HomeMy WebLinkAboutOV110405E
JUL — 7 2004
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TOWN OF ORO VALLEY
COMMUNITY DEVELOPMENT DEPARTMENT
Planning and Zoning • Building Safety
11000 N. La Canada Drive, Oro Valley, AZ 85737 • (520) 229-4800 • Fax (520) 742-1022
Oro Valley Public Library
1305 W. Naranja Drive, Oro Valley, AZ 85737 • (520) 229-5300 • Fax (520) 229-5319
Parks and Recreation
680 W. Calle Concordia, Oro Valley, AZ 85737 • (520) 229-5050 • Fax (520) 797-2202
June 25, 2004
Mr. Dick Maes
Vistoso Partners
945 W. Vistoso Highlands Drive
Oro Valley, AZ 95737
Fax: (520) 219-8000
RE: OVII-04-05, General Plan Amendment for Rancho Vistoso Neighborhood 10, Parcel T,
Parcel No. 219-22-4220; OV11-04-06, General Plan Amendment for Rancho Vistoso Neighborhood
3, Parcel C, a portion of 219-20-052K; and OV11-04-07, General Plan Amendment for Rancho
Vistoso Neighborhood 7, Parcel I, 219-54-002E.
Dear Mr. Maes:
The Oro Valley Town Council considered the above -referenced request for General Plan land use
designation amendments at their June 16, 2004 hearing. The Council voted to deny the Neighborhood 7,
Parcel I request (OV11-04-07) and voted to continue to their July 7, 2004 hearing the Neighborhood 10,
Parcel I request (OV11-04-05). The Council continued the N10, PI request in order to give you time to
prepare and submit for their consideration a market study regarding the viability, or non -viability, of
commercial development in the vicinity of N 10, Pl. Mr. Bryant Nodine will need this market study by
Monday, June 28, 2004 in order to prepare an analysis and recommendation from staff to the Council for
their July 7, 2004 packets. Please submit this report, and a cover letter for Council consideration, to our
Development Coordinatior, Ms. Shirley Gay.
Please also note that the Planning Commission continued their consideration of the Neighborhood 3,
Parcel C General Plan amendment (OV 11-04-06) to their July 7, 2004 hearing. We believe that you have
withdrawn this application and we will convey this to the Commission at their July hearing. If you have
not withdrawn this application, please advise Mr. Bryant Nodine immediately so that we can prepare a
staff report on this case for the July 7"' Commission hearing. Mr. Nodine can be reached at (520) 229-
4807.
If you have any questions about these applications before July 7th, please feel free to call Mr. Nodine or,
after that date, please call me at 229-4814 or email me at smontana(dl.orovalley.net. I look forward to
working with you to process this request in a timely fashion.
Sincerely,
Susana Montana, Planner II
C: Shirley Gay, Bryant Nodine, Bayer Vella, TOV; Charles Hulsey, Linda Thompson, WLB, Fax: 318-6170
www.townoforovalley.com
04/19/2004 10:08 FAX 520 881 74q? WLB GROUP
20O2/002
99 Findings of Fact ,
Parcel 3C 6 '
1. Changing Parcel 3C to residential is a reflection of the change in Land Use on Parcel
N-38 from commercial to residential.
2. Changing NX from CPI to MDR meets 2 of the 3 policies in goal 4.1 and with goal
4.2.
3. We do not meet the third finding of fact.
4. Revising Parcel 3C to residential has no impact on the Town as a whole.
Parcel 71 & V) ) -67LJ- — 61
1. Change the area west of the wash to residential is more in keeping with the existing
residential development in the area.
2. Changing the western portion of the parcel meets 2 of the 3 policies in goal 4.1 and
with goal 4.2.
3. We do not meet the third finding of fact.
4. Revising the western portion of Parcel 71 has not impact on the community as a
whole.
Parcel 10T vv l) -
1 _ Changing this parcel from commercial to residential is more in keeping with the
residential development in the area.
2. Revising Parcel T to a residential use meets 2 of the 3 policies for Goal 4.1 and Goal
4.2.
3_ We do not meet the criteria set forth in the third finding of fact.
4. Revising Parcel T to residential has no impact on the community as a whole.
Page 1 of 1
Montana, Susana
From:
Montana, Susana
Sent:
Thursday, April 15, 2004 3:47 PM
To:
'Ithompson@wlbgroup.com'
Cc:
Vella, Bayer; Gay, Shirley
Subject: General Plan amendments, OV11-04-05, 06 and 07 (Rancho Vistoso)
Linda, I am preparing the staff reports for the three Rancho Vistoso General Plan amendments your firm
submitted and I do not have any Findings of Fact rationale from the Applicant. In my March 17, 2004 certification
letter to you I recommended that you submit these for each application so I can present the Applicant's view to
the Commission. The staff report is formatted in such a way that staff presents the Applicant's version of how the
applicant responds to each finding of fact, then we present our analysis. Without the Applicant's version, all I can
present is my analysis. If that is OK with you, I will proceed. However, if you wish to submit your Findings of Fact
for each application, I will need them faxed to me by Monday, April 19, 2004 at 9 AM. Thank you. Attached is the
March 17, 2004 certification letter.
4/16/2004
TOWN OF ORO VALLEY
COMMUNITY DEVELOPMENT DEPARTMENT
Planning and Zoning • Building Safety
11000 N. La Canada Drive, Oro Valley, AZ 85737 • (520) 229-4800 • Fax (520) 742-1022
Oro Valley Public Library
1305 W. Naranja Drive, Oro Valley, AZ 85737 • (520) 229-5300 • Fax (520) 229-5319
Parks and Recreation
680 W. Calle Concordia, Oro Valley, AZ 85737 • (520) 229-5050 • Fax (520) 797-2202
March 17, 2004
Linda Thompson and Charles Hulsey
WLB Group
4444 East Broadway
Tucson, AZ 85711
Fax: (520) 881-7492 (CH) & 318-6170 (LT)
RE: OV11-04-05, General Plan Amendment for Rancho Vistoso Neighborhood 10, Parcel T,
Parcel No. 219-22-4220; OVII-04-06, General Plan Amendment for Rancho Vistoso Neighborhood
3, Parcel C, a portion of 219-20-052K; and OVII-04-07, General Plan Amendment for Rancho
Vistoso Neighborhood 7, Parcel I, 219-54-002E.
Dear Ms. Thompson and Mr. Hulsey:
We have received a facsimile transmittal from Mr. Brandon Wolfswinkel of Vistoso Partners verifying
that the WLB Group is authorized to represent the property owners in the above -referenced General Plan
amendment requests. I expect that the letter, with original signature, will arrive soon by U.S. Mail;
therefore, I deem the applications complete.
We will schedule the requests for initiation by the Planning and Zoning Commission at their April 6,
2004 hearing. Should they approve the initiation, staff will prepare the case reports for a May 5, 2004
Commission hearing on the amendments. As mentioned previously, the Applicant is encouraged to
submit a letter that addresses the four "findings of fact" required to be made by the Commission and
Town Council for a General Plan amendment. The four findings of fact are found on page 1-3 of the July
1996 "Focus 2020 Town of Oro Valle General Plan". Although not required by Section 3-005.A, it
would be appropriate because the Applicant's analysis may differ from that of Town staff and the findings
of fact analysis is a central component of the review.
If you have any questions about these applications, please feel free to call me at 229-4814 or email me at
smontana2orovalley.net. I look forward to working with you to process this request in a timely fashion.
Sincerely,
Susana Montana, Planner H
C: Shirley Gay, Bryant Nodine, Bayer Vella
www.townoforovalley.com
ot�
7iistoso Tartners
March 19, 2004
Town of Oro Valley
Planning Department
11000 N. La Canada Drive
Oro Valley, AZ 85737
To Whom It May Concern:
WeZzUnw
Sent Via Fax to 520-297-0428
This letter is written as verification that the WLB Group is authorized to represent
Vistoso Partners in the P.A.D. amendment and platting of Parcels 10-T, 7-I, and
3-C.
Sincerely,
Brandon Wolfswinkel
Member/Manager
State of Arizona )
) ss.
County of Maricopa )
Certified, sworn to, and subscribed before me this �A4 day of Pla*,dL , 2004.
44'e4 IV4,
l 7—
Notary Public NOTARY PUBUC
STATE OF ARIZONA
M Commission Expires: MARICOPACOUNTY
0Y p KARLA WILSON
My commisslon Expires Nov. 28, 2005
1121 West `Waraer -Road, Suite 109
Tempe, Arizoaa 85284
480-831-2000 e jax 480-893-1604
03/17/04 ,14:50 FAX 480 893 1604
VISTOSO PARTNERS _ _ 0 002
March 17, 2004
41 �
vistoso partners
Town of Oro Valley
Planning Department
110o0 N. La Canada Drive
Oro Valley, AZ 85737
Sent Via Fax to 520-297-0428
To Whom It May Concern: ,
This letter is written as verification that the WLB Group is authorized to represent
Vistoso Partners in the General Plan amendment of Parcels 10-T, 7-1, and 3-C.
Sincerely,
I44..' lea sor6n V--�
Brandqn Wolfswinkel
Memb?r/Manager
State f Arizona
) ss.
Count of Maricopa )
I
i
Certifi d, sworn to, and subscribed before me this 17fhL day of , 2004.
. I lit�lL�
I4ota*rvPuAIC
WTARY PUBuc
My Commission Expires: 0M STATE OF O�
MARICOPA COUNTY
p KAALA WILSON
Mycocmnmlon Eq*m Nov. 29, 2M5
11z i `West `Warner gload, Suite 109
Nampa. , Ad=na 85294
TOWN OF ORO VALLEY
COMMUNITY DEVELOPMENT DEPARTMENT
Planning and Zoning • Building Safety
11000 N. La Canada Drive, Oro Valley, AZ 85737 • (520) 229-4800 • Fax (520) 742-1022
Oro Valley Public Library
1305 W. Naranja Drive, Oro Valley, AZ 85737 • (520) 229-5300 • Fax (520) 229-5319
Parks and Recreation
680 W. Calle Concordia, Oro Valley, AZ 85737 • (520) 229-5050 - Fax (520) 797-2202
March 16, 2004
Linda Thompson and Charles Hulsey
WLB Group
4444 East Broadway
Tucson, AZ 85711
Fax: (520) 881-7492
RE: OV11-04-05, General Plan Amendment for Rancho Vistoso Neighborhood 10, Parcel T,
Parcel No. 219-22-4220; OV11-04-06, General Plan Amendment for Rancho Vistoso Neighborhood
3, Parcel C, a portion of 219-20-052K; and OVII-04-07, General Plan Amendment for Rancho
Vistoso Neighborhood 7, Parcel I, 219-54-002E.
Dear Ms. Thompson and Mr. Hulsey:
The Town of Oro Valley staff has reviewed the March 9, 2004 General Plan Amendment applications for
the above -referenced properties. The applications are deemed incomplete because they do not meet the
owner signature requirements of Section 3-005 of the Oro Valley Zoning Code Revised (OVZCR),
specifically the requirement that the application be signed by the property owner(s). The property owner,
Vistoso Partners, LLC, is a corporation and, therefore, the application must include a list of the corporate
owners and the names of the corporate officers. The corporate officers must sign an affidavit that
designates your firm as the authorized agent for the application.
In addition, Section 3-005 requires that the application include "substantiation" for the amendment. The
case report to the Planning and Zoning Commission and the Town Council must address the four
"findings of fact" for a General Plan amendment. The second paragraph of your application letters do not
present "substantiation" with regard to the four findings of fact found on page 1-3 of the July 1996 "Focus
2020 Town of Oro Valle General Plan". Although not required by Section 3-005.A, it would serve your
client well if you would include in your application a letter or attachment that addresses the four findings
of fact, which are as follows:
• "That the amendment constitutes an overall improvement to the general plan and is not solely for
the benefit of a particular land owner or owners at a particular point in time."
• "That the amendment is consistent with the vision, goals, and policies of the general plan."
• "That the general plan land use map does not provide appropriate optional sites for the use
proposed in the amendment."
• "That the amendment will not adversely impact the community as a whole, or a portion of the
community without an acceptable means of mitigating these impacts through the subsequent
zoning and development processes."
www.townoforovalley.com
March 16, 2004
Ms. Thompson and Mr. Hulsey
OV 11-04-05, 06 and 07
Page 2 of 2
Your discussion on how the proposed amendment would address these findings of fact would be included
as an attachment to the staff case report to the Planning and Zoning Commission and Town Council.
If you have any questions about these applications, please feel free to call me at 229-4814 or email me at
smontana(a)orovalley.net. I look forward to working with you to process this request in a timely fashion.
Sincerely,
Susana Montana, Planner II
C: Shirley Gay, Bryant Nodine, Bayer Vella
I am
BOUNDARY
EXISTING LAND USE DESIGNATION: NEIGHBORHOOD COMMERCIAL (C)
NOTE:
THE PARCEL BOUNDARY SHOWN IS APPROXIMATE ONLY.
1'.3000,
The
WLB
Group
MARCH 4, zoos
WLB JOB NO. 185050-A-071
!go
ME=
BOUNDARY
PROPOSED LAND USE DESIGNATION: MEDIUM HIGH DENSITY RESIDENTIAL (MHDR)
RANCHO VISTOSO PLANNED AREA DEVELOPMENT (PAD)
NEIGHBORHOOD 10 PARCEL T
APPROXIMATELY 5 ACRES
REQUEST TO AMEND FOCUS 2020: TOWN OF ORO VALLEY GENERAL PLAN
MINUTES
Page 6 of 15
i"
understood the applicant wanting to get on track as soon as possible. She explained that as long as the
Council has all of the reason why the Planning and Zoning Commission denied the design and as long as
all of those issues have been addressed and corrected the Council can feel comfortable getting it straight.
Council Member Gillaspie commented that Council had not heard any testimony that the delay of an
extra month would jeopardize the potential negotiation with Pima County. He added that the Council
hadn't heard any specific information from the applicant that it would set him back if it was resubmitted
to the Planning Commission and there were no additional fees. He stated that it would be important to
the Planning Commission to have the opportunity as the Town's reviewing body to make a
recommendation on it.
MOTION: Council Member Parish MOVED to CONTINUE Ordinance No. (0)04-14 to the January
A 2005 regular Town Council Meeting. Vice Mayor Abbott SECONDED the motion. Motion carried,
�q-0.
0 5. PUBLIC HEARING — ORDINANCE NO. (0)04-25 AMENDING THE ZONING FROM C-2
(COMMERCIAL) DISTRICT WITH CONDITIONS THAT RESTRICT RETAIL USES TO
C-2 WITHOUT USE RESTRICTIONS, AFFECTING AN APPROXIMATELY 9 ACRE
U PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ORACLE AND MAGEE
ROADS, PARCEL NUMBERS 225-51-3880, 225-51-3890, 225-51-3900, 225-51-3910 AND
225-51-3940 (CONTINUED FROM 9-15-04).
Brent Sinclair, Community Development Director reviewed the report. He explained that the applicant
requests that the Town amend the current C-2 Commercial District zoning conditions to remove
Condition Number 1 to allow retail uses on the five subject parcels. He added that an analysis study had
been done to show how convenience uses would be treated on the subject parcels if Condition Number 5
were to remain as a condition of the rezoning.
Maly Beth Savel, from Lewis and Roca, representing the applicant reported that an acoustic study had
been done and has had follow-up neighborhood meetings. She further explained that she would
recommend against the removal of Condition #5 because this portion of the project would be subject to
different types of conditions than the other portion of the project However, she stated if it was the
Council's pleasure to remove a portion of Condition #5, the applicant would request that the final clause
of Condition #5 remain in place. In answer to a question from Council Member Gillaspie, Ms. Savel
stated the she would be opposed to restricting any of the uses on the southern portion of the property to
hotels or motels.
Mayor Loomis opened the public hearing.
Steve Plevel, 7761 North Northern Avenue stated that the applicant has addressed most of the
community's concerns and if the developer does commit to what they have agreed to do, the
neighborhood will go along with the development.
Marty Plevel, 7761 North Northern Avenue asked if the Town would continue to have a presence in the
Oracle Crossing development such as the Police Department, and if so, would it be on the 9 acres.
Mayor Loomis closed the public hearing.
Chuck Sweet, Town Manager explained that the Oracle/Magee Road Service Center was being assessed
littp://www.townoforovalley.com/TownHall/Meetings/Council/Minutes/100604 council ... 12/03/2004
MINUTES Page 7 of 15
at this time.
At the request of Vice Mayor Abbott, Mayor Loomis called for a 5 minutes recess to allow the residents
to review Exhibit A.
The Meeting was recess at 8:15 p.m. The meeting resumed at 8:20 p.m.
MOTION: Council Member Parish MOVED to APPROVE Ordinance No. (0)04-25, OV9-04-05,
rezoning to C-1 District for Parcel Number 225-51-3880-3890-3900, 3910 and 3940, subject to the
conditions in Exhibit A. Motion SECONDED by Council Member Dankwerth.
Vice Mayor Abbott thanked Mary Beth Savel for meeting with the residents because the residents seem
to be pleased with the applicant's efforts. She added that hopefully as the Town moves forward with the
project, she would hope the dialog would continue. Council Member Gillaspie agreed.
MOTION carried, 7-0.
EXHIBIT A
OV9-04-05 Oracle Crossings Rezoning
Conditions of Approval
1. The development of the following parcels shall be in accordance with the terns of the Pre -
Annexation Development Agreement ("PADA") between B.P. Magee, L.L.C. and the Town
of Oro Valley as adopted by Town Council on March 31, 2003 by Resolution No. (R)03-28:
Parcel Numbers 225-50-0020, 225-50-0030, 225-50-0050, 225-50-0060, 225-51-3830, 225-
51-3840, 225-51-3850, 225-51-3860, 225-51-3870, 225-51-3920, 225-51-3930, 225-51-
3880, 225-51-3890, 225-51-3900, 225-51-3940 and 225-51-3910.
2. The development of these parcels shall be in accordance with the Concept Plan attached to the
PADA as "Exhibit B" and as may be approved by the Town's Development Review Board
and Town Council.
3. The development of these parcels shall be in accordance with the applicable development
standards of the Pima County Zoning Code ("PCZC") for a CB-1 zone as of October 2002,
with the exception of Sections 18.77.030.C, Table 18.77.030 and 18.77.040 which shall not
be applied to the development. Where the PCZC is silent, the standards of the Town of Oro
Valley, as may be applicable and consistent with the Concept Plan attached to the PADA,
apply.
4. Building heights shall not exceed thirty (30) feet per the Town of Oro Valley Zoning Code
Revised ("OVZCR"), C-2 Commercial District Regulations, unless specifically stated by
building and graphics in the PADA and the Concept Plan.
The Town shall permit development of convenience uses on the property consistent with the
requirements imposed on such uses under the PCZC in effect as of October 2002. If certain
convenience uses are not permitted under the PCZC in effect as of October 2002, but are
permitted under the OVZCR, the OVZCR shall govern the development of such convenience
uses, with the exception that the provisions of Article 10-4, Oracle Road Scenic Corridor
http://www.townoforovalley.com/TownHall/Meetings/Council/Minutes/100604 council ... 12/03/2004
MINUTES
Page 8 of 15
Overlay District (ORSCOD), shall not apply.
6. PUBLIC HEARING — ORDINANCE NO. (0)04-27 AMENDING THE TOWN OF ORO
VALLEY ZONING CODE BY REZONING THAT PROPERTY KNOWN AS THE KEENGAN-
WOLFLEY TR, LOCATED ON THE NORTHWEST CORNER OF EL CONQUISTADOR
WAY AND ORACLE ROAD WHICH WAS PREVIOUSLY ZONED R-6 (MULTI -FAMILY
RESIDENTIAL) TO ORO VALLEY C-1 (COMMERCIAL DISTRICT), AND REPEALING
ALL ORDINANCES IN CONFLICT THEREWITH, PARCEL #224-33-131B
David Williams, Planning Consultant and Carl Kilgore, Architect, representing the applicant, reviewed
the site plan using the overhead project. The following key issues were highlighted and discussed for
the proposed site:
• Positioning of the structure on the site.
• Current zoning and the condition that relates to each of the R-1 Zoning and the C-1 Zoning.
• Proposed land uses.
• Underground Parking and parking requirements.
• Professional use permits.
• Multi -family residential homes.
0 Noises relating to traffic and entertainment.
• Lighting intrusion into the surrounding community.
• Alcohol and beverage sales on the site.
• Odors and trash build up on the site.
• Sidewalk improvements and the creation of an additional road.
• The development of a walking trail.
• The proposed 8 foot retaining wall and berm.
• Landscaping surrounding the site.
• Grading exceptions.
In answer to a question from Council Member Dankwerth, Mr. Kilgore stated that he would consider
having a cafe or delicatessen that would not serve alcohol.
Mayor Loomis reiterated that this item was brought before Council to specifically address the rezoning
rather than the restrictions. He explained that he would like to evaluate the rezoning with respect to the
htti)://www.townoforovallev.com/TownHall/Meetin,gs/Council/Minutes/100604 council ... 12/03/2004
08/04/04
Minutes, Council Regular Session
funded in the budget into the CIP. Council Member Parish SECONDED the motion.
MOTION CARRIED, 7 — 0.
Mayor Loomis recessed the meeting at 8:20 p.m. The meeting resumed at 8:30 p.m.
3. PUBLIC HEARING —RESOLUTION NO. (R)04-59 OVI I-04-05
AMENDMENT TO THE TOWN OF ORO VALLEY 1996 GENERAL PLAN TO
CHANGE THE LAND USE DESIGNATION FROM NEIGHBORHOOD
COMMERCIAL (NC) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDR)
FOR THE 5.99 ACRE "PARCEL T" OF RANCHO VISTOSO
NEIGHBORHOOD 10, LOCATED ON THE NORTH SIDE OF MOORE ROAD
EAST OF THE PROPOSED LA CANADA ROAD EXTENSION,
APPROXIMATELY 1,200 FEET EAST OF KING AIR DRIVE, PARCEL NO.
219-22-4220 (CONTINUED FROM JULY 07, 2004)
Community Development Director Brent Sinclair reported that staff is requesting a
further continuance of this item until such time that the applicants complete their
market study/analysis.
In response to a question from Mayor Loomis, Mr. Sinclair stated that if the item was
denied, the applicant would have to reapply for the amendment to the General Plan.
The request would then go back through the Town's processes for a General Plan
amendment.
Charles Hulsey, The WLB Group, representing Vistoso Partners, explained that the
consultant that was selected to do the market study has "been less than responsive." He
stated that they are now looking for a new consultant to conduct the market study. He
stated that he hoped to have the information back from the new consultant in about one
month.
Mayor Loomis opened the public hearing.
Mike Collier, 13461 N. King Air Drive, La Cholla Air Park, expressed his concerns
regarding the flight pattern over this parcel, should the area be rezoned to a higher
density.
Mayor Loomis closed the public hearing.
MOTION: Council Member Dankwerth MOVED to CONTINUE Resolution (R)04-
59 OV11-04-05, until the applicant provides a market study_ Council Member Culver
SECONDED the motion.
AMENDMENT TO THE MOTION: Vice Mayor Abbott asked that the motion be
amended to continue this item until the first meeting in October. Council Member
Dankwerth and Council Member Culver agreed to the amendment.
08/04/04 Minutes, Council Regular Session 6
DISCUSSION: Mayor Loomis commented that the Planning and Zoning Commission
recommended denial of this amendment. He felt that if the applicant was emphatic
about doing this, they can reapply in September. By that time, the applicant may have
enough information that the Commission would vote to recommend approval.
Vice Mayor Abbott stated that when this item was first brought forward, she
recommended denial as she felt that changing Commercial property to Medium High
Density was not the right thing to do. She also expressed concerns regarding the issues
raised by Mr. Collier.
MOTION TO CONTINUE THE ITEM TO OCTOBER, FAILED, 2 — 5, with Mayor
Loomis, Vice Mayor Abbott, and Council Members Culver, Carter and Gillaspie
opposed.
MOTION: Council Member Carter MOVED to DENY Resolution (R)04-59 OV11-
04-05 at this time. Vice Mayor Abbott SECONDED the motion.
DISCUSSION: Council Member Dankwerth commented that she agreed with the
staff s assessment and as an individual she would not like to see homes built there
primarily for safety reasons and that it would be advisable to use the area as a
Commercial area. However, she felt that it was somewhat out of the applicant's control
regarding the tardiness of the completed market study and the applicant should be given
the chance to bring this forward.
Council Member Parish concurred with Council Member Dankwerth and commented
that the Town should give the applicants the opportunity to make their case. He also
stated that he did not think it was appropriate to have the applicant spend money on the
market study and then deny it.
Council Member Gillaspie stated that he would like to see the market study go back to
the Planning and Zoning Commission. He also stated that if the applicant completes
the market study and resubmits the item, he would like the study to include how it
relates to the General Plan and also those concerns expressed by the public.
Vice Mayor Abbott commented that the Town needs Commercial properties. She
stated that the Rancho Vistoso Planned Area Development (PAD) requires that we
retain 15% commercial. She also expressed concern regarding the safety of future
residents as raised by Mr. Collier.
Mayor Loomis stated that if the applicant brings this item back for consideration, they
would have been given sufficient hints from the Council regarding justifying why this
particular piece of property should no longer be designated as Commercial in the
General Plan.
MOTION TO DENY, CARRIED, 5 — 2 with Council Members Dankwerth and Parish
opposed.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION
40: HONORABLE MAYOR AND COUNCIL
MEETING DATE: August 4, 2004
FROM: Bayer Vella, AICP, Senior Planner
SUBJECT: CONTINUED ITEM, PUBLIC HEARING: RESOLUTION NO. (R)04 59 OV11-04-05,
THE WLB- GROUP, REPRESENTING VISTOSO PARTNERS LLC, REQUESTS AN
AMENDMENT TO THE TOWN GENERAL PLAN (1996) TO CHANGE THE LAND
USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL (NC) TO MEDIUM
HIGH DENSITY RESIDENTIAL (MHDR) FOR THE 5.99 ACRE "PARCEL T" OF
RANCHO VISTOSO NEIGHBORHOOD 10, LOCATED ON THE NORTH SIDE OF
MOORE ROAD EAST OF THE PROPOSED LA CANADA _ROAD EXTENSION,
APPROXIMATELY 1,200 FEET EAST OF KING AIR DRIVE, PARCEL NO. 219-22-
4220.
