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HomeMy WebLinkAboutOV1800713UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS, IN LIEU OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE DESCO GROUP, INC. The undersigned, being all of the members of the Board of Directors of THE DESCO GROUP, INC., a Missouri corporation (the "Corporation"), do hereby consent, effective January 8, 2018, in lieu of a Special Meeting of the Board of Directors on that date, and pursuant to law, to the following action: RESOLVED, that the following persons be and they hereby are elected to the offices of the Corporation set forth opposite their respective names, to serve until the next Annual Meeting of the Board of Directors ott Corporation or until their respective successors are duly elected and qualified: C.1 nn in Craig D. Schnuck Chairman of the Board of Directors MAR 13 1018 Mark J. Schnuck Scott C. Schnuck Todd R. Schnuck Terry E. Schnuck Bradley R. Foss Melissa Setser Christopher P. Bertel Jill Duchinsky Franklin Sears Kevin Conway Williarn Kline Jennifer Mitchell David W. Berl Diana Nilhas and Chairman of the Executive Committee Vice President Vice President Assistant Secretary President & Chief Executive Officer Senior Vice President of Portfolio Management Vice President of Legal Vice President, Controller & Secretary Vice President of Development, Design & Construction Vice President of Acquisitions Vice President of Leasing Vice President of Property Management Treasurer Assistant Treasurer BE IT FURTHER RESOLVED, that the Corporation does not have an Executive Vice President (the "Vacant Office"), as same may be appointed from time to time in accordance with Article IV of the Bylaws of the Corporation; and BE IT FURTHER RESOLVED, that the Board of Directors of the Corporation will execute a resolution appointing officers to the Vacant Office if and when the Board of Directors deems such activity necessary for the Corporation; and #420439 Unanimous Written Consent of the Board of Directors — The DESCO Group, Inc. in Lieu of a Special Meeting of the Board of Directors appointing New Officers January 1, 2018 Page 2 of 2 BE IT FURTHER RESOLVED, that the actions taken by the Officers of the Corporation since the last preceding Annual Meeting of the Directors of the Corporation be and they hereby are approved, ratified and adopted; and BE IT FURTHER RESOLVED, that this Unanimous Consent be filed by the Secretary of the Corporation with the Minutes of the Corporation; and BE IT FURTHER RESOLVED, that these resolutions may be executed in any number of counterparts, if applicable, with the same effect as if all signing parties had signed the same docurnent and all counterparts construed together and constituting one and the same instrument. IN WITNESS WHEREOF, the undersigned, being all of the Directors of the Corporation, have executed this Consent effective as of the day and year first above written. Craig D. SeMuck Terry E. S (muck Mark J. Schnuck r Todd R. Schnuck BEING ALL OF THE DIRECTORS #420439 February 13, 2018 **A*44iph*� MAR 13 2018 Re: Property Owner Authorization — Miller Ranch To Whom It May Concern: I am the authorized representative for the owner of the real property located near the northwest corner of Tangerine Road and La Canada Drive, Pima County Tax Assessor Parcel number 219-47-005A (the "Property"). The purpose of this letter is to authorize DSW Commercial ("DSW") along with any consultants DSW hires, including, but not limited to, Rick Engineering and Lazarus, Silvyn & Bangs P.C. to pursue and process any applications related to the development of the Property. This authorization includes, but is not limited to, any requests for rezoning or other zoning entitlements from the Town of Oro Valley ("Town"), building, right-of-way or other permits required from the Town. Sincerely, DESCO-MILLER, LLC, an Arizona limited liability company By: DAZE -Miller Ranch, LLC, a Missouri limited liability company, its sole manager By: The DESCO Group, Inc., a Missouri corporation, its sole manager By. i tJ�^ 12., Name: Bradley R. Foss Title: President Public Outreach Plan Miller Ranch Rezoning December 14, 2017 Updated February 28, 2018 Parcel No. 219-47-005A Reference No. OV1702695 Prepared by: LAW OFFICES OF Lazarus, Shp & Bangs, P.C. A PROFESSIONAL CORPORATION Contact: Robin Large 5983 E. Grant Road, Ste. 290 Tucson, Arizona 85712 rlarge@lsblandlaw.com (520) 207-4464 0 rm MAR V32018 ................... bj1%DD1V5 Miller Ranch Rezoning Public Outreach Plan Below is the Public Outreach Plan (the "Outreach Plan") for the proposed residential development near the northwest corner of Tangerine Road and La Canada Drive (the "Property"). A rezoning is required to permit the proposed residential density at this location. This Outreach Plan is