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AGENDA
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
JULY 18, 2018
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
REGULAR SESSION AT OR AFTER 4:00 PM
CALL TO ORDER
ROLL CALL
EXECUTIVE SESSION - 1. Pursuant to ARS 38-431.03(A)(3) and (A)(4) for discussion and consultation with the
attorneys of the public body for legal advice regarding contract negotiations. 2. Pursuant to ARS
38-431.03(A)(3) and (A)(7) for discussion and consultation with the attorneys of the public body for legal advice
regarding settlement negotiations
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
UPCOMING MEETING ANNOUNCEMENTS
COUNCIL REPORTS
DEPARTMENT REPORTS
The Mayor and Council may consider and/or take action on the items listed below:
ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING
INFORMATIONAL ITEMS
1.Councilmember Hornat - 2018 AZAPA Land Use Law Update Trip Report
CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town
CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town
Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual
Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or
respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action
on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you
wish to discuss when completing the blue speaker card.
PRESENTATIONS
1.Proclamation - Drowning Impact Awareness Month
2.Presentation from the Oro Valley Optimist Club regarding veterinarian care funding for Oro Valley Police
Canines after retirement
CONSENT AGENDA
(Consideration and/or possible action)
A.Minutes - June 6, 2018
B.Fiscal Year 2017/18 Financial Update through May 2018
C.Resolution No. (R)18-28, authorizing and approving a High Intensity Drug Trafficking Area (HIDTA) grant
agreement with the City of Tucson, allowing for one (1) officer to be assigned to the Pima County HIDTA
Investigative Task Force (PCHITF)
REGULAR AGENDA
1.DISCUSSION AND POSSIBLE ACTION REGARDING THE CONCEPTUAL SITE PLAN, LANDSCAPE
PLAN AND PHASE I ARCHITECTURE FOR TWO OFFICE BUILDINGS, LOCATED ON THE WEST
SIDE OF ORACLE ROAD, JUST NORTH OF GREENOCK DRIVE
2.DISCUSSION AND POSSIBLE ACTION REGARDING A CONCEPTUAL SITE PLAN AND LANDSCAPE
PLAN FOR VICTORY WORSHIP CENTER AND SPRINGBOARD YOUTH CRISIS CENTER, LOCATED
ON THE NORTHWEST CORNER OF TANGERINE ROAD AND COMO DRIVE
3.DISCUSSION AND POSSIBLE ACTION ON AMENDING SECTION 25.1 OF THE ORO VALLEY
ZONING CODE REGARDING STANDARDS FOR COMMUNICATION FACILITIES
a. RESOLUTION NO. (R)18-29, DECLARING THE PROPOSED ZONING CODE AMENDMENT TO
CHAPTER 25 REGARDING STANDARDS FOR COMMUNICATION FACILITIES, PROVIDED IN
EXHIBIT "A" WITHIN ATTACHMENT 1 AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD
b. PUBLIC HEARING: ORDINANCE NO. (O)18-11, AMENDING CHAPTER 25 OF THE ORO VALLEY
ZONING CODE REGARDING COMMUNICATION FACILITIES
4.DISCUSSION AND POSSIBLE ACTION ON A PROPOSED COMMUNICATION FACILITY
LOCATED ON THE SAHUARO VISTA VETERINARY CLINIC PROPERTY, NEAR THE SOUTHWEST
CORNER OF COOL DRIVE AND ORACLE ROAD
5.DISCUSSION AND POSSIBLE ACTION ON AMENDING CHAPTER 23 OF THE ORO VALLEY
5.DISCUSSION AND POSSIBLE ACTION ON AMENDING CHAPTER 23 OF THE ORO VALLEY
ZONING CODE REGARDING ATTACHED DWELLINGS IN THE R-6 ZONING DISTRICT AND OTHER
RELATED REVISIONS
a. RESOLUTION NO. (R)18-30, DECLARING THE PROPOSED ZONING CODE AMENDMENT TO
CHAPTER 23 RELATED TO ATTACHED DWELLINGS IN THE R-6 ZONING DISTRICT AND OTHER
RELATED REVISIONS, PROVIDED IN EXHIBIT "A" WITHIN ATTACHMENT 1 AND FILED WITH THE
TOWN CLERK, A PUBLIC RECORD
b. PUBLIC HEARING: ORDINANCE NO. (O)18-12, AMENDING CHAPTER 23 OF THE ORO VALLEY
ZONING CODE TO ALLOW ATTACHED DWELLINGS IN THE R-6 MULTI-FAMILY DISTRICT AND
OTHER RELATED REVISIONS
FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council
may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)
CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town
Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual
Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or
respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action
on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you
wish to discuss when completing the blue speaker card.
ADJOURNMENT
POSTED: 7/11/18 at 5:00 p.m. by pp
When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours
prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00p.m.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability
needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council
meeting at 229-4700.
INSTRUCTIONS TO SPEAKERS
Members of the public have the right to speak during any posted public hearing. However, those items not
listed as a public hearing are for consideration and action by the Town Council during the course of their
business meeting. Members of the public may be allowed to speak on these topics at the discretion of the
Chair.
If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on
the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card
which item number and topic you wish to speak on, or if you wish to speak during “Call to Audience”,
please specify what you wish to discuss when completing the blue speaker card.
Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested
in addressing.
1. For the record, please state your name and whether or not you are a Town resident.
2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be
allowed to address the Council once regarding the topic being discussed.
3. Please limit your comments to 3 minutes.
4. During “Call to Audience” you may address the Council on any issue you wish.
5. Any member of the public speaking must speak in a courteous and respectful manner to those present.
Thank you for your cooperation.
Town Council Regular Session 1.
Meeting Date:07/18/2018
Submitted By:Lynda Koepfer, Town Manager's Office
Information
Subject
Councilmember Hornat - 2018 AZAPA Land Use Law Update Trip Report
Attachments
Hornat 2018 AZAPA Land Use Law Update Trip Report
Town Council Regular Session 1.
Meeting Date:07/18/2018
Proclamation - Drowning Impact Awareness Month
Information
Subject
Proclamation - Drowning Impact Awareness Month
Summary
Attachments
Proclamation
Town Council Regular Session 2.
Meeting Date:07/18/2018
Presentation - Veterinarian Care for Retired Police Canines
Information
Subject
Presentation from the Oro Valley Optimist Club regarding veterinarian care funding for Oro Valley Police Canines
after retirement
Summary
Attachments
No file(s) attached.
Town Council Regular Session A.
Meeting Date:07/18/2018
Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
Minutes - June 6, 2018
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to approve, (approve with the following changes) the June 6, 2018 minutes.
Attachments
6-6-18 Draft Minutes
6-6-18 Minutes, Town Council Regular Session 1
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
June 6, 2018
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 5:00 PM
CALL TO ORDER
Mayor Hiremath called the meeting to order at 5:00 p.m.
ROLL CALL
PRESENT:Satish Hiremath, Mayor
Lou Waters, Vice Mayor
Joe Hornat, Councilmember
Rhonda Piña, Councilmember
Bill Rodman, Councilmember (attended via phone)
Mary Snider, Councilmember
Steve Solomon, Councilmember
EXECUTIVE SESSION - 1. Pursuant to ARS 38-431.03(A)(3) and (A)(4) discussion and
consultation with its attorneys for legal advice regarding contract negotiations.
2. Pursuant to ARS 38-431.03(A)(4) to discuss and consult with its attorneys for legal
advice regarding litigation and settlement discussions. 3. Pursuant to ARS 38-
431.03(A)(4), (A)(5) and (A)(7) to discuss and consult with its attorneys for legal advice
regarding contract negotiations.
MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember
Solomon to go into Executive Session at 5:01 p.m. 1. Pursuant to ARS 38-431.03(A)(3)
and (A)(4) discussion and consultation with its attorneys for legal advice regarding
contract negotiations. 2. Pursuant to ARS 38-431.03(A)(4) to discuss and consult with
its attorneys for legal advice regarding litigation and settlement discussions. 3. Pursuant
to ARS 38-431.03(A)(4), (A)(5) and (A)(7) to discuss and consult with its attorneys for
legal advice regarding contract negotiations.