BACKGROUND:
For a detailed description and analysis of this item, please refer to the June 16, 2004 Town Council memorandum.
At the June 16, 2004 Town Council public hearing, the applicant requested a continuance in order to conduct a
market study for review at the July 7 hearing. The following motion was specified:
MOTION.- Council Member Parish moved that Council accept the request for the continuance
especially if they are going to do a market study. He said that this opened up the possibility that
they would be interested in developing it commercially, which the Town needs. Council member
Culver seconded the motion. MOTION carried, 7-0.
At the July 71" hearing, staff reported that the applicant has requested a continuance of this item in order to
perform a market study.
MOTION: Council Member Parish MOVED to CONTINUE consideration of Resolution (R)04-
59 until August 4, 2004. Council Member Dankwerth SECONDED the motion. Motion
carried, 7 — 0.
NEW INFORMATION:
To date, a market study has not been submitted by the applicant.
A letter of protest was submitted by a resident of La Cholla Airpark (see attached).
SUGGESTED MOTION:
I move to continue Resolution No. (R)0459OV11-04-05, until the
c: Linda Thompson, WLB Group, Fax: 881-7492
Attachments:
Public Comment Letter
. June 16, 2004 TC Report
F:\OV\OV 11 \2004\11-04-05\Reports\TC Report - August.doc
study.
Administrator
Community Development Director
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TOWN OF ORO VALLEY
COUNCIL COMMUNICATION
TO: HONORABLE MAYOR AND COUNCIL
FROM: Susana Montana, Planner II
MEETING DATE: June 16, 2004
SUBJECT: PUBLIC HEARING: RESOLUTION NO. (R)04 59 OV11-04-05, THE WLB GROUP,
REPRESENTING VISTOSO PARTNERS LLC, REQUESTS AN AMENDMENT TO
THE TOWN GENERAL PLAN (1996) TO CHANGE THE LAND USE DESIGNATION
FROM NEIGHBORHOOD COMMERCIAL (NC) TO MEDIUM HIGH DENSITY
RESIDENTIAL (MHDR) FOR THE 5.99 ACRE "PARCEL T" OF RANCHO VISTOSO
NEIGHBORHOOD 10 LOCATED ON THE NORTH SIDE OF MOORE ROAD EAST
OF THE PROPOSED LA CANADA ROAD EXTENSION, APPROXIMATELY 1,200
FEET EAST OF KING AIR DRIVE, PARCEL NO.219-22-4220.
BACKGROUND:
Location
The Subject Parcel is situated on the north side of Moore Road, just east of the alignment of the terminus of the La
Canada Drive extension, and approximately 1,200 feet east of King Air Drive.
SITE DESCRIPTION:
ubiect Parcel
The Site is the 5.99 acre "Parcel T" within Rancho Vistoso Neighborhood 10. The Site is undeveloped and
features a riparian habitat (wash) along its eastern boundary. The proposed La Canada .Drive extension will
terminate at Moore Road just west of the Site.
General Area:
The Site's environs -are:
• newly constructed or under construction medium density (5,000 square feet lots) suburban housing to the
east (Parcels R, Q and W);
• recently -approved, yet undeveloped medium -density suburban subdivisions to the north (Parcels X, Y and
parts of V);
• recently -proposed medium density suburban subdivisions to the north (Parcels S, U and parts of V);
• additional medium high density zoning to the north;
• one -half -acre and one -acre planned subdivisions to the south; and
• rural residential (1 to 10 acre lots) home sites further to the west.
Please see the attached map and aerial photo.
LANDOWNER'S REQUEST: -
Excerpt below is from the application (Attachment 2):
Die owner of this parcel is responding to market demand and wishes to build single-family, site -built
detached homes on this parcel. The construction of homes on this parcel will be consistent with current
surrounding land uses as well as current adjacent zoning. Presuming an approval of this requested
amendment to the General Plan, the owner wishes to process an application to change the zoning from
COUNCIL COMMUNICATION, OV11-04-05 Page 2 of 5
Community Commercial "Gl " (Rancho Vistoso PAD) to Medium High Density Residential "MHDR "
(Rancho Vistoso PAD).
GENERAL PLAN CONFORMANCE:
1996 Land Use Map:
The current (1996) General Plan Land Use Map applies to the subject areas as follows (see also attached
General Plan Land Use Map):
Current 1996) General Plan Designation
Location
Land Use Designation
Density Allowed
Site
Neighborhood Commercial
N/A '
North
(RV Parcel U)
East (Parcel S)
West (Parcel V)
Low Density Residential -- LDR
Low Density Residential -- LDR
Low Density Residential -- LDR
0.6 to 1.2 dwelling units per acre
(RAC
0.6 to 1.2 RAC
0.6 to 1.2 RAC
South
Medium Density Residential -- MDR
2.1 to 5.0 RAC
Please note that the PAD zoning allows a higher density than the General Plan designation would allow.
GENERAL PLAN FINDINGS OF FACT:
s stated in Focus 2020, "the granting of a general plan amendment will be based on the following findings of.
Ict". A previous interpretation clarifying the intent of this statement indicates that "all four findings should be
met"' and recommendations for approval should be based on, amendments that create the "greatest good to the
community".
"That the amendment constitutes an overall improvement to the general plan and is not solely for the
benefit of a particular landowner or owners at a particular point in time. "
Applicant's response:
"Changing this parcel from commercial to residential is more in keeping with the residential development
in the area."
Staff analysis:
A. Loss of Commercial Area
The Rancho Vistoso Community Plan, adopted by Pima County in 1985, intended Rancho Vistoso to be a
"self-sufficient master -planned community". The TOV General Plan and Rancho Vistoso PAD reflect this
goal by incorporating the need for neighborhood -serving commercial land uses.
The Subject Parcel is the western -most commercial site in the Plan serving the Neighborhoods 10 and 11.
Otherwise, the closest shopping area is at Tangerine Road and Rancho Vistoso Boulevard, which is a
distance of approximately 3 miles. There is another commercial zone at Tangerine Road and La Canada
Drive; however, it was not developed as a neighborhood -commercial center. Rather, it was developed as
the Town's U.S. Post Office.
COUNCIL COMMUNICATION, OV11-04-05 Pate 3 of 5
The Site abuts Moore Road and the La Canada Drive extension; both of which would be four -lane
thoroughfares. Typically, neighborhood commercial uses are best sited along major thoroughfares,
particularly where access can easily be provided from those streets.
The existing General Plan' designation of Neighborhood Commercial for the Site satisfies the goal of
establishing a "self-sufficient" master planned community. The applicant's proposal would eliminate the
opportunity to develop a neighborhood service center.
B. Residential Density Proposed
The proposed General Plan amendment would designate the Site as Medium High Density Residential
(A=R) which would allow 5 to 10 RAC. If amended, the Applicant would seek a rezoning to allow 6 to
8 RAC and a minimum lot area of 5,000 square feet (sf). The highest General Plan designated density in
the area of the Site is immediately south (across Moore Road) and east of the Site; both are designated on
the General Plan as Medium Density Residential (MDR), allowing 2.1 to 5 RAC.
In sum, the proposal does not meet this criterion because it would remove a neighborhood -serving
commercial use where the closest alternative is over two miles away.
2. "That the amendment is consistent with the vision, goals, and policies of the General Plan. "
Applicant's response:
"Revising Parcel T to a residential use meets 2 of the 3 policies for Goal 4.1 and Goal 4.2."
Staff analysis:
Key policies germane to this application are presented below:
Goal 4.2 seeks "To ensure a jobs/housing balance within the greater Oro Valley region." This proposal
provides more housing and removes jobs (that would likely not be filled by those living in the Town). Its
affect either way is minimal.,
Goal .3.1 seeks "To ensure long-term financial and economic sustainability for the Town of Oro Valley."
Policy 3.1.D. seeks "A diverse economic base is desired to reduce Oro Valley's dependence on revenues
from growth." The proposal does not meet this goal.
Policy 1.2.17 seeks to "Locate higher density land uses and transportation -dependent uses near major
transportation corridors."
Higher density would be provided near a major transportation corridor; however, higher density residential
uses are expected to locate close to activity centers (commercial and other public services). With the
removal of the commercial, there are no activity centers nearby.
Goal 2.1: "To ensure the safe, convenient and efficient vehicular and non -motorized traffic circulation to
serve both within and through the community." Commercial on Parcel T would provide convenient goods
and services to adjacent residential subdivisions within walking distance and convenience for bicycle,
stroller, wheelchair, golf cart or other non -motorized travel.
School impacts: No information has been received from the school district and the school impact policies
are worded so that they are applicable at the time of rezoning review.
COUNCIL COMMUNICATION, OV11-04-05 Page 4 of 5
"That the general plan land use map does not provide appropriate optional sites for the use proposed in
the amendment. "
Applicant's response:
"We do not meet the criteria set forth in the third finding of fact."
Staff analysis: '
There are two other vacant sites designated for Medium High Density Residential within the Town: One
on Oracle Road has been proposed for medium density development; the other in Rancho Vistoso
Neighborhood 12 is proposed for casitas tied to the Ritz Carlton Resort. There are no other sites
designated and available for this type of development. Thus, the proposal does meet this criterion.
4. "That the amendment will not adversely impact the community as a whole, or a portion of the community
without an acceptable means of mitigating these impacts through the subsequent zoning and development
process.
Applicant's response:
"Revising Parcel T to residential has no impact on the community as a whole."
Staff analysis:
As described above, there appears to be a need for neighborhood services within the environs in order to
reduce vehicle trips, for the convenience for bicyclists and pedestrians, and to facilitate the sense of
community that is provided by a community gathering place such as a convenience store. There is also a
probable loss of sales tax.
PLANNING COMMISSION ACTION:
On May 4, 2004, the Planning and Zoning Commission considered the Applicant's request and voted (5 — 1) to
deny the request, finding that the loss of a neighborhood -serving commercial use, as allowed by the current
designation, would represent an adverse impact to Neighborhood 10 and the environs, and that the application does
not satisfy all of the Four Findings of Fact required for an amendment to the General Plan.
PUBLIC NOTIFICATION AND COMMENT:
As required by State statute, public notification regarding the proposed amendment was given to adjacent property
owners. At the time of report writing, staff has received two phone calls from residents living in the surrounding,
newly constructed subdivisions. They were concerned with the proposed density of MHDR and felt that the
current prevalent MDR designation would be more appropriate.
STAFF RECOMMENDATION:
The following is a summary of factors identified by staff:
actors For:
1. Residential development would be a compatible use, however, especially with no commercial use nearby,
MDR would be a more appropriate density for the neighborhood.
2. Meets finding number 3.
COUNCIL COMMUNICATION, OV11-04-05 Page 5 of 5
ctors Against:
1. Medium Density Residential (MDR) use would be more characteristic of the "emerging" land use of the
area, rather than Medium High Density Residential (MHDR) use, which is not represented in the area.
2. At its higher density ranges, MHDR is more appropriate closer to activity centers.
3. The loss of a neighborhood service center would force residents to drive to more distant shopping centers
for such goods and services, thereby diminishing local air quality and reducing the livability of a "high
quality" neighborhood by eliminating convenience goods and services and the community identity created,
by such a public gathering space.
4. This intersection will likely attract a significant volume of traffic.
5. Does not meet findings numbers 1, 2, or 4.
While no definitive market analysis has been provided, the distance from the area to other commercial centers and
the relatively small amount of commercial in the area indicate a need for the area to remain as commercial. Thus,
the loss of a neighborhood -commercial designation of Parcel T would represent an adverse impact to
Neighborhood 10, the environs, and the community as a whole. As a result, it is recommended that the Town
Council deny OV11-04-05.
SUGGESTED MOTIONS:
I move to deny Resolution No. (R)04- 50OV 11-04-05, finding that the loss of a neighborhood -serving commercial
use, as allowed by the current Neighborhood Commercial designation, would represent an adverse impact to
neighborhood 10 and the environs.
OR
I
I move to approve Resolution No. (R)04-59 OV11-04-05, a proposed General Plan Amendment to change the land
use designation from Neighborhood Commercial to Medium High Density Residential with the following
condition(s) `
OR
I move to approve Resolution No. (R)04S9 OV11-04-05, a proposed General Plan Amendment to change the land
use designation from Neighborhood Commercial to Medium High Densit YsidentialI
Attachments:
1. Resolution No. (R)04- 59
2. Location Map
3. Application Letter
4. Site and Environs Aerial Photo
5. General Plan Existing Land Use Designations Map
c: Linda Thompson, WLB Group, Fax: 881-7492
\OV\OVI 1\2004\11-04-05\Reports\TC Report.doc
RESOLUTION NO. (R)04- 59
A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING THE
GENERAL PLAN LAND USE MAP BY CHANGING THE LAND USE DESIGNATION
FROM NEIGHBORHOOD COMMERCIAL (NC) TO MEDIUM HIGH DENSITY
RESIDENTIAL (MHDR) FOR THE 5.99 ACRE "PARCEL T" OF RANCHO VISTOSO
NEIGHBORHOOD 10, LOCATED ON THE NORTH SIDE OF MOORE ROAD, EAST OF
THE PROPOSED LA CANADA ROAD EXTENSION, APPROXIMATELY 1,200 FEET
EAST OF KING AIR DRIVE, PARCEL NO.219-22-4220.
WHEREAS, the parcel number 219-22-4220, approximately 5.99 acres of land, is currently designated as'
Neighborhood Commercial on the land use map of the General Plan and is zoned PAD with a designation
of C-1, Community Commercial; and
WHEREAS, the Planning and Zoning Commission, having considered said application and request at a duly
noticed Public Hearing, in accordance with State Statue, and having made its recommendations to the Town
Council; and
WHEREAS, the Oro Valley Town Council has duly considered the General Plan amendment at a duly noticed
Public Hearing and finds that it is consistent with the Town's General Plan Policies, and other Town Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE
TOWN OF ORO VALLEY:
SECTION 1. The Council hereby adopts the General Plan land use map amendment, designating the.
subject parcel as Medium High Density Residential (5.1-10.0 DU/ac) on the land use map.
SECTION 2. The effective date of the General Plan land use map amendment shall be thirty days after the
adoption of this ordinance by the Town Council.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of the ordinance or any part of
the General Plan land use map amendment adopted herein is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions thereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this day of
Paul H. Loomis, Mayor
ATTEST:
Kathryn Cuvelier, Town Clerk
APPROVED AS TO FORM:
Mark Langlitz, Town Attorney
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GIS SERVICES: MARCH 2O04
LV _ t✓.
T re
Group
March 2, 2004
Mr. Bryant Nodine, AICP
Planning & Zoning Administrator
Town of Oro Valley
Development Services Center
11000 N. La Canada Drive
Oro Valley, Arizona 85737
MAR 0 9 2004
Attachment 3
Engineering • Planning
Surveying • Urban -Design
Landscape Architecture
Re: Neighborhood 10, Parcel T of the Rancho Vistoso Planned Area
Development (PAD)
Approximately 5 Acres
A Portion of Tax Parcel 219-22-4220
Request to Amend the Focus 2020: Town of Oro Valley General Plan
WLB Job No. 185050-A-071
Dear Mr. Nodine:
We are writing on behalf of the owner of the property, Vistoso Partners, LLC, to request
an amendment to the Focus 2020: Town of Oro Valley General Plan for the
approximately 5-acre Neighborhood 10, Parcel T. This request is to amend to the land
use designation from Neighborhood Commercial (C) to Medium High Density Residential
(MHDR).
The owner of this parcel is responding to market demand and wishes to build single-
family, site -built detached homes on this parcel. The construction of homes on this
parcel will be consistent with current surrounding land uses as well as current adjacent
zoning. Presuming an approval of this requested amendment to the General Plan, the
owner wishes to process an application to change the zoning from Community
Commercial "C-1" (Rancho Vistoso PAD) to Medium High Density Residential "MHDR"
(Rancho Vistoso PAD).
Based on the Development Services Fee Schedule, we have determined that the
required fees for this request are $1,800. Please apply this amount to the account
maintained by the Town on behalf of Vistoso Partners, LLC.
Engineering • Planning • Surveying • Urban Design • Landscape Architecture
Offices located in Tucson, Phoenix, Las Vegas • E-mail: tucson®wlbgroup.com
4444 East Broadway - Tucson, Arizona 85711 • (520) 881-7480 • FAX (520) 881-7492
roup
Should you have any questions regarding this request or require additional information,
please call Rob Longaker or me at (520) 881-7480.
Sincerely,
THE WLB GROUP, INC.
C�'L
rles Hulsey, A.I.C.P.
Vice President
Land Planning and Landscape Architecture
L:\185050\Neigh10\Parce1 T\GP Amend letter.doc
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MINUTES
ORO VALLEY TOWN COUNCIL.
REGULAR SESSION
JULY 07, 2004
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER 6:05 p.m.
ROLL CALL
PRESENT: Paul Loomis, Mayor
Paula Abbott, Vice Mayor
K.C. Carter, Council Member
Conny Culver, Council Member
Helen Dankwerth, Council Member
Barry Gillaspie, Council Member
Terry Parish, Council Member
EXECUTIVE SESSION AT OR AFTER 6:00 PM
MOTION: A MOTION was made by Council Member Parish and SECONDED by
Council Member Culver to go into Executive Session at 6:05 p.m. for the following
J purpose:
1. Pursuant to ARS 38-431.03 (A)(3) & (A)(7) discussion and consultation with
the Attorneys for the Town regarding the Oracle Road Improvement District,
condemnation action to acquire a temporary construction easement over a portion
of Fry's Shopping Center property located at 10661 N. Oracle Road
2. Pursuant to ARS 38-431.03(A)(3) & (A)(7) Discussion with the Town
Attorney regarding the purchase or lease of real property for Town Facilities
Mayor Loomis announced that in addition to the Town Council, the Town Manager, the
Town Attorney and the Town Clerk, Town Engineer Bill Jansen would be present in
Executive Session for Items 1 & 2 and Scott Ruby, Bond Counsel, would be present in
Executive Session for Item 1.
Motion carved, 7 — 0.
MOTION: A MOTION was made by Council Member Parish and SECONDED by
Council Member Dankwerth to go out of Executive Session at 7:20 p.m. Motion carried,
7-0.
RESUME REGULAR SESSION AT OR AFTER 7:00 PM
CALL TO ORDER 7:28 p.m.
ROLL CALL
PRESENT: Paul Loomis, Mayor
4 Paula Abbott, Vice Mayor
07/07/04 Minutes, Council Regular Session 2
K.C. Carter, Council Member
Conny Culver, Council Member
Helen Dankwerth, Council Member
Barry Gillaspie, Council Member
Terry Parish, 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. He also
announced that a recent Press Release reported that the Town of Oro Valley has been
named the "top rated small city" in Arizona.
ORDER OF BUSINESS: Mayor Loomis stated that Item 10 would be moved before
Item 9.
MOTION: Council Member Culver MOVED that in the event that all the agenda
business is not finished at or before 9:30 p.m., she would like at that time to entertain a .
motion to try to complete -the item -the Council is on but not to go any later than 10:00
p.m. and to continue remaining items to a time specific. Council Member Dankwerth
SECONDED the motion.
I
DISCUSSION followed regarding consideration to the public, staff and the- Council;
midnight might be a better time; the motion to adjourn is a Privilege Motion and.can be
brought forward at any time; 11:00 p.m. was also discussed as a time for adjournment,
consider adjournment on a case by case basis, prioritize issues, and discussion of this
item would be a good subject for the Council Retreat.
MOTION FAILED, 1 — 6, with Council Member Culver voting in favor of the motion.
CALL TO AUDIENCE
Art Segal, 10148 N. Bighorn Butte Drive, questioned the fact that a contract on the
Consent Agenda was being approved with an Emergency Clause. He suggested that
contracts should have a set procedure, and that maybe a Procurement or Purchasing
Manager should be in charge of contracts.
Al Kunisch, 12865 N. Mystic View Place, stated that he appeared before the Council in
June in reference to a letter that was placed on the AZCOPS web site. He also referenced
a questionnaire and letter. sent out by the OVPOA (Oro Valley Police Officers
Association) to all the Council candidates running in the Primary Election seeking their
support for specific items such as a Meet and Confer ordinance, retirement benefits,
disability pension increases, a right to fully participate in elections, etc. Mr. Kunisch also
07/07/04 Minutes, Council Regular Session
3.
questioned the possible circulation of a petition at the Police Department and whether it
was true that if this petition was signed by a majority of officers, that the current Council
would allow them the right to represent all the police officers. He further questioned
whether Council Member Parish had a conflict of interest regarding the possibility of his
helping to rewrite the 'AZCOPS Meet and Confer Ordinance and the fact that he is the
liaison to the Police Department since he is a member of AZCOPS. He stated that the
citizens are looking for answers and demanded that the OVPOA release the answers to
the referenced questionnaire. He also stated that the OVPOA/AZCOPS should apologize
to the Town Manager, the Town Attorney and the citizens of Oro Valley.
Mary Lou Thomas, 10250 N. Valle del Oro, stated that she has been asking Pima County
to clean out Mutterer's Wash but she never had any response or cooperation from them.
So, she contacted the Arizona Daily Star about the problem but they erroneously printed
that she did not receive any cooperation from Oro Valley (instead of Pima County.) She
explained, however, that even though it was the County's responsibility, Lory. Warren
from the Town's Public Works Department called her and had the area cleared. She
stated that the County finally responded, but the work had already been done by Oro
Valley. She said that she hoped that the Council does everything to preserve the quality
of life in Oro Valley.
RESPONSE FROM COUNCIL REGARDING CALL TO AUDIENCE ITEMS:
Re: Mr. Segal's comments: Mayor Loomis explained that the Town does have processes
in place for Contracts and Award of Bids and the reference to the Emergency Clause was
a typographical error and will be removed from the Resolution approving the contract.
(Vice Mayor Abbott directed staff to follow up with Mr. Segal regarding his concerns.)
Re: Mr. Kunisch's comments: Council Member Parish stated that if he had written the
letter that appeared on the internet, he would apologize for it. However, he did not write
it so he can not apologize for it. He also stated that he and other members of the Council
took the steps necessary to get said letter removed from the internet as they were also
appalled and disgusted by its content. He further commented that during his campaign;
he made it known that he supported the Police and he felt that they should have the right
to Meet and Confer. However, he did not nor was he aware that any other Council
candidates made any kind of pact with any union or organization prior to the election. He
stated that the Council candidates did fill out questionnaires submitted by various groups
and organizations and he stands behind his answers.
CONSENT AGENDA
At the request of Council Member Gillaspie, Item D was pulled for discussion. At the
request of Council Member Carter, Item B was also pulled.
MOTION: Council Member Dankwerth MOVED to APPROVE the Consent Agenda
with the exception of Items B and D. Council Member Carter SECONDED the motion.
Motion carried, 7 — 0.
07/07/04 . Minutes, Council Regular Session 4
A. Minutes — 05-26-04; 06-02-04; 06-05-04; 06-09-04; 06-21-04
B. Resolution No. (R)04-61 Authorizing the Award of Contract between the
Town of Oro Valley and AAA Landscape in the amount of $119,660.00 to
provide Town of Oro Valley Landscape Services and deelaring an emer-geney
te-exiet (PULLED FOR DISCUSSION)
C. Resolution No. (R) 04-62 Amending the Intergovernmental Agreement
between the Town of Oro Valley and Golder Ranch Fire District for the
provision of Fire Marshal duties
D. Resolution No. (R)04-63 Amending that certain document entitled
"Development Services Fee and Penalty Schedule" adopted by Resolution No.
(R)03-44 relating to the Fee and Penalty Schedule for variances and appeals to
the Board of Adjustment (PULLED FOR DISCUSSION)
B. RESOLUTION NO. (R)04-61 AUTHORIZING
THLANDSCAPEARDOF IN THE CT
BETWEEN THE TOWN OF ORO VALLEYAAA
AMOUNT OF $119,660.00 TO PROVIDE TOWN OF ORO VALLEY LANDSCAPE
SERVICES ^'` r�rr•r nvn.Tr, nor; MERG rIC� TO 9��
In response to questions from Council Member Carter regarding blanks in Section 5
(Liquidated Damages) of the, landscape contract, Parks and Recreation Administrator
Ainsley Reeder explained that the contract is in a standard format used by the entire
Town but in this case, a Bond is provided by the contractor to cover any problems that
could arise. She stated that "zeros" are placed in the blanks before the contract is signed.
Community Development Director Brent Sinclair further explained that construction
contracts include "liquidated damages" numbers as they have a certain date of
completion.
Council Member Gillaspie commented that the explicitness of the Scope of Work and the
Timing in the Contract were not real prevalent and suggested that staff may want to look
at that for future contracts.
MOTION: Council Member Gillaspie MOVED to APPROVE Resolution (R)04-61,
award of contract with AAA Landscape. Council Member Carter. SECONDED the
motion. Motion carried, 7 — 0.
D. RESOLUTION NO. (R)04-63 AMENDING THAT CERTAIN DOCUMENT
ENTITLED "DEVELOPMENT SERVICES FEE AND PENALTY SCHEDULE"
ADOPTED BY RESOLUTION NO. (R)03-44 RELATING TO THE FEE AND
PENALTY SCHEDULE FOR VARIANCES AND APPEALS TO THE BOARD OF
ADJUSTMENT
Council Member Gillaspie applauded the efforts to reduce variance and appeal fees but
suggested that the Town of Oro Valley consider setting the fee for individuals at $150 to
match the Town of Marana's. He stated that this lower fee would also help encourage
residents to follow the processes.
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07/07/04 Minutes, Council Regular Session
5
MOTION: Council Member Gillaspie MOVED to APPROVE Resolution (R)04-63 with
the change of the cost of appeals for individuals to be set at $150. Council Member
Parish SECONDED. the motion. Motion carried, 7 — 0.
2: SUMMER YOUTH PUBLIC ART PROJECT PRESENTATION
Artist Supervisor Julie Stein and high schools students Shannon Belock, Shawna
Brandom, Tanya Brandom, Kimi Donahue, Kayla Rowley and Derek Zwiener reviewed a
presentation on previous Transportation Art projects that they restored for their 2004
Transportation Art project. They also stated that they were creating a mosaic tile floor
that they would be placing somewhere in Oro Valley.
