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OV120609A
TOWN OF ORO VALLEY K COUNCIL COMMUNICATION MEETING DATE: September 3, 2008 TO: HONORABLE MAYOR & COUNCIL FROM: Sarah More, Planning and Zoning Director SUBJECT: OV12-06-09A, Michael Bankowski, representing the owner and applicant, requests approval of a development plan extension for Chops Steakhouse, located on lot 3 of Mercado Del Rio. EXECUTIVE SUMMARY: The project is located within Mercado Del Rio offPusch View Lane just west of Oracle Road. The original plan included a 5,844 square foot restaurant building. The previously approved development plan recently expired on July 19, 2008, and the applicant is now requesting a one year time extension. Current Conditions: • Mercado Del Rio consists of 16 commercial lots. • The property has been previously graded. • The zoning is C-2, Commercial District. Pro osed Improvements: • Lot 3 consists of .88 acres and is currently vacant. A 5,8444 square foot restaurant building (two stories). •. Adequate vehicle circulation and pedestrian connections. • Improvement plans for paving, grading and other infrastructure improvements have not been submitted for'this lot. BACKGROUND: Nature of Application: The applicant seeks relief from Sec. 22.9.F.8.b of the Zoning Code (process requirement), which states, `If improvements have not been started within 2 years of the date of approval of the development plan, the plan shall be deemed to have been abandoned. A request to extend the time beyond the 2 years must be submitted in writing to the Town Council within 2 years of the date of approval. " The development plan expired on July 19, 2008, and the request for this time extension was received on July 3, 2008. Due to scheduling conflicts with the applicant, this item could not be placed on the Council agenda until this meeting. Time limits for .development plans are common in zoning codes. The purpose is primarily to bring closure to the review process in a timely fashion, provide a jurisdiction an opportunity to reconsider a project if there are changes to site conditions and ensure compliance with pertinent updates to zoning standards. TOWN OF ORO VALLEY COUNCIL COMMUNICATION. Page 2 of 3 Approvals to date • The Town Council approved the development plan for this project on July 19, 2006. • The Development Review Board approved the landscape plan and architectural elevations on June 13, 2006. Surrounding Land Uses Direction Zoning Existing Use North C-2, Lot 5 of Mercado Del Rio. Imagen Salon and Spa West C-2; Lot 4 of Mercado Del Rio Proposed Hotel East C-2, Lot 2 'of Mercado Del Rio Undeveloped South R-6 and C-1 Cancha Del Golf apartments and office buildings A. GENERAL PLAN COMPLIANCE General Plan conformance was analyzed and applied to the site design as part of the development plan and preliminary plat review process. B.. OVZCR COMPLIANCE All site design issues were resolved as part of the development plan and preliminary plat process. There have been no recent code updates that would require changes to the development plan. The proposed development plan is in conformance with all pertinent OVZCR requirements. SUMMARY OF FACTORS: Factors For: 1. The development plan meets all General Plan Policies and OVZCR requirements. 2. There have been no recent code updates that would require changes on the development plan. Factors Against: 1. There has been no activity on this project since the development plan approval. SUGGESTED MOTION: The Town Council may wish to consider one of the following suggested motions: I move to [approve, approve with conditions, OR deny] OV12-06-09A, Micheal Bankowski, representing owner and applicant, requests approval of a development plan extension for a period of one year to expire on September 3, 2009. F:\OV\OV12\2006\12-06-09A\TC.RPTextension9-3-0g.doe TOWN OF ORO VALLEY. COUNCIL COMMUNICATION Page 3 of 3 Attachments: 1. Applicant's request letter 2. Site Plan cc: Michael Bankowski, Fax: 229-9317 . Project Planner: David Rongtiillo, Senior Planner Zoning Director Craig Ci alier, Town Engineer e Watson, sistant Town Manager David Andrews, Town Manager F:\OV\OV12\2006\12-06-09A\TC.RPTextension9-3-08.doc S, �°UNOEIi �0�a TOWN OF ORO VALLEY, PLANNING AND ZO IN G � ' 11000 N. LA CANADA DRIVE, ORO VALLEY PHONE: (520) 229-4800 FAX: (520) 742-1022 www.townoforovalley.com APPLICATION FORM (� ��` OV Case fff to %,� {.%j4 Only}. J' IJ Application Type: -�� p�d`�-' p�0�•1\ k�i1JLS 10A A. Project Manager/Developer - Name: Y11 \ g r-,- g i a a Firm: Address: City: Z-'o V' E State: (3 z- ZIP: E S' 7 7 -7 Telephone: <�10--a-,iq (,)M Fax:2'J-ZZ9-'73%7 Email:, ?-,JL-L"r/e« B. Property Owner (s), if more than one owner, attach list Name: Firm: Address: (6 i . n• 13 City: ©(LO V"'a M e.4 State: Zip: 9-S -237 Telephone:'S-)-a Lz - o k-t Fax: C-0 Z - Z Vii -A? i 7 Email: M G r% r\c.0 u,,3,)kc k � A -a I -�0 C. Subject Property Parcel/Tax Code: 'Z 2- 5 �o Legal Descriptio Property Address: q.,ZQ V. . V v e-L. — I� , C L 2 t o ©2 VP -Ake 1 . 3 Q.r(aOb ()ttt w Lo ►-Ib A �iock l Area of property: e o , ram- t Existing Zoning: F , - �L Proposed Zoning: Is Proposed Zoning in conformance with General Plan designation? N N/A [ ] Yes [ ] No General Plan Designation: Existing Land Use: 1 r i P (rz v e- O )- o *t Proposed Land Use: oo' R N- t', } D. Previous Applications Relating To This Property OV8- OV9- OV10- OV11- OV12- OV13- Reason For Request This application is true and correct to the best of my knowledge. I am the owner of the above escribed property or have been authorized by the owner to make this application. f / 0 to Signature I Clear Day Page 1 of 1 Gay, Shirley From: Ronquillo, David Sent: Thursday, July 24, 2008 8:29 AM To: Gay, Shirley Subject: RE: Chops Extension OV1206-09A Headed to TC on August 20. From: Gay, Shirley Sent: Wednesday, July 23, 2008 11:10 AM To: Ronquillo, David Subject: Chops Extension OV1206-09A What is the status of the extension? Shirley Gay Development Coordinator 520-2294849 sQay(cDorovalleyaz.gov Please note new email address 07/24/2008 o�OJPLLEY02� �����I� � \' � T!.,L_ 2008 F i NDE' 19 Q TOWN OF ORO VALLEY, PLANNING AND ZONING .;...In of ro '�, ., — 11000 N. LA CANADA DRIVE, ORO VALLEY AZ 95737 ..,.•. . . PHONE: (520) 229-4800 FAX: (520) 742-1022 www.townoforovalley.com APPLICATION FORM OV Case # (Office Use Only): oy Application A. Project Manager/Developer Name: Firm: Address: City: State: AZ Zip: �- i' i'3 -7 Telephone: S�i_u 2-,;tg -- Fax:'_ 2- Z Zq- `>%'? Email: r'Y! ,o..J c! s cl ,9 /,, n, B. Property Owner (s), if more than one owner, attach list Name:�C�1��L Firm: Address: �6 cN \-t City: o 6b3y,X_ VQ State: Z Zip: 9-S -2 3 7 Telephone: S`)--o - 'z'z r - o k— Fax: S- 2 - Z z-r� -L2 _? 1 '7 Email: C. Subject Property Parcel/Tax Code: 'Z Z y - Z - :k Legal DescriptioplProperty Address: cr V L1 e-L \ f,� C A rn i ►.s c_-�4A L\� f- i_ R_ U eau 6:, e 1 A Z. �7-7 - 1, 0 3 'i')k9-CraoZ) ail- to Lo j.,, Area of property: 'n"_ i ' Existing Zoning: f . Proposed Zoning: Is Proposed Zoning in conformance with General Plan designation? M N/A [ ] Yes [ ] No General Plan Designation: Existing Land Use: \ M P czo v e- p tie Proposed Land Use: rZ D. Previous Applications Relating To This Property OV8- OV11- OV9- OV10- OV12- rep G - 0 C\' OV13- This application is true and correct to the best of my knowledge. I am the owner of the above ribed property or have been authorized by the owner to make this application. 