HomeMy WebLinkAboutOV120624B�OJp-LEYAnj2o2
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Development and Infrastructure Services Department
September 9, 2010
Huw and Cynthia Jones
846 W. Sleeping Snake Place
Oro Valley, AZ 85755
RE: Town of Oro Valley Resolution No. (R)10-08, granting approval of fee -in -lieu of
Recreation Area for Estates at Lambert Lane Final Plat, Lambert Lane
Dear Huw and Cynthia:
At the September 1, 2010 meeting of the Town of Oro Valley Towrr Council, the Council
considered your request for approval of a fee -in -lieu of recreation area for the Estates at
Lambert Lane subdivision in the amount of $835.34 based on a comparable market
assessment. The Town Council approved Resolution (R) 10-08 by a unanimous vote,
granting approval of the proposed $835.34 fee -in -lieu amount for the required 1,025 feet of
recreation area. A copy of the resolution is attached.
At the same meeting, the Town Council also approved the final plat. The $835.34 fee -in -lieu
amount must be submitted and approved prior to staff s approval of the final plat for this
project.
I look forward to the completion of this project. Please do not hesitate to contact me if I can
be of further assistance.
Sincerely, K.&JW4
li-'�
Karen Berchtold, AICP
Senior Planner
Cc: Coordinator
F'
aul Nzomo
Enclosure
&TERMPLUS00MOV 1206-24B\PZ fee -in -lieu TC 9-1-10 action letter.doc
Planning Permitting Inspection & Compliance Engineering Operations Transit
(520) 229-4832 (520) 229-4815 (520) 229-4815 (520) 229-4894 (520) 229-5070 (520) 229-4990
Caring for our heritage, our community, our future.
11000 N. La Canada Drive • Oro Valley, Arizona 85737
fax: (520) 742-1022 • www.orovalleyaz.gov
RESOLUTION NO. (R)10 - 08
A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA,
GRANTING APPROVAL FOR A RECREATIONAL AREA IN -LIEU
FEE FOR ESTATES AT LAMBERT LANE, LOCATED NORTH OF
WEST LAMBERT LANE BETWEEN SHANNON ROAD AND LA
CHOLLA BOULEVARD
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona
vested with all associated rights, privileges and benefits and is entitled to the immunities
and exemptions granted municipalities and political subdivisions under the Constitution
and laws of the State of Arizona and the United States; and
WHEREAS, Coronado Engineering, representing Huw and Cynthia Jones, has requested
approval of a recreation area in -lieu fee associated with a two lot subdivision, Estates at
Lambert Lane, located north of West Lambert Lane between Shannon Road and La
Cholla Boulevard; and
WHEREAS, the required recreation area for this subdivision is 1,025 square feet, . or
about two hundredths of an acre; and
WHEREAS, Coronado Engineering has provided a comparable market assessment instead
of a full appraisal as permitted by Section 26.5(E)(9) of the Oro Valley Zoning Code
Revised (OVZCR); and
WHEREAS, based upon the comparable market assessment, Coronado Engineering has
requested an in -lieu fee of $835.34, or the equivalent of $.81 per square foot of recreation
area required for this subdivision; and
WHEREAS, the Oro Valley Town Council has duly considered the recreation area in -
lieu fee request by Coronado Engineering and conditions (Exhibit "A") at a Public
Hearing, and finds that granting the recreational area in -lieu fee with conditions is
consistent with the Town's General Plan and Town regulations.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley, Arizona that:
SECTION 1. The requirement for submission of a full appraisal is hereby waived.
SECTION 2. The recreational area in -lieu fee request in the amount of $835.34 will
satisfy the 1,025 square feet of required recreational area for the Estates
at Lambert Lane, subject to conditions attached hereto as Exhibit "A"
and is hereby approved.
Ne<icon\Apm6\jui.kV'o.te0'rimn\AGENDA\TC\I�nW_A�� Readuihm6w
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To ao.. V.&Y An—Y
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona
this 1st day of September , 2010
ATTEST:
-R" �" �" " e � ('— r
Kat n E. Cuvelier, Town Clerk
Date: 67- 2 —/,0
TOWN OF ORO VALLEY
00,
Sa`E sh f Aire math, Ma r
APPROVED AS TO FORM:
Tobin Rosen,Town Attorney
Date: 1 /' I ty
TC Regular Session
Date: 09/01 /2010
Requested by:
Department:
SUBJECT:
Karen Berchtold, Senior Planner
Development Infrastructure Services
Information
Item #: 4.