3. PROJECT GRADUATION PRESENTATION TO CHIEF SHARP
Mary Snider, 11475 N. Mountain Breeze, representing Project Graduation (a drug and
alcohol free night for graduating Seniors) presented a Plaque of Appreciation to Chief
Sharp for his support and dedication and for playing a vital role in bringing the first
Project Graduation to the seniors in Oro Valley.
Lisa Secan 7031 N. Paloma Drive, also presented a Plaque of Appreciation to the Town
Council for their support and commitment to Project Graduation.
Mayor Loomis and Vice Mayor Abbott thanked the Project Graduation team for all their
Jefforts and hard work.
4. APPOINTMENT OF ONE MEMBER AND RE -APPOINTMENT OF TWO
MEMBERS TO THE PLANNING & ZONING COMMISSION TO TWO YEAR
TERMS, EXPIRING JUNE 30, 2006
MOTION: Council Member Gillaspie MOVED to re -appoint Pete Bistany and Don
Manross and appoint Doug Mckee to the Planning and Zoning Commission for terms of
two years with their terms expiring June 30, 2006. Council Member Dankwerth
SECONDED the motion. Motion carried, 7 — 0.
5. APPOINTMENT OF THREE MEMBERS AND RE -APPOINTMENT OF
THREE MEMBERS TO THE DEVELOPMENT REVIEW BOARD TO TWO
YEAR TERMS EXPIRING JUNE 30, 2005 AND JUNE 30, 2006
MOTION: Council Member Culver MOVED to re -appoint Mary Caswell and Richard
Feinberg to the Development Review Board for two year terms expiring June 30, 2006
and appoint Dan Stun -non and Mary Glueck for terms effective August 10, 2004 through
June 30, 2006 to the Development Review Board. She further moved to appoint Marc
Panas to fill the vacancy with term expiring June 30, 2005. She also moved to re -appoint
Clark Reddin until January 31, 2005 with the understanding he will enroll and complete
the next Citizens Planning Institute beginning October 2004. Council Member Gillaspie
SECONDED the motion. Motion carved, 7 — 0.
07/07/04 Minutes, Council Regular Session
6
6. APPOINTMENT OF TWO MEMBERS AND RE -APPOINTMENT OF
TWO MEMBERS TO THE BOARD OF ADJUSTMENT TO TWO YEAR
TERMS, ONE TERM EXPIRING JUNE 30, 2005 AND THREE TERMS
EXPIRING JUNE '30,2006
Mayor Loomis opened the floor for public comment. — Bill Adler, 10720 N. Eagle Eye
Place, stated that he was disappointed with the lack of compliance and adherence to the
Town Council Policies regarding appointments to the Town's Boards and Commissions.
MOTION: Council Member Dankwerth MOVED to re -appoint Colleen Kessler and
Bart Schannep and appoint John Hickey to the Board of Adjustment for terms of two
years with their terns expiring June 30, 2006. She also MOVED to appoint Matt
Adamson to fill the vacancy with the term expiring June 30, 2005. Mayor Loomis
SECONDED the motion. Motion carried, 7 — 0.
7. APPOINTMENT OF TWO MEMBERS AND RE -APPOINTMENT OF
ONE MEMBER TO THE BUDGET AND BOND COMMITTEE TO TWO YEAR
TERMS, EXPIRING JUNE 30, 2006
MOTION: Mayor Loomis MOVED to re -appoint Lyra Done and appoint Sarah Frost
and Anton Eichorn to the Budget & Bond Committee for terns of two years with their
terms expiring June 30, 2006. Council Member Carter SECONDED the motion. Motion
carried, 7 — 0.
Mayor Loomis recessed the meeting at 8:25 p.m. The meeting resumed at 1:37 p.m.
8. RESOLUTION NO. (R)04-64 ADOPTING THE TENTATIVE
ESTIMATES OF THE AMOUNTS REQUIRED FOR THE FISCAL YEAR
2004/2005 AS A TENTATIVE BUDGET; SETTING FORTH THE RECEIPTS
AND EXPENDITURES/EXPENSES FOR THE FISCAL YEAR 2004/2005;
GIVING NOTICE OF THE TIME FOR HEARING TAXPAYERS AND FOR
ADOPTING THE BUDGET FOR THE FISCAL YEAR 2004/2005; PROVIDING
FOR THE CONTINGENCIES; PROVIDING FOR THE USE OF FUNDS;
SETTING THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION FOR
FISCAL YEAR 2004/2005; AND, DECLARING AN EMERGENCY
Finance Director David Andrews stated that approval of Resolution (R)04-64 would
adopt the Town's Tentative Budget for fiscal year 2004/05 and set the Local Expenditure
Limitation. He explained that the Council has the discretion to make changes to the
Budget prior to adoption of the Final Budget, but the total amount of the Final Budget
may not exceed the Expenditure Limitation. Mr. Andrews also explained that the
Tentative Budget meets the Council's direction that the General Fund Budget be balanced
so that revenues meet or exceed expenditures ($1,494,159 deficit was eliminated and a
$32,514 surplus was realized.)
07/07/04 Minutes, Council Regular Session
Mr. Andrews reviewed an overhead presentation and explained the following:
J Tentative Budget is in the amount of $117,842,886 and is balanced with the
following revenues and financial resources:
o Revenues - $57,742,292
o Proceeds from Bond Issuances - $9,064,764
o Cash Reserves - $51,035, 830
■ Financial resources will be used to pay for Town services (Police, Streets and
Roads Maintenance, Development Services, Library Services, Parks &
Recreation, Public Transportation, Water Utility, Storm Water Utility, Magistrate
Court, Administration, Municipal Debt Services, Capital Improvement Projects,
and Contingency Reserves.)
■ Employee Staffing - Recommended staff increase of 8.75 positions.
■ Employee Compensation — 1.6% COLA to be effective on July 1, 2004 for all
Town employees, Step Increases for Commissioned Police Department personnel
and up to a 4% Merit Increase for all other Town employees.
■. Continue to pay 100% of health and dental insurance premiums for employees
and 75% for their dependents.
■ Capital Improvements Projects total $35.8 million.
■ Water Utility Capital Improvement Projects total $17.0 million.
Contingency Reserve:
o Requirement = $3,904,297 (20% or more.of recurring expenses)
o Budget Contingency = $7,368,101
-time expenditures for Employee Safety and
Town Manager Chuck Sweet reviewed one
Work Environment and requested that the Council consider adding the following projects
back into the 2004/05 Budget:
■ Police Department — Public Weapons Storage/Records Expansion Project
($160,000) `
■ Building Safety Division — Building & Improvement Project ($47,239)
In response to a question from Mayor Loomis, Mr. Sweet explained that $117,842,886
includes the two CIP expenditures (as requested above.) He stated that if the Council
approves them, the Fund Balance would decrease by that total amount and they would
then become funded line items (total amount would remain the same.)
Council Member Dankwerth referenced a note given to the Council signed by the "Loyal
Town Employees" requesting the Council to reconsider their reduction of the proposed
budget. She stated that she values the employees and is aware of how hard they work,
but the Town must live within its means and the Council must consider the benefit and
welfare of all the Town's citizens. She stated that the Contingency Fund was for
emergency use and she did not see any requests that would be considered as an
emergency.
Mayor Loomis opened the floor for public input.
U
07/07/04 Minutes, Council Regular Session 8
Barb Harnisch, 245. W. Spring Valley Place, employee in the Town Clerk's Office, asked
that the Council reconsider the half-time position as requested by the Clerk's Office. She
reviewed duties of the position and explained that as the Town continues to 'grow, so do
the demands on the Town's employees. She asked that the Council give the employees
the tools to do their jobs effectively.
Bill Adler, 10720 N. Eagle Eye Place, stated that the Council inherited a pattern of Town
management that was irresponsible when it came to budgeting and expenditures., He
stated that he supported a balanced budget and he disagreed that one time expenditures
could be handled "off budget" and through the Contingency Fund. He further
commented that he hoped that the Council would approve a balanced budget and find
cuts elsewhere in the Budget to fund those items deemed necessary, advisable or
desirable.
Alex Jacome, 2840 N. Country Club, stated that the Building Inspectors work area is a
bad situation. He asked that the Council reconsider keeping this project in the budget.
In response to a question from Mayor Loomis, Mr. Sweet explained that there are no "off
budget" expenditures. He stated that all items are line items and the Town must provide
a balanced budget. He further described "one-time expenditures" and explained that they
are defined projects, with a defined scope of work, and with a defined dollar amount. He
stated that these are monies that are spent once and are not recurring expenditures year
after year.
to i
Discussion followed regarding:
Council Member Dankwerth:
■ Contingency Funds — Original budget $6.129 million (less one-time expenditures,
' expenditures for purchase of property plus other issues - these items would further
reduce the Contingency Fund.)
■ Applaud efforts to reduce Budget, but feels approximately $150,000 more could
be cut. This would not eradicate the items, but would cut them in half (do half
now, and half next year.)
■ See what revenues are as they come in. Reluctant to spend money before we
know what is going to happen.
■ Look into the future and possibly consider a Procurement Officer to do
purchasing for the Town.
■ Would like to give everything that was asked for, but can not afford it.
Council Member Gillaspie:
■ Thanked staff for efforts and for prioritizing the items.
■ Questioned the scanning of items for disaster recover.
■ Compared ranking for positions verses one-time expenditures regarding building
improvements.
■ Some areas in the Budget that have been cut may have a long-term impact on the
community (i.e. Web Master, upgrades to computer environment. Need
technology available to serve citizens.)
to ■ Cubicles verses stud walls in basement area for Building Inspectors?
07/07/04 Minutes, Council Regular Session
9
Vice Mayor Abbott:
Certain positions are critical to keep Town functioning smoothly (Office
Specialist - page 8, Part-time Clerk Office position - page 15, ESL Ordinance
Person - page 27)
■ Aquatics Enclosure (C1P process identified this item as somewhat of a hazardous
condition, could be a liability issue. Page 37)
■ Concerned with annexation process - need revenues to fulfill any promises being
made during annexations.
Council Member Culver:
■ Add in Court Room Clerk position and Part-time Clerk Office Position.
■ Reclassifying Public Information Officer position - can not afford at this time.
■ Police Department improvements - look at doing in phases.
■ Building Inspectors office improvements - would like firm bids on this project.
(Cost of utilizing cubicles verses stud walls.)
■ Look at distribution of work load - some employees are overwhelmed with work
while others may be able to absorb the overload.
Mayor Loomis:
■ Numbers for cubicles have been provided: Cubicles are $40.00 per linear foot
verses $30.00 per linear foot for stud wall.
■ Town is doing very well and is fiscally sound.
■ Recurring costs are those operating and maintenance items that occur year after
year (mostly people and their support materials.) These recurring costs are driven
through state -shared revenues and the Town's General Fund.
■ Continue to move forward with commercial development (economic incentives
were critical.)
■ Fiscal forecast — Budget is performed each year, can react to the market faster.
■ State's forecasts are positive. The right answer is not that the sky is falling and
that we have to cut everything to "zero."
■ Follow policy, look carefully at recurring expenses. Balance new positions.
■ Not going to re -write the Budget tonight. Critical item is to establish the Local
Alternative Limitation for fiscal year and adopt the Tentative Budget. Then can
move items around if necessary or desirable.
■ Hold a Special Session to review line items, address Council's concerns and make
recommendations.
MOTION: Mayor Loomis MOVED to APPROVE Resolution (R)04-64 adopting the
Tentative Budget for Fiscal Year 2004-2005 and setting the Local Alternative
Expenditure Limitation for Fiscal Year 2004-2005 in the amount of $117,842,886 and
including the recommended CIP items for the Police Department (Storage and Record
space) and Building Safety Division improvements and to hold a Special Session on July
14, 2004 to talk about any other additional changes to the Tentative Budget and possibly
take action on those changes to the Tentative Budget. The motion was SECONDED by
Council Member Culver for discussion.
07/07/04 Minutes, Council Regular Session 10
Discussion followed regarding:
j Have until July 19,' to adopt Tentative Budget. Take that time to make sure
setting the spending level appropriately. (Council Member Culver)
■ Council not willing to go over the spending limit. Most aiming lower than what is
being stated. Have Staff look at requests regarding new employees. Courts are
overworked: Same staffing levels even though work has quadrupled. Look at
ways to fund vital positions. (Council Member Parish)
■ Using Population Technical Advisory numbers verses mid -decennial census?
(Council Member Gillaspie) — (Numbers are very close, can use POPTAC
numbers. Funding for mid -decade census has been cut from current proposed
Budget.)
■ urplus of issues related to annexation.
Court system needs to be supported. S
When looking at items to cut, beware of safety issues. Look at phasing and can
we delay some of the items and reconsider them mid -year? (Vice Mayor Abbott)
■ Need to hire additional help. Take hard look at budget, look for wastes and solve
a lot of the problems. (Council Member Carter)
■ Reiterate line between recurring and non -recurring expenses: recurring expenses
that are issues this year are going to be issues next year. Challenge is as we work
the items and look at the budget, the recurring expenses continue to grow at
almost the same rate as the income. (Mayor Loomis)
Mr. Sweet explained that there is a timing issue with regard to getting police officers in
the Police Academy. He asked that they have authorization to proceed with hiring the
officers.
Police Chief Sharp further explained that the hiring of police officers is not- an easy task.
He explained that they must be in a position to make a conditional offer to candidates and
proceed with testing; etc. The Academy is held in August, September and January and in
order for them to place conditional offers under the COPS grant and get the candidates
enrolled in the September Academy, the offers must be made the last week of July. He
stated that if the Budget is not adopted until August 0, they will not be able to get
anybody in the Academy until January, 2005.
AMENDMENT TO THE MOTION: Mayor Loomis amended the motion by adding that
any personnel changes for the Police Department will not impact the eight (8) COPS
Grant positions. Council Member Culver agreed to the amendment.
Council Member Culver noted that there was not a firm number or bid received on the
Building Safety Division improvements.
MOTION AS AMENDED CARRIED, 6 —1 with Council Member Culver opposed.
Mayor Loomis recessed the meeting at 9:42 p.m. The meeting resumed at 9:50 p.m.
(Item 10 was not moved forward as was discussed at the beginning of the meeting.)
07/07/04 Minutes, Council Regular Session 11
9. PUBLIC HEARING — RESOLUTION NO. (R)04-59 OVI1-04-05
AMENDMENT TO THE TOWN OF ORO VALLEY 1996 GENERAL PLAN TO
CHANGE THE LAND USE DESIGNATION FROM NEIGHBORHOOD
COMMERCIAL (NC) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDR)
FOR THE 5.99 ACRE "PARCEL T" OF RANCHO VISTOSO NEIGHBORHOOD
10, LOCATED ON THE NORTH SIDE OF MOORE ROAD EAST OF THE
PROPOSED LA CANADA ROAD EXTENSION, APPROXIMATELY 1,200 FEET
EAST OF KING AIR DRIVE, PARCEL NO.219-22-4220 (CONTINUED FROM
JUNE 16, 2004)
Community Development Director Brent Sinclair reported that the applicant has
requested a continuance of this item in order to perform a market study.
MOTION: Council Member Parish MOVED to CONTINUE consideration of
Resolution (R)04-59 until August 4, 2004. Council Member Dankwerth SECONDED
the motion. Motion carried, 7 — 0.
10. DISCUSSION AND POSSIBLE ACTION APPROVING THE PURCHASE
OF AN 8.96 ACRE PARCEL OF REAL PROPERTY LOCATED AT ORACLE
ROAD AND CALLE CONCORDIA (PIMA COUNTY ASSESSOR'S NO.225-11-
2960) FOR FUTURE TOWN FACILITES AND DIRECTING THE TOWN
MANAGER TO PREPARE AND DELIVER TO COUNCIL FOR APPROVAL A'
WRITTEN PURCHASE AGREEMENT BY JULY 219 2004 (CONTINUED FROM
JUNE 16, 2004)
Town Manager Chuck Sweet reported that a Future Space Needs Report conducted for
the Town described the need to acquire additional land to accommodate a new joint use
operation and maintenance center, administrative offices and a policy training facility.
He stated that since that time, the Town has searched for additional properties and has
most recently been negotiating with the landowner of property at Oracle Road and Calle
Concordia. The parcel number is 225-11-2960 and is 8.96 acres in size.
Council Member Dankwerth noted that the property is located along Oracle Road and
could conceivably be used as commercial property. She stated that she did not like the
idea of using property that could be revenue producing for a maintenance site. She also
stated that we might be in the same situation that we are in currently with the present
maintenance site at Calle Concordia. She stated that after discussing reducing the budget,
spending $1 million from the Contingency Fund did not seem to be the thing to do and
we should look for a site that we could more easily afford.
Mayor Loomis opened the floor for public comment. The following people spoke against
relocating the maintenance facilities to the proposed site citing such reasons as: the area
along Oracle Road is a gateway to Oro Valley and near Pusch Ridge, possibly move the
maintenance facilities to a more northern site where it would be a more efficient location,
property has value -use as a commercial site, Town's budget constraints -oppose using
Contingency funds, could encounter same problems we are having now with the current
07/07/04 Minutes, Council Regular Session 12
maintenance facilities location, consider using Naranja Town Site or West Lambert Lane
Park properties which. Town already owns for these facilities, consider all viable
options/properties, devaluation of neighboring properties, Town's maintenance facilities
are "ugly" and do not belong on Oracle Road, and safety issues with regard to location of
high school, park facilities, homes, town homes, etc. and the generated traffic, noises,
exhaust fumes from`the proposed maintenance facility:
Don Scheer, 7799 N. Korte Lane
Art Segal, 10148•N...Bighorn Butte
Celta Godfrey Sheppard, 630 W. Calle Concordia
Stephen Sheppard, 630 W. Calle Concordia
Chet.Oldakowski, 11706 N. Via de la Verbenita
Bill Adler, 10720 N. Eagle Eye Place
Ron Cook,140 Ridge Glow Place
In response to a question from Vice Mayor Abbott regarding the zoning of Naranja Town
Site and the proposed site, Mr. Sinclair explained that the Naranja Town Site is zoned as
R1-144 with a General Plan designation of Parks and Recreation and Open Space and the
proposed site'is R1-144 and has a General Plan designation of Public Schools with a
backup designation of Commerce Park/Commercial.
Town Attorney Mark Langlitz advised that as a municipality, by law the Town is not
subject to zoning.
Further discussion followed:
■ Public works yard is ugly. The proposed site would best fit into some type of
commercial land use. Concern that placing the facilities at the Naranja Town Site
would bring about a lawsuit (surrounded by residential, traffic generated,: etc.)
Look at other sites; give new Council Members time to see what is available.
Concerned with proximity of proposed site to school. (Vice Mayor Abbott)
■ Several Council Members toured the Naranja Town Site. Site is large with
significantly different elevations (old quarry area would provide natural sound
buffer,) homes are far away, area could serve a multitude of uses, look at all
interests for all citizens, all will have to compromise. (Council Member
Dankwerth)
■ Benefits: Proposed property would probably not cause same problems we are
facing at Calle Concordia property and it would establish control along that sector
of Oracle Road. Problems: Does not meet needed size as recommended by staff
and it would take a lot of money to make the site presentable for the Oracle Road
Corridor. No matter where the site is placed, the Town will face opposition.
Need to do what is in the best interest for the Town. (Council Member Gillaspie)
■ Proposed site is not appropriate, site is 8.9 acres and we need at least 15 acres.
The property is expensive; the Town does not need to buy prime real estate for a
maintenance site. (Council Member Culver)
■ Need to look forward to future. Southern area is mostly developed and the Town
needs property on the southern part of Town. Site is. adjacent to the James D.
Kriegh Park (and could ultimately be a part of the park.) Site is along Oracle
07/07/04 Minutes, Council Regular Session 13
Road and has significant buffering capabilities. Have looked at a lot of properties
in the Town since project started almost 3. years ago. There are advantages and
disadvantages to the property but this piece does fit into the future needs of the
Town for facilities to the south. (Mayor Loomis)
■ A lot of time, money and effort have been expended to get Economic
Development Agreements (EDAs) for properties in this general area. It is a
gateway area along Oracle Road. We should not consider placing a maintenance .
yard in same area. Fail to see logic of spending money we don't have for:
property that will not fit the long term purpose that it will be needed for.
Important to find a permanent place for the maintenance facilities. (Council
Member Parish)
In response to a question from Council Member Gillaspie, Mr. Sweet explained that the
analysis that was done on approximately 34 sites was very basic (what existed on the:
sites, was it a flood plain, how much was usable, what was the proximity to utilities, what
was the zoning, was it centrally located, etc.)
In response to questions from Vice Mayor Abbott, Town Engineer Bill Jansen explained
that the security would be an upgrade of what is provided at the current site with regard
to fencing, screen walls, etc. (to protect the site and deter people from coming on the site
when they should not.) The Police Department would be checking the property at night
as they currently do at the Calle Concordia site. He explained that the site has not been
laid out, so the traffic patterns have not been established. He also stated that the
architectural design was a major element and they did not want to replicate the current
site, but wanted to build a facility that the Town would be proud of.
MOTION: Council Member Culver MOVED to DENY the purchase of the 8.96 acre
parcel property located at. Oracle Road and Calle Concordia for future Town facilities and
further directed the Town Manager to continue evaluating potential properties for an
appropriate location for Town facilities. Council Member Parish SECONDED the
motion.
DISCUSSION followed regarding the ingress/egress of the site and impact to the school,
opposed to spending money that would not fix the problem, not necessarily focused only
on the Naranja Town Site, need to fix the problem for the long term, cost is too steep,
look for other sites.
MOTION TO DENY CARRIED, 6 — 1 with Mayor Loomis opposed.
TOWN MANAGER'S REPORT —No report.
COUNCIL REPORTS — No reports.
DEPARTMENT REPORTS — No reports.
CALL TO AUDIENCE — No speakers.
07/07/04 Minutes, Council Regular Session 14
ADJOURNMENT.•.
MOTION: A MOTION was made by Council Member Carter and SECONDED by
Council Member Dankwerth to adjourn at 10:40 p.m. Motion carved, 7 — 0.
Respectfully submitted,
Roxana Garrity, CMC
Deputy Town Clerk
I hereby certify that the foregoing minutes are a true and correct copy of the minutes
of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held
on the _7th_ day of July 2604. I further certify that the meeting was duly called and
held and that a quorum was present.
Dated this oZ a day of 2004.
1I �
KatKryn E. Cuvelier, CMC
Town Clerk
TOWN OF ORO VALLEY
cnUNCIL COMMUNICATION
TO: HONORABLE MAYOR AND COUNCIL
FROM: Bayer Vella, AICP, Senior Planner
MEETING DATE: July 7, 2004
SUBJECT: CONTINUED ITEM, PUBLIC HEARING: RESOLUTION NO. (R)0459 OV11-04-05,
THE WLB GROUP, REPRESENTING VISTOSO PARTNERS LLC, REQUESTS AN
AMENDMENT TO THE TOWN GENERAL PLAN (1996) TO CHANGE THE LAND
USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL (NC) TO MEDIUM
HIGH DENSITY RESIDENTIAL (MHDR) FOR THE 5.99 ACRE "PARCEL T" OF
RANCHO VISTOSO NEIGHBORHOOD 10 LOCATED ON THE NORTH SIDE OF
MOORE ROAD EAST OF THE PROPOSED LA CANADA ROAD EXTENSION
APPROXIMATELY 1,200 FEET EAST OF KING AIR DRIVE PARCEL NO. 219-22-
4220.
BACKGROUND:
For a detailed description and analysis of this item, please refer to the June 16, 2004 Town Council memorandum.
At the June 16, 2004 Town Council public hearing, the applicant requested a continuance in order to conduct a
arket study for review at the July 7 hearing. The following motion was specified:
MOTION: Council Member Parish moved that Council accept the request for the continuance
especially if they are going to do a market study. He said that this opened up the possibility that
they would be interested in developing it commercially, which the Town needs. Council member
Culver seconded the motion. MOTION carried, 7-0.
NEW INFORMATION
The applicant is seeking a consultant to complete a market study.
SUGGESTED MOTION:
I move to continue Resolution No. (R)04- 5,90V11-04-05, until the applicant provides a market study as specified
by the Town Council at the June 16, 2004 public hearing.
c: Linda Thompson, WLB Group, Fax: 881-7492
F:\OV\OVI 1 \2004\11-04-05\Reports\TC Report - J uly.doc
co
APPROVED MINUTES
PLANNING COMMISSION
REGULAR SESSION
May 4, 2004
TOWN COUNCIL CHAMBERS
11000 NORTH LA CANADA DRIVE
REGULAR SESSION AT 6:07 PM
CALL TO ORDER
ROLL CALL
PRESENT: Chair Bill Moody
Vice Chair Don Cox
Commissioner Ken Kinared
Commissioner Pete Bistany
Commissioner Robert Krenkowitz
Commissioner John Anning
ABSENT: Commissioner Don Manross
ALSO PRESENT: Werner Wolff, Vice Mayor
Bryant Nodine, AICP Planning and Zoning Administrator
Joe Andrews, Civil Attorney
Lyra Done, Budget and Bond Committee
Conny Culver, Development Review Board
Bill Adler, Board of Adjustment
CALL TO THE AUDIENCE OPENED AND CLOSED AT 6:08 PM — NO SPEAKERS
MINUTES
MOTION: Vice Chair Cox MOVED to approve the April 6, 2004 Planning and Zoning
Commission meeting minutes as written. Commissioner Krenkowitz seconded the
motion. Motion carried 6 yes, 0 no.