1 Q�ate Signature `.own of OrcoValfl& July 3d, 2008 Mr. David Ronquillo Senior Planner Community Development Dept. Tow of Oro Valley RE: Development Plan Extension Request OV12-06-09 Lot 3 Mercado Del Rio, Parcel 224-28-2250 Dear David, My original restaurant partner has experienced a series of legal and personal problems that have delayed the project and eventually led to the termination of our partnership. As a result, I am seeking other investors. Due to the current business climate I am forced to ask for an extension of my Development Plan Approval which was granted on July 27'h, 2007. The extension will allow me the additional time that I need to accomplish my goal. Thank you in advance for your assistance. Sincerely, Michael J. Bankowski 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 July 27, 2006 Michael J. Bankowski Primetime Real Estate Holdings LLC 1685 W. Wimbledon Way Tucson, AZ 85737 Fax: 229-9317 0 3 2006 Re: OV12-06-09, Development Plan for lot 3 of Mercado Del Rio, Parcel 224-28-2550 Dear Michael: At their regular meeting of July 19, 2006, the Town Council voted (7 - 0) to conditionally approve the development plan for lot 3 of Mercado Del Rio. The conditions approved by the Town Council are attached as Exhibit A. Each of the conditions must be addressed prior to staff certifying that the Development Plan is complete. As 'specified in the Oro Valley Zoning Code, all revisions must be summarized in letterform. Three (3) full size (24" X 36") bluelines of the Development Plan are required for review.' Furthermore, one (1) final version development plan mylar and an electronic version, containing parcel lines and subdivision boundaries, lot numbers, all dimensions, and street names, will be required for acceptance by the Town. The electronic version must be submitted on a 3'/2 inch diskette, zip disk or CD-ROM in DXF or AutoCAD DWG format. As specified in the OVZCR, improvements must begin within two years of development plan approval. Only the Town Council may grant extensions. To get started, if you have not ah-eady, please submit grading, paving, drainage, and wastewater improvement plans for review. Plans for onsite, offsite, and utility improvements are required. You may begin the process of establishing assurances by contacting Ms. Shirley Gay (229-4800). Please let me know•at 229-4817 if you have any questions. Sincerely, David Ronquillo Senior Planner cc: Shirley Gay Tri Miller, Fax: 322-6956 www.townoforovalley.com MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 3, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER - 7:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paula Abbott, Council Member K.C. Carter, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member Salette Latas, Council Member EXCUSED: Al Kunisch, Vice Mayor PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager David Andrews reviewed the upcoming meetings and events. COUNCIL REPORTS Council Member Latas reported that the National Guard's 161st medical group is being deployed to Germany and that they have requested donations of items such as wheel chairs, toiletries and DVDs to take to the troops. She stated that the list would be posted on the Town's website and collection boxes would be placed in the Town Hall Administration lobby. DEPARTMENT REPORTS Planning and Zoning Administrator Sarah More reviewed the times for the Planning & Zoning Commission's special session scheduled for September 5th stating that the first public hearing would begin at 6:00 p.m. and the second one at 7:30 p.m. 09/03/08 Minutes, Town Council Regular Session Town Engineer Craig Civalier reported that the traffic signal at La Cholla Boulevard and Glover Road has been installed and is now operational. Communications Administrator Mary Davis reported that a story highlighting the Town's bio-tech hub was in the Arizona Republic on Sunday, August 31 st. She also reported that there would be a call for nominations for Volunteers of the Year award in this month's Vista. She stated that the Town would be accepting nominations until November 1st. Chief of Police Danny Sharp reported that all equipment has been received for the Town's bicycle patrol that will be utilized in the Town's linear parks, shopping center and around the hospital. He stated that the funds used to purchase the new equipment and uniforms came from racketeering funds. TOWN MANAGER'S REPORT - No report. CALL TO AUDIENCE Geri Ottobani, Oro Valley resident, expressed concerns regarding the Town's future water supply. Pat Kinsman, Oro Valley resident, spoke regarding the proposed Arroyo Grande annexation and stated that she was disappointed that Proposition 103 failed. She questioned why the Council was looking at doubling the size of the town and the number of residents. Phil Gibbs, Oro Valley resident, expressed concerns regarding the proposed Arroyo Grande annexation and the fact that this annexation could double Oro Valley's population and cause a significant increase in traffic. He also questioned who would be paying for the infrastructure of the approximately 16,000 homes, commercial development and schools. Barry DiSimone, non -Oro Valley resident, referenced the Town's initiative process, the number of signatures needed to submit an initiative and the timing of submission and asked that the Council consider a change to the Town Code. Presentation by Vestar's Senior Project Manager, David C. Malin regarding Tenants for the Oro Valley Marketplace David Malin, Vestar, Senior Project Manager for Oro Valley Marketplace, presented an update of tenants that have signed leases for the Marketplace as follows: Alltel Wireless, Best Buy, Bikes Direct, Chase Bank, Century Theaters, Coldstone Creamery, Cost Plus World Market, Danny's Gourmet Market, Darcy MCGee's, Dick's Sporting Goods, Designer Shoe Warehouse, Famous Footwear, Game Stop, GNC, Marcusi Nail Spa, Olive Garden, Pacific Dental, 09/03/08 Minutes, Town Council Regular Session 3 Petco, Red Lobster, Sport Clips, Styles for Less, The Keg Steakhouse, Tilly's, Ulta Cosmetics, Verizon Wireless and Wal-Mart Supercenter. He stated that they are currently negotiating leases and letters of intent with other possible tenants and will release those names when finalized. Mr. Malin also reported that they expect the majority of the tenants to open in late October. 