Submitted By: Karen
Berchtold,
Development
Infrastructure
Services
PUBLIC HEARING - RESOLUTION NO. (R)10 - 08 REQUEST FOR APPROVAL OF A RECREATION
AREA IN -LIEU FEE ASSOCIATED WITH A TWO LOT SUBDIVISION, KNOWN AS ESTATES AT
LAMBERT LANE
Explanation: Huw and Cynthia Jones represented by Coronado Engineering request approval of a
recreation area in -lieu fee (Property located north of W. Lambert Lane between Shannon Road and La
Cholla Boulevard, OV12-06-24B).
SUMMARY:
Per Oro Valley Zoning Code Revised (OVZCR), a recreation area must be provided for all subdivisions
at the ratio of one acre for every 85 dwelling units. This project is a two lot subdivision. As outlined in
OVZCR Sec. 26.5.E., the applicant may request an optional in -lieu fee in place of a developed
recreational area, which is subject to Town Council review and approval. The use of an in -lieu fee for this
plat was approved as part of the preliminary plat review.
This request entails review of the in -lieu fee amount.
• The final plat for this project is scheduled for review by Town Council on September 1, 2010.
• Town Council approved the preliminary plat on September 3, 2008.
DISCUSSION:
The required recreation area for this two lot subdivision is 1,025 square feet. OVZCR Section 26.5.E.7.,
notes, "If the proposed subdivision contains twenty (20) parcels or less, the subdivider should pay a fee
equal to the land value, as determined by the Fair Market Value."
The in -lieu fee is determined by calculating the fair market value of the required amount of recreation
area. For required recreation areas less than one acre in size, Town Council may waive the
requirement for an appraisal when the subdivider provides acceptable alternative information to the
Planning and Zoning Administrator and Finance Director.
The applicant submitted a proposal for an in -lieu fee for recreation area (attached). The proposal
provides the land values for three transactions of comparable properties that occurred within the Town of
Oro Valley. The proposal was reviewed and accepted by the Acting Planning and Zoning Director,
Finance Director, and Parks and Recreation Director.
The in -lieu fee will be used to fund future Town recreation facilities. A condition was added to Exhibit A
that requires that the in -lieu fee be paid prior to Town approval of the final plat.
This application was noticed in accordance with the Town notification procedures. To date, no public
comments have been submitted.
FISCAL IMPACT:
Applicant proposes to provide a $835.34 in -lieu fee to be used by Parks and Recreation for provision of
recreational facilities.
CONCLUSION/RECOMMENDATION:
The proposal meets the OVZCR requirements for provision of an in -lieu fee for recreation area.
Staff recommends approval of the $835.34 in -lieu fee for this subdivision's recreation area.
SUGGESTED MOTION:
The Town Council may wish to consider the following motion:
I move to [approve, approve with conditions, OR deny], OV12-06-24B, Resolution No. (R)10-08,
recreation area in -lieu fee proposal in the amount of $835.34 for Estates at Lambert Lane, subject to the
condition listed in Exhibit A, attached herewith.
Attachments
.� 932=24fla- ...
EXHIBIT A
Resolution No. (R) 10-
OV12-06-24B
Estates at Lambert Lane
RECREATION AREA IN -LIEU FEE
1. The $835.34 in -lieu fee must be submitted prior to Town approval of the final
plat.
i
July 21, 2010
Town of Oro Valley
Planning & Zoning
Re: Estates at Lambert Lane
Fee -in -lieu Proposal
Ms. Berchtold:
According to Oro Valley Zoning Code 26.5 E., a Developer may provide to the Town Council an
alternative to building a recreational area when there are less than 20 units to be developed. The
amount of the fee -in -lieu should be equal to the Fair Market Value of the required acreage, at the
proportionate rate of 85 units to one acre. The following are my assumptions and calculations.