1. PUBLIC HEARING: OV11-04-03, LINDA POLITO, REPRESENTING THE POLITO
AND FELKER PROPERTIES REQUESTS AN AMENDMENT TO THE TOWN OF ORO
VALLEY GENERAL PLAN (1996) TO CHANGE THE LAND USE DESIGNATION FROM
RURAL LOW DENSITY RESIDENTIAL (0-0.3DU/ac) TO LOW DENSITY RESIDENTIAL
(0.6-1.2 DU/ac) FOR LOT 10 & 15 OF THE LINDA VISTA CITRUS TRACTS; LOCATED
1/8 MILE WEST FROM THE INTERSECTION OF LINDA VISTA BOULEVARD AND
EGLESTON DRIVE, ON THE NORTH AND SOUTH SIDE OF LINDA VISTA
BOULEVARD, PARCELS 225-112-360 & 224-360-13A
Applicant, Linda Polito, 75 W. Linda Vista Blvd., spoke representing her family, who are
the owners of 10 acres south of Linda Vista, and her neighbors, the Felkers, who own 10
acres north of Linda Vista. They have owned the property for a long time, and did not buy
May 4, 2004 Approved Planning & Zoning Commission Meeti" knutes 2
the property with the intention of subdividing it for a maximum number of homes in the
future. They feel it is important to ask that the General Plan be revised now to reflect the
uses that have grown up around them, and what the proper land use should be in future
years. They have no intention of rezoning in the near future. The development around
their property has been either higher density or the school. It is not likely that these two
properties will be developed with 5 acre home sites. If the land is left at a planning
designation that is not suitable, then it will stay undeveloped until such time as the
development pressures get to the point where higher density will be considered. What is
developed further down the line may not be as desirable as it should be if not planned
properly. When land is cleared for horse property, the vegetation goes away and there are
insects and odors. With the planning designation being asked for, future property owners
who ask for rezoning have to go through the rezoning process before the Commission.
They are asking for one acre parcel designation. They have no sewer on the property and
are unlikely to get sewer. Because of where her house is located, it is unlikely she would
ever put 9 other houses on it because her house would probably cover more than one
acre. She would like flexibility to plan around the wash area that crosses her property
diagonally to try to leave it in a natural condition. That might mean a different lot layout
would be envisioned in the future. One house per acre would allow for looking at the
property in terms of desert habitat, vegetation, elevation, topography and the rural nature
of the neighborhood. It is a way of insuring the property will be developed in low density,
single family residential,.
Bryant Nodine gave the Staff Report.
Mr. Nodine responded to Commissioner Kinared that Staff did not recommend
distinguishing between the two parcels. When looking at a General Plan map, you are
looking at a broad approach to designations. We look at where there are specific
differences as the rezoning process goes through, then that differentiation is developed
between the sites. However, there is nothing to stop the Commission from looking at the
two parcels and making recommendations separately.
Mr. Nodine told Commissioner Krenkowitz that the four findings are looked at overall as a
basis for consideration and approval, and then Staff judges how the proposal meets those
findings. If all four findings aren't met, there is a presumption of denial unless there is
clear proof that it provides some benefit to the community.
Attorney Andrews replied to Commissioner Krenkowitz that the language says it will be
based on the findings, it doesn't say it has to follow them precisely. Based is a broad term.
Although the proposed General Plan had a change in that language, that General Plan did
not pass. Staff based their approval on those findings of fact, and although it did not fully
meet one finding, in their opinion, it met it closely, and therefore, is based on the findings.
Attorney Andrews would not say whether or not the proposed General Plan was a
clarification of the intent of the 1996 General Plan, because that General Plan does not
say how it will come forward with the General Plan as it eventually will be proposed. If the
intent of the proposed General Plan is to clarify the standard and they are the exact same
findings, he would have no problem. If they are not the same findings, then it may not be a
clarification.
May 4, 2004 Approved Mning & Zoning Commission MeetiRl Minutes 3
Commissioner Kinared stated that this is an extremely important discussion because
almost all the agenda items tonight are General Plan amendments. Is it inappropriate to
have reference to a defeated General Plan?
Attorney Andrews said that typically in the law, you use something to clarify and help you
to get to where you want to go. It may well be a clarification to help you understand better,
but not to guide specifically. As a plan, the defeated General Plan is irrelevant, but as
language to help guide the Commission it is not irrelevant.
Attorney Andrews told Commissioner Kinared that he did not have knowledge of
everything that has come forward from the General Plan over the past. If the 4 findings
are confusing, a clarification should be requested.
Mr. Nodine told Commissioner Bistany that the intention of the applicant, unless included
in the amendment itself as a condition or as part of the motion, is simply on the record.
We check the records when a rezoning comes in to see what the discussion was, but it is
not a binding element.
Mr. Nodine responded to Vice Chair Cox's question regarding finding of fact #3 that from a
planning standpoint, in most cases it is not achievable. That is one of the reasons it has
been looked at closely in updating the Plan and why the Steering Committee took it out
with Staffs concurrence. If taken completely literally, if there is any other vacant parcel in
the Town with that same designation, almost no matter where it is, or regardless of how
good the amendment might be ultimately, it would trump all the findings. It was a block to
any consideration of any change no matter how good. The Commission should evaluate
all the findings together, otherwise if #3 is taken literally, nothing could be improved.
PUBLIC HEARING OPENED AT 6:35 PM
Helen Dankwerth, 11515 N. Flying Bird Drive, said permitting rezoning changes in this
area is very troublesome to her. This is one of two significant areas left in Oro Valley with
properties of this size. We, the Town, claim to want to provide diverse housing
opportunities. If that is truly the case, why would we want to do away with what is
essentially a very precious resource? If we continue to change, i.e. amend the General
Plan, our zoning designations essentially become meaningless. This has the effect of
causing us to question the sincerity of the Town's desire to provide diverse housing. In
this instance, as in so many others in the recent past, change in zoning would mean the
wishes of one individual takes precedent over the wishes of many. That is contrary to
everything the Town professes to stand for. Consider your vote very carefully and vote in
accordance with the wishes of the majority of the people who live in this area.
Conny Culver, 10503 N. Fairway Vista Lane, agrees with Commissioner Kinared that to
combine these two properties is an error. The northern property clearly abuts a much
higher density residential and should not be considered in the same manner as the
southern property, which doesn't abut any high density residential. Her suggestion is that
these should be considered independently from each other. A change in a General Plan
designation is the first step in rezoning. If the applicant's intent is clearly not to rezone at
this time, why take this step? We are opening a door that should not be opened until the
May 4, 2004 Approved Planning & Zoning Commission Meet/linutes 4
applicant clearly states the intention involving what will be done. This is premature. She
doesn't think it should be done. It doesn't appear the findings of fact have been met, and
we should not recommend approval for a change in designation.
Bruce Stammer, 1 E. Desert Sky Rd., #12, along with John Grady represents Desert Sky
Club on East Desert Sky Road. They feel the Linda Vista Corridor should not be allowed
to change. It would result in large losses of green space. This change could cause a
domino affect along the whole length of West Linda Vista Road. The property on the north
side of the road does affect his property, and some of the others properties it is up against.
The homeowners feel the same way. They are happy with the green space. Some of the
properties were purchased since the 1996 General Plan and the land use designation was
important in their decision to buy. It isn't fair to make this change. He read aloud a letter
from one of the homeowners. They purchased property in Desert Sky Club in 1998 after
careful consideration of surrounding properties and zoning. At the time they were told the
property behind their home was zoned for no more than 3 homes and they were satisfied
with that zoning. Shortly after moving into their home there was a discussion with Mr.
Felker and he indicated he was not planning to change the zoning to accommodate more
homes, and that he liked the green space surrounding his home.
Carl Kuehn, 9250 N. Calle Loma Linda, showed a Power Point presentation of the Felker
and Polito properties. Both properties came forward after the proposed General Plan and
there were some recommendations made. When Monte Vista was made into higher
density, there was a buffer planned. It is being proposed that the western boundary of the
buffer move further to the west. The people in Linda Vista are interested in finding out if
there is going to be a buffer zone, where is it going to be, and where the western boundary
is going to be. The sides of the lots are built out, but he applauds the Felker and Polito
applications coming forward to request a planned proposal to get this boundary on the un-
built out portions of their land. This is what came forward in the General Plan amendment.
The same application was denied. The decision by Planning and Zoning at that time was
to save the western 1/3 of the Polito property as an RLDR or R1-144 lot and give LDR1 on
the eastern side. Now is the time to make the correct decision for both lots. The eastern
portions of both lots are SRAs, as is the Dallman's lot. Building out in this area has to be
done with some sensitivity. This application deserves very careful consideration. There is
a potential compromise solution that is much more complex than just a simply yes or no.
There is no justification of redefining land use classification on the built-up western
portions. These are R1-144 lots with homes on them and plenty of room to carve out an
R1-144 lot around them. Eventually someone is going to have to have the lot that has one
acre lots to their east. The most feared thing is that this be absorbed by the applicants,
and we split it in half and conserve the R1-144 on the western 1/3 and allow LDR1 to be
built out to the east. That stops the domino effect of everybody asking for the next lot over.
We know that if you grant LDR1 across the entire lot that Mr. Dallman will be in here
tomorrow asking for his lot to be changed again. He recommends that you consider
conditional approval stipulating that LDR1 apply only to the eastern portions of the lots and
the western portions of the lots continue as R1-144.
John Lupo, 9614 N. Golden Sun Drive, is President of the Sunstone HOA, which is just
east of the Felker property. There should be a stipulation that the maximum amount of
vegetation be kept, and the access to any homes built on the property be as far away as
May 4, 2004 Approved Planning & Zoning Commission Meeti Minutes 5
possible from the wall of Sunstone to cut the traffic down between these two properties.
The homes should be single story, single family homes and no livestock housed on the
properties. It should be stipulated that the common wall that separates the property be the
applicant's responsibility to maintain. He was not totally against a reasonable change in
use. The integrity of the land should be maintained.
Sid Felker, 50 W. Linda Vista. They have owned the property since 1976 and were
actively involved in the Town incorporation effort. They have raised their family there, and
believe they have been good stewards of the land. Things have changed over the years.
In 1976 Linda Vista was a dirt road, people had horses for personal use and could ride
over to the Canyon del Oro Wash. Over the years they have consented and agreed to
development changes as appropriate, i.e. Balboa, Sandstone and Desert Sky. All three
are beautiful projects and good neighbors. Good planning makes sense and it seems
more important to know what is going to be on a piece of property rather than leave it to
chance. This is a appropriate change. He is not asking for rezoning. The General Plan
alerts people who move into that area that the property may have a different use subject to
rezoning efforts. Linda Vista Citrus Tracts needs the protection of the General Plan and
rezoning. The restrictions expired in the early 70's. Everyone that appeared has taken
advantage of the lapse of those deed restrictions by splitting their lots to some degree.
Now, there are no restrictions and no controls. We can have one horse per 30,000 square
feet, so theorically, there could be 30 horses on my property with offsprings. Horses being
used in the Linda Vista Tracts are not for personal use, but for boarding or show, and are
trailered in and out. He seldom sees a horse being ridden in the area. He thinks this is an
appropriate amendment to the General Plan to start the process where eventually this
property will be subject to some zoning restrictions, to subdivision standards and
subdivision development standards. The horses and those related uses are a much more
effective tool in clearing the desert than taking a bulldozer out there. He has spoken to his
immediate neighbors and he believes that most of them are supportive of the request. He
understood and was not necessarily opposed to Mr. Kuehn's suggestion regarding a buffer
zone built into the property. They want the flexibility in the zoning process to say they
would like more homes on the property, and where the best place is to put them. He is
concerned that CDO high school has continued to expand over the years. Two large
pieces with a home on it offers an acquisition mode to the school district. The school
district already owns a 10 acre parcel of Calle Buena Vista and they originally had it
planned for a elementary school. That has been tabled, but they will not sell the land.
This property needs protection.
Bill Adler, 10720 N. Eagle Eye Place, can say for a fact that the four findings of fact are to
be met. He was directly involved in that language. Mr. Krenkowitz raised the question
regarding the sentence granting a General Plan amendment. The sentence following that
is particularly important, "It shall be the burden of the applicant to prove that the change
meets the above listed findings." What would be the point in asking the applicant to prove
that the proposed change meets the four findings if they don't have to be met? Mr.
Nodine's interpretation applies to himself. It does not apply to the citizens who are directly
involved in those findings. When Mr. Nodine came out with his interpretation, I challenged
him, asking him to poll the members of the General Plan Advisory Committee. I know he
did, because I also did. The majority confirmed without exception that it was their intent
that the four findings of fact be met. As for Mr. Krenkowitz's point, there is no question that
May 4, 2004 Approved PlAning & Zoning Commission Meet inutes 6
the four findings is not an issue of whether they should be met, or partially met. They are
to be met. If you want to change them or revise the language, we are in the process now,
but at the moment they have to be met. As far as finding #3 is concerned, it was his point
of view that we needed to protect the integrity of the land use map. He views the General
Plan as a document that was adopted, like he views any other adopted document. So the
fact that finding #3 imposes a burden on the applicant is okay. We should not have a
document that is easy to change. At the time that this language was created and
approved there was no question that all four findings had to be met. There is not reason in
insisting the applicant meet the findings unless they have to be met.
Gerald Korte, 460 W. Linda Vista, has lived there for 35 years. He congratulated the
Planning Staff that they got the notices out regarding changes coming to the
neighborhood, cause that has not happened in the past. He noted that the Staff Report did
not include the petition turned in at the last meeting with over 80 signature by property
owners in the area and adjoining the area in opposition to it. Carl Kuehn made a
compromise offer, and some residents may entertain a compromise that looks inside of
both properties which has current owners residence be R1-144 or RLDR in the General
Plan. This would provide a true buffer to properties to the west and end creeping rezoning.
Otherwise it will keep going right on down the road. The remaining portion of both
properties, if granted a General Plan change to LDR1, would provide a buffer to their east
side. He did not have a problem with this compromise if that is done. If granted to the
whole property, he would be in opposition.
Bill Dallman, 755 W. Vistoso Highlands Drive. If you talk about appropriate sites, one of
the thoughts about appropriate, is can you buy it. If we are going to make the amendment
process undoable, do away with it so that no one ever comes forward. If we are going to
make it a real process by commending the Constitution of the United States, and if we are
going to pay attention to Growing Smarter and using property as it should be used, then it
might be a different step. His property is directly west of the Politos and we approve of
their application. He thinks that anybody who thinks that backing up to the 2,000 student
high school is rural property is wrong. His late wife and he were two of the original owners
of Desert Sky and lived at 13 E. Desert Sky. It backed up to the Tucker property. We had
a nice house on 1/6 of an acre and a very controversial rezoning. If we would have
thought that custom homes on one acre lots behind were going to be planned for then, we
would have been thrilled because we were told from day one that that land would be
developed as it should. The Commission should consider what a reasonable use for land
is and is this rural property? Rural is given as open land. The designation that people are
looking for is a rural open characteristic. To the east are 1/6 and 1/12 acre lots. We are
trying to have a graduated approach. To the west of his property are two homes on 3.6
acres, then 1.8 and one lot over is 1.97 and 1.445 and two tenths of a mile to the west are
one acre lots. He doesn't believe that rural property is a correct designation. He supports
the applications that are in front of the Commission. The voters turned down the proposed
General Plan. They don't want high density, mixed use neighborhoods, and property
taxes. They do want low density, high quality controlled growth, which is the kind of
growth proposed. He appreciates Mr. Kuehn's efforts to be a real estate broker, but he
doesn't believe the Politos have to sell to anybody. He will go forward to the Council with
his proposal. These folks deserve the same consideration. If you don't want anybody to
ever have a plan amendment, then do away with it.
May 4, 2004 Approved Panning & Zoning Commission Meeting inutes 7
PUBLIC HEARING CLOSED AT 7:05 PM
Mr. Nodine replied to Commissioner Anning that if owners of the subject properties, either
present or future, choose to remove the current vegetation in favor of horse corrals, etc., it
can't be prevented. We would look for mitigation salvage on the property. They would
need to get a grading permit, but we couldn't deny the grading permit. Odors, flies, and
things that don't respect property lines could be a reality on both of these tracts without a
whole lot of mitigation.
Commissioner Anning said that if he was in Desert Sky Club or Sunstone Estates, he
would be careful what he was wishing for, because one acre lots in this kind of location is
not unreasonable. Also, he feels that if the authors of finding #3 are proud of it, then
shame on them. He thinks it is a ridiculous finding to have to meet.
MOTION: Commissioner Anning MOVED to recommend that Town Council approve
OV11-04-03, a proposed General Plan Amendment to change the land use
designation from Rural Low Density Residential to Low Density Residential. Vice
Chair Cox seconded the motion.
Discussion: Vice Chair Cox reminded everyone that we are not doing a rezoning here, but
simply an amendment to the General Plan. The only way creeping rezoning can take
place is if the property owner comes before the Town and asks for it. People who have
property rights understand that that is a right. One action does not necessarily mean it will
happen next door.
Commissioner Krenkowitz said he thinks the motion is ill advised and unsuitable. The
Commissioner's privilege to disagree does not extend to non-compliance. The 4 findings
of fact are there and are essentially the Town law. If you don't like it, appropriate action
can be taken to have it removed. As long as it is there, it can be criticized, it can be
recommended to be removed, but it has to be complied with. The comment that suggests
the 3rd finding is insurmountable is an exaggeration. There are proper cases where clear
and convincing facts can be presented to meet the findings. It might require the applicant
do a lot more work, but why do these applications have to be rushed through? There isn't
sufficient time for the applicant to justify the application. The burden is upon the applicant,
not the Staff, to justify it and not upon the Commission to come up with other reasons why
it might be a good idea when it doesn't satisfy the requirement of what the ordinance is.
We are duty bound to comply with the ordinance and for those reasons he will vote against
the motion.
Commissioner Bistany disagreed with the motion. This is not simply a General Plan
amendment, but a precursor to rezoning. It would be the beginning of the end of Linda
Vista Citrus Tracts. There will be no buffer. We need this kind of property and it should
remain intact. We do need horse property here. If you have findings of fact, either you
follow them or don't have them.
Commissioner Kinared said there are conflicting opinions, which provide opportunity for
interpretation of the General Plan and all the components. That is the Commission's job.
May 4, 2004 Approved Planning & Zoning Commission MeetingMinutes 8
He agreed that we should proceed and he would vote in favor of the motion. However,
there is a compromise that has been offered. If he is here when the follow up zoning
comes before the Commission, he would be more inclined to pursue that alternative.
Chair Moody agreed with Mr. Kinared.
MOTION: Commissioner Kinared MOVED to amend the motion to limit the proposed
designation to the eastern half of both parcels. Motion died from lack of a second.
Commissioner Krenkowitz pointed out that if you go ahead and approve the redesignation,
then the applicant has the right at a subsequent time to rezone the property in that
designation. You can't subsequently give it to them and then take it away from them.
Motion carried, 4 yes, 2 no. Commissioners Bistany and Krenkowitz voting no.
BREAK 7:15 to 7:25 pm
2. PUBLIC HEARING: OV11-04-05, THE WLB GROUP, REPRESENTING VISTOSO
PARTNERS LLC, REQUESTS AN AMENDMENT TO THE TOWN GENERAL PLAN
(1996) TO CHANGE THE LAND USE DESIGNATION FROM NEIGHBORHOOD
COMMERCIAL (C) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) FOR THE 5.99
ACRE "PARCEL T" OF RANCHO VISTOSO NEIGHBORHOOD 10, LOCATED ON THE
NORTH SIDE OF MOORE ROAD, JUST EAST OF THE TERMINUS OF THE LA
CANADA ROAD EXTENSION, APPROXIMATELY 1,200 FEET EAST OF KING AIR
DRIVE, PARCEL NO. 219-22-4220.
Charley Hulsey, the WLB Group, 4444 E. Broadway, Tucson, represents the applicant,
Vistoso Partners. This property is on the west side of Vistoso. Future alignment to the
south would be La Canada. Surrounding this piece is almost all medium density
residential. Currently we are processing tentative plats for medium high density. It was
initially set aside as a little neighborhood commercial piece. There are about 6 acres that
are usable, but is too small for a neighborhood commercial facility, and too large for a
convenience store. We would like to see it become medium high density residential.
He told Commissioner Kinared that medium high density has to do with the lot size.
Medium density give you a 5000 square foot lot size, and this is a little below that. The lots
surrounding are medium high. Access to the parcel is through the adjoining subdivision to
the north.
In response to Vice Chair Cox's question, Mr. Hulsey said there has not been anyone
approach the property owners to use as commercial. There was some interest in
apartments, but no one wanted to do that.
He told Commissioner Krenkowitz that, in his opinion, the property did not meet #3 finding
of fact, but in Staff's opinion, it did.
Mr. Nodine presented the Staff report.
May 4, 2004 Approved Panning & Zoning Commission Meeting —Minutes 9
Mr. Nodine told Commissioner Kinared that the property is an odd size. A convenience
use would be about half the size and a standard shopping center would be about twice the
size. That doesn't mean that something could not be done. The question is, is there going
to be a demand for commercial in the area and what would fit?
PUBLIC HEARING OPENED AT 7:40 PM
Ken Barrett, 1651 W. Travel Air, does not live in Oro Valley at this time. What he would
like to see is less homes. A factor not brought up is the safety concern. The people at the
airpark are always trying to fly safely, reduce noise, and keep the people happy. That area
is right under the flight path, which gives the people something to complain about. They
are trying to do everything they can to be friendly neighbors. He does not want to see a
bunch of people under the flight path.
David Sirota, 13701 N. Piper Drive has been a commercial real estate broker for the last
23 years. He agreed with Mr. Nodine that commercial follows the rooftops. There may not
be the density now to support commercial, but it will be there. He lives in the La Cholla
Airpark and agreed with the concerns of increased density. Roughly an airport a week in
the United States gets closed. The vast majority of that is because of noise. Most of those
airports were there first, but residential encroached into the area. We want to deny that
flying isn't safe. We make it as safe as we can, but the fact that it still makes news if
something happens, indicates that it is a rarity. The increased density in that area does
not make sense.
Helen Dankwerth, 11515 N. Flying Bird Drive, is concerned about safety. She found out
recently after meeting with Chuck Sweet and Mark Langlitz, that not only were there
homes that would potentially be developed here, but also the site of the school that has
been deeded to Amphi by Vistoso Partners lies directly beneath the east -west aviation
overlay district. That corridor is used as an emergency access. If pilots cannot access the
north -south runway because of problems, the east -west one is used. You have a potential
disaster in the making if something happens. Can you imagine an elementary school
beneath that area? She would not like to be making the decision about having that school
there. What disturbed her greatly, was that neither Mr. Sweet nor Mr. Langlitz were aware
of it. She strongly suggested that before anything is done, there is further investigation.
Conny Culver, 10503 N. Fairway Vista Lane, is very concerned about taking more
commercial property out of service and putting in additional residential. This would take
out the revenue generating property and put in a very draining property. We can't afford to
do that. Sales tax revenue is going to be the life blood of Oro Valley, and we are taking it
away by taking out commercial development. She shared the concerns regarding the
airpark. There will be aircraft noise and traffic. La Cholla Park would be a beautiful,
natural jewel to have in Oro Valley. If we keep encroaching in there and creating these
problems, someone's property rights will be violated. The question is whose. She asked
the Commission to think very carefully about this. Commercial makes sense. She asked
that denial of this application be recommended and that we move forward with generating
some sales tax revenue for the citizens of Oro Valley.
Howard Richmond, 1890 W. Hawkridge, moved here about 2 Y2 years ago. He read that
May 4, 2004 ApprovedAnning & Zoning Commission Meeting Minutes 10
Oro Valley needs sales tax revenue to operate satisfactorily as a community. Because
developers says houses are a hot ticket now days, they will put as many in and sell them
as fast as they can. Developers knew full well for many years what the zoning and
planning was in this place. In his experience, it seems all too frequently that the
developers come and agree to all this, but then they have a new idea of how they can
make a few more bucks. This would be a detriment to the community. There would be
more road traffic. It would not generate the sales tax revenue. It should be kept as
commercial. Let the developer be creative in finding a satisfactory use for this property.
David Sirota responded to Chair Moody's question, that there are not many experimental
aircraft used, and they have to conform to the FFA requirements. Approximately 60% of
the airplanes are 25 years old or older.
PUBLIC HEARING CLOSED AT 7:50 PM
Mr. Hulsey rebutted the public comments. Initially the Rancho Vistoso PAD set aside a
certain amount for commercial, but that was prior to any other zoning in this area. At the
time Vistoso was zoned, none of the commercial existed at La Canada, First Avenue and
Tangerine. The corner where Walgreens and the bank are located has since been zoned
and is about 12 to 15 acres. The Safeway site is 15 acres. A typical Circle K or Giant Gas
Station goes on about 1 Y2 acres. We are trying to continue to develop medium high
density residential, which is what has been working in that area. The market is there for it,
but not for commercial on that corner. The Town has been explicit over the last few years,
that commercial corners need to be every two miles, not somewhere halfway down the
middle of the block, and that is what this piece is. It doesn't make sense in today's market.
There are portions of La Cholla Airpark that are jewels, from a designer status. Some of it
is not a jewel. He would argue that Vistoso may be the bigger jewel. Vistoso is probably
the premier, multi -use, multi -plan, master planned community in the state. It provides
housing for the lower end, entry buyer all the way up to the exclusive homes in Stone
Canyon and Honeybee Ridge. There is not another project around that does that. We are
not costing the Town any sales tax. If you don't shop there, you would come back to La
Canada and Lambert or Safeway. The sales tax doesn't leave the Town; it just goes to
another place.
In response to Commissioner Kinared's question of why that was designated early on, Mr.
Hulsey said that at the time there was no concept that the rest of the corners would go
commercial. There were no plans to annex south of Moore. Planning is not a static thing,
but moves constantly. The land uses and needs of the people change. Neighborhood
Commercial is something Safeway size that people can walk to. What you would have
here is a gas station and convenience store. Vistoso is building out at about 65%. This
site makes no sense as a commercial corner.
MOTION: Vice Chair Cox MOVED to recommend that Town Council approve OV11-
04-05, a proposed General Plan Amendment to change the land use designation
from C (Neighborhood Commercial) to Medium High Density Residential — MHDR (5
to 10 DU/ac). Commissioner Kinared seconded the motion.
Discussion: Vice Chair Cox was conflicted over this because he is a strong supporter of
May 4, 2004 Approved Planning & Zoning Commission Meeting —Minutes 11
getting commercial, sales tax generating businesses in here. He agreed with the applicant
that he doesn't know what would go on the site other than about half of what is at La
Canada and Lambert. There is a market demand for homes. He recommended taking a
hard look at the property. He doesn't think this is a commercial piece of property.
Commissioner Bistany said he agrees with Staff that a motion at this time to make the
change is premature. To close this out prior to the development of the area and require
people to travel that distance, he agreed that it is a long trip. The land is not developed yet
and he didn't see any urgency to make the change.