1. CONSENT AGENDA At the request of Council, Mayor Loomis pulled Items F and I for discussion. MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to approve the Consent Agenda with the exception of Items F and I. MOTION carried, 6-0. A. Minutes - July 30, 2008 Study Session; August 01 & 02, 2008 Retreat; August 6, 2008 Regular Session B. Building Safety Activity Report - July 2008 C. Police Report - July 2008 D. Public Safety Fire and Emergency Medical Service Providers Quarterly Report E. Tucson Regional Economic Opportunities, Inc. Quarterly Report: April 1, 2008 - June 30, 2008 F. Resolution No. (R)08 - 64 Approving an Intergovernmental Agreement between the Regional Transportation Authority (RTA) of Pima County and the Town of Oro Valley to utilize (RTA) funds for Uninterrupted Power Supply (UPS) at various locations within the Town of Oro Valley and Traffic Signal Synchronization Software in the amount of $63,000.00 (PULLED FOR DISCUSSION) MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt Resolution (R)08-64. MOTION carried, 6-0. G. Resolution No. (R)08 - 65 Approving an Intergovernmental Agreement between the Regional Transportation Authority (RTA) of Pima County and the Town of Oro Valley to utilize RTA funds in the amount of $523,000 for design and construction of the La Cholla Boulevard Bicycle Improvements from Tangerine Road to Lambert Lane and the La Cholla Boulevard 09/03/08 Minutes, Town Council Regular Session 4 Pedestrian Improvements from Glover Road to Naranja Drive H. Resolution No. (R) 08 - 66 Adopting the Town of Oro Valley Historic Preservation Commission Rules and the Town of Oro Valley Historic Preservation Commission Meeting Guidelines Resolution No. (R)08 - 67 Adopting the Town of Oro Valley Art Review Commission Rules and Operating Procedures (PULLED FOR DISCUSSION) Mayor Loomis opened the floor for public comment. Matt Moutafis, Oro Valley resident, commented that the structure of this commission was important for its future success. He stated that the Greater Oro Valley Arts Council (GOVAC) has an important role but he felt that because of its relationships with artists, it may be a conflict of interest if they had a vote. He stated that GOVAC's contribution could be made without having an actual vote on the commission. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to approve Resolution (R)08-67, Rules and Operating Procedures for the Art Review Commission with the following changes: Page 9, Section 4 a.iii -Change "current address" to "residence" and Page 1, Section 1.1A - Add: ..... shall be residents of the Town "for one year" and shall remain residents of the Town throughout their period of service on the Commission. MOTION carried, 6-0. J. Appointment of Leo Leonhart to the Stormwater Utility Commission Board with term effective September 3, 2008 through June 30, 2010 K. OV12-06-09A Approval of a development plan time extension for Chops Steakhouse, located on lot 3 of Mercado Del Rio for a period of one year to expire on September 3, 2009 L. Approval of 2009 Town Council meeting schedule 2. PINAL COUNTY UPDATE PRESENTATION ON THEIR COMPREHENSIVE PLAN ON THE COOPERATIVE LAND USE PLANNING INVOLVING PINAL COUNTY RESIDENTS AND NEIGHBORING JURISDICTIONS Assistant Pinal County Manager Ken Buchanan commented that the elements of Pinal County's Comprehensive Plan included present and future growth, energy, regional and local transportation systems, open space and sustainable economic development. 09/03/08 Minutes, Town Council Regular Session Jerry Stabley, Planning and Zoning Director for Pima County, reviewed the Pinal County Comprehensive Plan process and highlighted the following: Currently 5 million people with projections of 10 million people by 2040. Sense of Community. Open spaces and places. Economic development sustainability. Quality educational opportunities. Healthy, happy residents. Mobility/Multimodal circulation and transit opportunities. Environmental stewardship. Planning for build out. Discussion followed regarding Arroyo Grande, the impact from Oracle Junction towards Mammoth, job creation and services in high growth areas, wildlife corridors and trail corridors, the Land Use Plan as it relates to currently approved zoning and development, water issues, and the full service community service concept and how it relates to their General Plan policy and its relationship to planned housing and traffic. 3. CONSIDERATION AND POSSIBLE DIRECTION TO THE TOWN MANAGER TO SUBMIT A LETTER OF INTEREST TO THE TUCSON MUSEUM OF ART FOR RELOCATION OF THE TUCSON MUSEUM OF ART TO ORO VALLEY Tory Schlievart, Management Assistant, reported that the Tucson Museum of Art contacted the Town to see if there were any areas in the Town that would be potential sites for a museum. She explained that five potential sites have been identified by the Town. Robert Knight, Executive Director of the Tucson Museum of Art, presented a background of the Tucson Museum of Art. He stated that the museum was founded in 1924 and it is fully accredited by the American Association of Museums. He further commented that they are looking to expand to northern Pima County to provide better access to residents. Mr. Knight highlighted the following: Current membership of 3,000 Fine art, Tucson architecture with five historic properties Community rentals, assets and programs: - Hospital programs for terminally ill children and their families - 13,000 volume visual arts research library - Summer art camp for kids - Cafe - Educational institution - Museum School for the Visual Arts (High School for talented at -risk youth) - Earth Sculpture Park 09/03/08 Minutes, Town Council Regular Session 6 Richard "Andy" Anderson, Immediate Past President of the Board of Trustees and Chairman of the Building and Grounds Committee for the Tucson Museum of Art, commented that they have outgrown their campus and parking has become a problem. He stated that by relocating the Art Museum into Oro Valley, it would help provide better access to constituents. Mr. Anderson stated that they would need dedicated support from local citizenry and elected officials. He also stated that they would need a minimum of five acres of land (Earth Sculpture Park would require 25 additional acres). He stated that they hope to have a public/private partnership to help build and operate the museum facilities. Mr. Anderson commented that if the museum were relocated to Oro Valley, the name would be changed to have a more regional context. MOTION: A motion was made by Council Member Latas and seconded by Council Member Carter to direct the Town Manager to submit a formal letter of interest to the Tucson Museum of Art on behalf of the Town of Oro Valley and include an invitation to attend site tours of the five potential sites and to also identify the Naranja Town Site as the site that is under public ownership. MOTION carried, 6-0. Mayor Loomis recessed the meeting at 8:30 p.m. The meeting resumed at 8:40 p.m. 4. ANNEXATION PUBLIC HEARING - REQUEST FOR ANNEXATION OF APPROXIMATELY 10 ACRES OF UNINCORPORATED TERRITORY LOCATED SOUTH OF STONE CANYON AND NORTH OF LA CHOLLA AIRPARK KNOWN AS ANNEXATION AREA O Scott Nelson, Special Projects Coordinator, reported that on July 2, 2008, the Town Council initiated the annexation process for Area "O". He stated that the annexation is in compliance with the Town's General Plan and annexation policies. He also reported that all neighboring property owners were notified of the annexation. (No action required at this time.) Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. 