First, I asked Jason Foster', Arizona Licensed Real Estate Broker No. LC635438001, to provide me with
three recent comparable transactions. He provided the following:
Property #1
MLS#: 21013164 Land -Lot / Residential
Lot Size: 3 acres Sold Date: 6/10/2010
Property #2
MLS#: 20934338 Land -Lot / Residential
Lot Size: 3.39 acres Sold Date: 1/22/2010
Property #3
MLS#: 20934488 Land -Lot / Residential
Lot Size: 3.34 acres Sold Date: 1/08/2010
Status: Closed Sold Price: 150,250
Lot Size Sold Price/Acre: $50,083.33
Status: Closed Sold Price: 105,000
Lot Size Sold Price/Acre: $30,973.45
Status: Closed Sold Price: 85,000
Lot Size Sold Price/Acre: $ 25,449.10
FMV of 1 acre of improved, subdivided property in Oro Valley in 2010 is the average of the per acre sales
figures from the above: Avg/acre is $35,501.96. A map is attached showing the locations of the lots and
the Lambert Lane development.
The 6.67 acre Lot under consideration, post -subdivision, will comprise two lots, one 3.33 and the other
3.34 acres.
Next, the ratio applied is 2 units to 85 per acre recreational area, so (2/85)*$35,501.96/acre = $835.34.
Therefore I propose to pay $835.34 as a fee -in -lieu of a recreational area. The square footage is
(2/85)acres X 43,560 ft.Z/acre = 1025 ft.z
' Jason L. Foster, AB, GRI,
Keller Williams Southern Arizona
2506 E. Vistoso Commerce Loop
Oro Valley, AZ 85755
'foster@gotucson.com
520-429-2660
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In the above map, "A" is Property 1 (11864 N. Shannon Rd.), "B" is Property 2 (10917 N. Desert Whisper
Way) and "C" is Property 3 (10141 N. Cliff Dweller PI.)
Regards,
Huw R. Jones
Page 2
Sycamore Canyon
Page 1 of 1
Berchtold, Karen
From: Cuvelier, Kathryn
Sent: Thursday, September 09, 2010 9:45 AM
To: Berchtold, Karen
Subject: RE: action from Sept. 1 Town Council meeting
Certainly — here it is:
#4 Hornat/Snider 7 — 0
#5 Snider/Hornat 7 - 0
Kathryn E. Cuvelier, CMC
Town Clerk
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
(520)229-4740
KCuvelier(d)orovalleyaz.gov
From: Berchtold, Karen
Sent: Thursday, September 09, 2010 9:28 AM
To: Cuvelier, Kathryn
Subject: action from Sept. 1 Town Council meeting
Kathi,
I am drafting action letters for two planning items considered and approved by TC at the 9-1-10 meeting
The items are:
#4: Resolution to grant approval of a Fee -in -lieu request for Estates at Lambert Lane Subdivision
#5: Approval of of final plat for Estates at Lambert Lane
Would you be able to provide the votes on these items for me?
Thank you very much,
Karen Berchtold, AICP
Senior Planner
Development and Infrastructure Services Department
520.229.4814 520.742.1022
kberchtolda-oroval leyaz.gov
Caring for our heritage,. our community, our future.
Please consider the environment before printing this email.
09/09/2010
MEMORANDUM
TO: Paul Popelka, Stacey Lemos, Ainsley Legner
FROM: Karen Berchtold
RE: OV1206-24A, Subdivision recreational area requirement and fee in lieu of open
space provision
DATE: July 9, 2010
I am completing a final plat for a two -lot subdivision. The applicant requested to use the "in -lieu
fee" option which was supported by Planning and Zoning and Parks and Recreation, and
approved at the preliminary plat stage. The required recreation area is 1,025 square feet.
The "in -lieu fee" proposal must be prepared by the applicant and submitted to the Planning and
Zoning Administrator, who forwards a recommendation to Town Council for action at an
advertised public hearing.