Commissioner Krenkowitz went back to the fact that the application does not satisfy the 3rd
finding of fact, notwithstanding that the Staff chooses to present some other kinds of
analysis. If the applicant says it doesn't meet the finding, that is the end of the question.
He was not persuaded at all that commercial is inappropriate. In the future someone may
have some creative solution as to what will go there. There was a decision made in 1996
that a convenience application would be appropriate here because it would serve the
surrounding community. Since there isn't clear and convincing evidence that this would be
a substantial benefit, and since one of the findings of fact has admittedly not been
satisfied, it would be improper to recommend that the Town Council change the
designation and he would vote against the motion.
Commissioner Anning would also vote against the motion. His principal concern was that
we don't have La Canada extended and Moore Road extended as a reality yet. He didn't
see the urgency at this juncture to bail on a commercial concept. He thought we should
get the arterial roads in and then see if someone shows up with some innovative thinking
on the property. It is a difficult property to deal with because of size, but on balance
patience is needed.
Motion failed with 4 no, and 2 yes vote. Chair Moody, Commissioners Bistany,
Krenkowitz and Anning voting no.
MOTION: Commissioner Krenkowitz MOVED that the Planning and Zoning
Commission recommend that the Town Council deny OV11-04-05, finding that the
loss of a neighborhood -servicing commercial use, as allowed by the current
designation, would represent an adverse impact to Neighborhood 10 and the
environs, and that the application doesn't satisfy all of the Four Findings of Fact
required for an amendment to the General Plan. Commissioner Bistany seconded
the motion. Motion carried 5 yes, 1 no. Vice Chair Cox voting no.
3. PUBLIC HEARING: OV11-04-06, THE WLB GROUP, REPRESENTING VISTOSO
PARTNERS LLC, REQUESTS AN AMENDMENT TO THE TOWN GENERAL PLAN
(1996) TO CHANGE THE LAND USE DESIGNATION FROM COMMERCE PARK (CP)
TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) FOR A 4.5 ACRE PORTION OF
PARCEL C OF RANCHO VISTOSO NEIGHBORHOOD 3, LOCATED AT THE END OF
N. VISTOSO VILLAGE DRIVE, EAST OF E. INNOVATION PARK DRIVE, PARCEL NO.
219-20-052K.
Charles Hulsey, the WLB Group, 4444 E. Broadway, represents the applicant, Vistoso
TOWN OF ORO VALLEY
STAFF REPORT TO PLANNING AND ZONING COMMISSION MEETING DATE: May 4, 2004
TO: PLANNING AND ZONING COMMISSION
FROM: Susana Montana, Planner II
SUBJECT: PUBLIC HEARING: OV11-04-05, THE WLB GROUP, REPRESENTING VISTOSO
PARTNERS LLC, REQUESTS AN AMENDMENT TO THE TOWN GENERAL PLAN
(1996) TO CHANGE THE LAND USE DESIGNATION FROM NEIGHBORHOOD
COMMERCIAL (C) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) FOR THE
5.99 ACRE "PARCEL T" IN RANCHO VISTOSO NEIGHBORHOOD 10, LOCATED
ON THE NORTH SIDE OF MOORE ROAD, JUST EAST OF THE TERMINUS OF THE
LA CANADA DRIVE EXTENSION AND APPROXIMATELY 1,200 FEET EAST OF
KING AIR DRIVE, PARCEL NO.219-22-4220.
BACKGROUND:
Location
The Subject Parcel is situated on the north side of Moore Road, just east of the alignment of the terminus of the La
Canada Drive extension, and approximately 1,200 feet east of King Air Drive.
Histo
The Wolfswinkel Group put forth a Rancho Vistoso "Community Plan" in 1985. That Plan, adopted by Pima
County, intended Rancho Vistoso to be a "self-sufficient master -planned community to fit carefully and
respectfully into the natural desert and mountain setting." The Plan's residential densities range from very low
density (1 unit/acre) to high density (up to 25 units/acre) and were intended to:
• site housing carefully within sensitive environmental conditions in the lower density areas, and
• in the high density areas, to accommodate multi -family housing close to shopping (an example of which is
the Splendido project on Rancho Vistoso Boulevard at Moore Road).
Of the diverse land uses that make up the Rancho Vistoso master planned community, 154 acres, or 2% of the
total, were to be in commercial/retail use. The Subject Parcel ("Site") is the western -most commercial site in the
Plan serving the Neighborhoods 10 and 11. In 1987, by Ordinance No. 157, the Town Council adopted a Planned
Area Development (PAD) for the newly annexed 7,626 acre Rancho Vistoso community. The PAD represents the
zoning regulations for the community. The PAD is divided into 13 neighborhoods, each with a variety of land uses
and density of uses.
SITE DESCRIPTION:
Subject Parcel
The Site is the 5.99 acre "Parcel T" within Rancho Vistoso Neighborhood 10. The Site is undeveloped and
features a riparian habitat (wash) along its eastern boundary. The proposed La Canada Drive extension would
terminate at Moore Road just west of the Site.
TOWN OF ORO VALLEY
STAFF REPORT TO PLANNING AND ZONING COMMISSION PAGE 2
General Area:
The Site's environs are:
• newly constructed or under construction medium density (5,000 square feet lots) suburban housing to the
east (Parcels R, Q and W);
• recently -approved, yet undeveloped medium -density suburban subdivisions to the north (Parcels X, Y and
parts of V);
• recently -proposed medium density suburban subdivisions to the north (Parcels S, U and parts of V;
• additional medium high density zoning to the north;
• one -half -acre and one -acre planned subdivisions to the south; and
• rural residential (1 to 10 acre lots) home sites further to the west.
The Site and environs are described below and can be viewed on the attached map and aerial photo.
LANDOWNER'S REQUEST:
Per the application letter (Attachment 2): The owner of this parcel is responding to market demand and wishes to
build single-family, site -built detached homes on this parcel consistent with current surrounding land uses as well
as current adjacent zoning. Presuming an approval of this requested amendment to the General Plan, the owner
wishes to process an application to change the zoning from Community Commercial, C-1 (Rancho Vistoso PAD)
to Medium High Density Residential "MHDR' (Rancho Vistoso PAD).
GENERAL PLAN CONFORMANCE:
1996 Land Use Map:
The current (1996) General Plan Land Use Map designates the Site as Neighborhood Commercial (C). The Site
environs are designated as follows (see also attached General Plan Land Use Map):
Current 1996 General Plan Designation
Location
Ad'acenf I;and:Use'Desi' atiori : ; -
Densi Allowed
Site
Neighborhood Commercial
N/A
North (RV Parcel
U)
Low Density Residential -- LDR
0.6 to 1.2 dwelling units per acre
RAC
East (Parcel s)
Low Density Residential -- LDR
0.6 to 1.2 RAC
West (Parcel V)
Low Density Residential -- LDR
0.6 to 1.2 RAC
South
Medium Density Residential -- MDR
2.1 to 5.0 RAC
Please note that the PAD zoning allows a higher density than the General Plan designation would allow.
Proposed Land Use Map:
The proposed General Plan amendment would designate the Site as Medium High Density Residential (MHDR)
which would allow 5 to 10 RAC. Should this designation be approved, the Applicant would seek to change the
Planned Area Development (zoning map) designation for the Site to Medium High Density Residential (MMR)
which would allow 6 to 8 RAC. The highest General Plan designated density in the area of the Site is immediately
TOWN OF ORO VALLEY
STAFF REPORT TO PLANNING AND ZONING COMMISSION PAGE 3
south of the site (across Moore Road) and east of the Site; both are designated on the General Plan as Medium
Density Residential (MDR), allowing 2.1 to 5 RAC. A MDR zoning designation in the Rancho Vistoso PAD
would allow 3 to 6 units per acre and a minimum lot area of 5,000 square feet (sf).
The Rancho Vistoso Community Plan and the PAD indicate the need for neighborhood -serving commercial land
uses. As noted previously the PAD provides for approximately 2% of the PAD area to be commercial.. Typical
communities have over 5% commercial. The closest shopping area for the Site's environs is at Tangerine Road
and Rancho Vistoso Boulevard, a distance of about 3 miles. The General Plan and Town of Oro Valley (TOV)
zoning map show a commercial zone at Tangerine Road and La Canada Drive; this, however, was not developed
as a neighborhood -commercial center. Rather, it was developed as the Town's U.S. Post Office.
The proposed land use designation of MHDR would reflect a higher density than is planned for the environs and
this designation would eliminate the opportunity to develop a neighborhood service center.
GENERAL PLAN FINDINGS OF FACT:
As stated in Focus 2020, "the granting of a general plan amendment will be based on the following findings of
fact". A previous interpretation clarifying the intent of this statement indicates that "all four findings should be
met", and recommendations for approval should be based on amendments that create the "greatest good to the
community".
1. "That the amendment constitutes an overall improvement to the general plan and is not solely for the
benefit of a particular landowner or owners at a particular point in time. "
Applicant's response:
"Changing this parcel from commercial to residential is more in keeping with the residential development
in the area."
Staff analysis:
The TOV General Plan reflects the goal of the 1985 Rancho Vistoso Community Plan and the 1987 PAD,
both of which sought a mixture of uses to service the "master planned community". The adopted PAD
seeks neighborhood -serving commercial uses sited in proximity to neighborhoods. The existing General
Plan designation of Neighborhood Commercial for the Site satisfies these goals.
The Site abuts Moore Road and the La Canada Drive extension; both of which would be a four -lane
thoroughfare. Typically, neighborhood commercial uses are best sited along major thoroughfares,
particularly where access can easily be provided from those streets.
Another factor against designation of the site from commercial to Medium High Density Residential is that
higher density residential uses are expected to locate close to activity centers (commercial and other public
services). With the removal of the commercial there are no activity centers nearby.
2. "That the amendment is consistent with the vision, goals, and policies of the General Plan. "
Applicant's response:
TOWN OF ORO VALLEY
STAFF REPORT TO PLANNING AND ZONING COMMISSION PAGE 4
"Revising Parcel T to a residential use meets 2 of the 3 policies for Goal 4.1 and Goal 4.2. "
Staff analysis:
A full analysis of compliance with the 1996 General Plan Policies is found as Attachment 5. Key policies
germane to this application are presented below:
Goal 4.1 seeks "To promote high quality residential neighborhoods" The proposed General Plan
amendment would allow a rezoning which would constitute an amendment to the Rancho Vistoso PAD
land use map. Any residential development within the PAD would be required to follow the development
standards and guidelines of the PAD which, in the past, has resulted in high quality residential
neighborhoods.
Goal 4.2 seeks "To ensure a jobs/housing balance within the greater Oro Valley region." This proposal
provides more housing and removes jobs (that would likely not be filled by those living in the Town). Its
affect either way is minimal.
Goal 3.1 seeks "To ensure long-term financial and economic sustainability for the Town of Oro Valley."
Policy 3.1.D. seeks "A diverse economic base is desired to reduce Oro Valley's dependence on revenues
from growth." The proposal does not meet this goal.
Policy 1.2.F seeks to "Locate higher density land uses and transportation -dependent uses near major
transportation corridors." The proposal meets this goal.
Goal 2.1: "To ensure the safe, convenient and efficient vehicular and non -motorized traffic circulation to
serve both within and through the community." Commercial on Parcel T would provide convenient goods
and services to adjacent residential subdivisions within walking distance and convenience for bicycle,
stroller, wheelchair, golf cart or other non -motorized travel.
[Note regarding school impacts: No information has been received from the school district and the school
impact policies are worded so that they are applicable at the time of rezoning review.]
3. "That the general plan land use map does not provide appropriate optional sites for the use proposed in
the amendment. "
Applicant's response:
"We do not meet the criteria set forth in the third finding of fact."
Staff analysis:
There are two other vacant sites designated for Medium High Density Residential within the Town: One
on Oracle Road has been proposed for medium density development; the other in Rancho Vistoso
Neighborhood 12 is proposed for casitas tied to the Ritz Carlton Resort. There are no other sites
designated and available for this type of development. Thus, the proposal does meet this criterion.
4. "That the amendment will not adversely impact the community as a whole, or a portion of the community
without an acceptable means of mitigating these impacts through the subsequent zoning and development
process.
TOWN OF ORO VALLEY
STAFF REPORT TO PLANNING AND ZONING COMMISSION PAGE 5
Applicant's response:
"Revising Parcel T to residential has no impact on the community as a whole."
Staff analy�iss:
As described above, there appears to be a need for neighborhood services within the environs in order to
reduce vehicle trips, for the convenience for bicyclists and pedestrians, and to facilitate the sense of
community that is provided by a community gathering place such as a convenience store. There is also a
probable loss of sales tax.
PUBLIC NOTIFICATION AND COMMENT:
As required by State statute, public notification regarding the proposed amendment was given to adjacent property
owners. At the time of report writing, staff has received two phone calls from residents living in the surrounding,
newly constructed subdivisions. They were concerned with the proposed density of MHDR and felt that the
current prevalent MDR designation would be more appropriate.
PUBLIC PRESENTATION:
Pursuant to Resolution (R) 98-31, "all presentations before Boards, Commissions and Council for rezonings,
subdivision plats, development plans and planned area developments must be formatted to be shown on the
Town's projection system or overhead system. The Planning and Zoning Administrator, however, may exempt
certain projects." A presentation must be designed to insure that the audience, staff and voting body can view
the graphics. Examples of acceptable computer formats are Power Point, Arc View, a videotape presentation,
and/or overhead transparences. The Applicant icant is responsible for the development, presentation and coordination
of all presentation materials. If an applicant does not conform to the aforementioned resolution, the item may be
continued due to non-compliance.
STAFF RECOMMENDATION:
The following is a summary of factors identified by staff:
Factors For:
Residential use would be a compatible use for the Site.
2. The proposed medium high density residential use is appropriate for the intersection of two arterial streets
and does match the zoning immediately to the north and east.
3. Meets finding number 3.
Factors A ainnst:
1. Medium Density Residential (MDR) use would be more characteristic of the "emerging" land use of the
area, rather than Medium High Density Residential (MHDR) use, which is not represented in the area.
2. At its higher density ranges MHDR is more appropriate closer to activity centers.
3. The loss of a neighborhood service center would force residents to drive to more distant shopping centers
for such goods and services, thereby diminishing local air quality and reducing the livability of a "high
TOWN OF ORO VALLEY
STAFF REPORT TO PLANNING AND ZONING COMMISSION PAGE 6
quality" neighborhood by eliminating convenience goods and services and the community identity created
by such a public gathering space.
4. Does not meet findings numbers 1, 2, or 4.
While no definitive market analysis has been provided, the distance from the area to other commercial centers and
the relatively small amount of commercial in the area indicate a need for the area to remain as commercial. Thus,
the loss of a neighborhood -commercial designation of Parcel T would represent an adverse impact to
Neighborhood 10, the environs, and the community as a whole. As a result, staff recommends denial of OV 11-04-
05.
SUGGESTED MOTIONS:
I move to recommend that Town Council deny OV11-04-05, finding that the loss of a neighborhood -serving
commercial use, as allowed by the current "C" designation, would represent an adverse impact to Neighborhood 10
and the environs.
I move to recommend that Town Council approve OV11-04-05, a proposed General Plan Amendment to change
the land use designation from C (Neighborhood Commercial) to Medium High Density Residential — MHDR (5 to
10 DU/ac) with the following conditions
OR
I move to recommend that Town Council approve OV11-04-05, a proposed General Plan Amendment to change
the land use designation from C (Neighborhood Commercial) to Medium High Density Residential — MHDR (5 to
10 DU/ac).
Attachments:
1. Location Map
2. Application Letter
3. Site and Environs Aerial Photo
4. General Plan Existing Land Use Designations Map
5. General Plan Conformance Checklist
c: Linda Thompson, WLB Group, Fax: 881-7492
F:\OV\OV 11\2004\11-04-05\Reports\PZC Report.doc
jw-
I Zoning Administrator
OV11-04-05 Attachment 5
GENERAL PLAN CONFORMANCE CHECSSHEET
See the key below.
LAND USE ELEMENT
Conformance
Goa111
Preserve Oro Valle s natural Sonoran Desert environment and scenic resourcesfwhich
Y'
N/A
r
are an important tuty' partof the commus
r. quaLty of
Policy
Promote clustering (average density) developments to protect environmentally sensitive areas.
N/A
LIB
Clustering is a development design technique that permits a reduction in lot area and bulk
requirements, provided there is no increase in the number of lots, and the remaining land area is
devoted to open space. In large -lot or multi -family developments, clustering may also be
accomplished by placing building pads close to each other as mechanisms are in place to protect
remaining open space.
Policy
Clusters should be encouraged for the preservation of significant, passive use, natural open
N/A
LIC
space within residential neighborhoods. The integration of natural open space within clustered
developments should promote openness within the housing development.
Policy
The Hillside Development Overlay Zone (HDZ) grading and development standards shall be
N/A
LID
considered at the time of rezoning and shall supersede when a conflict exists between the land
use map and the HDZ standards.
Policy
View protection shall be an essential aspect of Oro Valley's community design review and
N/A
1.1E
project approval.
Policy
Slopes 15% and greater shall be evaluated for development compatibility, safety, and
N/A
LIH
preservation as natural open space.
Policy 1.1I
Oro Valley shall encourage the use of building envelopes in master planned communities,
N/A
which encourages natural buffers between housing units. Building envelopes designate the
specific area that can be disturbed in any way during or following construction. The area
outside the building envelope must be maintained in a natural state.
Policy
Consider development impacts on natural rolling terrain and emphasize low -density
N/A
LlK
developments in these areas.
Goal 12
Promote a compatible mix ofiIand uses throughout the Oro VaIIey PIannwg Area
D
The Rancho Vistoso Land Use Plan and PAD seeks neighborhood commercial zones throughout the Plan and PAD area. This
request would remove a neighborhood -serving commercial node in an area that is relatively isolated.
Policy
Encourage the location of residential neighborhoods close to activity centers to minimize travel
T
1.2A
times.
The numerous subdivisions within the Rancho Vistoso Neighborhood 10 will rely on the Site to provide convenience goods and
services.
Policy 1.2F
Locate higher density land uses and transportation -dependent uses near major transportation
N/A
corridors.
Conformance: C = conforms; D = Doesn't Conform; NA = not applicable; U = unknown, too close to tell, etc.
F/OV11/GP Conformance Checklist Page 1
Policy
Strip commercial developments are discouraged and clustering of commercial developments at
N/A
1.2H
specific nodes or villages that are planned with strict aesthetic and design guidelines are
encouraged. Freestanding pads are discouraged, except when expressly permitted in relation to
overall gross leasable area and center design.
Goal 1.3 "
To mote use D amm�g and the shared use offacdihes #
N/A
proIomrland
�,... . ., w. _.. �...,,�..
Policy
An evaluation of the adequacy of school facilities shall be developed as a finding for all
N/A
1.31)
residential land use requests before the Planning and Zoning Commission at the time of
rezoning.
Policy
One elementary school site of at least 10 acres should be reserved within developments for
N/A
1.3E
every 500 elementary school level students forecasted to live within the development.
Policy 1.3I
Ensure safe bike/pedestrian access to school sites from open space, parks, and neighborhoods.
N/A
Goal 1:4 t
Through proper land use planning, the Town shall ensure that new; development does not ?`
C =Conforms
financially burden exMng residents
Although the Site would no longer provide convenient commercial uses for neighborhood residents, it is anticipated that
residents would travel by motor vehicle to more distant commercial nodes within Town, rather than travel out of town for these
goods and services. As such, local sales tax would not "leak" out of Town.
Policy
The long-term fiscal impacts to the Town and its taxpayers relating to proposed new
N/A
IAA
developments shall be evaluated as a criterion in deciding the approval or denial of land use
rezoning proposals.
See above rationale.
CIRCULATIONfMANSPORTATION ELEMENT
Conformance
:Goal 2 1
To ensure the`safe, convement and efficient vehicular' and non motorized traffic
N/A
circulation to"serve both within and through the community„ T
Policy
Build sidewalks, sufficient outside lane width, and provide other specific provisions for safe and
N/A
2.11)
convenient use of arterials and collectors by bicyclists and pedestrians.
Policy
Bike, vehicle and pedestrian conflicts are to be minimized through appropriate design standards.
N/A
2.1E
Goal 2.3
Design a transportation network that pr"omotesahe reduction of trafficwolumes;and
N/A
F
vehicle miles traveled
Policy
Bike paths should be constructed, where feasible, to separate bike and pedestrian traffic from
N/A
2.3B
motorized vehicles in order to provide safe access to schools and parks.
Policy
All new or reconstructed collectors and arterials should include sidewalks.
N/A
2.3C
Goal 2 4
Provide fnr the efficient means of goods/servicewhil s movement e preserving Oro Valley's
N/A
Y
neighborhoods and the Sonoran Desert environment. '
. _.. �
Policy
View protection should be an essential aspect of Oro Valley's transportation design process.
N/A
2.1D
Where possible, permanent protection of scenic vistas is to be encouraged, especially from the
Oracle Road scenic corridor. Road construction on slopes should minimize the visual imp [act
of the roadway.
Conformance: C = conforms; D = Doesn't Conform; NA = not applicable; U = unknown, too close to tell, etc.
F/OV11/GP Conformance Checklist Page 2
ECONOMIC DEVELOPMENT ELEMENT
Goa131
''Ta ensure longt term financial end economic sustainabihty for Elie Town of Oro valley
N/A
Policy 3.1F
Maintain and enhance Oro Valley's residential/resort/recreation character.
N/A
Policy
Prepare economic development impact analysis for significant development proposals.
N/A
3.111
Policy 3.1J
Employment -related uses are encouraged to provide workplaces for a growing employment
N/A
base.
Office, technical, and corporate employment facilities shall be compatible and consistent with
the scale of the surrounding area.
Campus -type employment centers that emphasize a unified architectural theme, pedestrian
orientation, inward -transportation patterns, and a natural landscaping theme are encouraged.
These employment centers do not include high-rise structures or heavy industrial uses.
Policy
Heavy industrial and outdoor commercial uses that require significant infrastructure, introduce
N/A
3.1 K
greater truck traffic, and are visually and environmentally incompatible with the Town's vision
are generally unacceptable.
Policy
Institutional uses, such as colleges or health care, are desired and will be actively pursued and
N/A
3.1L
supported when located in appropriate locations.
Policy
Specialty commercial development, similar to St. Phillips Plaza in Tucson, is encouraged in
N/A
3.1M .
appropriate locations.
HOUSING ELEMENT
Goa14' 1
To promote high quality residential neighborhoods
D
There are no Town -adopted quantitative measures to determine how much commercial space is needed to serve a residential
neighborhood the size of Neighborhood 10 and its environs. However, staff must assume that the 1985 designers and planners
of the Rancho Vistoso Plan, and the 1996 planners of the General Plan considered the size and location of a neighborhood -
serving convenience commercial center, and designated Parcel T as that center. Such a commercial center is deemed necessary
to suitably serve the residential needs of Neighborhood 10 and, thereby, ensure that it evolves into a high quality neighborhood.
Policy
Protect the integrity and aesthetic context of existing neighborhoods through the use of
N/A
4.1A
appropriate buffers.
Policy
Apartment and condominium developments should have built-in recreational facilities and other
N/A
4.1C
amenities to serve residents.
Goa14 2
To ensure a; jobs/housmg balance wrtWn ithe greater Oro Valley region
N/A
Eliminating commercial zones in a predominantly residential neighborhood would not further the Town's or Neighborhood 10's
jobs/housing balance.
Policy
Encourage the provision of a variety of housing choices matched to employees within a
N/A
4.2A
reasonable proximity of employment sites.
Conformance: C = conforms; D = Doesn't Conform; NA = not applicable; U = unknown, too close to tell, etc.
F/OV11/GP Conformance Checklist Page 3
GENERAL PLAN CONFORMANCE CHECKSHEET
PUBLIC FACILITIES AND SERVICES ELEMENT
Conformance
Goa151`
To ensure that adequate pubic facilihes and sernces are pronged whedeeded
D
Schools, parks, trails and bicycle lanes are not provided to the Site and environs.
Policy
5.1 C
In cooperation with the school districts within the Oro Valley Planning Area, define both school
service areas and associated school needs that can potentially be met through proactive
implementation at the time of development review.
U
Policy
5.11)
Ensure that municipal services and facilities are or can be provided efficiently and cost-
effectively prior to development occurring.
U
Policy
5.1E
All new developments should be evaluated to determine impacts on all Town infrastructure,
including but not limited to schools and roads. Such impacts shall be used as a criterion in
deciding the approval or denial of land use rezoning proposals.
U
PARKS, OPEN SPACE, AND RECREATION ELEMENT
Goal%61
To develop a comprehensive and connected parks; open space, and trails system#`
Policy
6.1A
Plan for the connection of open space, natural areas, parks, trails, bike paths, and recreation
areas to minimize conflicts with the environment.
U
The currently undeveloped character of the Site and Environs does not reflect these resources or their linkages.
Policy
6.1B
Encourage private dedications of land as permanent natural areas or open space.
U
The wash on the eastern boundary of the Site could be protected as a riparian habitat.
Policy
6.11)
All developments should link their recreation facilities and natural areas to the community open
space network where appropriate.
U
The currently undeveloped character of the Site and Environs does not reflect these resources or their linkages.
Policy
6.1E
Trails shall ultimately connect to public preserves and the regional trail network per the Eastern
Pima County Trails System Master Plan, where possible.
U
See above note.
Policy 6.1I
Protect existing and establish new trail access points to major washes and regional preserves.
U
See above note.
Policy 6.1J
Develop a bike paths system that is separate from the roadways and serves to interconnect
various public facilities such as schools, parks, trails, open space areas, etc.
U
See above note.
Conformance: C = conforms; D = Doesn't Conform; NA = not applicable; U = unknown, too close to tell, etc.
F/OV11/GP Conformance Checklist Page 4
Goal 6 2
ig
To protect the env�ronrnentally sensitive open space areas within the Planwng Airea,
U
n a g;
Policy
Open space preservation shall be used as a criterion in deciding the approval or denial of land
U
6.211
use rezoning proposals.
It is anticipated, yet not certain, that the riparian habitat along the Site's eastern boundary would remain undeveloped and
protected.
Policy
Encourage natural open space connection to and the expansion of Tortolita Mountain Park.