MOTION carried, 7-0.
Mayor Hiremath said the following staff members would join Council in Executive
Session: Town Manager Mary Jacobs, Legal Services Director Tobin Sidles and Town
Clerk Mike Standish.
REGULAR SESSION AT OR AFTER 6:00 PM
6-6-18 Minutes, Town Council Regular Session 2
CALL TO ORDER
Mayor Hiremath called the meeting to order at 6:00 p.m.
ROLL CALL
PRESENT:Satish Hiremath, Mayor
Lou Waters, Vice Mayor
Joe Hornat, Councilmember
Rhonda Piña, Councilmember
Bill Rodman, Councilmember (attended via phone)
Mary Snider, Councilmember
Steve Solomon, Councilmember
PLEDGE OF ALLEGIANCE
Mayor Hiremath led the audience in the Pledge of Allegiance.
UPCOMING MEETING ANNOUNCEMENTS
Town Clerk Mike Standish announced the upcoming Town meetings.
COUNCIL REPORTS
No Council reports were received.
DEPARTMENT REPORTS
Mary Jacobs introduced the Town's New Community and Economic Development
Director J.J. Johnston.
Town Clerk Mike Standish announced that new artwork was on display in the Council
Chambers by artist Richard Kim Folsom.
ORDER OF BUSINESS
Mayor Hiremath reviewed the order of business and stated that the order would stand
as posted.
INFORMATIONAL ITEMS
There were no informational items.
CALL TO AUDIENCE
6-6-18 Minutes, Town Council Regular Session 3
Oro Valley resident Paul Loomis spoke about the Mercado Del Rio Riverwalk Trailhead.
PRESENTATIONS
1.Proclamation -Men’s Health Month
Mayor Hiremath proclaimed June 2018 as Men's Health Month in Oro Valley.
CONSENT AGENDA
Vice Mayor Waters requested that item (C) be removed from the Consent Agenda for
discussion.
Councilmember Rodman requested that item (J) be removed from the Consent Agenda
for discussion.
A.Minutes - May 9 and May 16, 2018
B.Greater Oro Valley Chamber of Commerce Quarterly Report: January 1, 2018 -
March 31, 2018
D.Resolution No. (R)18-21, authorizing and approving an intergovernmental
agreement between the Town of Oro Valley and Pima County regarding payment
for the incarceration of municipal prisoners
E.Resolution No. (R)18-22, approving an assignment agreement for the Mercado
Del Rio River Walk Trailhead, located on the western lot in the Mercado Del Rio
Commercial Center, near the northwest corner of Oracle Road and Pusch View
Lane
F.Cancellation of the June 20, 2018 regular Town Council meeting
G.Resolution No. (R)18-23, approving an intergovernmental agreement amendment
for the continued provision of animal control services between the Town of Oro
Valley and Pima County
H.Resolution No. (R)18-24, approving a Memorandum of Understanding (MOU) for
fiscal years 2018/19 and 2019/20 between the Town of Oro Valley and the Public
Safety Employee Group
I.Resolution No. (R)18-25, adopting and approving updates to the Financial and
Investment Policies of the Town of Oro Valley
MOTION:A motion was made by Councilmember Snider and seconded by
Councilmember Hornat to approve Consent Agenda items (A-B) and (D-I).
6-6-18 Minutes, Town Council Regular Session 4
MOTION carried, 7-0.
C.Visit Tucson Quarterly Report: January 1, 2018 -March 31, 2018
Vice Mayor Waters gave an overview of Visit Tucson and its benefits to Oro Valley.
MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember
Solomon to approve Consent Agenda item C.
MOTION carried, 7-0.
J.Appointment to the Planning and Zoning Commission (PZC)
Councilmember Rodman thanked Greg Hitt for his willingness to return to the Planning
and Zoning Commission to fill a vacancy.
MOTION:A motion was made by Councilmember Rodman and seconded by Vice
Mayor Waters to approve the appointment of Greg Hitt to the Planning and Zoning
Commission for a partial term expiring December 31, 2018.
MOTION carried, 7-0.
REGULAR AGENDA
1.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN
APPLICATION FOR A SERIES 10 (BEER AND WINE STORE) LIQUOR
LICENSE FOR CIRCLE K STORE #2741614, LOCATED AT 10410 N. LA
CANADA DRIVE
Town Clerk Mike Standish presented item #1.
Mayor Hiremath opened the public hearing.
No comments were received.
Mayor Hiremath closed the public hearing.
MOTION:A motion was made by Councilmember Hornat and seconded by
Councilmember Snider to approve the issuance of a Series 10 Liquor License to the
Arizona Department of Liquor Licenses and Control for Kim Kwiatkowski of Circle K
Stores Inc., located at 10410 N. La Canada Drive.
MOTION carried, 7-0.
2.PUBLIC HEARING: ORDINANCE NO. (O)18 -09, DISCUSSION AND POSSIBLE
ACTION REGARDING A REZONING REQUEST FROM R1-144 TO R1-10 FOR
6-6-18 Minutes, Town Council Regular Session 5
A 16.1-ACRE PROPERTY LOCATED NEAR THE NORTHWEST CORNER OF
TANGERINE ROAD AND LA CANADA DRIVE, INCLUDING A REQUEST TO
UTILIZE THE REDUCED LOT WIDTH AND REDUCED BUILDING SETBACK
FLEXIBLE DESIGN OPTIONS
Principal Planner Michael Spaeth presented item #2 and included the following:
- Purpose
- Proposal
- Site Plan Revisions
- Open Space
- Traffic
- Rezoning Request - Review tools
- 2014 General Plan Amendment
- Public Participation
- Summary and Recommendation
Discussion ensued amongst Council and Staff regarding item #2.
Mayor Hiremath opened the public hearing.
The following individuals spoke in opposition to item #2:
- Pat McGowan
- Sarah McGowan
- John Ritchie
- Susann Duperiet
- Alyssa Page
Mayor Hiremath closed the public hearing.
Keri Silvyn with Lazarus, Silvyn & Bangs, P.C., and representing the applicant,
continued the presentation on The Residences at Miller Ranch and included the
following:
- Miller Ranch / Approved GP Amendment
- Miller Ranch / Previous Rezoning TDP Plan
- Miller Ranch / Previous Rezoning
- Miller Ranch / Leman Academy
- Miller Ranch / Concept Plan
- Miller Ranch / West Cross-Sections
- Miller Ranch / North Cross-Section
- Miller Ranch / Viewshed Study - View 1
- Miller Ranch / Viewshed Study - View 2
- Miller Ranch / Viewshed Study - View 3
- Miller Ranch / Outreach with Neighbors
6-6-18 Minutes, Town Council Regular Session 6
- Miller Ranch / Photo Simulation
- Miller Ranch / Rezoning Submittal
- Miller Ranch / Photo Simulation
- Miller Ranch / Revised Concept Plan
- Miller Ranch / Rezoning Request
- Miller Ranch / Neighborhood Outreach
- Questions
Discussion continued among Council, staff and Ms. Silvyn regarding item #2.
MOTION:A motion was made by Councilmember Hornat and seconded by Vice Mayor
Waters to approve Ordinance No. (O)18-09 the applicant's proposed rezoning, including
use of the ESL Flexible Design Options for reduced lot widths and setbacks, based on a
finding it is in conformance with the General Plan and all applicable zoning code
requirements, subject to the conditions in Attachment 1.
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% 24-inch 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 Cañada 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
6-6-18 Minutes, Town Council Regular Session 7
access drainage crossing, asphalt pavement and a concrete sidewalk along the
south side of the street.
MOTION carried, 6-1 with Councilmember Rodman opposed.
Mayor Hiremath recessed the meeting at 7:53 p.m.
Mayor Hiremath reconvened the meeting at 8:03 p.m.
