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Home My WebLink AboutOV120609BAugust 22`h 2009 Ms. Shirley Gay Development Coordinator Community Development Dept Town of Oro Valley RE: Development Plan Extension Request OV-12-06-09, Lot -3, Mercado Del Rio Parcel-224-20-2250 Dear Ms. Gay, My original restaurant partner has and continues to have to experience a series of personal problems that have delayed the project and eventually led to the termination of our partnership. As a result, I have been seeking other investors, and due to the current economic conditions, have had no success in finding any to -date. As the extension granted to me last year expires September 6, 2009, I am forced to request a 24 month extension of the Approval Plan. This, I feel will give me sufficient time to accomplish my goal. Please find a check for the amount of $260 to cover the fee attached to this letter. Thank you in advance for your assistance. Sincerely, Michael J Bankowski 1685 W Wimbledon Way Oro Valley, AZ 85737 J0�%—, p LLEY Ay/ Z 19 �a �t/�TOWN OF ORO VALLEY, PLANNING AND ZONING i . l � 11000 N. LA CANADA DRIVE, ORO VALLEY AZ 85737 PHONE: (520) 229-4800 FAX: (520) 742-1022 www.orovalleyaz.gov APPLICATION FORM �. OV Case # (Office Use Only): Application Type/Reason for request: Extension of Development Plan Approval A. Applicant Name: Michael J Bankowski Engineering Firm: Address: 1685 W Wimbledon Way City: Oro Valley State: AZ Zip: 85737 Telephone: 520-229.9056 Fax: 520-229-9317 Email: mbankowskiOaol.com B. Property Owner (s), if more than one owner, attach list Name: Michael J Bankowski Firm: Address: 1685 W Wimbledon Way City: Oro Valley State: AZ Zip: 85737 Telephone: 520-229-9056 Fax: 520-229.9317 Email: mbankowski(c,aol.com C. Subject Property Parcel/Tax Code: 224-28-2550 Legal Description/Property Address: 450 E.Vuelta Caminata Del Rio Or o Valley, Az 85737 — Lot 3 — Mercado del Rio, Lot 1-16 and Block A Area of property: Community/Regional Commercial Existing Zoning: C-2 Proposed Zoning: Is Proposed Zoning in conformance with General Plan designation? [ x ] N/A [ ] Yes [ ] No General Plan Designation: Existing Land Use: Improved Lot Proposed Land Use: Restaurant D. Previous Applications Relating To This Property Condition Use Permit Board of Adjustment Plat/Development Plan /-OV12-06-09 Rezoning_ GP Amendment Architecture This application is true and correct to the best of my knowledge. I am the owner of the above described property or have been authorized by the owner to make this application.- -22 -oC( Date Signature Revised 11-20-08 TOWN OF ORO VALLEY PLANNING AND ZONING DEPARTMENT 11000 N La Canada Drive, Oro Valley, AZ 85737 (520) 229-4800 — Fax (520) 742-1022 October 12, 2009 Michael J. Bankowski 1685 W. Wimbledon Way Oro Valley, AZ 85737 Fax: 229-9317 Re: OV12-06-09B, Development plan extension request for lot 3 of Mercado Del Rio, located off Pusch View Lane. Dear Michael, At their regular meeting of October 7, 2009, the Town Council voted (7 - 0) to approve the development plan extension request for a period of twenty-four (24) months to expire on September 6, 2011. There were no conditions specified. We look forward to working with you on this project. Please let me know at 229-4817 if you should have any questions. Sincerely, David Ronquillo Senior Planner Town of Oro Valley cc: Shirley Gay S:\PERMPLUS\DOCS\OV1206-09B\TCaction.DOC JGALL: 1" = 100' LOT 3 - MERCADO. 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(j r 1 � ii� ! i { � ; � . ,i } , zif -STREET.)--_...PROJECT CANCHA D5L GOL5 LOT 3 LOTS 1 THRU 5 Town Council Page 1 of 12 MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION October 7, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:00 PM CALL TO ORDER - 5:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor K.C. Carter, Vice Mayor Paula Abbott, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member EXECUTIVE SESSION AT OR AFTER 5:00 PM MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to go into Executive Session at 5:01 p.m. for the following purpose: - Pursuant to A.R.S. § 38-431.03(A)(1) Initial discussion of transition and Town Manager Recruitment Process - Pursuant to A.R.S. § 38-431.03(A)(3) and (A)(7) Consultation for Advice with the Town Attorney regarding the request for leasing of the Municipal Operations Center property to Basis Charter School MOTION carried, 7-0. Mayor Loomis announced that in addition to the Town Council, the Interim Town Manager, the Town Attorney and the Town Clerk, Economic Development Administrator Amanda Jacobs and Finance Director Stacey Lemos would be present in Executive Session for Item 1 and Human Resources Director Sandra Abbey and Finance Director Stacey Lemos would be present