYP PER A 40 12'x 35' LOADING ZONE 5' COLORED CONCRETE PEDESTRIAN CROSS WALK © 5' WIDE MINIMUM CONCRETE SIDEWALK PER SD 200 (TYP) 0 3 CLASS II BICYCLE PARKING SPACES ® EXIST FIRE HYDRANT TO REMAIN 0 CURB ACCESS RAMP (TYP) 10 TYPE 4 DOUBLE CATCH BASIN W/2 EF1 GRATES PER SD 309 INCORPORATE FIRST FLUSH SYSTEM PER DETAIL 3 11 PROPOSED 18" SRP STORM DRAIN 12 EXIST VERTICAL CURB AND CONCRETE HEADER TO BE REMOVED 13 NEW 6" CONCRETE VERTICAL CURB PER SD 209 I 9 I i � ; 1 ; 14 PROVIDE 3-8"x 32" WALL OPENING 0 48" O.C. 9 5 — C1P OFF 4, 1 rnT PROPOSED 1 i1` BACKFLOW PREVENTER 1 '/" DOMESTICi , --- �R WATER LINE 1 9 _ 1 I _ r^ _ 16 NEW STORM DRAIN TO BE CONNECTED TO EXIST STORM DRAIN r U rURr 11�J FRO Vrl\JJ r j1 r ( J r 17 TRASH ENCLOSURE GATE" SCREEN WALL AND SELF -CLOSING ! ?►�'- PG 29 ; 18 6" MINIMUM DEPRESSED LANDSCAPE AREA. I 4 CHOPS 24' I ( RESTAURANT d PAA1w (E ; ®� 19 PROPOSED 8"x 6" REDUCER AND BACKFLOW PREVENTER TO BE 2 STORY ( I I PROVIDED ON A EXISTING 8" F'_RE SERVICE GFA 5,844 SF I' = 26' MAX P�TIO 1 ------------------------------------------- HEIGHT,� I I FFE 42.00 6?� SF 10' x 15' ELECTRIC PROPOSED 6 FIRE SERVICE PAD 41.3 I I R PAS4M7gT DKT 125909 14' CURB OPENING W/2 TYPE "B" POST BARRICADES 24' 17' -------------------------------------------; 1 1 �3' , , ; 'AALOF 1 CD o L T ° i1 /`� O 1 1 L_� • 1 L_ L� 1 I I \. 1 , 1 '• ' , 1 1 r r I- -1 l l 1 , 1 , 1 I / �. I_.I � I • _ t i I\ JI 1 I , 0 rrei C � ao CAN CHA Dr l GOLF m ■ F.I. DEPRESSED VERT CURB- �r 4� 4' OPENING UNLESS OTHERWISE NOTED SIDEWALK HANDICAP �o y= SIGN . ( TYP ) 6' 6 6" VERT CURB WHEEL. STOP (TYP) o N 81 ( 8' J 8' 9' �{ 9, �I 'E ATE ( VAN STANDARD ACCESSIBLE) (TYP) 2% MAX. SLOPE IN ANY DIRECTION TYPICAL HANDICAP AND rA"*STANDARD PARKING SPACES SIDEWALK WHERE SHOWN 4 0 w SD 209 NO SCALE H VARIES 0"-6" DEPRESSED VERTICAL CURB NO SCALE COMPACTED SUBGRADE.SCARIF MOISTEN (AS REQUIRED) AND RECOMPACT TOP 12" TO 95% NOTE: FINAL PAVING SECTION MAY VARY DEPENDING ON FIELD ANALYSIS OF ESTABLISHED SUBGRADE. "AC" PAVING SECTION NO SCALE DEVELOPMENT PLAN FOR \Jt V_ I UL I \r I UI\J I UI IUUf UJ \ I P I U I V I U Uo pef 1 Gg \3243\3540\3540c >02. dgn 25-JUL-2006 14� - _-- _ SCALE: CONTOUR INTERVAL= 1' 1rn Lt� (N- 96, 1 - FS 43.00 l—jiON LV ------------------------------------------- L� - I