3.AMENDING CHAPTER 25, SECTION 25.1.B.22 OF THE ORO VALLEY ZONING
CODE REGARDING REQUIREMENTS FOR UTILITY POLES, WIRES AND
ASSOCIATED EQUIPMENT
A. RESOLUTION NO. (R)18-26, DECLARING THE PROPOSED ZONING CODE
AMENDMENT TO SECTION 25.1.B.22 OF THE ORO VALLEY ZONING CODE
REGARDING REQUIREMENTS FOR UTILITY POLES, WIRES AND
ASSOCIATED EQUIPMENT, PROVIDED IN EXHIBIT "A" WITHIN THE
ATTACHED RESOLUTION AND FILED WITH THE CLERK, A PUBLIC
RECORD
B. PUBLIC HEARING: ORDINANCE NO. (O)18-10, AMENDING SECTION
25.1.B.22 OF THE ORO VALLEY ZONING CODE REGARDING
REQUIREMENTS FOR UTILITY POLES, WIRES AND ASSOCIATED
EQUIPMENT
MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember
Hornat to approve Resolution No. (R)18-26, declaring the proposed amendments to
Section 25.1.B.22 of the Oro Valley Zoning Code regarding requirements for utility
poles, wires and associated equipment as provided in Attachment 1 and filed with the
Town Clerk, a public record.
MOTION carried, 7-0.
Planning Manager Bayer Vella gave an overview of item #3B and outlined the following:
- Purpose
- Review Tools
- Summary and Recommendation
Mayor Hiremath opened the public hearing.
No comments were received.
Mayor Hiremath closed the public hearing.
Discussion ensued amongst Council and staff regarding item #3B.
6-6-18 Minutes, Town Council Regular Session 8
MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember
Snider to approve Ordinance No. (O)18-10, amending Section 25.1.B.22 of the Oro
Valley Zoning Code regarding requirements for utility poles, wires and associated
equipment.
MOTION carried, 7-0.
4.PRESENTATION OF FIVE -YEAR FINANCIAL FORECAST THROUGH FY
2022/23
Finance Director Stacey Lemos presented item #4 and outlined the following:
- Forecast Overview
- General Fund Revenues
- General Fund Expenditures
- General Fund Forecast
- Highway Fund Revenues
- Highway Fund Expenditures
- Highway Fund Forecast
Discussion ensued amongst Council and staff regarding the five-year financial forecast
through FY 2022/23.
5.PUBLIC HEARING: RESOLUTION NO. (R)18 -27, APPROVING THE ADOPTION
OF THE FINAL BUDGET OF THE TOWN OF ORO VALLEY FOR FISCAL YEAR
2018/19, INCLUDING APPROVAL OF THE 10-YEAR CAPITAL IMPROVEMENT
PROGRAM (CIP) FROM FY 2018/19 THROUGH FY 2027/28
Finance Director Stacey Lemos presented item #5 and outlined the following:
- FY 2018/19 Budget Timeline
- FY 18/19 Final Budget
- Budget vs. Actual Comparison - All Funds
- Capital Improvement Program (CIP)
Discussion ensued amongst Council and staff regarding the proposed final budget for
FY 2018/19.
Mayor Hiremath opened the public hearing.
The following individual spoke on item #5
Oro Valley resident Paul Loomis
Mayor Hiremath closed the public hearing.
6-6-18 Minutes, Town Council Regular Session 9
Discussion continued amongst Council and staff regarding the proposed final budget for
FY 2018/19.
MOTION:A motion was made by Councilmember Rodman and seconded by
Councilmember Snider to approve Resolution No. (R)18-27, approving the adoption of
the final budget of the Town of Oro Valley for the fiscal year 2018/19 and further MOVE
to approve the Town of Oro Valley 10-year Capital Improvement Program for FY
2018/19 through FY 2027/28.
MOTION carried, 7-0.
FUTURE AGENDA ITEMS
No future agenda items were requested.
CALL TO AUDIENCE
No comments were received.
ADJOURNMENT
MOTION:A motion was made by Councilmember Hornat and seconded by Vice Mayor
Waters to adjourn the meeting at 9:00 p.m.
MOTION carried, 7-0.
Prepared by:
__________________________
Michelle Stine, 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
6th day of June, 2018. I further certify that the meeting was duly called and held and
that a quorum was present.
Dated this _____ day of ____________________, 2018.
___________________________
Michael Standish, CMC
Town Clerk
Town Council Regular Session B.
Meeting Date:07/18/2018
Requested by: Stacey Lemos Submitted By:Wendy Gomez, Finance
Department:Finance
Information
SUBJECT:
Fiscal Year 2017/18 Financial Update through May 2018
RECOMMENDATION:
This item is for information only.
EXECUTIVE SUMMARY:
In the General Fund (see Attachment A), revenues collected through May totaled $34.5 million, or 94.8% of the
budget amount of $36.3 million. Year-to-date expenditures through May totaled $30.6 million, or 83.4% of the
budget amount of $36.7 million.
In the Highway Fund (see Attachment B), revenues collected through May totaled $3.2 million, or 83.3% of the
budget amount of $3.8 million. Year-to-date expenditures through May totaled $3.3 million, or 66.9% of the budget
amount of $4.9 million.
In the Bed Tax Fund (see Attachment C), revenues collected through May totaled $1.2 million, or 108.3% of the
budget amount of $1.1 million. Year-to-date expenditures through May totaled $901,089, or 71.8% of the budget
amount of $1.3 million.
In the Community Center Fund (see Attachments D-1, D-2 and D-3), revenues collected through May totaled $6.2
million, or 95.7% of the budget amount of $6.5 million. Year-to-date expenditures through May totaled $5.9
million, or 90.7% of the budget amount of $6.5 million.
BACKGROUND OR DETAILED INFORMATION:
GENERAL FUND
Attachment A shows General Fund revenues and expenditures through May, as well as year-end estimates for
each category. The estimated year-end projections in the General Fund are as follows:
Revenues $38,607,814
Less:
Expenditures ($35,980,926)
Less:
Council-Approved Use of Contingency:
- Regional Municipalities Veteran's
Treatment Court ($75,000) Approved July 5, 2017
Estimated Increase in Fund Balance $2,626,888 *
* Estimate includes remaining fund balance from the Bed Tax Fund of $603,139, per the FY 18/19 Adopted
* Estimate includes remaining fund balance from the Bed Tax Fund of $603,139, per the FY 18/19 Adopted
Budget
General Fund Revenues
Local sales tax collections in the General Fund total $17.2 million, or 100.2% of the budget amount of
$17.2 million. These revenues are expected to come in over budget by about $1.3 million, or 7.7%. This
overage is due primarily to construction sales tax, as well as utility sales tax collections. Due to the volatility
and often unpredictability of construction sales tax collections, a conservative approach is
maintained for estimating year-end totals throughout most of the fiscal year until closer to fiscal year-end.
At this time, year-end estimates can be more accurately predicted for total collections. Please see
Attachment F for a monthly tracking of General Fund local sales tax collections, including construction and
utility sales tax.
License and permit revenues total $2.4 million, or 118.4% of the budget amount of $2.1 million. These
revenues are expected to come in over budget by about $566,000, or 27.4%. As with construction sales
tax, permitting revenues can be volatile; therefore, conservative estimates are maintained throughout the
year until closer to fiscal year-end as well.
State shared revenues total $10.6 million, or 91.4% of the budget amount of $11.6 million. These revenues
are estimated to come just over budget, by about $6,000 or 0.1%, due to state sales tax.
Charges for services revenues total $2.0 million, or 91.2% of the budget amount of $2.2 million. These
revenues are projected to come in just over budget, by about $7,000 or 0.3%.
Interest income revenues reflect a loss of about $14,000 through May. Rising interest rates have caused
increased volatility in the Town's investment portfolio. While this may cause temporary fluctuation as market
values decline due to rising yields (market values move inversely to the direction of interest rates), this
volatility tends to average out over longer periods of time as funds are invested at higher yields.
State grant revenues are estimated to come in under budget by about $84,000, or 35.8%. This is due to
grant capacity that will not be utilized, and is offset with corresponding reductions in budgeted grant
expenditures.
Federal grant revenues are estimated to come in under budget by about $68,000, or 14.5%, based on
actual and projected proceeds through year-end.
Other intergovernmental revenues are estimated to come in under budget by about $135,000, or 7.5%. Of
this amount, $50,000 was capacity for a potential school resource officer at Leman Academy that will not be
utilized. The remainder is due primarily to projected transit reimbursements from the Regional
Transportation Authority (RTA).