5. ANNEXATION PUBLIC HEARING - REQUEST FOR ANNEXATION OF APPROXIMATELY 10 ACRES OF UNINCORPORATED TERRITORY LOCATED SOUTH OF STONE CANYON AND NORTH OF LA CHOLLA AIRPARK KNOWN AS ANNEXATION AREA P Scott Nelson, Special Projects Coordinator, reported that on July 2, 2008, the Town Council initiated the annexation process for Area "P ". He stated that the annexation is in compliance with the Town's General Plan and annexation policies. He also reported that all neighboring property owners were notified of 09/03/08 Minutes, Town Council Regular Session 7 the annexation. Mr. Nelson also noted that this proposed annexation is part of the Stone Canyon 9 General Plan amendment. (No action required at this time.) Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. 6. PUBLIC HEARING - ORDINANCE NO. (0)08 -12 ESTABLISHING DEVELOPMENT IMPACT FEES IN THE AREAS OF PARKS AND RECREATION, LIBRARY, POLICE, GENERAL GOVERNMENT AND TRANSPORTATION, AMENDING THE ORO VALLEY TOWN CODE CHAPTER 13, DEVELOPMENT FEES BY REPEALING ARTICLE 13-4 AND ADDING ARTICLE 13-5, DEVELOPMENT FEES ASSESSED Tory Schlievert, Management Assistant, reported that on May 7, 2008, the Council approved Resolution (R)08-32 providing Notice of Intent to establish development impact fees for parks and recreation, library, police, general government and transportation fees as recommended by TischlerBise Inc. She reported that if adopted, the development impact fees would become effective December 2, 2008. Ms. Schlievert then reviewed the maximum supportable development fees as follows: Single family homes - Total $6,203 Multi -family homes - Total $3,871 Commercial is calculated per 1,000 square feet of floor area In response to questions from Mayor Loomis, Town Attorney Tobin Rosen stated that the Council could vote on the impact fees on an individual basis. He explained that the Council could impose a lesser fee than was indicated in the Notice of Intent but nothing higher. He also noted that these fees could be reconsidered at any time if the Council was relying on the same infrastructure improvement plan as prepared by the consultant. Ms. Schlievert confirmed that there were currently no impact fees imposed on commercial development. Mayor Loomis opened the public hearing. Kathy Pastryk, Oro Valley resident, expressed support for establishing the proposed impact fees. She commented that studies show that growth does not pay for itself and it was necessary to pass on costs to the developers. The following individuals spoke in opposition to the proposed impact fees citing such reasons as developers install parks and roads, everyone should pay equally for libraries, high impact fees will drive builders away from Oro Valley, higher impact fees impact residents, and a study presented in June shows that development pays its own way and generates a surplus: 09/03/08 Minutes, Town Council Regular Session David Godlewski, non -Oro Valley resident and representing the Southern Arizona Homebuilders Association (SAHBA) Trace Paulette, Oro Valley resident and representing Pulte Homes Paul Parisi, Oro Valley resident and representing the Tucson Metro Chamber of Commerce Steve Solomon, Oro Valley resident and developer Mayor Loomis closed the public hearing. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Gillaspie to adopt Ordinance (0)08-12 establishing Development Impact Fees in the areas of Parks and Recreation, Library, Police, General Government and Transportation, amending the Oro Valley Town Code Chapter 13, Development Fees by repealing Article 13-4 and adding Article 13-5, Development Fees Assessed. Mayor Loomis stated that he would vote against this motion as he felt that all five elements did not warrant impact fees and he was not happy with the numbers associated with transportation. He also noted that the Town may be doing something with the library and the fee would not be applicable. Mayor Loomis also stated that now is not the time to add additional charges due to the economy. Further discussion followed regarding: Consultant was hired and an exhaustive study was done. Town can not afford to absorb cost of new growth. Development must pay for itself. Commercial development has provided off -site development which is significantly higher in cost than the impact fees would have been. Proposed ordinance does not prohibit negotiating credits. If this is not good time, maybe the Town should look at repealing building fees, etc. that impact the developers. The Town is in the growth corridor and there is a projected population growth of 15 million people over the next 10-15 years. Costs must be born by someone. The Town must continue to be prudent and cut costs. The impact fee is not a tax. The fees are not here to generate revenue but are designed to pay for future growth. Marana has seen an unexpected spike in growth this last quarter and they currently have the highest impact fees in the area. We are facing rate shock and we are now doing due diligence. Roadway impact fees are looked at every 3 years and have been increased. Water impact fees have also been raised but Alternative Water Impact fees have not. MOTION carried, 5-1 with Mayor Loomis opposed. 09/03/08 Minutes, Town Council Regular Session 9 7. PUBLIC HEARING -ORDINANCE NO. (0) 08 -14 AMENDING CHAPTER 15, SECTION 15-17-4 OF THE TOWN OF ORO VALLEY TOWN CODE, INCREASING THE ALTERNATIVE WATER RESOURCES DEVELOPMENT IMPACT FEES Water Utility Director Philip Saletta reviewed a PowerPoint presentation regarding increasing the Alternative Water Resources Development Impact Fees (AWRDIF). He noted that the AWRDIF is for the development of renewable water supplies including reclaimed water and Central Arizona Project (CAP) water. He explained that the fees are based on meter size and then reviewed the schedule for implementation of the impact fees. He also explained that a variance may be requested if a meter size was required to be increased for fire sprinkler systems. Mr. Saletta stated that if the Ordinance is adopted, it would become effective on December 2, 2008. Mayor Loomis opened the public hearing. The following individuals spoke in opposition to increasing the Alternative Water Resources Development Impact Fees citing such reasons as making sure that the business community is not stifled, study and coordination with businesses, the development community and the Town has occurred and agreements had been made, phasing of fees over a five year period had been discussed, the impact on economic growth in the community, and the increase effects everyone in the entire region: Ramon Ganderese, non -Oro Valley resident and representing the Northern Pima County Chamber of Commerce Trace Paulette, Oro Valley resident and representing Pulte Homes Steve Solomon, Oro Valley resident and developer Michael Guymon, Oro Valley resident and representing Metropolitan Pima Alliance Mayor Loomis closed the public hearing. In response to a request from Council Member Gillaspie, Mr. Saletta clarified that the purpose of the AWRD Impact Fee is for the development of renewable water which includes reclaimed water and CAP water. He explained that the renewable water supply was balanced between existing customers and future customers. The portion for existing customers is paid for through the Groundwater Preservation Fee and the portion of the renewable supply is allocated to new development through the AWRD Impact fees. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Carter to approve Ordinance (0)08-14 increasing the Alternative Water Resources Development Impact Fees and to exempt Amphitheater School District from these fees. 09/03/08 Minutes, Town Council Regular Session 10 Discussion followed regarding: The Town should not tax other government entities. (i.e. schools). Town can not earmark funds but this would be simply exempting a public entity. Projects cost a specific amount of money. If the Town decreases revenues as a result of exemption, the revenues would have to be collected from other sources such as the Groundwater Preservation Fee. Fee is important for the development community because without CAP water, the Town would have shut down any future growth. MOTION carried, 5-1 with Mayor Loomis opposed. Mayor Loomis recessed the meeting at 9:50 p.m. The meeting resumed at 10:58 p.m. 8. PUBLIC HEARING - ORDINANCE NO. (0)08 -15 AMENDING THE ORO VALLEY TOWN CODE, CHAPTER 15, ARTICLE 24, ADDING SECTION 14, STORMWATER MANAGEMENT AND DISCHARGE CONTROL Dave Parker, Stormwater Utility Division, reported that the Stormwater Management Plan was approved in May 2006. He reviewed the proposed additions to Chapter 15, Section 24 and explained that the current ordinance focuses on the establishment and administration of the Stormwater Utility. He stated that the additions have been coordinated with public and private organizations, Town staff and the Stormwater Utility Commission (SWUC). Mr. Parker then reviewed the proposed additions in 5 major areas: Prohibit non -storm water discharges into storm system. Erosion and sediment control at construction sites. Manage post -construction runoff from developments. Monitoring. Enforcement. Discussion followed regarding: Pima Association of Governments (PAG) is working on reducing the use of plastic bags and will be presenting a resolution and initiatives to limit use. Public outreach and plans to notify Homeowner's Associations and citizens. Chlorinated water - State requirements are being followed. Fines — Up to $2500 civil and criminal penalties are provided. Containment methods and hazard waste disposal. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. 09/03/08 Minutes, Town Council Regular Session 11 MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to adopt Ordinance (0)08-16, amending the Town Code, Chapter 15, Article 24, adding Section 14, Stormwater Management and Discharge Control. MOTION carried, 6-0. 9. PUBLIC HEARING - ORDINANCE NO. (0)08 -16 AMENDING ARTICLE 6-10, "HISTORIC PRESERVATION CODE", BY AMENDING SECTION 6-10-3 (DEFINITION OF DIRECTOR), SECTION 6-10-5 (A)(1) AND (13)(1), SECTION 6-10-6(A), SECTION 6-10-7(B)(3) SECTION 6-10- 8(D)(1) AND (G)(4) AND REPEALING SECTION 6-10-5(B)(4) OF THE ORO VALLEY TOWN CODE Planning and Zoning Director Sarah More stated that adoption of this Ordinance would establish the following: 1) The Town Historian would no longer be an official member of the Historic Preservation Commission (HPC). 2) No more than three members' terms shall expire in any given year. 3) Clarifies pre -application consultations. 4) The Council will hold a public hearing to consider recommendations from the HPC and the Planning and Zoning Director regarding the formation of a historic district. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Council Member Latas and seconded by Council Member Gillaspie to approve Ordinance (0)08-16, amending Article 6- 10, Historic Preservation Code by amending Section 6-10-3, Section 6-10-5(A)(1) and (13)(1), Section 6-10-6(A), Section 6-10-7(13)(3), Section 6-10-8(D)(1) and (G)(4) and repealing Section 6-10-5(B)(4) of the Oro Valley Town Code. MOTION carried, 6-0. 10. PUBLIC HEARING - ORDINANCE (0)08 -17 AMENDING ARTICLE 3-6, ADVISORY BOARDS OF THE ORO VALLEY TOWN CODE BY ADDING SECTION 3-6-9, ART REVIEW COMMISSION Planning and Zoning Director Sarah More stated that the proposed Code amendment would change the Public Art Review Committee (PARC) to the Art Review Commission (ARC) to help clarify who owns the art and what its purpose is. She stated that these amendments would change the membership from 5 members to 7 and would bring the commission in line with the Town's appointment and recruitment process. 09/03/08 Minutes, Town Council Regular Session 12 Mayor Loomis opened the public hearing. There being no speakers, the public hearing ws closed. MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to adopt Ordinance (0)08-17, amending Article 3-6, Advisory Boards of the Oro Valley Town Code by adding Section 3-6-9, Art Review Commission. MOTION carried, 6-0. 11. PUBLIC HEARING - ORDINANCE NO. (0)08 -18 AMENDING THE ORO VALLEY TOWN CODE, SECTION 2-4-1, REGULAR MEETINGS Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Carter to adopt Ordinance (0)08-18 and follow through with this policy for a trial period of six months. Council Member Gillaspie stated that he felt it was best to start the regular sessions at 7:00 p.m. for the convenience of the citizens, working families and children in school functions. Mayor Loomis stated that he would oppose the motion as he felt that the 7:00 p.m. start time has been shown to work best. MOTION carried, 4-2 with Mayor Loomis and Council Member Gillaspie opposed. MOTION: A motion was made by Council Member Carter and seconded by Mayor Loomis to not furnish food for the first six months for the 6:00 p.m. meetings. MOTION carried, 4-2 with Council Member Gillaspie and Council Member Latas opposed. Council Member Latas and Council Member Gillaspie opposed the motion due to the fact that staff and Council may have a hard time getting dinner before the 6:00 p.m. meetings. 12. OV12-06-25 (MASTER DEVELOPMENT PLAN) & OV12-06-25B (PRELIMINARY PLAT/DEVELOPMENT PLAN) REQUEST FOR APPROVAL FOR A MASTER DEVELOPMENT PLAN, PRELIMINARY PLAT/DEVELOPMENT PLAN FOR ORACLE VISTA CENTRE Explanation: The property is located on the northwest corner of Oracle Road and Linda Vista Boulevard and will consist of a commercial 09/03/08 Minutes, Town Council Regular Session 13 development with retail and restaurant uses. The zoning is C-N, Neighborhood Commercial, which permits the proposed uses. Walter Hoge, Rio Linda Vista LLC, applicant, reviewed overhead pictures depicting the proposed Oracle Vista Centre. He explained that this property is zoned Commercial Neighborhood (C-N). Mr. Hoge noted that this project is being proposed as a phased plan to coincide with market demand and that they have worked with neighbors, the Homeowners Association and Golder Ranch Fire District in a collaborative process. Karen Caesar, Novak Environmental, reviewed the landscape plan and explained that the site has opportunities for water harvesting. Discussion followed regarding the proposed phasing plan, the site will not be mass graded, ingress and egress would be provided regardless of the phasing and a request that bufferyards would coincide with the phased plan. Planning and Zoning Director Sarah More reviewed the Council Communication and stated that Landscape