I 18 S "•� ati' AZ-15 I tr I e CC I 10 a L>, EXIST MH I W 1 (T 411.113) �`C-3 RIM 4/3 (FS 40 31 E IE 3227 I I tom' r I I r I r -r i\ • %D t \ ° L f I 1 1 I i 1 I I1 1 SW IE 31.90 EXISF 50 F S9 PVC W N 2 � (� e � 09 I 9' I o J i i � ♦ i v`i ` , • - - - - - 9 8 PUMP STATION 1 0% P �,� ,� I �' I I I I cy' -� -- "� c`' 1 S 2.0 FS 4 6p �. 9) . g2 7 A� w v {� �h S 1.30 I 0 V 41 � m 1 1F 5 I o ` \ g 5 ,c0 FS Q 40 rJr� �J\l1�r Jf�11��rrJ1sLOT 2 ; j O T, g — 1 W 0 1 F 4p. 17 FS 41 .98 7 FS 41 .82 I F S I 7 14 S CHOPS ' e I' �°� ,�50 cp R/M 4�• Op S FS 41 .92 RESTAURANT d \ co Ln 0 i m EXIST MH RIM 535 W IE 44.83 S 1E 445 N 1E 445 KEYNOTES O MATCH EXIST TOP OF CURB PER SD 211 OW -- —� O SAWCUT AT 2' MINIMUM, REMOVE EXIST CURS AND PAVEMENT _ AS NECESSARY. TACK AND JOIN NEW PAVEMENT TO EXISTING NOTES: PAVEMENT 1) INSTALL A TWO-WAY CLEANOUT 5 FEET FROM BUILDING. 2) FOR CONTINUATION OF SEWER LINE INTO BUILDING, SEE 0) HANDICAP AND STANDARD PARKING SPACE, TYP PER 2 ARCHITECT'S DRAWINGS. IL 0 12'x 35' LOADING ZONE n TWO WAY CLEANOUT 0 5' COLORED CONCRETE PEDESTRIAN CROSS WALK U NO SCALE 0 5' WIDE MINIMUM CONCRETE SIDEWALK PER SD 200 (TYP) 12" CAST IRON VALVE BOX FRAME AND COVER. 03 CLASS II BICYCLE PARKING SPACES RIM ELEVATION PER PLAN. ® EXIST FIRE HYDRANT TO REMAIN SECTION OF 12" METALLIC FINISHED GRADE OR SURFACE OR PLASTIC PIPE 9O CURB ACCESS RAMP (TYP) „10".. 18" 15 F •oP a �/ 10 TYPE 4 DOUBLE CATCH BASIN W/2 EF1 GRATES PER SD 309 INCORPORATE FIRST FLUSH SYSTEM ?ER DETAIL 3 24' CONCRETE 11 PROPOSED 18" SRP STORM DRAIN RISER TO BE SAME S UA E DIAMETER AS SEWER 12 EXIST VERTICAL CURB AND CONCRETE HEADER TO BE REMOVED LINE BACK FILL TO TOP OF /8 BEND WITH 13 NEW 6" CONCRETE VERTICAL CURB PER SD 209 // \ 1" MAXIMUM AGGREGATE 14 PROVIDE 3-8"x 32" WALL OPENING ® 48" O.C. EXIST TSTUB OUT HCS 15 PROPOSED 1 1/2' BACKFLOW PREVENTER 1 112' DOMESTIC \ STD. BEND WATER LINE � FLOW 16 NEW STORM DRAIN TO BE CONNECTED TO EXIST STORM DRAIN 17 TRASH ENCLOSURE W/72" SCREEN WALL AND SELF -CLOSING STANDARD ire WYE BRANCH $ SELF -LATCHING GATE v IE ELEVATION PER PLAN 18 6" MINIMUM DEPRESSED LANDSCAPE AREA. NOTE: IN PAVED AREAS, USE TRAFFIC RATED BOX AND INTERLOCKING 19 PROPOSED 8"x 6" REDUCER AND BACKFLOW P'REVENTER TO BE RING AND COVER PER DEFTER FOUNDARY INC #1810 OR EQUIVALENT. PROVIDED ON A EXISTING 8" FIRE SERVICE C L E A N 0 U T QO PROPOSED 6" FIRE SERVICE E NO SCALE 01 14' CURB OPENING W/2 TYPE "Bo POST BARRICADES 3-8"x32" WALL L= 9' (MIN) OPENINGS ®48" O.C. ......