Miscellaneous revenues are estimated to come in over budget by about $157,000, or 67.4%, due to in-lieu
income collections and insurance recoveries.
Please note that the year-end estimate for transfers in now includes the estimated remaining fund balance
in the Bed Tax Fund of $603,139, per the FY 18/19 Adopted Budget.
Overall, total General Fund revenues are estimated to come in over budget by approximately $2,272,000,
or 6.3% at year-end. Please note all figures are subject to change.
General Fund Expenditures
General Fund expenditures are projected to come in under budget by about $744,000, or 2.0%. This is due
to estimated personnel savings, operations & maintenance (O&M) savings, capital savings for grant
capacity that will not be utilized, and a budgeted transfer of $275,000 to the Highway Fund, which will not
be necessary this fiscal year. Please note all figures are subject to change.
HIGHWAY FUND
Highway Fund Revenues
State shared highway user funds total $3.0 million, or 89.3% of the budget amount of $3.4 million. These
revenues are estimated to come in under budget by about $48,000, or 1.4%, based on year-to-date
collections.
As noted in the General Fund expenditure discussion above, the $275,000 budgeted transfer to the
Highway Fund will not be necessary this fiscal year.
State grant revenues are estimated to come in slightly over budget by about $20,000 or 19.5%, due to
estimated reimbursements for contract administration of Pima Association of Governments and RTA-funded
roadway widening projects.
Interest income revenues are estimated to come in under budget by about $7,500 or 20.4%. Please
reference the discussion on interest income revenues in the General Fund notes above.
License and permit revenues total $41,154, or 72.2% of the budget amount of $57,000. These revenues
are estimated to come in under budget by about $13,000 or 22.2%, based on trending actual collections
through year-end.
Please note that all year-end estimates are subject to change.
Highway Fund Expenditures
Expenditures are projected to come in under budget by about $989,000, or 20.0%. Of this amount, nearly
$705,000 is pavement preservation savings, due to the Pima County property tax for roads, which covered
the Town's residential spring surface treatments, as well as project cost savings realized by the Town. The
year-end expenditure estimate also assumes a rollover of the $250,000 Safeway/1st Ave Safety CIP project
into FY 18/19. Approximately $31,000 is attributable to estimated personnel savings, and the remaining
$3,000 is attributable to estimated O&M savings. Please note all figures are subject to change.
BED TAX FUND
Bed Tax Fund Revenues
Bed tax revenues total $1.2 million, or 109.1% of the budget amount of $1.1 million. These revenues are
estimated to come in over budget by about $255,000 or 22.6%, based on year-to-date collections.
Interest income revenues are estimated to come in under budget by about $6,300 or 79.1%. Please
reference the discussion on interest income revenues in the General Fund notes above.
Please note all year-end estimates are subject to change.
Bed Tax Fund Expenditures
Expenditures in the Bed Tax Fund are estimated to come in over budget by about $592,000, or 47.2%.
Please note that this figure now includes a transfer out to the General Fund of $603,139, which reflects the
estimated remaining balance in the fund, as per the FY 18/19 Adopted Budget. O&M savings are estimated
at about $33,000, based on year-to-date expenditures. Capital outlay is estimated to come in over budget
by about $21,000, due to tennis court improvements at the Community Center.
COMMUNITY CENTER FUND
Attachment D-1 shows the consolidated financial status of the Community Center Fund with all revenues and
expenditures from Troon and Town-managed operations.
Attachment D-2 shows the monthly line item detail for the Troon-managed operations, specifically revenues and
expenditures associated with the golf, tennis, and food and beverage operations. The totals in the revenue and
expenditure categories in Attachment D-2 tie to the Contracted Operating Revenues and Expenditures in
Attachment D-1.
Attachment D-3 shows the revenues and expenditures for the Troon-managed food and beverage operations
only.
Community Center Fund Revenues
Local sales tax revenues from the dedicated half-cent sales tax total $2.1 million, or 92.6% of the budget
amount of $2.3 million. These revenues are estimated to come in on budget at this time.
Contracted operating revenues from Troon total $3.2 million, or 94.0% of the budget amount of $3.4 million.
These revenues are estimated to come in over budget by about $30,000, or 0.9%, based on Troon's
forecast through the remainder of the fiscal year.
Town operating revenues total $879,198, or 113.1% of the budget amount of $777,580. These revenues
are estimated to come in over budget by about $185,000, or 23.8%, due to higher than expected collections
for classic membership dues, facility rental income, recreation programs, swim team revenues and daily
drop-ins.
Community Center Fund Expenditures
Contracted operating expenditures from Troon total $4.9 million, or 94.6% of the budget amount of $5.2
million. These expenditures are estimated to come in over budget by about $175,000, or 3.4%, due
primarily to increased water costs as a result of warm, dry weather.
Town operating expenditures total $918,068, or 89.1% of the budget amount of $1.0 million. These
expenditures are projected to come in over budget by about $42,000, or 4.1%, due to estimated personnel
costs to meet the programming needs of the facility. Staff is closely monitoring these expenditures, and has
adjusted future budget capacity accordingly. Please note this overage is more than offset by our projected
overage in operating revenues, as noted above.
Capital outlay totals $45,464, due to cart path improvements and replacement flooring. Capital expenditures
are estimated to come in under budget by about $40,500, or 43.0%, due to savings in cart path
improvement costs and a planned delay for the lobby rebuild.
Year-end expenditure estimates include the annual loan repayment of $120,000 to the General Fund.
Please see Attachments A, B, and C for additional details on the General Fund, Highway Fund and Bed Tax Fund.
See Attachments D-1, D-2 and D-3 for additional details on the Community Center Fund. See Attachment E for a
fiscal year-to-date consolidated summary of all Town Funds. See Attachment F for a breakdown of monthly local
sales tax collections for the General Fund.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
This item is for information only.