Plan has been approved by the Development Review Board (DRB). She commented that the phasing plan would be brought back to the Council for their approval. She also clarified that the applicant is not asking for a waiver for the bufferyards but consideration of timing which can be worked out in the phasing plan. Ms. More stated that this project is in compliance with the Zoning Code requirements for the site and staff recommends approval. Mayor Loomis recessed the meeting at 11:16 p.m. to allow the applicant time to review the revised conditions. The meeting resumed at 11:22 p.m. Mayor Loomis opened the floor for public comment. Jeriann Loftus, Oro Valley resident and representing Villa Balboa subdivision, stated that they are very interested in working with the developer in accepting off - site mitigation of trees. She also thanked the developer for working with the community. In response to questions from Council Member Abbott and Council Member Gillaspie, Ms. More explained that the Master Development Plan (MDP) assures that the overall site works with the proposed parcel for the fire station and the actual development plan will not change. She also explained that the MDP must be approved before the fire station could be built. MOTION: A motion was made by Council Member Carter to continue this item until the phasing is approved. Motion failed due to lack of second. MOTION: A motion was made by Council Member Gillaspie and seconded by Mayor Loomis to approve OV12-06-25, master development plan for Oracle Vista 09/03/08 Minutes, Town Council Regular Session 14 Centre with the conditions listed in Exhibit "A" and with the correction to sheet 4 of 6 that the height of the proposed Golder Ranch Fire Station be restricted to a maximum of 18 feet and to approve OV12-06-25B, preliminary plat/development plan for Oracle Vista Centre and that if any change in phasing is to occur that it be brought forward through the normal processes with conditions listed in Exhibit „A" Exhibit A Planning and Zoning Conditions 1. All rezoning conditions shall apply, as shown below and on Sheet 6 of the Master Development Plan (OV12-06-25). 2. Eliminate one (1) regular parking space on the site to be consistent with the parking ratios set forth in Section 27.7.C, Oro Valley Zoning Code Revised (OVZCR). 3. All bufferyards shall be installed as part of phase one development for the Oracle Vista Centre project, per Section 27.6.C.1 n., OVZCR. Previous Rezoning Conditions 5. All Standard Conditions for Non -PAD rezonings shall be imposed. 6. The developer shall be responsible for all on -site and off -site improvements associated with the development of this property. 7. The sidewalk on the north, east and south sides of the site shall be designed to meet ADA standards, and a pedestrian access easement provided. 8. The development shall dedicate 30' right of way to the Town for Linda Vista Boulevard. This shall include improvements for a multi -use land and horse trail, as noted on the TDP. 9. The development shall improve both Linda Vista Blvd. and Desert Sky to accommodate the traffic generated from this development. 10. Linda Vista will be widened to the site's driveway initially. Further widening to the west property line will occur at the time that a traffic study warrants the need. The property owner will provide financial assurances to the Town for completion of the future widening. 11. ADOT approval of the improvements to Oracle Road and the access points on Oracle Road shall be submitted prior to the approval of the improvement plans for this project. 12. The developer will be required to submit a permit application for the use of ADOT right-of-way for the proposed land use. It will be the responsibility of the developer to meet any requirements for improvements within ADOT right-of-way as a result of the development. 13. Exterior lighting shall be designed with low-pressure sodium fixtures and the poles shall be no higher than 18' or the height specified in the OVZCR — whichever is lesser. 14. All buildings shall be limited to one story, 18' in height, in order to minimize the impact on views. 09/03/08 Minutes, Town Council Regular Session 15 15. All building and site signage shall be consistent in design and color. All signage must be uniform in copper patina color. 16. There shall be no convenience uses, as defined in the Oro Valley Zoning Code Revised, permitted on this site. Public Works Conditions 17. All comments provided by the Arizona Department of Transportation (ADOT) shall be considered conditions of acceptance for this project. This includes stipulations placed on the development plan design and associated ADOT required reports and construction documents. 18. Address all redline comments on the redline plan set. Return redline plan sets to Oro Valley. 19. Revise the grading at the ADA parking stalls closest to buildings 1 and 6; there is a cross slope at approximately 2.5% 20. Label sidewalk scuppers in front of building 12. 21. Provide a bus pullout along Oracle south of Desert Sky Road with pedestrian connectivity to the site, unless ADOT installs a bus pullout on Oracle Road just south of Linda Vista. Oro Valley Water Utility (OVWU) Conditions 22. If an extension of existing infrastructure is required a water improvement plan will need to be submitted to the Utility for review and approval. 23. Before submitting a plan to the Utility, the engineer must receive from the Fire Marshall specific fire flow requirements, i.e., capacity, number and location of fire hydrants. This information must be submitted along with the plan to the Utility for review and approval. 24. A PCDEQ Certificate for the Approval to Construct or a Waiver will be required and provided to the Utility before construction can begin. 25. A Line Extension Agreement must be signed and returned to the Utility before construction can begin. 26. A PCDEQ Certificate for the Approval of Construction will need to be issued and provided to the Utility before water service can begin. 27. Easements for the placement of public water facilities, i.e., water lines, fire hydrants, etc., on private property must be submitted to the Utility for review and approval. The approved legal description and sketch will need to be recorded by the Engineer and a copy provided to the Utility before construction is finaled. 28. The contractor must arrange for a pre -construction meeting with the Utility before construction of the water system can begin. 29. These comments are in no way all inclusive as a hydraulic review of a submitted water improvement plan must be completed. MOTION carried, 4-2 with Council Member Abbott and Council Member Carter opposed. 09/03/08 Minutes, Town Council Regular Session 16 Council Member Abbott stated that she was opposed to this request as she was not sure that it met the Neighborhood Commercial designation and the project seems very dense. Council Member Carter was opposed due to concerns about the phasing and possible future problems that may come forward. 