for Item 2. MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to go out of Executive Session at 6:20 p.m. http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=754 11/09/2009 Town Council Page 2 of 12 MOTION carried, 7-0. RESUME REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER - 6:35 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor K.C. Carter, Vice Mayor Paula Abbott, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Communications Administrator Mary Davis reviewed the upcoming meetings and events. COUNCIL REPORTS Council Member Kunisch announced that the first annual Iron Kids Triathlon National Championship was held in Oro Valley with over 200 participants from 27 different states. He also reported that the event will be held in Oro Valley for the next two years. Council Member Latas reported that Steam Pump Ranch has been listed on the National Register of Historic Places. She thanked the Historic Preservation Commission, staff and the consultant, Poster Frost, for their efforts in obtaining this designation. She also reported that funding has been restored through the State Heritage Fund and that the Santa Cruz Heritage area has passed the U.S. House of Representatives and will go on to the Senate for their review. Council Member Abbott reported that a mountain lion has been cited in the general vicinity and she cautioned Town citizens to take precautions with their pets. http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=754 11/09/2009 Town Council Page 3 of 12 Council Member Gillaspie reported that he would be traveling to the Arizona Town Hall the first week of November. He stated that topics at the sessions would include taxation and the fiscal revenue crisis. DEPARTMENT REPORTS Town Engineer Craig Civalier reported that on October 29, 2009, the Public Works Department would be hosting an open house regarding the Lambert Lane widening project. Communications Administrator Mary Davis reported that during a conference she attended in September, she gave a presentation on how the Town conducted its 35th anniversary event. The Town's event was considered to be a model for how to do community events on a "Shoe string budget". She also reminded the community that November 1, 2009 was the last day to submit names for the volunteer appreciation nominations. Acting Planning and Zoning Director Paul Popelka reported that on October 26, 2009, staff would be hosting an open house regarding the Cultural Resources inventory. Council Member Abbott reminded the public of the Animal Fair that would be held on October 10, 2009 from 10:00 a.m. to 4:00 p.m. at the James D. Kriegh Park. CALL TO AUDIENCE Geri Ottobani, Oro Valley resident, commented regarding the suggestion that the Town may need to implement a property tax and/or utility tax. She expressed concerns about raising taxes where people live on fixed incomes or have small children. Art Segal, Oro Valley resident, commented on the fact that Study/Special sessions were only audio -streamed. He recommended that all meetings be video -streamed. He also questioned what "issues" might have lead to the Town Manager resigning. Lyra Done, Oro Valley resident, commented that a few weeks ago, the National Association of Realtors declared a Safety Week across the nation. She explained that officers from the City of Tucson, the Town of Oro Valley and Pima County spoke to area realtors regarding problems that may be encountered when entering empty homes. She thanked Sergeant Amy Sloane from the Oro Valley Police Department for her presentation to http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=754 11 /09/2009 Town Council Page 4 of 12 the group. PRESENTATIONS: PAUSE FOR PAWS Council Member Latas stated that puppies, Major and Murphy, would be available for adoption at the Oro Valley Adoption Fair to be held Saturday, October 10, 2009. PRESENTATION OF THE NATIONAL PURCHASING INSTITUTE'S 2009 ACHIEVEMENT OF EXCELLENCE IN PROCUREMENT AWARD TO BRIAN GARRITY, PROCUREMENT ADMINISTRATOR Mayor Looms presented Procurement Administrator Brian Garrity the National Purchasing Institute's 2009 Achievement award. He explained that Mr. Garrity has received this award two years in a row and he was also selected to serve on the National Purchasing Institute's Board of Directors. PRESENTATION CANCELLED: o o -.. MIL-i III PRESENTATION FROM STAFF REGARDING AN UPDATE ON THE PROPOSED TREE LIGHTING CEREMONY Communications Administrator Mary Davis updated the Council on the planning for the upcoming holiday tree lighting festivities. She highlighted the following: — Staff has worked with Jackie Devry from the Holiday Parade Committee. — Staff is recommending that the event be held at Steam Pump Ranch (provides more