Attachments
Attachment A - General Fund
Attachment B - Highway Fund
Attachment C - Bed Tax Fund
Attachment D-1 Community Center Fund
Attachment D-2 Troon Cash Flow
Attachment D-3 Troon F&B
Attachment E - Summary All Funds
Attachment F - Gen Fund Local Sales Tax
ATTACHMENT A
May YTD Financial Status
General Fund
% Budget Completion through May --- 91.7%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
LOCAL SALES TAX 17,198,937 17,164,573 100.2% 18,490,059 7.7%
LICENSES & PERMITS 2,443,436 2,063,121 118.4% 2,629,000 27.4%
FEDERAL GRANTS 354,603 471,342 75.2% 403,110 -14.5%
STATE GRANTS 91,727 234,760 39.1% 150,700 -35.8%
STATE/COUNTY SHARED 10,640,378 11,636,928 91.4% 11,642,808 0.1%
OTHER INTERGOVERNMENTAL 1,287,485 1,793,360 71.8% 1,658,643 -7.5%
CHARGES FOR SERVICES 2,015,145 2,210,453 91.2% 2,217,134 0.3%
FINES 120,329 120,000 100.3% 130,000 8.3%
INTEREST INCOME (14,394) 103,000 -14.0% (11,722) -111.4%
MISCELLANEOUS 319,913 233,000 137.3% 389,942 67.4%
TRANSFERS IN - 305,000 0.0%908,139 197.8%
TOTAL REVENUES 34,457,561 36,335,537 94.8% 38,607,814 6.3%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
COUNCIL 169,654 214,759 79.0% 203,834 -5.1%
CLERK 421,997 485,098 87.0% 485,098 0.0%
MANAGER 702,167 844,708 83.1% 828,524 -1.9%
HUMAN RESOURCES 293,296 375,790 78.0% 372,015 -1.0%
FINANCE 661,982 810,006 81.7% 781,765 -3.5%
INFORMATION TECHNOLOGY 1,808,684 2,189,939 82.6% 2,151,430 -1.8%
GENERAL ADMINISTRATION 1,602,297 1,682,216 95.2% 1,806,315 7.4%
LEGAL 630,723 779,670 80.9% 739,802 -5.1%
COURT 766,446 874,282 87.7% 874,282 0.0%
COMM. DEV. & PUBLIC WORKS 3,924,258 4,893,469 80.2% 4,813,297 -1.6%
PARKS & RECREATION 2,790,714 3,667,092 76.1% 3,427,092 -6.5%
POLICE 14,324,151 17,108,674 83.7% 16,972,803 -0.8%
TRANSFERS OUT 2,521,668 2,799,668 90.1%2,524,668 -9.8%
TOTAL EXPENDITURES 30,618,037 36,725,371 83.4% 35,980,926 -2.0%
SURPLUS / (DEFICIT) 3,839,524 (389,834) 2,626,888
BEGINNING FUND BALANCE 13,403,214
Plus: Surplus / (Deficit)2,626,888
Less:
Approved Use of Contingency Reserves During FY 17/18:
Regional Municipalities Veteran's Treatment Court (75,000)
ENDING FUND BALANCE **15,955,102
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
(A) Includes transfer of estimated remaining fund balance from the Bed Tax Fund per the FY 18/19 Adopted Budget
FY 2017/2018
Year End
Estimate *
Budget Year End
Estimate *
Actuals
thru 5/2018
Actuals
thru 5/2018
Budget
(A)
F:\BUDGET ANALYST\Financial Reports 2017-2018\4Q\May\May FY 18 Monthly Report 7/2/2018
ATTACHMENT B
May YTD Financial Status FY 2017/2018
% Budget Completion through May --- 91.7%
Actuals
thru 5/2018 Budget % Actuals
to Budget
Year End
Estimate *
YE % Variance
to BudgetREVENUES:
LICENSES & PERMITS 41,154 57,000 72.2% 44,348 -22.2%
STATE GRANTS 108,473 100,000 108.5% 119,514 19.5%
STATE/COUNTY SHARED 3,004,840 3,363,581 89.3% 3,315,320 -1.4%
INTEREST INCOME 27,019 36,994 73.0% 29,464 -20.4%
MISCELLANEOUS 11,343 2,000 567.2% 11,734 486.7%
TRANSFERS IN - 275,000 0.0%- -100.0%
TOTAL REVENUES 3,192,829 3,834,575 83.3% 3,520,380 -8.2%
Actuals
thru 5/2018 Budget % Actuals
to Budget
Year End
Estimate *
YE % Variance
to Budget
EXPENDITURES:
ADMINISTRATION 640,912 741,063 86.5% 706,063 -4.7%
TRANSPORTATION ENGINEERING 723,641 661,582 109.4% 836,285 26.4%
PAVEMENT MANAGEMENT 632,899 1,638,078 38.6% 901,493 -45.0%
STREET MAINTENANCE 928,501 1,064,607 87.2% 1,069,287 0.4%
TRAFFIC ENGINEERING 386,403 844,547 45.8%448,038 -46.9%
TOTAL EXPENDITURES 3,312,356 4,949,877 66.9% 3,961,166 -20.0%
SURPLUS / (DEFICIT) (119,527) (1,115,302) (440,786)
BEGINNING FUND BALANCE 1,350,903
Plus: Surplus / (Deficit)(440,786)
ENDING FUND BALANCE **910,117
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
Highway Fund
F:\BUDGET ANALYST\Financial Reports 2017-2018\4Q\May\May FY 18 Monthly Report 7/2/2018
ATTACHMENT C
May YTD Financial Status
% Budget Completion through May --- 91.7%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
BED TAXES 1,229,001 1,126,955 109.1% 1,381,715 22.6%
INTEREST INCOME 174 8,011 2.2%1,678 -79.1%
TOTAL REVENUES 1,229,175 1,134,966 108.3% 1,383,393 21.9%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
ECONOMIC DEVELOPMENT 676,070 844,158 80.1% 832,846 -1.3%
TRANSFERS OUT 225,019 410,019 54.9%1,013,158 147.1%
TOTAL EXPENDITURES 901,089 1,254,177 71.8% 1,846,004 47.2%
SURPLUS / (DEFICIT) 328,086 (119,211) (462,611)
BEGINNING FUND BALANCE 462,611
Plus: Surplus / (Deficit)(462,611)
ENDING FUND BALANCE **-
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
(A) Includes transfer of estimated remaining fund balance to the General Fund per the FY 18/19 Adopted Budget
FY 2017/2018
Year End
Estimate *
Budget Year End
Estimate *
Bed Tax Fund
Budget Actuals
thru 5/2018
Actuals
thru 5/2018
(A)
F:\BUDGET ANALYST\Financial Reports 2017-2018\4Q\May\May FY 18 Monthly Report 7/2/2018
ATTACHMENT D-1
May YTD Financial Status
% Budget Completion through May --- 91.7%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
CONTRACTED OPERATING REVENUES
Golf Revenues 1,213,647 1,038,825 116.8% 1,256,180 20.9%
Member Dues (Golf) 731,683 959,009 76.3% 821,303 -14.4%
Tennis Revenues 328,765 345,900 95.0% 360,765 4.3%
Food & Beverage 700,308 793,887 88.2% 754,533 -5.0%
Merchandise & Other 205,880 244,730 84.1%219,330 -10.4%
3,180,283 3,382,351 94.0% 3,412,111 0.9%
TOWN OPERATING REVENUES
Daily Drop-Ins 30,519 23,000 132.7% 33,000 43.5%
Member Dues 663,344 614,000 108.0% 717,215 16.8%
Recreation Programs 133,359 134,000 99.5% 156,000 16.4%
Swim Team/Swim Lessons 16,358 1,500 1090.5% 17,000 1033.3%
Facility Rental Income 35,369 4,580 772.2% 39,000 751.5%
Concession Sales 249 500 49.8%256 -48.8%
879,198 777,580 113.1% 962,471 23.8%
OTHER REVENUES
Local Sales Tax 2,137,747 2,308,112 92.6% 2,308,112 0.0%
Real Property Rental Income 19,502 27,861 70.0% 19,502 -30.0%
Miscellaneous 963 - 0.0%963 0.0%
2,158,212 2,335,973 92.4% 2,328,578 -0.3%
TOTAL REVENUES 6,217,693 6,495,904 95.7% 6,703,160 3.2%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
CONTRACTED OPERATING EXPENDITURES
Personnel 1,964,748 2,121,525 92.6% 2,134,713 0.6%
Operations & Maintenance 2,598,346 2,712,454 95.8% 2,852,376 5.2%
Equipment Leases 363,326 371,313 97.8%393,581 6.0%
4,926,420 5,205,292 94.6% 5,380,670 3.4%
TOWN OPERATING EXPENDITURES
Personnel 659,418 745,858 88.4% 787,621 5.6%
Operations & Maintenance 258,650 284,548 90.9%284,548 0.0%
918,068 1,030,406 89.1% 1,072,169 4.1%
CAPITAL OUTLAY 45,464 94,250 48.2% 53,714 -43.0%
TRANSFERS OUT - 165,956 0.0% 165,956 0.0%
TOTAL EXPENDITURES 5,889,952 6,495,904 90.7% 6,672,509 2.7%
SURPLUS / (DEFICIT) 327,741 - 30,651
BEGINNING FUND BALANCE (97,157)
Plus: Surplus / (Deficit)30,651
ENDING FUND BALANCE **(66,506)
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
FY 2017/2018
Actuals
thru 5/2018 Budget Year End
Estimate *
Community Center Fund
Actuals
thru 5/2018 Budget Year End
Estimate *
F:\BUDGET ANALYST\Financial Reports 2017-2018\4Q\May\May FY 18 Monthly Report 7/2/2018