---- 2/EF1 GRATES -------- ---... HAND PLACE RI' -RAP, Drn= 6" MIN EMBED ROCK TO A DEPTH OF 1/2 D50 x 3t X--.x 6" CLASS B CONCRETE 2500 PSI W/6X6 WWF - W.2.1 X W-2.1 - - ....10 ift .+-mil THE CONTRACTOR SHALL EXCAVATE AND REMOlE THE SOIL i��'�� I _ r mom 1 ___......._ .............. ..... . ............ ...i.....:. ......:... ,.:.....:.....,A.. .. .. ... SEWER KEYNOTES 0 244.07 LF 4" PVC PRESSURE LINE 0 848.78 LF 4" PVC PRESSURE LINE 0 77.41 LF 4" PVC PRESSURE LINE ® 90.61 LF 4" PVC PRESSURE LINE O 109.37 LF 4" PVC PRESSURE LINE © 23.90 LF 4" PVC PRESSURE LINE , 1745 EAST RIVER ROAD - SUITE 101 O 95.35 LF 8" PVC ® 1.28% c TUCSON, AZ 85718 520.795.1000 ® 115.00 LF 8" PVC @ 1.00% t (FA3() 520.322.6956 oc ENGINEERING COMPANY rickengineering.com Sacramento 9Q 26.84 LF 8" PVC ® 0.50% N Tucson Phoen®c San Diego Riverside Orange O LOTS J 5 71K 'flay PG 39 . . ........... r i f N m U_ 1 Ofi DRIVE 0100 =4 cfs E> 18" SRP 3" (MIN) N FIRST FLUSH Q = CLH 1.3 - INSERT 8 = 2.6 L (0.5)'S ---� L = 9 CHANNEL USE FLOWGUARD + PLUS OR APPROVED EQUIVALENT 18" OUTFLOW PIPE MODEL: FGP-1836F CATCH BASIN SIZE: 18"x36" (ID) GRATE DIMENSION: 18"x40" (OD) CLEAN FLOW RATE = 1.6cfs FIRST FLUSH SYSTEM DETAIN NO SCALE ��/l\X/ANl////�� HAND PLACED ANGULAR DEVELOPMENT PLAN FOR RIP RAP D50=4" MIN, T=8��MIN OVER ONE Q�o�essl�`'' LAYER 140 MIRAFI FILTER FABRIC OR EQUIVALENT (TYP) �� � NOTE: 28674 CHOP HO'LIS THE CONTRACTOR SHALL EXCAVATE AND REMOVE THE SOIL BRUCE Or UNDER THE RIP RAP PAD SO THAT THE TOP OF THE RIP RAP PADtPjAZN WILL MATCH THE FINISHED ELEVATION CALLED OUT ON THE PLAN. [>• �H� TYPICAL DRAINAGE CHANNEL SECTION co co NO SCALs H LOT 3 - MERCADO DEL RIO BK 59, PO 28 LOCATED IN A PORTION OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 12 SOUTH, — _ — — — OV1 2-06-09 RANGE 13 EAST, GILA & SALT RIVER MERIDIAN, TOWN OF ORO VALLEY, DATE: 06-22-2006 OV12-03-22 ( PREVIOUS) PIMA COUNTY, ARIZONA. SHEET 3 OF 3 SCALE. 1 = 20 CONTOUR INTERVAL = 1 \\srv_tuc I \K i cKStandards\ I p i otV 1 0\en\5 1 0. pen G.\3243\3540\3540dpO3.dgn