N/A
6.2C
"
Policy
Preserve and enhance open space areas that protect the visual, natural, and cultural resources of
N/A
6.2G
the community.
SAFETY ELEMENT
Goal 7 41
To promote high gaality residential ne►ghborhoods
Policy
School site planning in regards to public safety shall be developed as a required fmding for
U
4.1A
development review.
NATURAL RESOURCE CONSERVATION ELEMENT
Goal 81
To protect theFPiannng Area's natural attributes, which have been designated as a key;
i community value
Policy
Wash encroachment may be permitted where floodplains are broad and shallow in order to
U
8.1 C
permit a reasonable utilization of property, unless such encroachment impedes natural
groundwater recharge of the aquifer.
See earlier discussion.
Policy
For drainage basins designated as "balanced basins" and any future basins designated as such,
N/A
8.1E
Pima County Floodplain Management policies and regulations shall be adhered to.
Policy 8.1F Allow only floodplain-compatible uses in flood -prone areas. U
The impacts of development of Parcel T, with its riparian habitat, are unknown at this time.
Policy
Indigenous (native desert) vegetation and riparian habitats should be maintained and enhanced
U
8.1G
where possible.
It is not known how much land area of the 5 acre Parcel T would be needed to be developed, and disturbed, for a neighborhood -
serving commercial use of a minimum size to accommodate a "Mom & Pop" -type convenience store. It is not known how much
of the land area would be disturbed by a medium -high density residential development.
Policy
Identify and protect light-sensitive uses and locations, i.e. Kitt Peak, Mt. Lemon, Mt. Bigelow,
N/A
8.1 H
and the Pusch Ridge Wilderness area.
Conformance: C = conforms; D = Doesn't Conform; NA = not applicable; U = unknown, too close to tell, etc.
F/OVl 1/GP Conformance Checklist Page 5
COMMUNITY DESIGN ELEMENT
Goa191
Ta ensure that the bunt environment is aesthetically pleasing and compahble with tfie
AN-
Policy,
All development proposals should attempt to arrange buildings, massing of buildings, and/or
N/A
9.1D
arrangements of lots to preserve views from adjacent properties and streets while providing
privacy for residents.
Policy
All development proposals should show design strategies used to minimize changes to existing
U
9.1E
topography and the disturbance of existing vegetation.
Most of the Site is flat, features native desert vegetation and the eastern boundary features a riparian habitat (Wash). It is
unknown how much of the site would be disturbed by either a commercial or residential development.
Policy 9.1F
All sides of buildings may impact their surroundings and should be coherently designed and
N/A
treated.
Policy
In order to maximize integration of the built environment with the natural environment, and
N/A
9.1G
minimize distractions of the built environment, all new development proposals should
incorporate means of reducing the apparent size and bulk of buildings.
Policy 9.1I
All new development proposals should consider existing landscaping within 400 feet of the
N/A
project site to provide and maintain landscape continuity within the community.
CULTURAL AND HISTORIC RESOURCES ELEMENT
Goa1102
To preserve the umque cultural and historic resources within the Plammng Area'K
N/A
Policy
Require cultural resource surveys for all new developments where evidence of
N/A
10.2A
cultural/archaeological resources is found.
Policy
Ensure protection of cultural resources discovered during construction.
N/A
10.213
Conformance: C = conforms; D = Doesn't Conform; NA = not applicable; U = unknown, too close to tell, etc.
F/0V11/GP Conformance Checklist Page 6
APPROVED MINUTES
PLANNING COMMISSION
REGULAR SESSION
April 6, 2004
TOWN COUNCIL CHAMBERS
11000 NORTH LA CANADA DRIVE
REGULAR SESSION AT 6:00 PM
CALL TO ORDER
ROLL CALL
PRESENT: Chair Bill Moody
Vice Chair Don Cox
Commissioner Pete Bistany
Commissioner Don Manross
Commissioner Robert Krenkowitz
Commissioner John Anning
EXCUSED: Commissioner Ken Kinared
Also Present: Werner Wolff, Council Member
Mark Langlitz, Town Attorney
Bayer Vella, AICP, Senior Planner
Conny Culver, Development Review Board
Lyra Done, Budget and Bond Committee
CALL TO THE AUDIENCE Open at 6:02 P.M.
Carl Kuehn, 9250 N. Calle Loma Linda, asked the Commissioners to think about the
following, prior the meeting on April 27th concerning an application for a General Plan
update on R1-72 property. R1-72 does not exist as a land use classification in the new
proposed General Plan. In the new proposed General Plan R1-72 has been merged
with the next highest land use classification of Rural Low Density 1. It is all bulked
together, going from lowest density of R1-144, which is 3.3 acres per house. The next
highest unit is no longer R1-72, but is LDR1, which has the housing unit range 0.4 to
1.2. In other words, we are taking 2 classifications, one which currently exists in the
1996 Plan of 0.4 to 0.5 (which is R1-72) and combining it with the next highest one up.
An unintended consequence of the application is that if granted, merely by ratification of
the new General Plan, an automatic upgrade to RLD1 will occur. So the rights you are
considering in the Dallman case later this month is really talking about potentially 7
homes on 5.95 acres. This is artifact of where we are in transitioning from our current
Plan to the new Plan. This has not been an issue, but Mr. Dallman application will
make it a critical issue.
Bill Dallman, 755 West Vistoso Highlands, stated that the meeting on the 27th is for
application for 3 homes. He would be more than happy as part of the rezoning
application and plan amendment application to only have 3 homes, no guest houses, no
April 6, 2004 APPROVED Planning and Zoning Commission Meeting Minutes
off buildings and keep those restrictions for a minimum of 25 years. He wants the
neighborhood to understand that they will never have more than 3 homes.
CALL TO THE AUDIENCE Closed at 6:07 p.m.
MINUTES
MOTION: Vice Chair Cox MOVED to approve the March 2, 2004 Planning and
Zoning Commission meeting minutes as written. Commissioner Manross
seconded the motion. Motion carried 6 yes, 0 no.
1 OV11-04-03, LINDA POLITO, OWNER/APPLICANT,_REQUESTS TO INITIATE
AN AMENDMENT TO THE TOWN OF ORO VALLEY GENERAL PLAN (1996) TO
CHANGE THE LAND USE DESIGNATION FROM RURAL LOW DENSITY
RESIDENTIAL (0-0 3DU/ac) TO LOW DENSITY RESIDENTIAL (0.6-1.2 DU/ac) FOR
LOT 10 & 15 OF THE LINDA VISTA CITRUS TRACTS; LOCATED 1/8 MILE WEST
FROM THE INTERSECTION OF LINDA VISTA BOULEVARD AND EGLESTON
DRIVE, ON THE NORTH AND SOUTH SIDE OF LINDA VISTA BOULEVARD
PARCELS 225-112-360 & 224-360-13A
Mr. Vella said that an initiation is simply an opportunity for the Commission to consider
whether the proposal warrants a public hearing. He presented a slide showing the
subject property and stated there were two parcels, 10 acres apiece and said the plan
was to move from roughly one residence per 3 acres to one residence per acre.
MOTION: Vice Chair Cox MOVED to initiate OV11-04-03, request to initiate an
amendment to the 1996 Oro Valley General Plan for the Polito and Felker
Properties. Commissioner Anning seconded the motion. Motion carried 6 yes, 0
no.
2 OV11-04-05, THE WLB GROUP, REPRESENTING VISTOSO PARTNERS LLC,
REQUESTS INITIATION OF AN AMENDMENT TO THE TOWN GENERAL PLAN
(1996) TO CHANGE THE LAND USE DESIGNATION FROM NEIGHBORHOOD
COMMERCIAL (C) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDC) FOR
PARCEL T OF RANCHO VISTOSO NEIGHBORHOOD 10, A 5.99 ACRE PORTION
OF PARCEL NO. 219-22-4220, LOCATED ON THE NORTHSIDE OF MOORE ROAD,
APPROXIMATELY 1,200 FEET EAST OF KINGAIR DRIVE.
Mr. Vella stated that the site is located at about Moore Road and Kingair Drive. The
intent is to seek a change from Neighborhood Commercial to Medium High Density
Residential, responding to market demand.
Commissioner Krenkowitz was concerned that converting neighborhood commercial to
residential use did not meet Town Council's policy, that did not allow residential uses as
a lesser included use in a commercial area.
Mr. Vella said that the policy was in response to a zoning code amendment in the
Oracle Road Overlay District. The Oracle Overlay District provided that an applicant
2
April 6, 2004 APPROVED Planning and Zoning Commission Meeting Minutes
could automatically revert from commercial to residential. That provision was deleted
by the Town Council in order to retain commercial. This is a request to initiate the
merits of the case and would need to be discussed relative to the policy at a public
hearing. Initiation provides an opportunity to request more information from the
applicant. The code does specifically provide for that.
Chair Moody reminded the Commissioners that an initiation does not make a decision
regarding the land use change. It provides Staff and the developer an opportunity to
provide more information that will help in making a decision.
Commissioner Krenkowitz was bothered because the Code says the Planning and
Zoning Commission shall consider the proposed General Plan amendment and based
on its merits may order such amendments to public hearing. So the plan language
suggests that you do pay some consideration to the merits. But if it is contrary to the
policies and direction from the Town Council, then on its merits it does not go to public
hearing, because it is beyond the scope of our authority.
Attorney Langlitz was not familiar with the Town Policy saying that there shall be no
down zoning. Certainly the statutes in the code provide for General Plan amendment.
The code provision does say that based on the merits, the Commission will decide
whether to hold a public hearing. The problem is the language is faulty and inconsistent
with the State Statutes that require a public hearing in application and with general
notions of due process. It is not possible for a body to hear a matter on the merits and
then hold a public hearing. Public comment has to be taken into consideration under
the statute by the Commission. When an application comes to the Commission
everything that was submitted should be complete. Based on that, a public hearing
should be scheduled and once everything is heard, a decision should be made on the
merits.
Mr. Vella assured Commissioner Krenkowitz that the only limitation to having the public
hearing scheduled for the meeting in June to give more time than 15 days for the
posting and publication of the notice, would be the 90 day deadline.
Mr. Vella told Commissioner Anning that the approximate location of the subject
property is where La Canada Drive extended.
Vice Chair Cox said that there are several statements in our Code that are in conflict
either with other codes or with State Statutes or with an individual's property rights. He
requested that Staff make note of that particular line in the code. This also brings up
the entire question of initiation and he would like Staff to also take a look at that issue.
It may be good to have a Study Session to look at the entire process of initiation. As he
understands, Oro Valley is one of the very few towns that require an applicant to go
through this process.
Vice Chair Cox also stated that he was opposed to the delay imposed on the applicant
last time. Applicant, Staff and the neighborhood were all ready to proceed. It is
imperative that delays are avoided unless there is good reason for it.
April 6, 2004 APPROVED Planning and Zoning Commission Meeting Minutes
Commissioner Bistany asked if an extension would be beneficial to add a more credible
analysis to this application?
Mr. Vella said that Staff could address all five cases within 30 days.
MOTION: Vice Chair Cox MOVED to initiate OV11-04-05, a request to initiate an
amendment to the 1996 Oro Valley General Plan for the Rancho Vistoso
Neighborhood 10, Parcel T. Commissioner Manross seconded the motion.
AMENDMENT TO THE MOTION: Commissioner Krenkowitz MOVED to amend the
motion that the public hearing be held at the first regular meeting of the Planning
and Zoning Commission in June 2004, with the posting, publication, and
distribution of the notices required by the Code to be completed not later than
May 1, 2004. Commissioner Bistany seconded the amendment to the motion.
Discussion: Vice Chair Cox stated that he sees no reason for delay as neither Staff nor
the applicant has expressed the need for a delay. Therefore he will not support the
amendment.
Commissioner Krenkowitz said that more than 15 days notice is necessary to allow for
having a comprehensive presentation and to make sure there is very adequate notice to
the public so there is the perception that they have been given opportunity to appear
and make their comments known whether they are in favor or opposed to the
application.
Amendment to the Motion failed due to a 3 yes, 3 no vote. Commissioners
Krenkowitz, Manross and Bistany voted yes. Chair Moody, Vice Chair Cox and
Commissioner Anning voted no.
Motion carried 5 yes, 1 no. Commissioner Manross voted no.
3. OV11-04-06, THE WLB GROUP, REPRESENTING VISTOSO PARTNERS LLC,
REQUESTS INITIATION OF AN AMENDMENT TO THE TOWN GENERAL PLAN
(1996) TO CHANGE THE LAND USE DESIGNATION FROM COMMERCE PARK
(CP) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDC) FOR PARCEL C OF
RANCHO VISTOSO NEIGHBORHOOD 3, A 4.5 ACRE PORTION OF PARCEL NO.
219-20-052K, LOCATED AT THE END OF N. VISTOSO VILLAGE DRIVE, EAST OF
E. INNOVATION PARK DRIVE.
Mr. Vella said the property is near Vistoso Blvd. and Oracle. To the west is the Ventana
Medical site. To the North is a residential property that has already been approved by
Town Council. Applicants rational is that they are responding to market demand.
MOTION: Vice Chair Cox MOVED to initiate OV11-04-06, a request to initiate an
amendment to the 1996 Oro Valley General Plan for the Rancho Vistoso
Neighborhood 3, Parcel C, a portion of Parcel No. 219-20-052K. Commissioner
Manross seconded the motion. Motion carried 6 yes, 0 no..
5i
April 6, 2004 APPROVED Planning and Zoning Commission Meeting Minutes
4 OV11-04-07, THE WLB GROUP, REPRESENTING VISTOSO PARTNERS_ LLC
REQUESTS INITIATION OF AN AMENDMENT TO THE TOWN GENERAL PLAN
(1996) TO CHANGE THE LAND USE DESIGNATION FROM COMMUNITY
COMMERCIAL (C) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDC) FOR
PARCEL I OF RANCHO VISTOSO NEIGHBORHOOD 7, A 14 ACRE PORTION OF
PARCEL NO. 219-54-002E, LOCATED AT THE _NORTHWEST CORNER OF
RANCHO VISTOSO BOULEVARD AND TANGERINE ROAD.
Mr. Vella said the area the General Plan amendment is subject to, is from the large
wash to the west. The display map was incorrect, but it was noticed correctly.
Applicant wants to move toward Medium High Density Residential.
Commissioner Anning requested that when this item shows up on the Agenda that the
map will reflect what Tangerine Road profile will look like when finished, with an arial
view so we can see proximity to the southern boundary of the amendment to the
Tangerine Road Corridor.
MOTION: Vice Chair Cox MOVED to initiate OV11-04-07, a request to initiate an
amendment to the 1996 Oro Valley General Plan for the Rancho Vistoso
Neighborhood 7, Parcel I, a portion of Parcel No. 219-54-002E. Commissioner
Anning seconded the motion. Motion carried 6 yes, 0 no.
5. OV11-04-04, BIGHORN COMMERCE LLC, REQUESTS TO INITIATE AN
AMENDMENT TO THE TOWN'S GENERAL PLAN (1996) TO CHANGE THE LAND
USE DESIGNATION FROM COMMERCIAL PARK TO COMMUNITY COMMERCIAL,
LOCATED ON THE SOUTHEAST CORNER OF RAMS FIELD PASS AND ORACLE
ROAD, PARCEL 220-040-10M
Mr. Vella said that recently the Development Review Board approved a subdivision
south of the site.
MOTION: Vice Chair Cox MOVED to initiate OV11-04-04, requesting an
amendment to the 1996 Oro Valley General Plan from Commercial Park to
Community Commercial. Commissioner Bistany seconded the Motion. Motion
carried 6 yes, 0 no.
6. PLANNING AND ZONING COMMISSION RULES AND PROCEDURES:
DISCUSSION AND ACTION REGARDING FILLING VACANCIES, CONFLICTS OF
INTEREST, PLACEMENT OF ITEMS ON THE AGENDA, AND THE ORDER OF
BUSINESS
Mr. Vella said that he is unfamiliar with this item and suggested that since
Commissioner Krenkowitz has been working on the draft that he review the Rules and
Procedures.
Attorney Langlitz assured Chair Moody that he will be reviewing the draft presented.
April 6, 2004 APPROVED Planning and Zoning Commission Meeting Minutes
Vice Chair Cox commended Commissioner Krenkowitz for the effort put into preparing
the draft of the Rules and Procedures.
Commissioner Bistany emailed a concern to Commissioner Krenkowitz regarding Site
Tours. If less than 4 Commissioners attend a tour, the others are to do the tour on their
own. If more than 3 took the tour at any one time thereafter, there would be a quorum.
There should be language that there should be no more than 3 Commissioners on an
individual site tour at any one time.
Vice Chair Cox also emailed comments and concerns, and requested the list be mailed
to all Commissioners.
Commissioner Krenkowitz explained that the draft presented to the Commissioners was
based upon 19 different documents that he was able to gather, including the Rules and
Procedures that the Town Council follows. He contacted other communities including
Scottsdale and Gilbert. The Department of Commerce also provided literature and
planning materials. The draft seeks to remove Robert's Rules of Procedure as being
the governing rule, because they are inappropriate for a small group such as the
Commission. The Modern Rules of Order are more appropriate and easy to understand
and apply.
The literature obtained suggested first explaining what is expected of a Commission.
The operating rules should state what the organization's purpose is. Then it should set
forth the expectations of the Commissioners. The order of business is very detailed and
the intent is to have this available to the public so they would know what the
Commission does, what they can do and how it is handled. The goal is to set up a
process that will provide due process to anyone who comes before the Commission.
Due process being that they have notice, an opportunity to be heard, and they are all
treated on an equal basis procedurally.
Other items covered by Commissioner Krenkowitz were conflict of interest and Ex Parte
contacts.
The Commissioners brought up and there was discussion on the following concerns:
• Sec. 2.11 E (page 18) Conflict of interest, what is the appeal process?
• Sec. 2.7Ea (page 10) Continuances and Withdrawals, does this impact the 90
days on submittals?
• Sec. 1.1 D (page 1) Language "perceived as rational", how is this determined?
• Sec. 2.9E,d,iii (page 13) The last sentence is ambiguous.
• Sec. 1.2E (page 2) Should have a time frame.
• Sec. 1.21-1 (page 3) Language "biased viewpoint" is very subjective.
• Sec. 1.3D (page 4) Include language urging Commissioners to contact Staff if
more information is needed or something is unclear.
• Sec. 2.5 (page 8) Site inspections attendance should count the same as regular
meetings.
Col
April 6, 2004 APPROVED Planning and Zoning Commission Meeting Minutes
• Sec. 2.6D (page 9) Should need at least 2 or more Commissioners to propose
changes to the zoning code.
• Sec. 2.6E (page 9) Language to say one Commissioner with the Chair as a
second.
• Sec. 2.9E,d,i,8 (page 13) Add "unless solicited by the Commission" at the end of
the sentence.
• Sec. 2.11 B and D (page 18) Do these say the same thing?
• Sec. 5.3 (page 20) Would like there to be a charge for copies.
• Sec. 2.8B,iv,3 (page 14) A tie vote should be forwarded to the Council as a tie
vote rather than an automatic denial, or reasoning behind each side's decision
should be presented.
Commissioner Krenkowitz also pointed out that when a motion is made it should be
articulated with the reasoning behind the motion.
MOTION: Chair Moody MOVED that Item #6, Planning and Zoning Commission
Rules and Procedures discussion and action, be continued to the next Planning
and Zoning Commission meeting. Commissioner Bistany seconded the motion.
Motion carried 6 yes, 0 no.
PLANNING UPDATE
ADJOURN REGULAR SESSION
MOTION: Vice Chair Cox MOVED to adjourned the Planning and Zoning
Commission meeting. Commissioner Bistany seconded the motion. Motion
carried 6 yes, 0 no.
Meeting adjourned at 7:20 p.m.
Respectfully submitted,
/,n- -
Diane Chapman, Recordi g Secretary
VA
TOWN OF ORO VALLEY
STAFF REPORT TO PLANNING & ZONING COMMISSION MEETING DATE: April 6, 2004
TO: PLANNING AND ZONING COMMISSION
FROM: Susana Montana, Planner II
SUBJECT: OV11-04-05, THE WLB GROUP, REPRESENTING VISTOSO PARTNERS LLC,
REQUESTS INITIATION OF AN AMENDMENT TO THE TOWN GENERAL PLAN
(1996) TO CHANGE THE LAND USE DESIGNATION FROM NEIGHBORHOOD
COMMERCIAL (C) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDC) FOR A
5.99 ACRE PORTION OF PARCEL T OF RANCHO VISTOSO NEIGHBORHOOD 101
LOCATED ON THE NORTHSIDE OF MOORE ROAD, APPROXIMATELY 1,200
FEET EAST OF KING AIR DRIVE, PARCEL NO.219-22-4220.
BACKGROUND:
The subject parcel is 5.99 acres in size and the zoning is Community Commercial (C) within the Rancho
Vistoso Planned Area Development (RV PAD). The site is relatively flat and undeveloped. The surrounding
properties are undeveloped and zoned as follows:
North and East: RV PAD, Medium High Density Residential (MHDR) allowing 6 to 8 dwelling units per
acre (6 to 8 RAC);
West: RV PAD, Medium Density Residential (MDR) allowing 3 to 6 RAC; and
South: R1-20 Single -Family Residential ( 2 RAC).
The current General Plan designation for the subject property is Neighborhood Commercial (C). The 2003
proposed General Plan Update showed the property as Neighborhood Commercial/Office with a "back up"
designation of Medium Density Residential.
LANDOWNER'S REQUEST:
The reason stated for the landowner's request to change the General Plan designation of the property from
Neighborhood Commercial to Medium High Density Residential is: "The owner of this parcel is responding to
market demand and wishes to build single-family, site -built detached homes on this parcel." (please see attached
application letter).
RECOMMENDATION:
It is recommended that the Planning and Zoning Commission initiate the proposed amendment to the 1996 General
Plan. Staff will evaluate the amendment and prepare the necessary background information for the Planning and
Zoning Commission meeting on May 4, 2004.
SUGGESTED MOTIONS:
The Planning & Zoning Commission may wish to consider one of the following motions:
I move to initiate OV11-04-05, a request to initiate an amendment to the 1996 Oro Valley General Plan for the
Rancho Vistoso Neighborhood 10, Parcel T.
OR
TOWN OF ORO VALLEY
STAFF REPORT TO PLANNING & ZONING COMMISSION, OV11-04-05 Page 2
I move to deny OV11-04-05, a request to initiate an amendment to the 1996 Oro Valley General Plan for
Rancho Vistoso Neighborhood 10, Parcel T.
Attachments:
1. Location Map
2. Applicant's Request Letter
Planni ning Administrator
C: Linda Thompson, WLB Group, Fax: 881-7492
FAWOV11\2004\11-04-05\Reports\PZC initiation rpt.doc
n
AFFIDAVIT ArPUBLICATION
STATE OF ARIZONA)
COUNTY OF PIMA )
being first
duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager
of THE DAILY TERRITORIAL, a daily newspaper printed and published in the
County of Pima, State of Arizona, and of general circulation in the City of Tuc-
son,
County of Pima, State of Arizona and elsewhere, and the hereto attached
k)I1-04--05
was printed and published correctly in the regular and entire issue of said THE
DAILY TERRITORIAL for issues; that was first made
on the
day of
and the last publication thereof was made on the
20
was made on each of the following dates, to -wit:
Request of
20
day of
that said publication
Daily Territorial
By
Subscribed and sworn to before me this day of
20 L"
'zK sz� JAMIE C. (+�ZACIAS
Notary Publid - ArizQrla
°r My Commission E fires
i Notary Pu is r tIne A�j .1i'Wa2Nlte Arizona
My Commission Expires: is
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY
TOWN COUNCIL
In accordance with ARS 9-462 and Sec-
tion 3-005 of the Oro Valley Zoning
Code Revised, NOTICE OF A PUBLIC
HEARING FOR A PROPOSED GEN-
ERAL PLAN AMENDMENT BEFORE
THE ORO VALLEY TOWN COUNCIL IS
HEREBY GIVEN:
TIME: at or after 7:00 p. m. on
WEDNESDAY, June 16, 2004
PLACE: Oro Valley Town Hall,
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING: RESO-
LUTION (R) 04- ,OV11-04-05, THE
WLB GROUP, REPRESENTING VIS-
TOSO PARTNERS LLC, REQUESTS
AN AMENDMENT TO THE TOWN
GENERAL PLAN (1996) _TO CHANGE
THE LAND USE DESIGNATION FROM
NEIGHBORHOOD COMMERCIAL (C)
TO MEDIUM HIGH DENSITY RESI-
DENTIAL (MHDC) FOR THE 5.99
ACRE "PARCEL T OF RANCHO VIS-
TOSO NEIGHBORHOOD 10, LOCAT-
ED ON THE NORTH SIDE OF MOORE
ROAD, EAST OF THE PROPOSED LA
CANADA ROAD EXTENSION AND AP-
PROXIMATELY 1,200 FEET EAST OF
KING AIR DRIVE, PARCEL NO. 219-
22-4220.
The subject parcel is 5.99 acres in size
and the zoning is Community Commer-
cial (C) within the Rancho Vistoso Plan-
ned Area Development (RV PAD).
Members of the public are invited to at-
tend this meeting and will be given an
opportunity to speak An agenda for the
meeting will be made available 24 hours
prior to meeting time. Should you have
any questions regarding this matter,
please contact Susana Montana, Plan-
ner 11, at 229-4814 or smontana@oro-
valley.net.
Pub: The Daily Territorial
May 18, 2004
Req: Town of Oro Valley
hrov11.04-05 ap
The Daily Territorial
PAGE 21
Pub: The Daily Territorial
May 18, 25, 2004
June 1, 8, 2004
Req: Attorney General
hrtarin ap
NOTICE OF ADOPTION
IN THE SUPERIOR COURT OF THE
STATE OF ARIZONA IN AND, FOR
COUNTY OF PIMA
JUVENILE DIVISION
In re the Adoption of JOSHUA K.
SIRAVO, d.o.b. 09/03/92 A Minor. No. 8-
NOTICE OF ADOPTION TO
POTENTIAL FATHER
Notice is hereby given to ENIS
CHERAMIE, JR. as follows: You have
been identified by BEVERLY J.
JOHNSON, that you are the father of
JOSHUA K SIRAVO, who was bom
September 3, 1992 in New Orleans,
Louisiana.