ATTACHMENT D-2TROONEl Conquistador Cash Flow StatementActualActualActualActualActualActualActualActualActualActualActualActual Original Budget ForecastJul-17Aug-17 Sep-17 Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-18Apr-18 May-18TotalTOTALTOTALRevenues:Golf Fees, net of discounts20,933 29,780 50,962 67,564 80,238 57,727 111,925 144,337 182,283 121,156 54,672 921,577 780,706 943,094 Trail Fees & Member Cart Fees19,317 17,660 17,589 18,586 19,200 18,597 19,020 18,737 18,816 18,720 16,564 202,806 205,664 220,692 Golf - Group Services- 126 840 64 - - - 701 818 - 248 2,797 1,760 3,227 Range, Rentals, Other Golf related2,794 2,897 8,412 6,485 7,273 6,429 7,238 7,962 9,046 6,631 5,442 70,609 40,930 73,009 Golf Lessons 405 285 590 790 585 1,103 600 890 910 960 420 7,538 5,205 7,838 Income - Golf Schools 2,400 - - 955 540 270 1,500 735 1,245 225 450 8,320 4,560 8,320 Total Member Dues 58,678 60,153 59,790 71,812 73,398 69,778 71,938 73,810 73,839 62,255 56,232 731,683 959,009 821,303 Other Member Income 312 177 (247) 684 (202) (57) 102 273 64 106 20 1,232 - 1,232 Swim/Tennis Revenues 25,228 14,808 35,800 51,936 27,259 31,159 30,082 24,590 34,344 28,489 25,070 328,765 345,900 360,765 Income - Other (non - golf)11 75 - 77 44 2,005 797 81 1,168 3,203 5,391 12,852 - 12,852 Merchandise, net of discounts 10,460 14,083 12,881 11,512 28,049 30,177 11,351 16,543 23,265 19,573 13,902 191,796 244,730 205,246 Food and Beverage, net of discounts 47,336 49,103 64,613 65,869 64,944 63,341 51,825 74,598 93,068 70,670 54,941 700,308 793,887 754,533 Total Revenues 187,874 189,147 251,230 296,334 301,328 280,529 306,378 363,257 438,866 331,988 233,352 3,180,283 3,382,351 3,412,111 Cost of Sales:COS - Group Services Golf17 125 823 64 - - - 492 818 - 248 2,587 1,760 3,017 COS - Golf Lessons 324 333 475 616 468 985 480 712 728 734 336 6,191 3,644 6,401 COS - Golf Schools 1,666 - - 669 378 - 578 711 696 - - 4,698 3,648 4,698 COS - Service Commissions 15,523 12,325 17,775 19,043 20,326 19,594 19,775 18,415 20,555 18,592 15,813 197,736 176,330 215,236 COS - Merchandise, net of discounts 7,715 5,567 6,438 8,362 17,475 22,113 7,309 11,743 14,917 13,638 6,414 121,691 158,234 130,317 COS - Other (non - golf)(1,572) - - - - - - - - - - (1,572) - (1,572) COS - Food & Beverage 17,099 19,701 25,927 26,631 22,402 23,759 20,881 27,107 32,623 25,158 21,693 262,981 282,045 283,405 Total Cost of Sales 40,772 38,051 51,438 55,385 61,049 66,451 49,023 59,180 70,337 58,122 44,504 594,312 625,660 641,502 Gross Profit 147,102 151,096 199,792 240,949 240,279 214,078 257,355 304,077 368,529 273,866 188,848 2,585,971 2,756,691 2,770,609 Operating Expenses:Payroll 130,038 137,301 138,716 139,445 140,414 131,203 151,515 140,484 163,576 148,074 137,615 1,558,381 1,684,714 1,692,968 Employee Benefits 30,933 31,745 32,122 30,539 31,567 31,663 42,085 37,625 39,097 36,336 34,633 378,345 409,777 412,285 Employee Related 3,367 2,502 2,281 2,323 2,461 2,661 2,283 2,310 2,776 2,322 2,736 28,022 27,034 29,460 Advertising & Marketing5,429 5,790 4,366 22,212 14,534 11,801 10,991 12,423 12,029 13,038 11,109 123,722 69,983 127,965 Repair & Maintenance 30,650 29,992 80,297 71,059 16,233 23,352 18,446 12,208 26,253 29,815 24,974 363,279 423,482 389,511 Operating Expenses 17,312 17,012 19,341 20,508 23,507 19,984 17,120 23,843 23,279 22,017 19,415 223,338 258,196 242,116 Total Operating Expenses 217,729 224,342 277,123 286,086 228,716 220,664 242,440 228,893 267,010 251,602 230,482 2,675,087 2,873,186 2,894,305 Operating Profit(70,627) (73,246) (77,331) (45,137) 11,563 (6,586) 14,915 75,184 101,519 22,264 (41,634) (89,116) (116,495) (123,696) Leases - Carts 9,282 9,282 9,282 9,282 9,282 9,282 14,874 18,259 14,169 9,282 14,173 126,446 119,745 135,728 Leases - Equipment23,029 23,780 20,580 22,670 19,277 20,974 22,670 19,277 20,974 20,975 22,672 236,879 251,568 257,853 Utilities127,430 120,728 147,704 181,357 88,249 65,763 43,103 59,263 76,824 114,309 129,230 1,153,960 1,190,026 1,299,452 Fixed Operating Expenses 159,741 153,790 177,566 213,309 116,807 96,018 80,648 96,799 111,966 144,566 166,075 1,517,286 1,561,339 1,693,033 Gross Operating Profit(230,368) (227,036) (254,897) (258,446) (105,244) (102,604) (65,733) (21,615) (10,447) (122,302) (207,709) (1,606,402) (1,677,834) (1,816,729) Insurance 97 97 97 97 97 97 98 98 98 98 98 1,072 1,107 1,166 Fees, Permits & Licenses 335 (5) 160 - 150 - - 100 - (6) 734 734 Base Management Fees 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 132,000 144,000 144,000 Bad Debt337 5,048 250 (313) 646 (81) (81) (157) 462 (182) 5,929 5,929 Total Other Expenses 12,097 12,769 17,140 12,507 11,784 12,893 12,017 12,017 12,041 12,560 11,910 139,735 145,107 151,829 Net Operating Income (Loss)(242,465) (239,805) (272,037) (270,953) (117,028) (115,497) (77,750) (33,632) (22,488) (134,862) (219,619) (1,746,137) (1,822,941) (1,968,558) 7/2/2018
ATTACHMENT D-3
ACTUAL BUDGET ACTUAL BUDGET
MONTH MONTH Y-T-D Y-T-D
FOOD & BEVERAGE REVENUE 54,941 70,360 700,496 739,662
TOTAL REVENUES 54,941 70,360 700,496 739,662
COST OF SALES 21,693 25,107 262,981 261,621
PAYROLL & BENEFITS 33,989 39,924 440,378 470,776
OPERATING EXPENSES 5,791 4,850 84,615 72,750
NET INCOME (LOSS) (6,532) 479 (87,478) (65,485)
EL CONQUISTADOR
INCOME STATEMENT CONSOLIDATED - RESTAURANT/GRILLE - MAY 2018
7/2/2018
ATTACHMENT EConsolidated Year-to-Date Financial Report through May, 2018FY 2017/2018FY 17/18 Capital Leases/Left in AccountsBegin Bal. Transfer OutThru May 2018General Fund - Unassigned 11,961,352 34,457,561 34,457,561 2,567,121 21,215,981 6,433,781 401,153 30,618,037 15,800,876 General Fund - Assigned 1,441,862 - 1,441,862 Highway Fund - Committed 1,350,903 3,192,829 3,192,829 1,787,253 901,318 623,786 3,312,356 1,231,376 Seizure & Forfeiture - Justice/State 303,081 167,108 167,108 45,122 103,782 59,213 208,118 262,071 Bed Tax Fund - Committed 462,611 1,229,175 1,229,175 225,019 235,131 344,616 96,323 901,089 790,697 Impound Fee Fund 25,318 31,800 31,800 51,410 51,410 5,708 Community Center Fund (97,157) 6,217,693 6,217,693 363,326 659,418 4,821,744 45,464 5,889,952 230,583 Municipal Debt Service Fund 89,327 130,787 637,827 768,614 6,800 824,460 831,260 26,681 Oracle Road Debt Service Fund 6,737 173,874 173,874 1,800 164,851 166,651 13,960 Alternative Water Resources Dev Impact Fee Fund 6,472,074 1,531,925 1,531,925 179,034 179,034 7,824,965 Potable Water System Dev Impact Fee Fund 5,558,044 741,190 741,190 18,969 294,136 313,105 5,986,129 Townwide Roadway Development Impact Fee Fund 3,097,156 776,421 776,421 906,030 906,030 2,967,547 Parks & Recreation Impact Fee Fund 514,986 253,461 253,461 539,400 539,400 229,047 Police Impact Fee Fund 505,282 132,624 132,624 - 637,906 General Government Impact Fee Fund 3,524 28 28 - 3,552 General Government CIP Fund 1,716,361 2,351,107 2,351,107 63,077 614 1,722,445 1,786,137 2,281,331 PAG/RTA Fund 884,762 3,982,027 3,982,027 146,666 4,112,020 4,258,686 608,103 Water Utility10,024,473 12,637,479 12,637,479 2,847 2,728,192 6,281,757 1,741,928 3,570,926 14,325,650 8,336,302 Stormwater Utility603,121 1,287,652 1,287,652 557,079 293,558 178,268 1,028,905 861,869 Fleet Fund 952,371 1,169,289 300,000 1,469,289 79,412 589,755 518,333 1,187,499 1,234,160 Benefit Self Insurance Fund (113,357) 3,223,951 3,223,951 2,466,865 2,466,865 643,729 Recreation In-Lieu Fee Fund 15,718 - - 15,718 Energy Efficiency Project Fund 568,337 - 525,797 525,797 42,540 Total 46,346,886 71,336,873 3,288,934 74,625,807 3,697,713 27,568,743 22,444,391 10,930,760 - 4,854,374 69,495,980 51,476,712 Total OutPersonnel O&M Capital ContingencyFund RevenueOther Fin Sources/TfrsTotal InDebt ServiceF:\BUDGET ANALYST\Financial Reports 2017-2018\4Q\May\Attachment E - Summary All Funds7/2/2018