space for parking and participants). — Two day event (to include the tree lighting, a chili cook -off, children's activities, performances, cookie decorating, crafts). — Staff is working with the Oro Valley Historical Society to have their members be in costume during the event. — Possibly have a non-profit expo area, booths, information and food vendors. — Staff is working on including businesses to participate in a window decorating contest. There will be prizes for businesses that participate. — Dates: December 4th and 5th. Vice Mayor Carter expressed his concern that the Town's tree lighting plans would adversely affect the Holiday Parade. Jackie Devry, Holiday Parade Chair, reported that the Holiday Parade would be held December 12th. She explained that the Town assisted with the parade in http://orovalley.granicus.com/MinutesViewer.php?view id=5&clip_id=754 11/09/2009 Town Council Page 5 of 12 the past but it is now run as a private business. In response to a question from Council Member Latas, Ms. Devry stated that she did not feel that the Town's plans would cause any conflict with the parade. Council Member Abbott commented that her concerns with the event being held at Steam Pump Ranch were that there would be no cover in case of inclement weather and there were no restroom facilities. She also requested a suggestion box for citizen input after the event was held and that the Council be kept informed of the event's planning. In response to concerns expressed by Council Member Abbott, Ms. Davis explained that stabilization continues to take place at Steam Pump Ranch but if there were areas that were not safe, there would be no access allowed. She also stated that they have made plans for tenting should there be inclement weather. 1. CONSENT AGENDA At the request of Council, Mayor Loomis pulled Items H and I for discussion. MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Gillaspie to approve the Consent Agenda with the exception of Items H and I. MOTION carried, 7-0. A. Minutes: September 9, 16, 2009 Click here for September 9 Draft Minutes Click here for September 16 Draft Minutes B. Coyote Run Transit Monthly Operations Report - August 2009 Click here for Item B C. FY 2009/10 Budget update through August 2009 Click here for Item C D. Proposed funding adjustments to the Town's roadway projects on the Pima Association of Governments Transportation Improvement Program for Fiscal Year 2011 to 2015 Click here for Item D http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=754 11/09/2009 "Town Council Page 6 of 12 E. Resolution No. (R)09-62 Authorizing the vacation of a public street (Vistoso Commerce Place) located in Rancho Vistoso Neighborhood 3, east of Innovation Park Drive and south of Ventana Medical Systems Click here for Item E F. Resolution No. (R)09-63 Approving an Intergovernmental Agreement between the Arizona Department of Public Safety and the Town of Oro Valley Police Department regarding the use of Aspen Software to document Motor Carrier Inspections Click here for Item F G. Resolution No. (R)09-64 Approving an Intergovernmental Agreement between the Town of Oro Valley and the Arizona Department of Public Safety for participation in the Gang Immigration and Intelligence Team Enforcement Mission (G.I.I.T.E.M.) Click here for Item G H. Resolution No. (R)09-65 Authorizing and Approving Amendment Number 2 to the Intergovernmental Agreement between the Town of Oro Valley and Pima County for Animal Control Services to set aside incremental license fee increases to fund free spay/neuter clinics in Pima County (PULLED FOR DISCUSSION) Click here for Item H Discussion followed regarding: The fiscal impact to the Town. This item is a candidate for the Town's Community Funding process and should be considered during that cycle. It is an unfunded mandate and would increase Town's bill by $7000 per year. — Requested more information or changes to the following: 1) Modifications to the Animal Control Intergovernmental Agreement (IGA) - provide for more accountability. 2) Need statistics in order to accurately evaluate billing process. Annual bill difficult to follow. 3) See list of licensees in Oro Valley. 4) See number of calls broken down; how many resulted in animals being picked up, information calls, etc. — Pima County Animal Control asking for the Town's support to use monies collected for spay/neuter clinic. Will provide any information that http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=754 11/09/2009 Town Council Page 7 of 12 the Council requests (per Kim Janes, Pima Animal Care Manager). Pet owners pay additional fees for their animals. (If approved by Council, the extra money would go to the spay/neuter program.) MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to adopt Resolution (R)09-65. Further discussion followed regarding continuing the item to get more information, can not support using Town money to fund an initiative in Pima County, have this request go through the Community Funding process, and the need to support spay/neutering at large. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to amend the original motion to continue Resolution (R)09-65 to the first meeting in November. MOTION carried, 7-0. I. Resolution No. (R)09-66 Providing Notice of Intent to_ increase water rates, fees and charges for the Oro Valley Water Utility (PULLED FOR DISCUSSION) Click here for Item I Click here for Water Rates Analysis Report Council Member Garner expressed concerns regarding raising the base commodity water rates and stated that the increase in fees needed to reflect the true impact of the cost of water. Water Utility Director Philip Saletta explained that the Water Utility wanted to make sure that they were fiscally responsible and as an Enterprise Fund, the Water Utility could not impact the General Fund. He also stated that by using five-year projections, they were trying to keep water rates at a level to avoid rate shock in the future. MOTION: A motion was made by Council Member Garner and seconded by Council Member Kunisch to approve Resolution (R)09- 66. MOTION carried, 7-0. J. Resolution No. (R)09-67 Approving a loan in the amount not to exceed $3,403,000.00 from the Water Infrastructure Finance Authority (WIFA) of Arizona for the Oro Valley Water Utility Phase http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=754 11/09/2009 Town Council Page 8 of 12 existing system improvement project(s); authorizing the execution and delivery of loan agreement No. 920176-10; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution and declaring an emergency. Click here for Item J K. Mayor & Council Trip Reports Click here for Item K L. OV12-04-30X Approval of a final plat lot line amendment for lots 27 and 28 of the Oro Valley Marketplace, located on the southwest corner of Water Harvest Way and Oracle Road Click here for Item L M. OV12-06-09B Approval of a development plan time extension to expire September 6, 2011 for Lot 3 of the Mercado Del Rio commercial subdivision, located off Pusch View Lane just west of Oracle Road Click here for Item M 2. CONTINUED PUBLIC HEARING - RESOLUTION NO. (R) 08-82 OV11- 08-04 THE REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FOR PORTIONS OF RANCHO VISTOSO NEIGHBORHOOD 5, GENERALLY BOUNDED ON THE NORTH BY RANCHO VISTOSO BOULEVARD, ON THE EAST BY THE BIG WASH, ON THE SOUTH BY TANGERINE ROAD, AND ON THE WEST BY THE RANCHO VISTOSO BOULEVARD Click here for Item 2 Acting Planning and Zoning Director Paul Popelka stated that staff was requesting that this item be continued to the November 4, 2009 Council meeting in order to consider it in conjunction with the Planned Area Development (PAD) amendment that was being requested for the same area. MOTION: A motion was made by Council Member Gillaspie and seconded by Vice Mayor Carter to continue Resolution (R)08-82, OV11-08-04, to the November 4, 2009 Council meeting. MOTION carried, 7-0. http://orovalley.granicus.con/MinutesViewer.php?view_id=5&clip_id=754 11/09/2009 Town Council Page 9 of 12 Mayor Loomis recessed the meeting at 7:45 p.m. The meeting resumed at 7:55 p.m. 3. DIRECTION TO THE TOWN ENGINEER TO CONDUCT THE SAN JOSE PLAZA TRAFFIC ENGINEERING STUDY Click here for Item 3 Town Engineer Craig Civalier reviewed the background for the San Jose Plaza traffic study. He then highlighted items from the July 16, 2009 public forum as follows: Issues: - Southbound left turn lane. (Arizona Department of Transportation (ADOT) does not support.) - Emergency vehicle response time - Traffic safety Other items: -ADOT and developer agreed to: - Lengthen south bound left turn lane at Oracle Road and El Conquistador Way - Install protected left signal phasing - Modify Greenock/Oracle intersection - Construct right in/out driveways - Traffic study cost would be $24,500 and time period for completion would be January/February 2010 - Funding would be provided by the Highway Fund Discussion followed regarding: - U-turn to head south when leaving San Jose Plaza (look at during traffic study) - Lengthen left turn signal timing at El Conquistador Way - Costs of left turn (Town engineering staff to get estimates) Mayor Loomis opened the floor for public comment. Mark Rusin, owner of The Loop, Taste of Chicago Restaurant, asked that the traffic study be conducted. He stated that there was no ingress/egress for emergency vehicles and there was a serious traffic problem at El Conquistador Way when making a u-turn to head back north to the San Jose Plaza. He further stated that the San Jose Plaza businesses and customers were requesting that a left turn lane be approved. Joe Hornat, Oro Valley resident, commented that this was the opportunity to correct the traffic issues and that the Council should approve the traffic http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=754 11/09/2009 Town Council Page 10 of 12 study. Art Segal, Oro Valley resident, commented that ADOT has added a "no right on red" sign at El Conquistador Way headed on to Oracle Road. He also stated that he feels there is a safety issue for emergency vehicles to access San Jose Plaza. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Kunisch to approve directing the Town Engineer to conduct the San Jose Plaza Traffic Engineering Study and to include the additional u-turn studies for Rockridge Apartments and Pusch Ridge Apartments. MOTION carried, 7-0. 4. DISCUSSION AND POSSIBLE ACTION RELATING TO THE REQUEST FROM BASIS CHARTER SCHOOL FOR THE LEASING OF A PORTION OF THE MUNICIPAL OPERATIONS CENTER PROPERTY TO BASIS CHARTER SCHOOL Click here for Item 4 MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to continue Item 4, consideration of the Basis Charter School, per the applicant's request. MOTION carried, 7-0. 5. APPOINTMENT OF THREE MEMBERS OF THE TOWN COUNCIL TO THE 2009-2010 EMPLOYEE FORUM SUBCOMMITTEE Click here for Item 5 MOTION: A motion was made by Council Member Garner and seconded by Council Member Gillaspie to appoint Mayor Loomis, Council Member Latas and Council Member Gillaspie to the 2009-2010 Employee Forum sub -committee. MOTION carried, 7-0. 6. DISCUSSION AND CONSIDERATION FOR USING ALL OR A PORTION OF $10,000 BUDGET IN THE FISCAL YEAR 2009/10 FOR A FEASIBILITY STUDY FOR THE TOWN TO ASSUME CONTROL OF ANIMAL LICENSING AND ENFORCEMENT FROM PIMA COUNTY TO FUND ANIMAL RESCUE SERVICES WITHIN THE TOWN BY A NOW http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=754 11 /09/2009 Town Council Page 11 of 12 PROFIT ANIMAL RESCUE ORGANIZATION Click here for Item 6 Town Attorney Tobin Rosen explained that Council Member Abbott requested that the Council consider transferring $10,000 originally earmarked for a feasibility study for animal licensing and enforcement to fund animal rescue services by a non-profit animal rescue organization. Council Member Garner commented that this would be funding a 501 C-3 non-profit organization and it should be considered during the Community Funding cycle. He also commented that this would be a violation of Town policy by using contingency funds for recurring expenses. Council Member Abbott stated that the monies have been budgeted so it would not be coming out of the contingency fund. She stated that it was more prudent to look at a no -kill animal shelter or local animal shelter than it was to conduct a feasibility study. Further discussion followed regarding the Community Funding cycle and the fact that the $10,000 was earmarked during the budget cycle as a one-time expenditure for a feasibility study. MOTION: A motion was made by Council Member Abbott and seconded by Vice Mayor Carter to direct staff to contact local non-profit animal rescue or no kill organizations and return to Council with a list of such organizations identifying the following: 1) The nature and amount of services they would be willing and able to provide to Town residents in the amount of $5,000 and; 2) The nature and amount of services they would be willing and able to provide to Town residents in the amount of $10,000. Council Member Latas stated that she could not support the motion as it was essentially funding an unspecified non-profit organization out of cycle for Community Funding. She also stated that the animal control feasibility study was designed to look at a long term sustainable funding stream. Council Member Garner stated that he would not support the motion as it violated Town policy. He stated that the Town is in a fiscal crisis and he felt that either the feasibility study be funded as was voted on or the study not be funded and the monies be left in the Town's General Fund. MOTION failed, 2-5 with Mayor Loomis, Council Member Garner, Council Member Gillaspie, Council Member Kunisch, and Council Member Latas opposed. http://orovalley.granicus.com/MinutesViewer.php?view id=5&clip_id=754 11/09/2009 Town Council Page 12 of 12 7. RESOLUTION (R)09-68 AUTHORIZING AND APPROVING AN EMPLOYMENT AGREEMENT FOR ASSISTANT TOWN MANAGER G. JERENE WATSON TO SERVE AS INTERIM TOWN MANAGER PENDING THE PROCESS TO APPOINT A PERMANENT TOWN MANAGER Click here for Item 7 MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to appoint Assistant Town Manager Jerene Watson as the Acting (Interim) Town Manager subject to existing policies and that we continue Resolution (R)09-68 approving an employment agreement to the next meeting to be held on October 21, 2009. MOTION carried, 7-0. 