required by the Town of Oro Valley (the "Town") Zoning Code, § 22.15(D). Proiect Description The Owner is proposing to rezone the Property from R1-144 to R1-10, which is supported by the 2014 General Plan Amendment that changed the Property's land use designation to Medium Density Residential and limited any future rezoning to 2.5 RAC. The proposed development is for 29 single-family residences at a maximum density of 1.8 residences per acre ("RAC"). A combination of 12,500- and 10,000-square-foot lots will be developed with the larger lots located along the western Property boundary. The Concept Plan features generous setbacks and bufferyards with enhanced landscaping treatment along the north and west boundaries where adjacent to existing residential uses. As discussed below, the Owner has also agreed to limit the westernmost lots to single -story. Approximately 6 acres (37 percent) of the site will be set aside as open space and common area. Primary access to the Property will be via La Canada Drive through the technology park and retail center. No access or improvements to Sunkist Road are proposed. Stakeholders & Meetinia Notification Notice was provided to all interested stakeholders at least 15 days prior to the meeting date. We have identified the following stakeholders for this process: • Property owners within 600 feet of the Property • Adjacent property owners with whom discussions and negotiations were held during previous entitlement processes for this Project. • The Town of Oro Valley Proposed Neighborhood Meeting Process The Project's neighborhood meeting process will meet or exceed the Neighborhood Meeting Requirements set forth in the Town's Zoning Code, § 22.15(F). The process is as follows: 1. Outreach will include at least one neighborhood meeting. This meeting will serve two purposes: first, it will be an educational session with neighbors, other stakeholders and the Town's project planner to review and discuss the process and applicable planning and zoning regulations. Second, the meeting will be an opportunity to present the project, solicit feedback and address issues and concerns. t Miller Ranch Rezoning Public Outreach Plan Page 3 After the meeting, the applicant will work with Town staff to determine whether future meetings are required based on any substantial changes or mitigation. The applicant will work with Town staff to schedule any additional public meetings as necessary. If necessary, we will meet individually with interested stakeholders to discuss issues and mitigation solutions. These meetings will occur as often as needed. 2. The above public meeting(s) will be held in a facility that is accessible to the general public and provides access to people with disabilities. 3. The above public meeting(s) will be scheduled on a weekday evening, or on another day to meet the needs of the neighborhood, if appropriate. 4. We will coordinate with Town staff to provide adequate notice as required by the Town's Zoning Code. In addition, we will provide notice to all the above -mentioned stakeholders, if appropriate. Public Outreach Update, February 28, 2018 We held a neighborhood meeting on January 10, 2018, to which all the stakeholders identified in the section above were invited. Approximately 30 residents attended the meeting, along with several Oro Valley Town Council Members and Planning & Zoning Commissioners. Because the only issues raised were those that had been discussed during the previous rezoning process (i.e. access to the Project/Sunkist Road improvements, Project density, building height and landscape bufferyards), it was determined that a second neighborhood meeting would not be required. Since the meeting in January, we have continued our public outreach efforts by engaging with our closest neighbors. We have had one-on-one meetings with the property owners adjacent to the Project. Based on their feedback, we have modified our original proposal to address their concerns: the proposed homes located along the west and north Property boundaries will be limited to single -story construction, and enhanced landscape bufferyards with mature landscaping (e.g. larger, boxed trees) will be provided. Together, these measures will help mitigate any potential negative impacts on the neighbors' viewsheds and address their concerns regarding privacy. The neighbors are divided on the proposed access to the Project. (The proposed primary access to the Project is via La Canada Drive.) Some would like to see Sunkist Road paved and serve as the main entrance to the project, while others feel strongly that improvements to Sunkist Road will diminish the rural character of their neighborhood and their property values. Although some neighbors at the January 10th meeting voiced concerns about the Project density, the most