You are informed of the following:
1. BEVERLY J. JOHNSON plans to
place the child for adoption.
2. Under Arizona Revised Statutes §8-
106 and 8-107, you have the right to
consent or to withhold consent to the
adoption.
3. Your written consent to the adoption
is irrevocable once you give it:
4. If you withhold consent to the
adoption,you must initiate paternity
proceedinc under Title 25, chapter 6,
Article 1, of the Arizona Revised
Statutes, and to serve the mother within
thirty (30) days of completion of the
service of this notice.
5. You have an obligation to proceed to
judgment in the paternity action.
6. You have the right to seek custody of
the child.
7. If you are established as the child's
father, you must begin to provide
financial support for the child.
8. If you do not file a Paternity action
pursuant to Title 25, Chapter 6, Article 1
and do not serve the mother within thirty
(30) days of completion of the service of
this notice and pursue the action to
judgment, you cannot bring or maintain
any action to assert any Interest in the
child.
9. The Indian child welfare act may
supersede the Arizona Revised Statutes
regarding adoption and paternity.
10. You may wish to consult with an
attorney to assist you in responding to
this notice.
DATED this 12th day of May, 2004.
/s/ BEVERLY J. JOHNSON 7995 N.
Iron Ridge Dr. Tucson, AZ 85743
CURTIS & CUNNINGHAM Attorneys at
Law By: /s/ MARJORIE FISHER
CUNNINGHAM Attorney for the
Birthmother .
THIS IS A LEGAL NOTICE: IF YOU DO
NOT UNDERSTAND THE MEANING
OF THIS NOTICE, YOU SHOULD
IMMEDIATELY CONTACT AN
ATTORNEY. YOUR RIGHT TO
PARENT YOUR CHILD WILL BE LOST
IF YOU DO NOT ACT TO ESTABLISH
YOUR PATERNITY WITHIN THIRTY
(30) DAYS. NO FURTHER NOTICE
WILL BE GIVEN.
Pub: The Daily Territorial
May 18, 25, Z004
June 1, 8, 2004
Req: Curds & Cunningham
hrsiravo Jw
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY
TOWN COUNCIL
In accordance with ARS 9462 and
Section 3-005 of the Oro Valley Zoning
Code Revised, NOTICE OF A PUBLIC
HEARING - FOR A PROPOSED
GENERAL PLAN AMENDMENT
BEFORE THE ORO VALLEY TOWN
COUNCIL IS HEREBY GIVEN:
TIME: at or after 7:00 p. M. on
WEDNESDAY, June 16, 2004
PLACE: Oro Valley Town Hall,
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING:
RESOLUTION (R) 04- OV11-04-07,
THE WLB GROUP, REPRESENTING
VISTOSO PARTNERS LLC,
REQUESTS AN AMENDMENT TO THE
TOWN GENERAL PLAN (1996) TO
CHANGE THE LAND USE
DESIGNATION FROM COMMUNITY
COMMERCIAL (C) TO MEDIUM HIGH
DENSITY RESIDENTIAL (MHDC) FOR
4 14 ACRE PORTION OF PARCEL I OF
RANCHO VISTOSO NEIGHBORHOOD
r, LOCATED AT THE NORTHWEST
CORNER OF RANCHO VISTOSO
BOULEVARD AND TANGERINE ROAD,
PARCEL NO. 219-54-002E.
The subject parcel is approximately 14
acres in size and the zoning is
Community Commercial (C-1) within the
Rancho Vistoso (Planned Area
Development (RV PAD), except for
areas within a wash that are designated
as Open Space (OS).
Members of the public are Invited to
attend this meeting and will be given an
opportunity to speak. An agenda for the
meeting will be made available 24 hours
prior to meeting time. Should you have
any questions regarding this matter,
Please contact Susana Montana,
Planner II, at 2294814 or
smontana@orovalley.net.
Pub: The Daily Territorial
May 10, 2004
Req: Town of Oro Valley
hrov11-04-07 ap
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY
TOWN COUNCIL
In accordance with ARS 9462 and
Section 3-005 of the Oro Valley Zoning
Code Revised, NOTICE OF A PUBLIC
HEARING FOR A PROPOSED
GENERAL PLAN AMENDMENT
BEFORE THE ORO VALLEY TOWN
COUNCIL IS HEREBY GIVEN:
TIME: at or after 7:00 p. m., on
WEDNESDAY, June 16, 2004
PLACE: Oro Valley Town Hall,
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona -
SUBJECT: PUBLIC HEARING:
RESOLUTION (R) 04- , OV11-04-06,
THE WLB GROUP, REPRESENTING
VISTOSO PARTNERS LLC,
REQUESTS AN AMENDMENT TO THE
TOWN GENERAL PLAN (1996) To
CHANGE THE LAND USE
DESIGNATION FROM COMMERCE
PARK (CP) TO MEDIUM HIGH
DENSITY RESIDENTIAL (MHDC) FOR
A 4.5 ACRE PORTION OF PARCEL C-
OF RANCHO VISTOSO
NEIGHBORHOOD 3, LOCATED AT
THE END OF N. VISTOSO VILLAGE
DRIVE, EAST OF E. INNOVATION
PARK DRIVE, PARCEL NO. 219-20-
052K.
The subject parcel is approximately 4.5
acres in size and the zoning is Campus
Park Industrial (CPI) within the Rancho
Vistoso (Planned Area Development (RV
PAD).
Members of the public are invited to
attend this meeting and will be given an
opportunity to speak. An agenda for the
meeting will be made available 24 hours
prior to meeting time. Should you have
any questions regarding this matter,
please contact Susana Montana,
Planner II, at 2294814 or
smontana@orovalley.net.
Pub: The Daily Territorial
May 18, 2004
Req: Town of Oro Valley
hrov11-04-06ap
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY
TOWN COUNCIL
In accordance with ARS 9462- and
Section 3.005 of the Oro Valley Zoning
Code Revised, NOTICE OF A PUBLIC
HEARING FOR A PROPOSED
GENERAL PLAN AMENDMENT
BEFORE THE ORO VALLEY TOWN
COUNCIL IS HEREBY GIVEN:
TIME: at or after 7:00 p. m. on
WEDNESDAY, June 16, 2004,
PLACE: Oro Valley Town Hall,
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING:
RESOLUTION (R) 04- OVl1-04-05,
THE WLB GROUP, REPRESENTING
VISTOSO PARTNERS LLC,
REQUESTS AN AMENDMENT TO THE
TOWN GENERAL PLAN (1996) TO
CHANGE THE LAND USE
DESIGNATION FROM
NEIGHBORHOOD COMMERCIAL (C)
TO MEDIUM HIGH DENSITY
RESIDENTIAL (MHDC) FOR THE 5.99
ACRE "PARCEL T" OF RANCHO
VISTOSO NEIGHBORHOOD 10,
LOCATED ON THE NORTH SIDE OF
MOORE ROAD, EAST OF THE
PROPOSED LA CANADA ROAD
EXTENSION AND APPROXIMATELY
1.200 FEET EAST OF KING AIR
DRIVE, PARCEL NO. 219-224220,
The subject parcel is 5.99 acres in size
and the zoning is Community
Commercial (C) within the Rancho
Vistoso Planned Area Development (RV
PAD).
Members of the public are invited to
attend this meeting and will be given an
opportunity to speak. An agenda for the
meeting will be made available 24 hours
prior to meeting time. Should you have
any questions .regarding this matter,
please contact Susana Montana,
Planner II, at 229-4814 or
smontana@orovalley.net.
Pub: The Daily Territorial
May 18, 2004
Req: Town of Oro Valley
hrov11-04-05 ap
NOTICE OF HEARING
IN THE SUPERIOR COURT OF THE
STATE OF ARIZO14A IN AND FOR
THE COUNTY OF PIMA
In the Matter of the Guardianship of.
ARMANDO BRAVO d.o.b. 6120/88 NO.
GC 20040304 NOTICE OF HEARING
ON PETITION FOR APPOINTMENT OF
GUARDIAN
NOTICE IS HEREBY GIVEN that a
Petition ("the Petition') for Appointment
of ANNETTI MORGAN as Guardian of a
Minor has been filed with the above -
referenced Court.
A hearing has been set to consider the
Petition on the 15th day of June, 2004,
at the hour of 10:30 am. before the
Probate Commissioner of this Court at
110 W. Congress St. Tucson, Arizona
85701 In a Courtroom to be assigned.
An objection to the Petition may be
made either by filing a written response
with the Court at least five (5) days prior
to said hearing date or by appearing in
person or through an attorney at the time
and place set forth herein.
YOU ARE RESPONSIBLE FOR
PROTECTING YOUR INTERESTS.
This matter may not be independently
investigated or verified by the court. If
You object to any part of the petition, you
must file a written objection with the
court describing the legal basis for your
objection. Failure to file a written
objection may jeopardize your interests.
Without your written objection, you
should expect that the requested relief
will be granted. If you question any other
action of the fiduciary, file an appropriate
written petition or motion with the court.
This is a legal matter. If you have
questions, seek legal advise from an
attorney. You have the right to represent
yourself. If you represent yourself you
must correctly follow court procedures.
PIMA COUNTY SUPERIOR COURT
CASE RE: BRAVO
DATED this 29 day of March, 2004.
PHILLIP H. LARRIVA, P.C.
By: Is/ Phillip H. Larriva, P. C. Attorney
for Minor
FILED PATRICIA A. NOLAND CLERK
SUPERIOR COURT 2004 APR 29 AM
9:20 BY: N. Quijada, Deputy
PUBLISH: The Daily Territorial
May 18, 25, 2004
June 1, 2004
hrbravo jw
"ANNEXATION"
PUBLIC HEARING NOTICE
The Town Council of the Town of
Marana will hold a public hearing on
June 1, 2004, at or after 7:00 p.m., in the
Mayor and Council Chambers, Town
Hall, 13251 N. Lon Adams Road,
Marana, Arizona, to consider the
following:
South Neighbors Annexation: PUBLIC
NOTICE IS HEREBY GIVEN that
consideration will be given to the
annexation of approximately 28 acres in
portions of Section 29, in Township 11
South, Range 13 East, Gila & Salt River
Meridian, Pima County, Arizona.
fl �
For a legal description and other
information regarding this matter, call
Dick Greer with the Town of Marana at
(520)682-3401.
Pub: The Daily Territorial
May 18, 2004
Req: Town of Marana
hr6.1.04 ap
NOTICE OF HEARING
IN THE SUPERIOR COURT OF THE
STATE OF ARIZONA IN AND FOR
THE COUNTY OF PIMA
In the Matter of the Conservatorship of.
Yolanda Bejarano Galvan DOB:
2/20/1943 A Person In Need Of
Protection. NO. G21287 NOTICE OF
HEARING
The Petition for Release of Funds will be
heard before this court on June loth,
2004. at 10:00 o'clock a.m. at the Pima
County Court, 110 W. Congress,
Tucson, Arizona 85701.
Dated 5/10/04, Is/ Robert B. Fleming
Petitioner
You are responsible to protect your own
interests
This matter may not be independently
investigated or verified by the court. If
you object to any part of the petition, you
must file a written objection with the
court describing the legal basis for your
objection. Failure to file a written
Objection may jeopardize your interests.
Without your written objection, you
should expect that the requested -relief
will be granted. If you question any other
action of the fiduciary, file an appropriate
written petition or motion with the Court.
This is a legal matter. If you have
questions seek legal advice from an
attorney. You have the right to represent
yourself. If you represent yourself you
must correctly follow court procedures.
COPY MAY 12 2004 PATRICIA A.
NOLAND CLERK, SUPERIOR COURT
Pub: The Daily Territorial
May 18, 19, 20, 2004
Req: Fleming & Curti, PLC
hrgalvan jw
NOTICE OF INITIAL HEARING
IN THE SUPERIOR COURT OF THE
STATE OF ARIZONA IN AND FOR -
THE COUNTY OF PIMA
JUVENILE DIVISION
In the Matter of: Eddings, Shandy
(DOB: 3/22/87) Case NO.: 15910800
NOTICE OF INITIAL HEARING ON
DEPENDENCY PETITION Hon.
Suzanna S.Cuneo
TO: Joseph De Larl Eddings Address
Unknown
1. JOHN C. GILMORE, JR. , Esq., has
filed a verified Dependency Petition
pursuant to A.R.S. §8-841, et seq.,
alleging the above -named child to be
dependent within the meaning of ARS §
8-201, et seq. '
2. The Court has set a Published Initial
Hearing as to thefather for the 17th day
of June, 2004, at 9:00 a.m., before the
Honorable Suzanne S. Cunco of the
Pima County Superior Court, 2225 E.
Ajo Way, Tucson, Arizona, 85713,
telephone (520) 740-2000.
3. You are hereby advised that your
failure to personally appear in court
without good cause shown may result in
a finding that you have waived your legal
rights and have admitted the allegations
in the petition. In addition, if you fail to
personally appear in court without good
cause shown, the hearings may go
forward in your absence and may result
in an adjudication of dependency,
termination of your parental rights or the
establishment of a permanent
guardianship based upon the record and
the evidence presented to the Court.
4. You are entitled to have legal counsel
represent you in this matter. You may
hire your own attorney, or if you cannot
afford and want to be represented by an
attorney, one may be appointed by the
Court.
5. If you are receiving this notice by
publication, you may obtain a copy of the
Dependency Petition and Temporary
Orders by submitting a written request
to: John C. Gilmore, Jr., Esq., 3125 E.
2nd Street, Tucson, Arizona 85716.
6. A request for reasonable
accommodation for persons with
disabilities must be made to the court by
parties at least three (3) working days in
advance of a scheduled court
proceeding and can be made by calling
(520)740-2000,
DATED this day of APR 28, 2004.
PATRICIA A. NOLAND, Clerk
Gay, Shirley
From:
Sent:
To:
Subject:
Received, thank you.
Legals at the Daily Territorial [legals@azbiz.com]
Friday, May 14, 2004 2:15 PM
Gay, Shirley
RE: OV11-04-05, OV11-04-06, OV11-04-07
Amanda Pesqueira
The Daily Territorial
3280 E. Hemisphere Loop, Suite 180
Tucson, Arizona 85706
520-294-1200
>----------
> From: Gay, Shirley
> Posted At: Friday, May 14, 2004 2:15 PM
> Conversation: OV11-04-05, OV11-04-06, OV11-04-07
> Subject: OV11-04-05, OV11-04-06, OV11-04-07
> <<File: TC.Notice 6-16-04.doc>><<File: TC.Notice 6-16-04.doc>><<File:
> TC.Notice 6-16-04.doc>> 1/8 page ad please for one day Tuesday the
> 18th. Confirmation please. Thanks Shirley
This E-mail has been scanned by McAfee WebShield and is delivered to you virus free.
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--Town of Oro Valley Information Technology Division
1
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY TOWN COUNCIL
In accordance with ARS 9-462 and Section 3-005 of the Oro Valley Zoning Code Revised, NOTICE OF
A PUBLIC HEARING FOR A PROPOSED GENERAL PLAN AMENDMENT BEFORE THE ORO
VALLEY TOWN COUNCIL IS HEREBY GIVEN:
TIME: at or after 7:00 p. m. on WEDNESDAY, June 16, 2004
PLACE: Oro Valley Town Hall, Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING: RESOLUTION (R) 04- ,OV11-04-05, THE WLB
GROUP, REPRESENTING VISTOSO PARTNERS LLC, REQUESTS AN
AMENDMENT TO THE TOWN GENERAL PLAN (1996) TO CHANGE
THE LAND USE DESIGNATION FROM NEIGHBORHOOD
COMMERCIAL (C) TO MEDIUM HIGH DENSITY RESIDENTIAL
(MHDC) FOR THE 5.99 ACRE "PARCEL T" OF RANCHO VISTOSO
NEIGHBORHOOD 10, LOCATED ON THE NORTH SIDE OF MOORE
ROAD EAST OF THE PROPOSED LA CANADA ROAD EXTENSION
AND APPROXIMATELY 1,200 FEET EAST OF KING AIR DRIVE
PARCEL NO.219-22-4220.
The subject parcel is 5.99 acres in size and the zoning is Community Commercial
(C) within the Rancho Vistoso Planned Area Development (RV PAD).
Members of the public are invited to attend this meeting and will be given an opportunity to speak. An
agenda for the meeting will be made available 24 hours prior to meeting time. Should you have any
questions regarding this matter, please contact Susana Montana, Planner II, at 229-4814 or
smontana@orovalley.net.
Bayer Vella, AICP
Senior Plarmer
F:\OV\OV11\2004\11-04-05\Notice\TC.Notice 6-16-04.doc
Posted: 5-14-04
Time: 2:30 p.m.
By: sg
F:\OV\OV11\2004\11-04-05\Notice\TC.Notice 6-16-04.doc
w
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION
In accordance with ARS 9-462 and Section 3-005 of the Oro Valley Zoning Code Revised, NOTICE OF
A PUBLIC HEARING FOR A PROPOSED GENERAL PLAN AMENDMENT BEFORE THE ORO
VALLEY PLANNING AND ZONING COMMISSION IS HEREBY GIVEN:
TIME: at or after 6:00 p. m. on TUESDAY, May 4, 2004
PLACE: Oro Valley Town Hall, Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING: OV11-04-05, THE WLB GROUP, REPRESENTING
VISTOSO PARTNERS LLC, REQUESTS AN AMENDMENT TO THE
TOWN GENERAL PLAN (1996) TO CHANGE THE LAND USE
DESIGNATION FROM NEIGHBORHOOD COMMERCIAL (C) TO
MEDIUM HIGH DENSITY RESIDENTIAL (MHDC) FOR A 5.99 ACRE
PORTION OF PARCEL T OF RANCHO VISTOSO NEIGHBORHOOD 10
LOCATED ON THE NORTH SIDE OF MOORE ROAD
APPROXIMATELY 1,200 FEET EAST OF KING AIR DRIVE, PARCEL
NO.219-22-4220.
The subject parcel is 5.99 acres in size and the zoning is Community Commercial
(C) within the Rancho Vistoso Planned Area Development (RV PAD).
Members of the public are invited to attend this meeting and will be given an opportunity to speak. An
agenda for the meeting will be made available 24 hours prior to meeting time. Should you have any
questions regarding this matter, please contact Susana Montana, Planner II, at 229-4814 or
smontana@orovalley.net.
.^ - vzj�
Bayer Vella, Akl?
Senior Planner
F:\OV\OV 11\2004\11-04-05\Notice\PZ.Notice 5-4-04.doc
Posted: 4-14-04
Time: 1:39 p.m.
By: sg
F:\OV\OV11\2004\11-04-05\Notice\PZ.Notice 5-4-04.doc
AFFIDAVITf PUBLICATION
STATE OF ARIZONA)
:ss.
COUNTY OF PIMA)
being first
duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager
of THE DAILY TERRITORIAL, a daily newspaper printed and published in the
County of Pima, State of Arizona, and of general circulation in the City of Tuc-
son,
County of Pima, State of Arizona and elsewhere, and the hereto attached
was printed and published correctly in the regular and entire issue of said THE
DAILYTERRITORIAIL for issues;;tbat was first made
on the
day of
and the Last publication thereof was. made on the
20
was made on each of the following dates, to -wit:
Request of
20
day of
that said publication
Daily Territorial
By
Subscribed and sworn to before me this day of
20
OFFIC AL EAL
�RQBB'ES J
RR4LIG " AR.I
PIMA C0 TY
My Corn Ex irpsv. 1. 20 4
Notary, ` �ciand fo the oun{v o ma<tat of Arizona
My Commission Expires:
II .0 �
•NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY
PLANNING AND ZONING
COMMISSION
In accordance with ARS 9462 and Sec-
tion 3-005 of the Oro Valley Zoning
Code Revised, NOTICE OF A PUBLIC
HEARING FOR A PROPOSED GEN-
ERAL PLAN AMENDMENT BEFORE
THE ORO VALLEY PLANNING AND
ZONING COMMISSION IS HEREBY
GIVEN:
TIME: at or after 6:00 p. m. on
TUESDAY, May 4, 2004
PLACE: Oro Valley Town Hall,
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT., PUBLIC HEARING: OV11-
04-05, THE WLB GROUP, REPRE-
SENTING VISTOSO PARTNERS LLC,
REQUESTS AN AMENDMENT TO THE
TOWN GENERAL PLAN (1996) _TO
CHANGE THE LAND USE DESIGNA-
TION FROM NEIGHBORHOOD COM-
MERCIAL (C) TO MEDIUM HIGH DEN-
SITY RESIDENTIAL (MHDC) FOR A
5.99 ACRE PORTION OF PARCEL T
OF RANCHO VISTOSO NEIGHBOR-
HOOD 10, LOCATED ON THE NORTH
SIDE OF MOORE ROAD, APPROXI-
MATELY 1,200 FEET EAST OF KING
AIR DRIVE, PARCEL NO. 219-224220.
The subject parcel is 5.99 acres in size
and the zoning is Community Commer-
cial (C) within the Rancho Vistoso Plan-
ned Area Development (RV PAD).
Members of the public are invited to at-
tend this meeting and will be given an
opportunity to speak An agenda for the
meeting will be made available 24 hours
prior to meeting time. Should you have
any questions regarding this matter,
please contact Susana Montana, Plan-
ner II, at 2294814 or smontana@oro-
valley.net.
Pub: The Daily Territorial
April 16, 2004
Req: Town of Oro Valley
hrovl1-04-05 ap
APRIL 16, 2004
claims will be forever barred. Claims
must be presented by delivering or
mailing a written statement of the claim
to the Personal Representative or
attorney at the address listed below.
DATED: April 7, 2004
MESCH, CLARK & ROTHSCHILD, P.C.
By /s/ Jonathan Rothschild Attorneys for
Personal Representative
Pub: The Daily Territorial
April 9, 16, 23, 2004
Req: Mesch, Clark & Rothschild, PC
crreye , jw
NOTICE. TO CREDITORS
IN THE SUPERIOR COURT OF THE
STATE OF ARIZONA IN AND FOR
THE COUNTY OF PIMA
In the Matter of the Estate of DOROTHY
McCAULERY, (D.O.B. 03115/21) No.
PB 20040443 NOTICE TO
CREDITORS (for publication)
NOTICE IS GIVEN that Ruth Ann
McCauley has been appointed Personal
Representative of this estate. All
persons having claims against the estate
are required to present their claims
within four months after the date of the
first publication of this Notice or the
claims will be forever barred. Claims
mustbe presented by delivering or
mailing a written statement of the claim
to the Personal Representative or
attorney at the address listed below:
BOGUTZ & GORDON, P.C. 3503 N.
Campbell, Suite 101 Tucson, AZ 85719
DATED: 4/6/04, 2004. BOGUTZ &
GORDON, P.C. By: /s/ Timothy M.
Struse, Attorney for Personal
Representative
Pub: The Daily Territorial
April 9, 16, 23, 2004
Req: Bogutz & Gordon, PC
crmccauley jw
NOTICE TO CREDITORS
IN THE SUPERIOR COURT OF THE
STATE OF ARIZONA IN AND FOR
THE COUNTY OF PIMA
In the Matter of the Estate of: RUTH S.
McCABE, DOB: 10/20/1910, Deceased.
NO. PB20040423 NOTICE TO
CREDITORS (For Publication)
NOTICE IS HEREBY GIVEN that Robert
A. McCabe, Peter F. McCabe, and
Charles B. McCabe, III, have been
appointed Ancillary Co -Personal
Representatives of this Estate. All
persons having claims against the
Estate are required to present their
claims within four months after the date
of the first publication of this notice or
the claims will be forever barred. Claims
must be presented by delivering or
mailing a written statement of the claim
to the Ancillary Co -Personal
Representatives, c/o James K. Marvel,
Attorney for Ancillary Co -Personal
Representatives, 6700 North Oracle
Road, Suite 504, Tucson, Arizona
85704.
DATED: April 5, 2004.
/s/ James K. Marvel Attorney for
Ancillary Co -Personal Representatives
Pub: The Daily Territorial
April 9, 16, 23, 2004
Req: James K. Marvel
crmccabe jw
Hearing
Notice
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY
PLANNING AND ZONING
COMMISSION
In accordance with ARS 9-462 and
Section 3-005 of the Oro Valley Zoning
Code Revised, NOTICE OF A PUBLIC
HEARING FOR A PROPOSED
GENERAL PLAN AMENDMENT
BEFORE THE ORO VALLEY
PLANNING AND ZONING
COMMISSION IS HEREBY GIVEN:
TIME: at or after 6:00 p. m. on
TUESDAY, May 4, 2004
PLACE: Oro Valley Town Hall,
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona.
SUBJECT: PUBLIC HEARING: OV11-
04-07, THE WLB GROUP,
REPRESENTING - VISTOSO
PARTNERS LLC, REQUESTS AN
AMENDMENT TO THE TOWN
GENERAL PLAN (1996) _TO CHANGE
THE LAND USE DESIGNATION FROM
COMMUNITY COMMERCIAL (C) TO
MEDIUM HIGH DENSITY
RESIDENTIAL (MHDC) FOR A 14
ACRE PORTION OF PARCEL I OF
RANCHO VISTOSO NEIGHBORHOOD
7, LOCATED AT THE NORTHWEST
CORNER OF RANCHO VISTOSO
BOULEVARD AND TANGERINE ROAD.
PARCEL NO, 219.54-002E.
The subject parcel is approximately 14
acres in size and the zoning is
Community Commercial (C-1) within the
Rancho Vistoso (Planned Area
Development (RV PAD), except for
areas within a wash that are designated
as Open Space (OS).
Members of the public are invited to
attend this meeting and will be given an
opportunity to speak. An agenda for the
meeting will be made available 24 hours
prior to meeting time. Should you have
any questions regarding this matter,
please contact Susana Montana,
Planner 11, at 229-4814 or
smontana@orovalley.net.