8. FUTURE AGENDA ITEMS Council Member Latas with a Second from Council Member Gillaspie - To hold an annual Council retreat or day long Study Session/training session with the major topics to include discussion on the Council/Town Manager form of government, roles and duties of Council Members and basic work place law. Council Member Garner with a Second from Council Member Abbott - Study session or direction to look into the possibility of video streaming all Town Council meetings (to include Regular, Special and Study sessions). CALL TO AUDIENCE - No speakers. ADJOURNMENT MOTION: A motion was made by Vice Mayor Carter and'seconded by Council Member Kunisch to adjourn at 8:45 p.m. MOTION carried, 7-0. http://orovalley.granicus.com/MinutesViewer.php?view_id=5&clip_id=754 11/09/2009 TOWN OF ORO VALLEY COUNCIL COMMUNICATION TO: HONORABLE MAYOR & COUNCIL MEETING DATE: October 7, 2009 FROM: Paul R. Popelka, RLAIAICP, Acting Planning and Zoning Director SUBJECT: OV12-06-09% Michael Bankowski, representing the owner and applicant, requests approval of a development plan extension for lot 3 of the Mercado Del Rio commercial subdivision, located off Pusch View Lane. EXECUTIVE SUMMARY The project is located within Mercado Del Rio off Pusch View Lane just west of Oracle Road. The original development plan proposes a 5,844 square foot restaurant building and was approved by Town Council on July 1% 2006. The applicant was granted a one year (1) time extension, which expired on September 6, 2009. The applicant is now requesting a second extension for twenty four (24) months to be valid until September 6, 2011. 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 expires on September 6, 2009, and the request for this time extension was received on August 24, 2009. Time limits for development plans are common in zoning codes. Their 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. Current Conditions • Mercado Del Rio consists of 16 commercial lots. • The property has been previously graded. • The zoning is C-2, Commercial District. Proposed Improvements • Lot 3 consists of .88 acres and is currently vacant. • A 5,844 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. Approvals to date 9 The Town Council approved the development plan for this project on July 19, 2006. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 • The Development Review Board approved the landscape plan and architectural elevations on rune 13, 2006. • The Town Council approved a one year (1) development plan time extension on September 6, 2008. Surroundinz 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 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; however, the revised landscape code is in the process of being finalized and approved. 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 was approved in 2006. 2. The revised landscape code is in the process of being finalized and approved. SUGGESTED MOTION The Town Council may wish to consider one of the following suggested motions: I move to [approve, approve with conditions, OR deny] OV12-06-09B, Micheal Bankowski, representing the owner and applicant, requests approval of a development plan extension for a period of twenty four (24) months to expire on September 6, 2011. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 Attachments: 1. Applicant's Letter of Request 2. Site Plan David Andrews, Town Manager cc: Shirley Gay, OV Development Coordinator Michael Bankowski, Fax: 229-9317 Project Planner: David Ronquillo, Senior Planner S:\PERMPLUS\DOCS\OV 1206-09BVFC.1tP1'extension10-7-09.doc August 22`h 2009 Ms. Shirley Gay Development Coordinator Community Development Dept Town of Oro Valley RE: Development Plan Extension Request OV-12-06-09, Lot -3, Mercado Del Rio Parcel-224-20-2250 Dear Ms. Gay, ,,,11 1=; it ,,....�..--a �' '� � .,•,�f}�: _J. My original restaurant partner has and continues to have to experience a series of personal problems that have delayed the project and eventually led to the termination of our partnership. As a result, I have been seeking other investors, and due to the current economic conditions, have had no success in finding any to -date. As the extension granted to me last year expires September 6, 2009, I am forced to request a 24 month extension of the Approval Plan. This, I feel will give me sufficient time to accomplish my goal. Please find a check for the amount of $260 to cover the fee attached to this letter. Thank you in advance for your assistance. Sincerely, Michael J Bankowski 1685 W Wimbledon Way Oro Valley, AZ 85737