ATTACHMENT FGeneral Fund Local Sales Tax CollectionsFY 2017/18CATEGORYJULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 547,514 469,050 456,125 443,115 664,593 459,268 439,368 384,045 282,895 451,750 441,960 5,039,683 Utility Sales Tax 202,208 429,402 290,283 310,764 256,734 231,300 227,032 242,373 218,602 207,317 203,785 2,819,800 Retail Sales Tax 541,876 478,942 481,677 505,094 502,326 629,823 801,494 557,783 521,796 624,106 551,219 6,196,136 All Other Local Sales Tax *202,678 219,584 186,445 184,144 200,359 198,807 210,620 267,704 257,943 282,817 242,283 2,453,384 TOTAL 1,494,276$ 1,596,978$ 1,414,530$ 1,443,117$ 1,624,012$ 1,519,198$ 1,678,514$ 1,451,905$ 1,281,236$ 1,565,990$ 1,439,247$ 16,509,003$ FY 2016/17CATEGORYJULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 211,862 188,622 464,738 331,337 302,776 310,738 553,592 307,122 457,822 400,603 660,930 602,001 4,792,143 Utility Sales Tax 256,758 319,698 294,983 273,535 216,045 210,750 210,159 235,740 210,303 197,163 205,177 221,911 2,852,222 Retail Sales Tax 498,390 460,006 467,191 491,196 495,453 598,150 774,898 489,541 512,147 544,825 565,002 542,081 6,438,880 All Other Local Sales Tax *171,723 170,598 181,484 157,224 196,370 185,762 203,062 196,780 236,388 188,520 220,840 195,229 2,303,981 TOTAL 1,138,733$ 1,138,924$ 1,408,396$ 1,253,292$ 1,210,644$ 1,305,400$ 1,741,712$ 1,229,183$ 1,416,660$ 1,331,110$ 1,651,949$ 1,561,222$ 16,387,225$ * Note: Does not include cable franchise fees or sales tax audit revenuesF:\BUDGET ANALYST\Financial Reports 2017-2018\4Q\May\Attachment F - Gen Fund Local Sales Tax7/2/2018
Town Council Regular Session C.
Meeting Date:07/18/2018
Requested by: Daniel G. Sharp Submitted By:Colleen Muhr, Police Department
Department:Police Department
Information
SUBJECT:
Resolution No. (R)18-28, authorizing and approving a High Intensity Drug Trafficking Area (HIDTA) grant
agreement with the City of Tucson, allowing for one (1) officer to be assigned to the Pima County HIDTA
Investigative Task Force (PCHITF)
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
Request is being made to enter into an agreement between the City of Tucson and the Town of Oro Valley for the
participation and administration of a multi-agency Pima County HIDTA Task Force.
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
The total grant funded amount of $117,306 is included in the adopted budget for FY 2018/19.
SUGGESTED MOTION:
I MOVE to (ADOPT or DENY) Resolution No. (R)18-28, authorizing and approving a High Intensity Drug
Trafficking Area (HIDTA) grant agreement between the City of Tucson and the Town of Oro Valley, allowing for
one (1) officer to be assigned to the Pima County HIDTA Investigative Task Force.
Attachments
(R)18-28 - HIDTA Grant
PCHITF IGA
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@30148F35\@BCL@30148F35.doc Town of Oro Valley Attorney’s Office/ca/092210
RESOLUTION NO. (R)18-28
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A HIGH
INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF
ORO VALLEY, ALLOWING FOR ONE (1) OFFICER TO BE ASSIGNED
TO THE PIMA COUNTY HIDTA INVESTIGATIVE TASK FORCE
WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley
Police Department, pursuant to A.R.S. § 9-240 (B)(12); and
WHEREAS, the Town of Oro Valley desires to enter into a Grant Agreement with the City of
Tucson for the participation and administration of a multi-agency High Intensity Drug
Trafficking Area Investigative Task Force for a term effective January 1, 2018 through
December 31, 2019; and
WHEREAS, it is in the best interest of the Town to enter into the Grant Agreement, attached
hereto as Exhibit “A” and incorporated herein by this reference, in order to set forth the terms
and conditions to provide for the health, safety and welfare of the residents in the Town of Oro
Valley.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, that:
1.The Grant Agreement, attached hereto as Exhibit “A”, between the Town of Oro
Valley and the City of Tucson to participate in the High Intensity Drug
Trafficking Area (HIDTA) Grant Agreement allowing for one (1) officer to be
assigned to the Pima County HIDTA Investigative Task Force is hereby
authorized and approved.
2.The Mayor, Chief of Police and other administrative officials are hereby
authorized to take such steps as necessary to execute and implement the terms of
the Grant Agreement.
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@30148F35\@BCL@30148F35.doc Town of Oro Valley Attorney’s Office/ca/092210
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
18th day of July, 2018.
TOWN OF ORO VALLEY, ARIZONA
____________________________________
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM:
_________________________________________________________________
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
_________________________________________________________________
Date Date
EXHIBIT “A”
CITY OF TUCSON
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
PROGRAM
GRANT AGREEMENT CFDA NUMBER: 95.001
AWARD NUMBER (FAIN): G18SA0007A COT Grant Number HT-18-2819
This Grant Agreement is made this 1ST day of January 2018 by and between the CITY OF TUCSON
hereinafter called “CITY” and GOVERNING BODY, through Oro Valley Police Department
hereinafter called “GRANTEE”. The CITY enters into this Agreement pursuant to its authority under
the provisions of A.R.S. § 11-951, et seq., and the City of Tucson’s Resolution number 21460, having
satisfied itself as to the qualification of GRANTEE.
NOW, THEREFORE, it is agreed between the parties as follows:
1. This Agreement will commence on January 1, 2018 and terminate on December 31, 2019.
This Agreement expires at the end of the award period unless prior written approval for an
extension has been obtained from the CITY. A request for extension must be received by the
CITY sixty (60) days prior to the end of the award period. The CITY may approve an extension
that further the goals and objectives of the program and shall determine the length of any
extension within Office of National Drug Control Policy (ONDCP) guidelines.
2. The GRANTEE agrees that grant funds will be used for the Pima County HIDTA
Investigative Task Force (PCHITF).