Pub: The Daily Territorial
April 16, 2004
Req: Town of Oro Valley
hrovl1-04-07 ap
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY
PLANNING AND ZONING
COMMISSION
In accordance with ARS 9.462 and
Section 3-005 of the Oro Valley Zoning
Code Revised, NOTICE OF A PUBLIC
HEARING FOR A PROPOSED
GENERAL PLAN AMENDMENT
BEFORE THE ORO VALLEY
PLANNING AND ZONING
COMMISSION IS HEREBY GIVEN:
TIME: at or after 6:00 p. m. on
TUESDAY, May 4, 2004
PLACE: Oro Valley Town Hall,
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING: OV11-
04-06, THE WLB GROUP,
REPRESENTING VISTOSO
PARTNERS LLC, REQUESTS AN
AMENDMENT TO THE TOWN
GENERAL PLAN (1996) _TO CHANGE
THE LAND USE DESIGNATION -FROM
COMMERCE PARK (CP) TO MEDIUM
HIGH DENSITY RESIDENTIAL (MHDC)
FOR A 4.5 ACRE PORTION OF
PARCEL C OF RANCHO VISTOSO
NEIGHBORHOOD 3, LOCATED AT
THE END OF N. VISTOSO VILLAGE
DRIVE, EAST OF E. INNOVATION
PARK DRIVE, PARCEL NO. 219-20-
052K.
The subject parcel is approximately 4.5
acres in size and the zoning is Campus
Park Industrial (CPI) within the Rancho
Vistoso (Planned Area Development (RV
PAD).
Members of the public are invited to
attend this meeting and will be given an
opportunity to speak. An agenda for the
meeting will be made available 24 hours
prior to meeting time. Should you have
any questions regarding this matter,
please contact Susana Montana,
Planner II, at 229-4814 or
smoniana@orovalley.net.
Pub: The Daily Territorial
April 16, 2004
Req: Town of Oro Valley
hrovl1-04-06 ap
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY
PLANNING AND ZONING
COMMISSION
In accordance with ARS 9-462 and
Section 3.005 of the Oro Valley Zoning
Code Revised, NOTICE OF A PUBLIC
HEARING FOR A PROPOSED
GENERAL PLAN AMENDMENT
BEFORE THE ORO VALLEY
PLANNING AND ZONING
COMMISSION IS HEREBY GIVEN:
TIME: at or after 6:00 p, m. on
TUESDAY, May 4, 2004
PLACE: Oro Valley Town Hall,
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING: OV11-
04.05, THE WLB GROUP,
REPRESENTING VISTOSO
PARTNERS LLC, REQUESTS AN
AMENDMENT TO THE TOWN
GENERAL PLAN (1996) -TO CHANGE
THE LAND USE DESIGNATION FROM
NEIGHBORHOOD COMMERCIAL (C)
The Daily Territorial
TO MEDIUM HIGH DENSITY
RESIDENTIAL (MHDC) FOR A 5.99
ACRE PORTION OF PARCEL T OF
RANCHO VISTOSO NEIGHBORHOOD
10, LOCATED ON THE NORTH SIDE
OF MOORE ROAD, APPROXIMATELY
1,200 FEET EAST OF KING AIR
DRIVE, PARCEL NO. 219-22-4220.
The subject parcel is 5.99 acres in size
and the zoning is Community
Commercial (C) within the Rancho
Vistoso Planned Area Development (RV
PAD).
Members of the public are invited to
attend this meeting and will be given an
opportunity to speak. An agenda for the
meeting will be made available 24 hours
prior to meeting time. Should you have
any questions regarding this matter,
please contact Susana Montana,
Planner 11, at 229-4814 or
smontana@orovalley.net.
Pub: The Daily Territorial
April 16, 2004
Req: Town of Oro Valley
hrovl1-04-05 ap
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY
PLANNING AND ZONING
COMMISSION
In accordance with ARS 9-462 and
Section 3-108 of the Oro Valley, Zoning
Code Revised, NOTICE OF A PUBLIC
HEARING FOR A PROPOSED
GENERAL PLAN AMENDMENT
BEFORE THE ORO VALLEY
PLANNING AND ZONING
COMMISSION IS HEREBY GIVEN:
TIME: at or after 6:00 p.m. on
TUESDAY MAY 4, 2004
PLACE: Oro Valley Town Hall
Council Chambers
11000 N. La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING
OV11-04-04, BIG HORN COMMERCE
LLC REQUESTS AN AMENDMENT TO
THE TOWN'S GENERAL PLAN (1996)
TO CHANGE THE LAND USE
DESIGNATION FROM COMMERCIAL
PARK TO COMMUNITY
COMMERCIAL, LOCATED ON THE
SOUTHEAST CORNER OF RAMS
FIELD PASS AND ORACLE ROAD AND
OUTSIDE THE TOWN LIMITS, PARCEL
220.040-1OM
The property owner requests a General
Plan Amendment on 2.874 acres from
Commercial Park to Community
Commercial. If the amendment is
approved and the site is annexed into
the Town, it would enable a future
rezoning application to C-1 or C-2 for
commercial development.
LOCATION: The property is located on
the southeast corner of Rams Field Pass
and Oracle Road. The property is
located in Pima County outside the
Town limits.
DESCRIPTION: The General Plan
Amendment proposal is available for
review at the Oro Valley Town Hall
Development Services Building, 11000
N. La Canada Drive, Oro Valley,
Arizona, during normal business hours.
Members of the public are invited to
attend this meeting and will be given an
opportunity to speak. An agenda for the
meeting will be made available 24 hours
prior to meeting time. Should you have
any questions regarding this meter,
please contact Robert Conant at (520)
229-4800 or at bconant®orovalley.net.
Pub: The Deily Territorial
April 16, 2004
Req: Town of Oro Valley
hrovl1-04-04 ap
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY
PLANNING AND ZONING
COMMISSION
In accordance with ARS 9-462 and
Section 3-005 of the Oro Valley Zoning
Code Revised, NOTICE OF A PUBLIC
HEARING FOR A PROPOSED
GENERAL PLAN AMENDMENT
BEFORE THE ORO VALLEY
PLANNING AND ZONING
COMMISSION IS HEREBY GIVEN:
TIME: at or after 6:00 p. m, on
TUESDAY, May 4, 2004
PLACE: Oro Valley Town Hall,
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING: OV11-
04-03, LINDA POLITO.
REPRESENTING THE POLITO AND
FELKER PROPERTIES, REQUESTS
AN AMENDMENT TO THE TOWN OF
ORO VALLEY GENERAL PLAN
(1996)_TO CHANGE THE LAND USE
DESIGNATION FROM RURAL LOW
DENSITY RESIDENTIAL (0-0.3DU/ac)
TO LOW DENSITY RESIDENTIAL (0.6-
1.2 DU/ac) FOR LOTS 10 & 15 OF THE
LINDA VISTA CITRUS TRACTS;
LOCATED 1/8 MILE WEST FROM THE
INTERSECTION OF LINDA VISTA
BOULEVARD AND EGLESTON DRIVE,
ON THE NORTH AND SOUTH SIDES
OF LINDA VISTA BOULEVARD,
PARCELS 225.112-360 & 224-360-13A
The applicant has proposed a land use
change to the 1996 Town of Oro Valley
General Plan for two properties. Both
properties are approximately ten acres in
size.
Members of the public are invited to
attend this meeting and will be given an
opportunity to speak. An agenda for the
meeting will be made available 24 hours
prior to meeting time. Should you have
any questions regarding this matter,
please contact David Ronquillo, Planner
I, at 229-4817 or
dronquillo@orovalley.net.
Pub: The Daily Territorial
April 16, 2004
Req: Town of Oro Valley
hrovl1-04-03 ap
NOTICE OF HEARING
IN THE SUPERIOR COURT OF THE
STATE OF ARIZONA
IN AND FOR THE COUNTY OF PIMA
JUVENILE COURT
In the Matter of NELSON, DARLENE
dob 06/30/88 No. J164674 SUPP
CITATION NOTICE OF HEARING
(Publication) Judge Cuneo
TO: ALLISON TAVANO Address
Unknown
JOHN DOE (Alleged father)
Address unknown
The Arizona Department of Economic
Security has filed a Dependency Petition
in the above -entitled cause alleging the
above -named child to be dependent
within the meaning of A.R.S. §8-201, at
seq., as amended.
YOU ARE HEREBY NOTIFIED that a
publication hearing on the Petition Is set
for June 30, 2004. at 8:30 A.M., in the
courtroom of this Court located at 2225
East Alo Way, Tucson, Arizona.
You may appear at the hearing and be
represented by counsel. The Court will
appoint counsel upon a showing of lack
of financial ability to retain your own
counsel.
You are hereby advised that your failure
to personally appear in court without
good cause shown may result in a
finding that you have waived your legal
rights, including your right to a trial by.
jury in a termination of Parental Rights
Proceedings and have admitted the
allegations in the petition. In addition, if
you fail to personally appear in court
without good cause shown, the hearings
may go forward in your absence and
may result in an adjudication of
dependency, termination of your
parental rights or the establishment of a
permanent guardianship based upon the
record and the evidence presented to
the court. Proceedings, to terminate
parental rights can also occur based
upon the grounds set forth in A.R.S. § 8-
533. If the Court determines that efforts
to reunify a parent or guardian with a
child would not be reasonable, the Court
is not required to order reunification
services pursuant to A.R.S. § 8-846.
You are hereby notified that upon a
request or motion of a parent, guardian
or Indian custodian of a child who is
subject of these proceedings, made prior
to any proceeding in this matter, the
Court shall order that the proceeding is
open to the public, unless the court finds
good cause for all or part of the
proceedings to remained closed. Before
opening a proceeding to .the public, the
Court shall consider: (1) whether doing
so is In the child's best interest; (2)
whether doing so would endanger the
child's physical or emotional well-being
or the safety of any other person; (3) the
privacy rights of the child, the child's
siblings, parents, guardians and
caregivers and any other person whose
privacy rights the Court determines need
protection; (4) whether all parties have
TOWN OF ORO VALLEY
11000 N. LaCanada Drive
Oro Valley, AZ 85737
219537360
RUSSO CARA J
0 NO MAiL i,ECLI: , 12955 N DAPPLE DR
❑ NOT DELI VERAI3LLORO VALLEY AZ
❑ NO SUCH NUMBER/85737-0000
L7 MOVED, LEFT NO Ai, )!
❑ REFUSED ❑ VACANT ❑
❑ INSUFFICIEt1T
XATTEM.PTED,
EVPT/UmT NUUMBL1COMPANY NAMR SUITE N��JABI?f<
NOT
m� PITNEY 60NfF_S
02 ,, A 00.230
_ 0004337343 APR'IS 2004
MAILED FROM ZIP CODE 85737
JUN 2 8 2r1
'MMfICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION
In accordance with ARS 9-462 and Section 3-005 of the Oro Valley Zoning Code Revised, NOTICE OF A PUBLIC
HEARING FOR A PROPOSED GENERAL PLAN AMENDMENT BEFORE THE ORO VALLEY PLANNING AND
ZONING COMMISSION IS HEREBY GIVEN:
TIME: at or after 6:00 p. m. on TUESDAY, May 4, 2004
PLACE: Oro Valley Town Hall, Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING: OV11-04-05THE WLB GROUP REPRESENTING VISTOSO
PARTNERS LLC REQUESTS AN AMENDMENT TO THE TOWN GENERAL
PLAN (1996) TO CHANGE THE LAND USE DESIGNATION FROM
NEIGHBORHOOD COMMERCIAL (C) TO MEDIUM HIGH DENSITY
RESIDENTIAL (MHDC) FOR A 5.99 ACRE PORTION OF PARCEL T OF
RANCHO VISTOSO NEIGHBORHOOD 10 LOCATED ON THE NORTH SIDE
OF MOORE ROAD APPROXIMATELY 1200 FEET EAST OF KING AIR
DRIVE, PARCEL NO. 219-224220
The subject parcel is 5.99 acres in size and the zoning is Community Commercial (C) within the Rancho Vistoso Planned
Area Development (RV PAD).
Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for the meeting
will be made available 24 hours prior to meeting time. Should you have any questions regarding this matter, please contact
Susana Montana, Planner II, at 229-4814 or
TOWN OF ORO VALLEY
11000 N. LaCanada D
-ro Valley, AZ 85737
219230680
NEWLAN�
1305 CAFJ
NAPA CA
'E M & JONETTE E MRS
LN
71 r c�
TJ k
$ 2Y
C .
nvjT J U 2004
TOWN OF ORO VALLEY
11000 N. LaCanada 1_�
Oro Valley, AZ 85731—
$ 00-Tt'
219222570
PARKA CLARICE B & PARRA LAURA G MRS
12850 N DESERT OLIVE RD
TUCSON AZ
85737-0000
APR i 9 -���
APR
2004
n G i�
TOWN OF ORO VALLEY
11000 N. LaCanada D
,Oro Valley, AZ 85737
aza �3Z
P
J
MA.ILF,) FR
224363� 10
( WHITE MARVIN L & DONNA L JT/RS
-9700 N GOLDEN SUN DR
ORO VALLEY AZ
85737-0000
'w V v -'k
WHIT700 857372001 1403 12 04/17/04
FORWARD TIME EP:P RTN TO SEND
WHITE'MAR5HA ELAINE
399 E ROGER RD #3
TUCSON AZ 8S7'05-282ti
RETURN TO SENDEAPP It P '2a 94
TOWN OF ORO VALLEY
11000 N. LaCanada h+
Oro Valley, AZ 8573,
J
i AiLEG FF
224362720
MORTSON THOMAS G & MARY LO
26 E GOLDEN SUN PL
ORO VALLEY AZ
85737-7968
MORT026 857372001 1502 12 04/17/04
FORWARD TIME EXP RTN TO SEND
MORTSON'THOMAS G
850 W PANORAMA RD
TUCSON AZ 55'704-2912
RETURN TO SENDER
8 W=sr::i'fis;
TOWN OF ORO VALLEY,,•,
11000 N. LaCanada —e
Oro Valley, AZ 857-+�
FII1.I ! ..�,...
M4i..LE-
219223820
SCHWARTZ NORMAN C & KATHERINE C CP/RS
3 MARTHAS CT
SAUGERTIES NY
12477-4235
APR 16 2004
TOWN OF O'RO VALLEY
l W-00 N. LaCanada
(Jro Valley, AZ 8573�
219222950
FIRST AMERICAN TITLE TR 4806
1880 E RIVER RD STE 120
TUCSON AZ
85718-5838
APR
TOWN OF ORO VALLEY
11000 N. LaCanada Drive
Oro Valley, AZ 85737
219220490
NELSON PAUL A & ROSALIE R CP/RS
13182 N DEERGRASS DR
ORO VALLEY AZ
85737-5838
APR 16 2004
TOWN OF ORO VALLEY
11000 N. LaCanada
-ro Valley, AZ 8573
219537570
BENTLEY TANYA K & O'BOYLE MARK J CP/RS
541 W KLINGER CANYON DR
ORO VALLEY AZ
85737-0000
APR 6 24
TOWN OF ORO VALLEY
I 1000 N. LaCanad-' - - -ive
Oro Valley, AZ 85737
.......... .............. ............ .... . ..........
M
32 ji-1-17 0
ABLE JIMMI NAMNE
U
5UNVIEW DR
TUCSON AZ
85737-0000
EARLS29 857372014 1303 11 04/17/('•,-4
FORWARD EXP RTN TO SEND
EARLEY
PO BOX 69312
ORO VA . LLEY AZ 85737-00L4 APR I
RETURN TO SENDER
OWN OF ORO VALLEY
11000 N. LaCanada ve
- -ro Valley, AZ 8573 )
04(3�A44,e>
_ i.R �\ 'Ak
r.✓%
219220730
SIPE ANDREW J & ANGELA C CP/RS
13183 N TANNER ROBERT DR
ORO VALLEY AZ
85737-0000
APR 19 204
TOWN OF ORO VALLEY
11000 N. LaCana - - . )rive
Oro Valley, AZ 8.t . 1
,
219220550
HELINSKI DENNIS F & SHARON A MRS
13228 N DEERGRASS DR
ORO VALLEY AZ
85737-0000 APR.
HELI228 857372001 1103 12 04/17/04
FORWARD TIME EXP RTN TO SEND
HELINSKI
13018 N YELLOW ORCHID DR
TUCSON AZ 85737-1868
RETURN TO SENDER
TOWN OF ORO VALLEY
11000 N. LaCanada : ve
Oro Valley, AZ 8573'i
'� 1'Ilt�'1Y f1t ILVf '..
219502650
DUPLESSIS CAREL J & SUZANNE C CP/RS
968 W LIGHTNING SONG PL
ORO VALLEY AZ
85737-0000 APR 19 206
DUPLP&6 6S%E 7POI'I 1.30.E 13 04/ 17 /04
FORWARD TIME EXP RTN TO SEND
DUPLE5313
SWITZERL_AND ARYANASTRASSE 43
Cif-8704 HERRLIEERG
SWITZERLAND
RETURN TO SENDER
�' Il:filli,Iflf,fllililil:fiill,iill,l:f:ll,lfi:l,il:lllfli:ilff
TOWN OF ORO VALLEY
11000 N. LaCanave
Oro Valley, AZ 85131
v r
00.27:rt:
219220280
FULMER DANIEL C & JOHNSON GAI CP S -
7jl OUGAINVILLEA DR
T 1NO 11004
i
TOWN OF ORO VALLEY
11000 N.LaCanad ve
!Oro Valley, AZ 85
219220430
JBMS LLC
ATTN: ANDERSON ERIC N
PO BOX 380
SALINA KS
67402-0380
APR 16 2004
TOWN OF ORO VALLEY
11000 N. LaCanad ve
Oro Valley, AZ 85Ar
219220190
RIPPERGER MAURICE J & MARY F CP/RS
1129 N WALNUT
SAN DIMA CA
91773-0000
APR 2 8 2004
1111lt(3:liltIilltJS1lll!!1.1111:hhl!71iililfd4l:lill{Ili I
TOWN OF ORO VALLEY
11000 N. LaCanac rive
Oro Valley, AZ 85: ,
7,0'�—
,3� A?
a ..
219221620
BROCKBANK STEPHEN R & BROOKE W CP/RS
1050 E IMPERIAL HWY #D3
PLACENTIA CA
92870-1736 APB
�T 04
77
Ifll�fIi llf'!!1�!!�'1�!!I'�tiil7l lFlllfi 1l �f i!Itlllli�i!'i�t 11 ..p
Town of Oro Valley
11000 North La Canada Drive
Oro Valley, AZ 85737
o�Pes P�T44`
4'°
141Nty n(rwu
2 $ 00.230
MAlLv-n JAZIPCODE 85737
�ARaw 54zo9
219537320
EARLEY JIMMI NADINE
529 W SUNVIEW DR MAY 2 4 21j04
TUCSON AZ
85737-0000
EARLS29 857372025 1303 14 05/20/04
FORWARD TIME EP RTN TO SEND
EARLEY
PO BOX 69312
ORO VALLEY AZ 85737-0014
RETURN TO SENDER
d ii{
BEFORE THE ORO VALLEY TOWN COUNCIL
In accordance with ARS 9-462 and Section 3-005 of the Oro Valley Zoning Code Revised, NOTICE OF A PUBLIC
HEARING FOR A PROPOSED GENERAL PLAN AMENDMENT BEFORE THE ORO VALLEY TOWN COUNCIL IS
HEREBY GIVEN:
TIME: at or after 7:00 p. m. on WEDNESDAY, June 16, 2004
PLACE: Oro Valley Town Hall, Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING: RESOLUTION (R) 04- ,OV11-04-05, THE WLB GROUP,
REPRESENTING VISTOSO PARTNERS LLC, REQUESTS AN AMENDMENT
TO THE TOWN GENERAL PLAN (1996) TO CHANGE THE LAND USE
DESIGNATION FROM NEIGHBORHOOD COMMERCIAL (C) TO MEDIUM
HIGH DENSITY RESIDENTIAL (MHDC) FOR THE 5.99 ACRE "PARCEL T" OF
RANCHO VISTOSO NEIGHBORHOOD 10, LOCATED ON THE NORTH SIDE
OF MOORE ROAD, EAST OF THE PROPOSED LA CANADA ROAD
EXTENSION AND APPROXIMATELY 1,200 FEET EAST OF KING AIR DRIVE,
PARCEL NO.219-22-4220.
The subject parcel is 5.99 acres in size and the zoning is Community Commercial (C)
within the Rancho Vistoso Planned Area Development (RV PAD).
Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for the
meeting will be made available 24 hours prior to meeting time. Should you have any questions regarding this matter, please
contact Susana Montana, Planner II, at 229-4814 or smontana@orovalley.net.
Town of Oro Valley
11000 North La Canada Drive
Oro Valley, AZ 85737
02 1 A $ 00.230
0004337343 MAY 17 2004
MAILED FROM ZIPCODE 85 73 7
219220190
RIPPERGER MAURICE J & MARY F CP/RS
1129 N WALNUT
SAN DIMA CA
91773-0000
cs
�.
�—�..J.15
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L'
Town of Oro Valley °,6" nZ,) GRT- FT-r1 NC r
11000 North La Canada Drive F N' �
Oro Valley, AZ 85737t -
"ar
219218370
HALE ROBERT LEE' TFti
ATTN- SIB MORTGAGE CORP
304.0 ROUTj:�2 WEST
BRANC URG NJ
0887 000
Town of Oro Valley
11000 North La Canada Drive O,IPtES POS'
Oro Valley, AZ 85737 }
MAY 2 8 2004 0 2' A $ 00.23°
0004337343 M, y 1 7 z004
❑ PO l"tA I 1 FROM ZIPGODE 85727
tkiNOT DELIVERABLE AS ADDRESSED
219537360 p NO SUCH NUMBER/STPIFET
RUSSO CARA J ❑ MOVED, LEFT NO :1DPI:I_SS
12955 N DAPPLEIMEFUSED ❑ VAC',1\'I' ❑ UNCLAIMED
OROVALLEYA;P INSUFFICIENTAD1 I:I'ss
85737-0000 ❑ NI:F.D . h'; t •N1T NUMBER
❑ Ni=1 _ C'r)\ti\NY NA%11
U2.
Town of Oro Valley
11000 North La Canada Drive
Oro Valley, AZ 85737
• r
� r nr.t , r•.� ^ar �,
WILEWIRIT's-IFCOE
cn WUM, -TY
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22302016B
1711' t•
MAY- 2-6,2004
Town of Oro Valley
11000 North La Canada Drive
Oro Valley, AZ 85737
OT DL`LIVLRABLE AS ADDRESSED
UNABLE 1,0 FORJ/IARI)r
x 13 MO MAIL RECEPTACLE
] NO SUCH NUMBER/STRFET
E3 REFUSED G Vni;AI� [I UNCLAIMED
❑ INSUiFICTEN"T ADI3R:'•i " T Tklj +13ER
219222310 C 'INEF J Ar ! : U P41
ALTER ROBERT & HILDA E MRS E3 N1:i.1> COMIPANY NAME
12943 N DESERT OLIVE DR AND/Ok ,-Uilk E= hF11`.I13i:R
ORO VALLEY AZ ❑ AXTE1 P-D-:D, NOr KNOWN
85737-0000
MAY 2 4 2004
i i 1
....�...............:?..:i:.... ... ... .... .....................
Town of Oro Valley
ES PO
11000 North La Canada Drive
Oro Valley, AZ 85737 r ° -
+�
x 02 14 $ 00. 230
000433 7343 MAY 1 7 2004
MAILED FROM ZIP CODE 85737
219220280
FULMER DANIEL C & JOHNSON GAIL R CP/RS
719 W BOUGAINVILLEA DR
TUCSON AZ
85737-0000
verable as AddrassedRefused
Undeli fed mot Kn
Attemp , own Vacant
�u 1cient AddressU Such Street
—No Sucli1411 Unclaimed
--No Repeptacle_—
Town of Oro Valley
11000 North La Canada Drive
Oro Valley, AZ 85737
219537050
CALLAHAN MAUREEN
13054 N EAGLEVIEW DR
ORO VALLEY AZ
85737-0000
a�P� Posr,�c
7 111y"IY Bovns
0.2 1 A $ 00.230
0004337343 MAY 17 2004
MIAILED FROM ZIP CODE 85737
CALL054 857372007 1403 12 05/19/04
FORWARD TIME EXP RTN TO SEND
CALLAHAENE E
CHANDLERDAZA8 226-6326141
RETURN TO SENDER
Now
Town of Oro Valley 0 N 4.,> OF, -F-ITING'53 -
11000 North La Canada Drive
Oro Valley, AZ 85737
17 t'Ay
A
00-230
0 34 3 7343 MA,( 11 7 2004
MAILED FROM ZIPCODE 85737
219220740
BROWN STEVEN R
13197 N TANNER ROBERT DR
TUCSON AZ
85737-0000
BROW197 857372011 1503 14 05/20/04
FORWARD TIME EXP RTN TO SEND
BROWN'STEVE R
45241 LOEUR D ALENE
INDIO CA 9220l
RETURN TO SENDER
J,
Town of Oro Valley
11000 North La Canada Drive
Oro Valley, AZ 85737
Filmy RnWF5
02 1 A $ 00.230
0004337343 M4`'17 20C4
MAILEDFROM zip CODE 85737
219502650
DUPLESSIS CAREL J & SUZANNE C CP/RS
968 W LIGHTNING SONG PL
ORO VALLEY AZ
85737-0000
DUPL968 85737RORB 1303
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Town of Oro Valley C-1
11000 North La Canl�Drive ° M
Oro Valley, AZ 85737 , , '
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i
The VW Engineering Planning Surveying
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Tucson, Arizona (520) 881-7480
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A PORTION OF SECTION 26,T11S, R13E, G&SRM
TOWN OF ORO VALLEY, PIMA COUNTY, ARI ZONA
SRI LEGEND
SIGNIFICANT VEGETATION*
HILLSIDE DEVELOPMENT ZONE
do SLOPES. 25% AND GREATER PER P.A.D.
_` RIPARIAN AREAS*
� AS TAKEN FROM TOWN OF ORO VALLEY
"--- ---0' RIPARIAN HABITAT MAP
100- YEAR FLOOD LIMITS*
a� ROCK OUTCROPS*
* APPROXIMATE LOCATION - FOR PLANNING
PURPOSES ONLY
NOTES : 1. NO
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ON SITE.
2. NO
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SITE RESOURCE INVENTORY FOR
RANCHO VISTOSO - NEIGHBORHOOD 10
PARCEL T
Item
BEING A PORTION OF SECTION 26, T11 S, R13E, G&SRM,
TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA
09 40" 809 120"
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Date 20 FEBRUARY 2004
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