Additional criteria from the code section:
1. Town Council shall consider the advantages and disadvantages of the proposal,
the benefits afforded to the subdivision, and relative values to community
compared to standard requirement
2. Agreement shall provide for equivalent of park land/and or facilities to Town as
would have been provided by a recreation area
3. If subdivision contains twenty parcels or less, subdivider should pay a fee equal to
the land value, as determined by the Fair Market Value
4. For required recreation areas of one acre or less, TC may waive the requirements
for an appraisal when the subdivider provides acceptable alternative information
to Planning and Zoning Administrator and Finance Director
I need some feedback to confirm whether or not this request can be advanced to the Town
Council in conjunction with the final plat. In looking at which department does what, I came up
with the following:
1. Parks and Recreation:
Does the proposal meet 2. above?
2. Planning and Zoning and Finance:
Last month Acting Planning and Zoning Director Paul Popelka determined that for
this small project, an alternative to a formal appraisal would be appropriate. I'd like to
get some feedback from P&Z and Finance on 4. above: is the attached letter
acceptable, or is more information needed? I've informed the applicant that at a
minimum, we need a map identifying the property locations. I think the letter should
also include the required recreation area of 1,025 square feet.
1 of 2
Based on this the information in this letter, valuation per square foot is .81. I compared this with
a fee -in -lieu request from 2006 for which the valuation was $2.30 per square foot. Given current
market conditions, planning staff thinks this is acceptable.
If you can get back to me by July 15, that would be helpful. I'll be preparing a staff report for the
September 1, 2010, TC meeting. This is time sensitive; the applicant received a one year
extension that expires on September 3, 2010.
Thank you. .
Cc: File
Enclosure
S:\PERMPLUS\DOCS\OV 1206-24A\MEMORANDUM re fee in lieu.doc
2 of 2
Sycamore Canyon
Berchtold, Karen
Page 1 of 1
From:
Lemos, Stacey
Sent:
Thursday, July 15, 2010 8:37 AM
To:
Berchtold, Karen
Subject: RE: Memorandum to get staff feedback on fee -in -lieu request for two -lot subdivision
Karen,
I'm fine with the proposal.
Stacey Lemos, CPA
Interim Assistant Town Manager
Town of Oro Valley, AZ
11000 N. La Canada Dr.
Oro Valley, AZ 85737
Phone: (520)229-4732
Fax: (520)297-0428
slemose-oroval leyaz.4ov
From: Berchtold, Karen
Sent: Wednesday, July 14, 2010 5:08 PM
To: Lemos, Stacey
Subject: FW: Memorandum to get staff feedback on fee -in -lieu request for two -lot subdivision
Stacey,
Did you have any feedback on this proposal?
Thank you,
Karen Berchtold, AICP
Senior Planner
Planning and Zoning Department
Ph (520) 229-4814 F (520) 742-1022
Oro Valley, AZ 85737
From: Berchtold, Karen
Sent: Friday, July 09, 2010 11:19 AM
To: Legner, Ainsley; Lemos, Stacey
Subject: Memorandum to get staff feedback on fee -in -lieu request for two -lot subdivision
Stacey & Ainsley,
Attached you'll find a memo regarding a fee in lieu request for a small subdivision. I'd like to get your
feedback before confirming this can move ahead to Town Council. I've also sent a hard copy, but thought
email would expedite it a bit.
Thank you,
Karen Berchtold, AICP
Senior Planner
Planning and Zoning Department
Ph (520) 229-4814 F (520) 742-1022
Oro Valley, AZ 85737
07/15/2010
o�OJpLLEY gR/2o29
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'cOQNDED �g1p
Development and Infrastructure Services Department
September 9, 2010
Huw and Cynthia Jones
846 W. Sleeping Snake Place
Oro Valley, AZ 85755
RE: Town of Oro Valley Resolution No. (R) 10-08, granting approval of fee -in -lieu of
Recreation Area for Estates at Lambert Lane Final Plat, Lambert Lane
Dear Huw and Cynthia:
At the September 1, 2010 meeting of the Town of Oro Valley Town Council, the Council
considered your request for approval of a fee -in -lieu of recreation area for the Estates at
Lambert Lane subdivision in the amount of $835.34 based on a comparable market
assessment. The Town Council approved Resolution (R) 10-08 by a unanimous vote,
granting approval of the proposed $835.34 fee -in -lieu amount for the required 1,025 feet of
recreation area. A copy of the resolution is attached.