immediate adjacent owners understand that the overall density is less than 2 residences per acre and that the lot sizes (12,500 and 10,000 square feet) are required in order to preserve the natural wash on the Property. The applicant will continue to meet with neighbors as requested and desired throughout the rezoning process. Town of Oro Valley Community and Economic Development Department June 13, 2018 Robin Large, et al. Lazarus, Silvyn & Bangs, P.C. 5983 E. Grant Road, Ste. 290 Tucson, Arizona 85712 rlarge a@lsblandlaw _com Re: Miller Ranch Rezoning Town Council action letter, OV1800713 Dear Robin, et al., At their regularly scheduled meeting on June 6, 2018, the Town Council conditionally approved your requested rezoning, subject to the conditions included in Ordinance No. 18 — 09 (see attached). Please provide a revised Site Analysis document and Tentative Development Plan addressing the conditions of approval. Included with the submittal should be all necessary legal descriptions for to allow Town Staff to update existing maps and associated GIS information. Should you have any questions, please contact me at (520) 229-4812. Sincerely, Michael Spaeth, AICP, CPM Current Planning Principal Planner, Community and Economic Development Department Town of Oro Valley 520.229.4812 mspaeth -orovalleyaz.gov cc: Michael Sarabia, DAZ Miller Ranch Rick Engineering (tmil(pr@rickengineering _com) File Oro Valley, its in our nature. 11000 N. La Canada Drive, Oro Valley, Arizona 85737 www.orovalleyaz.gov I phone: (520) 229-4800 1 fax: (520) 742-1022 ORDINANCE NO. (0)18-09 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING A REZONING REQUEST BY LAZARUS, SILVYN & BANGS, P.C. , FOR A 16.1 ACRE PROPERTY LOCATED NEAR THE NORTHWEST CORNER OF TANGERINE ROAD AND LA CANADA DRIVE TO BE REZONED FROM R1-144 TO R1-10 AND A REQUEST TO UTILIZE THE REDUCED LOT WIDTH AND REDUCED BUILDING SETBACK FLEXIBLE DESIGN OPTIONS WHEREAS, Lazarus, Silvyn & Bangs, P.C., (the "Applicant"), applied for a rezoning from R1-144 to R1-10 for a 16.1 — acre property located near the northwest corner of Tangerine Rd and La Canada Dr., see map of property as depicted on Exhibit "A" attached hereto; and WHEREAS, the current zoning of R1-144 allows one lot per 144,000 square feet; and WHEREAS, the Applicant wishes to change the zoning to R1-10 to develop a 27 — lot residential subdivision; and WHEREAS, the Application also requests use of two flexible design options enabled by the Environmentally Sensitive Lands regulations: 1) reduced lot widths from 80 feet to 70 feet, and 2) reduced building setbacks; and WHEREAS, the Applicant's request for rezoning complies with the OVZCR; and WHEREAS, the Applicant's request for rezoning complies with the applicable General Plan requirements; and WHEREAS, on May 1, 2018, the Planning & Zoning Commission recommended approval subject to conditions for rezoning the property from R1-144 to R1-10 and two flexible design options with conditions; and WHEREAS, the Town Council has duly considered the Applicant's request for rezoning for a 16.1 — acre property located near the northwest corner of Tangerine Road and La Canada Drive. NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona that the rezoning requested by the Applicant, applied for a rezoning and requested flexible design options for the property located near the northwest comer of Tangerine Road and La Canada Drive is hereby approved with the conditions attached hereto as Exhibit `B". NOW THEREFORE BE IT FURTHER ORDAINED that: All Oro Valley ordinances, resolutions or motions and parts of ordinances, resolutions or motions of the Council in conflict with the provision of this Ordinance are hereby repealed. 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, on this 6t' day of June, 2018. ATTEST: Michael Standish; Town Clerk Date: � 18 115 PUBLISH: DAILY TERRITORIAL JUNE 11, 12, 13, 14, 2018 TOWN OF ORO VALLEY A A� - - //. /�" I :' - n - Dr. Satish . H ath, Mayor APPROVED AS TO FORM: Tobin Sidles//,..Legal Srvices irector Date: eQ A/if POSTED: 6/11/18 - 7/11A18 EXHIBIT "A" MAP OF PROPERTY EXHIBIT "B" CONDITIONS OF APPROVAL PLANNING 1. Homes on Lots 1-7 and 24-26 as shown on the rezoning Tentative Development Plan (dated 5-1-18) are limited to 1-story. 2. Homes on Lots 1-7 as shown on the rezoning Tentative Development Plan (dated 5-1-18) are limited to a minimum lot size of 12,000 sf. 3. The applicant shall restore the wash along the eastern boundary of the property. The required restoration of the wash shall be completed prior to 35% of building permits within the subdivision (10 homes) being issued. 