13. OV12-06-24A REQUEST FOR APPROVAL OF A PRELIMINARY PLAT FOR ESTATES AT LAMBERT LANE Explanation: The property is zoned R1-144 and is located north of West Lambert Lane between Shannon Road and La Cholla Boulevard. The project would create two lots from an existing 6.67 acre parcel to be accessed by a private road Paul Nzomo, Oro Valley resident, Coronado Engineering representing the applicants, stated that this project is approximately 6.67 acres in size. He stated that they are proposing splitting the property into two 3.3 acre lots. He explained that they will not encroach into the riparian area that is located on one the lots. Mr. Nzomo further noted that these will be custom graded lots and that all conditions in Exhibit "A" have been taken care of except for 2 items. Planning and Zoning Director Sarah More stated that this lot split meets Code requirements and staff recommends approval. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to approve OV12-06-24A, Estates at Lambert Lane with the conditions as listed in Exhibit "A". Exhibit A: 1. The recreation area in -lieu fee must be approved by Town Council prior to approval of the final plat. 2. Confirm on Sheet #2 that the Offsite 2 value of Qioo = 25.6 cfs (existing) entering the northeast corner of the parcel at Lot #2 equals the Qloo = 25.6 cfs (developed) exiting the southwestern corner at Lot #2. The topo indicates that a portion of the improved Lot #2 area will drain into this watershed. 3. Confirm on Sheet #2 the Onsite 1/Offsite 1 value of Q100 = 104 cfs as shown exiting the 100-year floodplain at the southern perimeter of the parcel at Lot #1. It looks as though the 104 cfs value was calculated using the pre - developed onsite runoff (i.e., 27 cfs). 4. The Qioo values on Sheet #3 shown on the eastern and western sides of the roadway do not match. Make needed corrections. (Refer to the redlines) 5. Address the comments as redlined on Page #6 of the Drainage Report. 6. Provide pre- and post -development Qloo information as redlined on the Drainage Report, Figure 7: Onsite Watershed Map. 7. Submit two (2) updated versions of the Drainage Report with the fourth (4) Preliminary Plat submittal. 8. Provide a statement to be incorporated into the Geotechnical Soils Report regarding the suitability of the site for the placement of the proposed septic system. Also, note that this Geotechnical Report does not provide adequate information for the custom homes (i.e., foundation design recommendations, 09/03/08 Minutes, Town Council Regular Session 17 recommended slopes away from foundations, etc.). Additional information will be required with the Type 1 grading permit submittal packages. 9. Provide two (2) legible copies of the full Schedule B Dockets (i.e., expanded versions) for all the Schedule B items listed within the Title Report. These items were not originally submitted with the Title Report. MOTION carried, 6-0. 14. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING TOWN COUNCIL LIAISON ASSIGNMENTS TO BOARDS, COMMISSIONS AND OUTSIDE AGENCIES MOTION: A motion was made by Mayor Loomis and seconded by Council Member Abbott to approve the following Council Liaison assignments effective September 3, 2008 to June 30, 2009: Council Member Abbott: Amphitheater School District and Parks & Recreation Council Member Carter: Planning & Zoning, Stormwater Utility and PAG alternate Council Member Gillaspie: Board of Adjustment, Water Utility and Amphitheater School District alternate Council Member Garner: Citizen's Corp Council alternate and Finance and Bond Vice Member Kunisch: Development Review Board, Pima County Chamber, MTCVB and Art Review Commission Council Member Latas: Legislative District 26 and Historic Preservation Commission Mayor Looms: Citizen's Corp Council, PAG and RTA MOTION carried, 6-0. 15. FUTURE AGENDA ITEMS Council Member Abbott - Discussion regarding the duties of the Chairs for all Boards and Commissions - (Study Session item) Council Member Abbott - Requested that the Town Attorney discuss all options that the Council has regarding Arroyo Grande (October 22nd Study Session) Council Member Abbott - Discussion and possible action regarding the Town's Initiative process requirements and amending the Town Code (Council Member Latas seconded the request) (October 1st Council meeting) Council Member Gillaspie - Discussion and possible action regarding directing staff to evaluate and potentially develop a Code amendment for C-N district (Council Member Carter seconded the request) (October 15th Council meeting) Council Member Abbott - Update from Planning and Zoning Director regarding staffing and how the Town will meet the challenges of Arroyo Grande (include in October 22nd Study Session regarding Arroyo Grande). CALL TO AUDIENCE - No speakers. 09/03/08 Minutes, Town Council Regular Session 18 ADJOURNMENT MOTION: A motion was made by Council Member Carter and seconded by Council Member Latas to adjourn at 12:10 a.m. MOTION carried 6 — 0. Prepared by: 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 3rd day of September 2008. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2008. Kathryn E. Cuvelier, CMC Town Clerk SGALL: i" = 100' LOT 3 - MERCADO• DEL RIO N. ., I + } LOT 10 i _ 1 pSN _ Ott, 0vt O LOT 9 0 t LOT 8 N NID r i Ci t 4 LOT 7 �61 i 5 5 r _.;`'S ' �`��4�� } i i , •J a LOT 6 �St.,1 it ri ,�c ? '1� ,i.�•.i 1 � `', � . r .. 5 1+F}: tf.,. �,.` `•iYj :.t � 1 '0`,. Sa4b ,5,. L 'L-'' k, ;C•^ s,-•'�tr } i fl' S r4 's`:;` `' TcrtR�E �"1 4 ' '"' SLOT 12 C/J i + 1 i k �1431,x •2s 1b �w1i1' oI t ,.rTn..., pp]yA3r } LOTIq �15Z' i, .. , .� t % `t.k's: �.i•...r 5�'=?. I:i- -.,1. t ::;t Y SLd� S ,� S.._ it „' L • ., r%y'k` S „ ^y'<S1�L "'v - 4 5 v_,.. 1 a. t Q it ,r'::'"'4.�,iK�, �- "�c r'.?Y� �".y�•P:� i "�'-„�t4,�''� f¢: .t �FtS t i i - ��., � i 1 s:_1 ,t• `" 1. I ` ( � j �j+�K A 5 f`.- , ''a `' ..ju �✓("`+-*i' yi•t �' ,«. - j1:yr' ;� 1 , i—}flr t L, x. It �a ., d# �'`'iK�°� - J; ��}. :t ' } n -i ... 4j r ca- LOT" �:�,'�F�R - ' -- 1 �J�•'r ' ff .`T 7Tcc Jz1. G ]) m��,,_ r• 1 ._ -:, � s ; fy ti jfdt 5 �'�Y�I �i� � • I.�n �fR: � t tt .•• d`I( �SN LOT 16 71- it it J. lit LOT 1yt. i t 1!J i `Ljl` 13 - M} fI , ! a VIEW LAN� _. PUBLIC -STREET--- THIS P T CANCHA D5L CDL5 LOT 3 LDTs 1 THRU 5 DK 40; PC 39 GENERAL NOTES 1217 1. DEVELOPER WILL COVENANT TO HOLD TOWN OF ORO VALLEY, ITS SUCCESSORS AND ASSIGNS, HARMLESS IN THE EVENT OF FLOODING. 2. DRAINAGE WILL NOT BE ALTERED, DISTURBED OR OBSTRUCTED WITHOUT THE APPROVAL OF THE ORO VALLEY TOWN COUNCIL. 3. ACCESS ACROSS FLOOD PRONE AREAS TO BUILDING SITES WILL BE APPROVED BY THE TOWN ENGINEER AND SHALL BE THE RESPONSIBILITY OF THE DEVELOPER. 4. APPROVED IMPROVEMENT PLANS AND APPROVED ASSURANCES WILL BE REQUIRED PRIOR TO ISSUANCE OF GRADING PERMITS. 5. THE WATER DISTRICT FOR THIS DEVELOPMENT IS THE ORO VALLEY WATER UTILITY COMPANY, WHICH HAS BEEN DESIGNATED AS HAVING AN ASSURED 100 YEAR WATER SUPPLY BY THE DIRECTOR OF WATER RESOURCES. THE PROJECT WILL BE SERVED BY AN EXIST 8" MAIN ON -SITE. 6. ON -SITE SANITARY SEWERS WILL BE PRIVATE AND WILL BE CONSTRUCTED, OPERATED AND MAINTAINED ON A PRIVATE BASIS. THE LOCATION AND METHOD OF CONNECTION TO AN EXISTING PUBLIC SANITARY SEWER IS SUBJECT TO REVIEW AND APPROVAL BY THE PIMA COUNTY WASTEWATER MANAGEMENT DEPARTMENT AT THE TIME OF SUBMITTAL OF PLUMBING OR BUILDING PLANS. 