At the same meeting, the Town Council also approved the final plat. The $835.34 fee -in -lieu
amount must be submitted and approved prior to staffs approval of the final plat for this
proj ect.
I look forward to the completion of this project. Please do not hesitate to contact me if I can
be of further assistance.
Sincerely,
I /
Karen Berchtold, AICP
Senior Planner
Cc: V Coordinator
File
Paul Nzomo
Enclosure
S:\PERMPLUS\DOCS\OV1206-24B\PZ—fee-in-lieu TC 9-1-10 action letter.doc
Planning Permitting Inspection & Compliance Engineering Operations Transit
(520) 229-4832 (520) 229-4815 (520) 229-4815 (520) 229-4894 (520) 229-5070 (520) 229-4990
Caring for our heritage, our community, our future.
11000 N. La Canada Drive • Oro Valley, Arizona 85737
fax: (520) 742-1022 • www.orovalleyaz.gov
i
STATE OF ARIZONA )
) SS.
COUNTY OF PIMA )
Monica Akyol being first duly sworn, deposes and says that (s)he is the Inside Sales 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 Tucson; County of Pima, State of Arizona and elsewhere, and the hereto attached:
NOTICE OF HEARING
TOWN OF ORO VALLEY
APPROVAL OF RECREATION/ LAMBERT LN
OV12-06-24B/SEPTEMBER 1, 2010
was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for 1 issues;
that was first made on the 13th day of August 2010 and the last publication thereof was made on the 13th day of
August 2010 ; that said publication was made on each of the following dates, to -wit;
08/13/10
At the Request of. Oro Valley Town Hall
by , Inside Sales Manager subscribed and
vo o before me th ,th y of Aug t 2010 .
v
Notary Public -in and for the County of Pima, State of Arizona
CELINDA ARGUE My commission expires:October 31, 2011 i
Notary Public - Arizona
Pima County
Expires 10/31/2011
NOTICE CF PUBLIC NEARING
Town Council
The Town Council invites the commu-
nity to attend a public hearing on
Wednesday, September 1, 2010, 6
p.m. Oro Valley Town Hall, 11000 N.
La Canada Dr. Oro Valley, Arizona
Public Hearing: Resolution (R )
10-__, OV12-06-24B, Huw and
Cynthia Jones represented by Co-
ronado Engineering requests approval
of recreation area in -lieu fee associated
with a two lot subdivision, Estates at
Lambert Lane, located on West Lam-
bert Lane between Shannon Road and
La Cholla Boulevard.
The meeting will be held in the Town
Council Chambers. The public is en-
couraged to attend and will be invited to
speak. An agenda for this meeting will
be made available at least 24 hours
prior to meeting time and can be viewed
at www.orovalleyaz.00v. For questions
and additional information, please con-
tact Karen Berchtold, Senior Planner, at
(520) 229-4814 or kberchtold@oroval-
leyaz.aov. /s/ Matt Michels Senior Plan-
ner
PUBLISH: The Daily Territorial
August 13, 2010
hrov120624b rm
NOTICE OF PUBLIC HEARING
Town Council
The Town Council invites the community to attend a public hearing on
Wednesday, September 1, 2010,6 p.m.
Oro Valley Town Hall, 11000 N. La Canada Dr.
Oro Valley, Arizona
Public Hearing: Resolution (R) 10- , OV12-06-24B, Huw and Cynthia Jones
represented by Coronado Engineering requests approval of recreation area in -lieu
fee associated with a two lot subdivision, Estates at Lambert Lane, located on West
Lambert Lane between Shannon Road and La Cholla Boulevard.
The meeting will be held in the Town Council Chambers. The public is encouraged to attend
and will be invited to speak. An agenda for this meeting will be made available at least 24
hours prior to meeting time and can be viewed at www.orovalleyaz.gov. For questions and
additional information, please contact Karen Berchtold, Senior Planner, at (520) 229-4814 or
kberchtold(cD,orovalleyaz.gov.
7111"alc5-k�1
Matt Michels
Senior Planner
Posted: 08/10/2010
Time: 3p.m.
By: SLN
S:\permplus\docs\OV1206-24B\PZ_9-1-10 TCnotice inlieu.doc