4. Enhanced buffer yards (western and northern boundaries) shall include a minimum of 50% 244nch box trees or salvaged trees as shown in Site Analysis Exhibit II-15-A. 5. The subdivisions governing C, C and R's shall include an acknowledgement of livestock properties, and associated impacts, within the area. 6. Address all comments in letter dated 4/17/2018 ENGINEERING 7. Primary access shall be provided on Sunkist Road. 8. Provide an updated Traffic Impact Analysis documenting the required access from Sunkist Road, including verification of the corresponding existing left -turn lane capacity along La Canada Drive. 9. The developer shall improve Sunkist Road along the property frontage and shall tie -into the portion of Sunkist Road improved by the La Canada Ridge subdivision to the east. Sunkist Road improvements shall include an all-weather access drainage crossing, asphalt pavement and a concrete sidewalk along the south side of the street. PO J�Y d � OVNDED Town of Oro Valley Community and Economic Development Department May 7, 2018 Robin Large, et al. Lazarus, Silvyn & Bangs, P.C. 5983 E. Grant Road, Ste. 290 Tucson, Arizona 85712 rlarge@Isbl_andlaw.com Re: Miller Ranch Rezoning Planning and Zoning Commission action letter, OV1800713 Dear Robin, et al., At their regularly scheduled meeting on May 1, 2018, the Planning and Zoning Commission recommended conditional approval of your requested rezoning, subject to the conditions included in Attachment 1(see attached). The item has been scheduled for consideration by Town Council on June 6, 2018. The applicant is expected to attend the meeting and be prepared to give a presentation and answer questions. Please provide a presentation to staff no later than June 5, 2018 at 12PM. Should you have any questions, please contact me at (520) 229-4812. Sincerely, Michael Spaeth, AICP, CPM Current Planning Principal Planner, Community and Economic Development Department Town of Oro Valley 520.229.4812 mspaeth -orovalleyaz.gov cc: Michael Sarabia, DAZ Miller Ranch Rick Engineering (tmiller@rickengineering.com) File Oro Valley, it's in our nature. 11000 N. La Canada Drive, Oro Valley, Arizona 85737 www.orovalleyaz.gov I phone: (520) 229-4800 1 fax: (520) 742-1022 oPOJPk�EY AHi�oy9 TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT & PUBLIC WORKS DEPARTMENT 11000 N. LA CANADA DRIVE, ORO VALLEY, AZ. 85737 PHONE: (520) 229-4800 FAX: (520) 742-1022 Y i. www.orovalleyaz.gov DED �91A 1.2 GENERAL APPLICATION FORM Office OV Case #: UV 1 Application ❑ Type Major General Plan Amendment ❑ Final Plat , M ❑ Rezoning/PAD Amendment Area Development ❑ El Pre -Application MAR � 3 Zoning Verification 2018 ❑ Conditional Use Permit ❑ Sign Criteria ❑ Zoning Code Amendment ❑ Sign - PAD ExemptiAy. ................... ❑ Conceptual Site Plan ❑ Master Sign Program"" ❑ Conceptual Public Art ❑ Communication Facility — Tier 1 and 2 Minor ❑ Conceptual Architecture ❑ Communication Facility — Major ❑ Final Site Plan ❑ Revised Development Plan ❑ Conceptual Landscape Plan ❑ Other Subject Property Information: Address: 1431, 1445 & 1451 W. Sunkist Road Parcel/Tax Code: 219-47-005A Subdivision / Commercial Center Name: Miller Ranch - Master Development Plan Book / Page or Sequence Number: Book 36, Page 8 Lot Number(s) Legal Description: PTN W2 E2 E2 SE4 16.1 AC Section/Township/Range: Section 34/T11 S/R13E Area of Property: 16.1 AC Existing Land Use: vacant Proposed Land Use: single-family residential Applicant Information: Applicant *: * If more than one, attach list Name: Robin Large Firm: Lazarus Silvyn & Bangs P.C. Address: 5983 E. Grant Road, Ste. 290 City: Tucson State: AZ Zip: 85712 _ Telephone: (520) 207-4464 Fax: Email: rlarge&lsblandlaw.com Property Owner(s) if different from Applicant *: Name: Bradley R. Foss Firm: DESCO-Miller LLC Address: 25 N. Brentwood Blvd. City: St. Louis State: MO Zip: 63105 Telephone: (214) 378-1oo2 Fax. - Consultant: Engineering (Discipline) Name: Tri Miller Email: Firm: Rick Engineering Address: 3945E Ft. Lowell Rd., Ste. 111 City: Tucson State: AZ Zip: 85712 Telephone: (520) 795-1000 Fax: Email: tmiller(Wrickengineering.com Project Description/Narrative: See attached narrative. hereby certify that I have read and examined this application and know the same to be true and correct. I am the owner of the property or the Owner's authorized representative, and if not the owner, I have obtained the owner's permission to perform stated work. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The approval of this application does not presume to give authority to violate or cancel the provisions of any other federal, state or local law for which this project may be subject to. Notice: It is the applicant/owner's responsibility to ensure all private rules and regulations (such as Covenants, Conditions & Restrictions (CC&R's)) of the subdivision and/or commercial center are adhered to. Contact your Home Owners Association or property management to determine applicable requirements. It is also the applicant's responsibility to coordinate with all outside agencies to secure their acceptance or clearance. Failure to do so may delay issuance of permits. See attached list of agencies. lzak r� M , Lrt f�jc'i, O 2 ' 2 Z- / Applicant's Signat a Print Name Date Important Note: All submittals received after 4:00 p.m. will be processed the next day Submittals will be rejected if: • Not folded using Pima County fold & collated; • There are missing items on the checklist unless otherwise approved by Planning and Zoning Administrator or Town Engineer. • Re -submittals cannot be accepted without a transmittal and a written response to staff comments. 2 Rezoning Application Project Description/Narrative Miller Ranch Rezoning DESCO-Miller, LLC (the "Owner") is proposing to rezone approximately 16.1 acres of vacant land, Pima County Assessor Parcel No. 219-47-005A (the "Property"), near the northwest corner of La Canada Drive and Tangerine Road. In 2014, the Town Council approved an amendment to "Your Voice, Our Future" General Plan ("Plan Amendment") to permit a future rezoning to single-family residential uses at medium densities with a maximum of 2.5 residences per acre ("RAC"). Subsequently, the Owner filed a rezoning application. That rezoning application was withdrawn in September 2015 with the stated intent to resubmit at a later date. The existing zoning is 111-144, and the proposed zoning designation is R1-10. The Owner has been working with the Town and neighbors since 2004 on a master plan for the property to the east and this Property. This Property has always been envisioned as a transition between the major arterials and the commercial/tech park uses on the east and south to the lower -density residential uses to the north and west. The eastern property is now developed with the 33-foot Leman Academy Phase I, with both Phase II for Leman and additional commercial uses planned. In advance of the rezoning the Property as the transition parcel, the Town Council approved a 2014 Plan Amendment to change the Property's land use designation to Medium Density Residential with a limitation of 2.5 RAC. Approval of the Plan Amendment was based on an analysis of existing and future surrounding land uses and strong land planning principles. Throughout the rezoning process, all iterations of the proposal have been at a density lower than the 2.5 RAC maximum. After the neighborhood meeting and meetings with the neighbors directly adjacent to the west, we agreed to limit the homes on the west to single -story construction. The current project proposal is compatible with surrounding uses, which include single-family residential to the north and west, a new elementary school (Leman Academy) and tech park uses to the east, and future commercial uses adjacent to Tangerine Road on the south. The Owner is proposing to develop 29 single-family residences at a maximum density of less than 2 homes per acre (1.8 RAC) (the "Proposal"). A combination of 12,500- and 10,000-square-foot lots will be developed with the larger lots located along the western Property boundary. The proposal features generous setbacks and bufferyards with enhanced landscaping treatment along the north and west boundaries where adjacent to existing residential uses. Primary access to the Property will be via La Canada Drive through the technology park and retail center. Access to Sunkist Road will be limited to emergency access only. The Property is subject to the Town's Environmentally Sensitive Lands ("ESL") requirements. There are two ESL designations on the Property: Critical Resource Area ("CRA") and Resource Management Area Tier 2 ("RMA Tier 2"). The CRA encompasses 3.5 acres of the Property and a minimum Page 1 Rezoning Application Project Description/Narrative of 95 percent of this area must be preserved. RMA Tier 2, which covers 12.6 acres, has a preservation requirement of 25 percent. The Proposal complies with these preservation requirements, and a total of 6.4 acres (approximately 40 percent) of the Property will be set aside as open space and common area. Because the Proposal exceeds the minimum ESL preservation requirements, the Owner is requesting certain development incentives, as outlined in Section 27.10 of the Oro Valley Zoning Code. These incentives include: • Wash restoration credit A 1.2-acre credit will be applied towards the overall ESL requirements in exchange for enhancing approximately 2 acres of disturbed area in the existing wash. • Reduced building setbacks & lot width reduction Acknowledging the odd shape of the Property, reduced setbacks in keeping with R1-7 requirements and lot width reductions for a limited number of lots are requested. This will grant the design flexibility needed to provide a varied streetscape and enhanced landscape borders. Page 2