7. MATERIALS WITHIN SIGHT VISIBILITY TRIANGLES SHALL BE PLACED SO AS NOT TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO HORIZONTAL LINES LOCATED 30 INCHES AND 72 INCHES ABOVE FINISHED GRADE OF THE ROADWAY SURFACE. 8. ANY WASTEWATER DISCHARGED INTO THE PUBLIC SANITARY SEWERAGE SYSTEM SHALL MEET THE REQUIREMENTS OF THE INDUSTRIAL WASTE ORDINANCE (PIMA COUNTY ORDINANCE NO. 1991-140, AS AMENDED). 9. A PROJECT CONSTRUCTION PERMIT MUST BE SECURED FROM PIMA COUNTY WASTEWATER MANAGEMENT DEPARTMENT BEFORE BEGINNING ANY WORK ON THIS PROJECT. 10. DRAINAGEWAYS WILL BE CONSTRUCTED ACCORDING TO APPROVED PLANS PRIOR TO THE ISSUANCE OF ANY PERMITS FROM THE TOWN ENGINEER AND/OR BUILDING OFFICIAL FOR PARCELS AFFECTED. 11. IF LOTS ARE TO BE SOLD WITHIN A COMMERCIAL SUBDIVISION: "PROPERTY'S ASSOCIATION WILL BE FORMED TO ACCEPT RESPONSIBILITY FOR MAINTENANCE, CONTROL, SAFETY AND LIABILITY OF PRIVATE DRAINAGEWAYS, DRAINAGE EASEMENTS AND COMMON AREAS". 12. DESIGN SPEED IS 25 M.P.H., DESIGN VEHICLE IS SU-30. 13. ANY RELOCATION, MODIFICATION, ETC. OF EXISTING UTILITIES AND/OR PUBLIC IMPROVEMENTS NECESSITATED BY THE PROPOSED DEVELOPMENT WILL BE AT NO EXPENSE TO THE PUBLIC. 14. THE FOLLOWING UTILITIES WILL PROVIDE SERVICE TO THIS DEVELOPMENT: (A) ELECTRIC TUCSON ELECTRIC POWER COMPANY (B) GAS SOUTHWEST GAS COMPANY (C) WATER ORO VALLEY WATER UTILITY COMPANY (D) SEWER PIMA COUNTY WASTEWATER (E) TELEPHONE QUEST COMMUNICATIONS (F) FIRE PROTECTION GOLDER RANCH FIRE DEPARTMENT (G) CABLE TELEVISION COMCAST 15. DRAINAGEWAYS WILL BE CONSTRUCTED ACCORDING TO APPROVED PLANS PRIOR TO THE ISSUANCE OF ANY PERMIT FROM THE TOWN ENGINEER AND /OR BUILDING OFFICIAL FOR LOTS 5 THRU 12. 16. THIS PROJECT HAS 100 PROPOSED AND 0 EXISTING WASTEWATER FIXTURE UNIT EQUIVALENTS, PER TABLE 13.20.045(E)(1) IN PIMA COUNTY CODE 13.20.045(E). 17. MAINTENANCE AND OPERATION OF THE PRIVATE SANITARY SEWER TO ITS POINT OF CONNECTION TO THE PUBLIC SEWER IS THE RESPONSIBILITY OF THE PROPERTY OWNER OR BUSINESS OWNER'S ASSOCIATION. 18. THE PROPERTY OWNER, HIS SUCCESSORS OR ASSIGNS AGREE TO: 1) KEEP ALL REQUIRED LANDSCAPE AREAS MAINTAINED IN A WEED FREE, TRASH FREE CONDITION. 2) REPLACE ANY DEAD PLANT MATERIALS WITHIN 90 DAYS. 3) MAINTAIN THE IRRIGATION SYSTEM IN A PROPER WORKING ORDER. 19. THE BASIS OF ELEVATION FOR THIS PROJECT IS PANEL POINT #31 IN CONCRETE DECK OF DRAINAGEWAY PER SAID RS ENGINEERING PLANS. SAID ELEVATION BEING 2533.52 (NAVD88 DATUM) -SUBTRACT 2.1' FROM NAVD88 DATUM AS SHOWN HEREON TO ARRIVE AT FEMA DATUM PER FEMA REFERENCE MARK #347. 20. THE BASIS OF BEARINGS FOR THIS PROJECT IS THE EAST LINE OF SECTION 12, BETWEEN THE SOUTHEAST CORNER AND THE EAST 1/4 CORNER THEREOF PER TOWN OF ORO VALLEY, PUSCH VIEW LANE EXTENSION PLANS BY RS ENGINEERING, JOB NO. 0204.00. SAID BEARING BEING NORTH 00"50'39" WEST. 21. THE GROSS AREA OF THIS DEVELOPMENT IS: 38,467 SF OR 0.88 AC NET BUILDING AREA IS: 5,844 SF TOTAL 22. EXISTING ZONING IS C-2 (COMMERCIAL) 23. PROPOSED USE: RESTAURANT - STANDARD OCCUPANCY GROUP: A-2 TYPE OF CONSTRUCTION: V-B 24. THE REQUIRED AMOUNT OF OPEN SPACES IS 10% OR 3,847 SF THE TOTAL AREA OF OPEN SPACES PROVIDED IS 3,850 SF 25. DEVELOPMENT PLANS WILL BE SUBMITTED FOR COMMERCIAL LOTS OR PADS PRIOR TO THE ISSUANCE OF ANY PERMITS BY THE TOWN ENGINEER AND/OR BUILDING OFFICIAL. V 1745 EAST RIVER ROAD - SUITE 101 Lq, TUCSON, AZ 85718 w 520.795.1000 (FAX) 520.322.6956 ENGINEERING COMPANY rickengineering.com Tucson Phoenix San Diego Riverside Orange Sacramento 0 LOT 3 - MERCADO DEL RIO pStk GENERAL NOTES - CONTINUED REQUIRED/ALLOWED PROPOSED 26. SITE/LOT AREA: N/A 0.88 ACRES BUILDING HEIGHT ( H) : 30' MAX 26' SETBACK NORTH: PRIVATE STREET 0' -- EAST: PRIVATE STREET 0' -- SOUTH: PUBLIC STREET 20' MIN 310' WEST: PRIVATE STREET 0' -- 27. PARKING AND LOADING SPACES CALCULATIONS: PARKING REQUIRED PARKING PROVIDED VEHICLE: ----------------- ---------------- RESTAURANT (STANDARD) 5,350 SF 10/1000 SF x 5,844 SF = 58 SPACES 62 SPACES HANDICAP: 51 TO 75 SPACES 3 SPACES 4 SPACES VAN ACCESSIBLE 1 SPACE 2 SPACES BICYCLE (1 PER EACH 20 SPACES REQUIRED) 3 SPACES 3 SPACES LOADING SPACES: 5,000 TO 24,999 SF 1 SPACE 1 SPACE 40 SPACES ON LOT 3 AND 16 SPACES ON LOT 2 WITH A CROSS ACCESS AND PARKING AGREEMENT ADDITIONAL BICYCLE PARKING SPACES ARE PROVIDED AT PUBLIC GATHERING AREAS IN ASSOCIATION WITH THE IMPROVEMENTS OF MERCADO DEL RI(! SCALE: 1" = 100' 1✓U 1 0 1 1 J-11lsu Ill S)fl< -zlo; PG 39 ASSESSOR'S PARCEL NO. PARCEL NO. 224-28-2550 FOR ADDRESSING USE ONLY \\srv_tucl\RicKStandards\lplo-ttVIO\Pen\510.pen DATE: 05-18-2006 ttl 1, tLj ,-V/) 0 -:0 �7 i L r� -� M 1 Q Q THIS PROJECT Al2 4 13 11 3" = 1 MILE OWNER/ DEVELOPER PRIMETIME REAL ESTATE HOLDINGS, LLC 1685 WEST WIMBLEDON WAY TUCSON, AZ 85737 (520) 299-9317 ATTN: MIKE BANKOWSKI LEGEND ITEM 13 1 18 LOCATION MAP SECTION 12, T 12 S. R 13 E G & SRM, TOWN OF ORO VALLEY PIMA COUNTY, ARIZONA LATITUDE 32023'52" LONGITUDE 1100571148" PIMA COUNTY DATUM SYMBOL 7 18 SUBDIVISION BOUNDARY - - - - - - - - - - - - - - - - - - PROPERTY LINE - - - - - - - - - - - - - - - - - - - - - EASEMENT BOUNDARY - - - - - - - - - - - - - - - - - - - EXIST CONTOUR LINE - - - - - - - - - - - - - - - - "' " 2750..... EXIST SPOT ELEVATION - -- - - - -- - - - - - - X 2751.1 LANDSCAPE BUFFERYARD LIMITS - - - - - - - - - - - - - - -- BUILDING SETBACKS - - - - - - - - - - - - - - -- EXIST PAVEMENT EDGE - - - - - - - - - - - EXIST SEWER LINE W/MH -------- - - - - - -- oO--S EXIST WATERLINE W/VALVE - - - - - - - - - - -- - - - - - - ® --W EXIST UNDERGROUND LINE-- - - - - - - - - - - - - - UGE EXIST GAS LINE - - - - -- - - - - - - - - - - -G- EXIST TELEPHONE/TV CABLE LINE - - - -- - - - - - - - - - - - -TES/CATV- EXIST OVERHEAD ELECTRIC LINE - - - - - - - - - - - - - OHE EXIST ELECTRIC/TELE LINE - - - - - - - - - - - - - - - - - EST FLOW ARROW WITH % GRADE - - - - - - - - - - -- - - - % FLOW CONDITIONS - - - - - - - -- - - - - - - - - - - - - 0100 = 15 cfs FLOW ARROW FOR 0100 = DISCHARGE - - - - - - - - - - - - - -- FINISHED FLOOR ELEVATION - - - - - - - - - - - - - F F E BUILDING NUMBER - - - - - - - -- - - - - - - - -- - - -- 19 PARKING SPACES PROVIDED - - - - - - - - - - - - - 5 HANDICAP PARKING - - - - - - - - - - - - - - RETAINING WALL - - - - - - - - - - - - - - - - -- - BASIN OUTLET STRUCTURE - - - - - - - - - - - - - - - - - - o PROPOSED SLOPE - - - - - - - - - - - - - - - - APPROX FINISH GRADE - - - - - - - - - - - - - -- - - - - - FG 00.0 CURB ACCESS RAMPS - - - - - - - - - - - -- - - - -- V, SIGHT VISIBILITY TRIANGLE - - - - - - - - - - - - - - - - �2;'� Zj TRASH ENCLOSURE - - - - - - - --- - - - - - - - - - -- r . EXIST RETAINING WALL - - - - - - - - - - - - - -- 6" CONCRETE VERTICAL CURB PROPOSED STORN DRAIN - - EXIST STORM DRAIN - - - EXIST SIDEWALK & CURB -- - �,CI - r� 3 2008To wr I� ally DEVELOPMENT PLAN FOR �zitllel CV, 0 0 W-46 T VoLis C,H .1 H LOT 3 - MERCADO DEL RIO BK 59, PG 28 LOCATED IN A PORTION OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 12 SOUTH, OV1 2-06-09 RANGE 13 EAST, GILA & SALT RIVER MERIDIAN, TOWN OF ORO VALLEY, OV12-03-22 (PREVIOUS) PIMA COUNTY, ARIZONA. SCALE: 1 = 20� CONTOUR INTERVAL = 1' SHEET 1 OF 3 G: \3243\3540\3540dp01 . dgn 1 8-MAY-2006 07- 54