3. The CITY will monitor the performance of the GRANTEE against goals and performance
standards outlined in the grant application. Sub-standard performance as determined by the
CITY will constitute non-compliance with this Agreement. The GRANTEE shall operate in a
manner consistent with and in compliance with the provisions and stipulations of the approved
grant application and this Agreement. If the CITY finds non-compliance, the GRANTEE will
receive a written notice that identifies the area of non-compliance, and the appropriate
corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to
this notice, and does not provide sufficient information concerning the steps that are being
taken to correct the problem, the CITY may suspend funding; permanently terminate this
Agreement and/or revoke the grant; Any deviation or failure to comply with the purpose
and/or conditions of this Agreement without prior written CITY approval may constitute
sufficient reason for the CITY to terminate this Agreement; revoke the grant; require the
return of all unspent funds, perform an audit of expended funds; and require the return of any
previously spent funds which are deemed to have been spent in violation of the purpose or
conditions of this grant.
4. This Agreement may be modified only by a written amendment signed by the parties. Any
notice given pursuant to this Agreement shall be in writing and shall be considered to have
been given when actually received by the following addressee or their agents or employees:
A. If to the City of Tucson:
ATTN: Minnette Powell
HIDTA/ (Finance)
Tucson Police Department
270 S. Stone Ave.
Tucson, Arizona 85701-1917
High Intensity Drug Trafficking Area Grant Number HT-1 8 -2819 Page 2
B. If to the GRANTEE:
Oro Valley Police Department
11000 N. La Canada Drive
Oro Valley, AZ 85737
Attention: Daniel Sharp, Chief of Police
5. The GRANTEE may make budget adjustments only after written notification with signature
approval from Arizona HIDTA Director is provided to the CITY. A grant adjustment notice
(GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or
reprogramming of the grantee’s budget in an initiative or any reprogramming between
initiative and/or agencies; in any amount, require the approval of the Board, the AZ HIDTA
Director, and/or the ONDCP in accordance with HIDTA Program Policy and Budget Guidance.
APPROVED LINE ITEM PROGRAM BUDGET
Personnel:
Salaries
Fringe Benefits
Overtime
Travel
Facilities
Services
Operating Expenses:
Supplies
Other
Equipment
TOTAL
$71,130.00
$10,670.00
$35,506.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$117,306.00
See Attached Budget Detail Sheet
6. The GRANTEE understands that financial reports are required for reimbursement of
expenditures.
7. Every payment obligation of the CITY under this Agreement is conditioned upon the availability
of funds appropriated or allocated for the payment of such obligation. If funds are not
allocated and available for the continuance of this Agreement, this Agreement may be
terminated by the CITY. No liability shall accrue to the CITY in the event this provision is
exercised, and the CITY shall not be obligated or liable for any future payments or for any
damages as a result of termination under this paragraph.
8. The GRANTEE understands that prior to the expenditure of confidential funds; an authorized
official of the GRANTEE shall sign a certification indicating that he or she has read,
understands, and agrees to abide by all of the conditions pertaining to confidential fund
expenditures as set forth in HIDTA Program Policy and Budget Guidance Para. 6.16.2
High Intensity Drug Trafficking Area Grant Number HT-1 8 -2819 Page 3
9. The GRANTEE certifies that it will comply with Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards 2 CFR 200 as codified in 2 CFR Part
3603 and HIDTA Program Policy & Budget Guidance - October 1, 2016.
Link: Electronic Code of Federal Regulations: http://www.ecfr.gov
10. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit
interest earned in excess of the allowable amount as detailed in 2 CFR, Part 200, §200.305
Payment, and all unexpended grant funds to the CITY within 30 days after receipt of a written
request from the CITY. The GRANTEE agrees to expend all encumbered funds within 90 days
of expiration of this award.
11. The GRANTEE agrees to retain all books, account reports, files and other records, (paper
and/or electronic) relating to this Agreement and the performance of this Agreement for no
less than five (5) years from the last financial report submitted to the CITY. All such
documents shall be subject to inspection and audit at reasonable times.
12. For the purpose of this grant, a capital expenditure is $5,000 or above. If the GRANTEE’S
policy defines a capital expenditure as less than $5,000, the GRANTEE will use its own policy.
The GRANTEE shall maintain a tracking system, in accordance with HIDTA Program Policy &
Budget Guidance – October 1, 2016, Section 8, to account for all HIDTA purchased equipment,
vehicles, and other items valued at $5000 or more per unit at the time of purchase. GRANTEE
is encouraged to include lower cost, high-risk items, electronic devices and software, such as
but not limited to digital cameras, palm pilots, and GPS devices in the tracking system.
The GRANTEE agrees to abide by Section 8, that those using HIDTA funds to purchase
equipment must maintain a current inventory of HIDTA-purchased equipment and must
provide that inventory to the HIDTA Director or an ONDCP employee, and/or the CITY upon
request. A 100-percent physical inventory of HIDTA-purchased equipment must be conducted
at least every two years.
13. The GRANTEE agrees to follow equipment disposition policies outlined in Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2
CFR 200 Subpart D- Post Federal Award Requirements, §§ 310-316- Property Standards when
the equipment is no longer needed for the grant program. When no longer needed for the
original program, the equipment may be used in other activities supported by the Office of
National Drug Control Policy.
Link: Electronic Code of Federal Regulations http://www.ecfr.gov
The GRANTEE agrees that the purchasing agency shall comply with ONDCP HIDTA Program
Policy & Budget Guidance – Oct 1, 2016 Section 8 in determining the end of the useful life and
disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation of
the disposition and provide to the HIDTA Director and the CITY.
14. The GRANTEE agrees to keep time and attendance sheets signed by the employee and
supervisory official having first hand knowledge of the work performed by the grant funded
employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP
HIDTA Program Policy & Budget Guidance – October 1, 2016.
15. The GRANTEE will comply with the audit requirements of Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200 Subpart
F- Audit Requirements and provide the CITY with the audit report and any findings within 90
days of receipt of such finding. If the report contains no findings, the GRANTEE must provide
notification that the audit was completed.
Link: Electronic Code of Federal Regulations http://www.ecfr.gov
High Intensity Drug Trafficking Area Grant Number HT-1 8 -2819 Page 4
16. The GRANTEE agrees that it will submit financial reports and supporting documentation to the
CITY through the AZ HIDTA Finance Manager on forms/format provided by the CITY,
documenting the activities supported by these grant funds. In the event reports are not
received on or before the indicated date(s), funding will be suspended until such time as
delinquent report(s) are received. These reports are submitted according to the following
schedule:
Report Period Month of: Due Date: Report Period Month of: Due Date:
January 1 - 31
February 1 - 29
March 1 – 30
October 1 - 31
November 1 - 30
December 1 - 31
February 25
March 25
April 25
November 25
December 25
January 25
July 1 – 31
August 1 - 31
September 1 – 30
April 1 - 30
May 1 - 31
June 1 - 30
August 25
September 25
October 25
May 25
June 25
July 25
More frequent reports may be required for GRANTEES who are considered high risk.
17. All goods and services purchased with grant funds must be received by the GRANTEE within 60
days of the expiration of this award.
18. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties
Listing Service as required by Executive Order 12549, as defined in 2 CFR 180 et. seq. for
individuals, agencies, companies and corporations debarred or suspended from doing business
with recipients receiving Federal funds. The GRANTEE agrees not to do business with any
individual, agency, company or corporation listed in the Excluded Parties Listing Service.
Link: Excluded Parties Listing System http://sam.gov
19. No funds shall be used to supplant federal, state, county or local funds that would otherwise
be made available for such purposes. Supplanting means the deliberate reduction of State or
local funds because of the existence of Federal funds.
20. The GRANTEE assigns to the CITY any claim for overcharges resulting from antitrust violations
to the extent that such violations concern materials or services applied by third parties to the
GRANTEE in exchange for grant funds provided under this Agreement.
21. The parties agree to use arbitration in the event of disputes in accordance with the provisions
of A.R.S. § 12-1501 et seq.
22. The laws of the State of Arizona apply to questions arising under this Agreement and any
litigation regarding this Agreement must be maintained in Arizona courts, except as provided in
paragraph 25 of this Agreement pertaining to disputes, which are subject to arbitration.
23. The GRANTEE understands that grant funds will not be released until all required reports and
reversion of funds from the prior year grant are submitted to the CITY.
High Intensity Drug Trafficking Area Grant Number HT-1 8 -2819 Page 5
24. The GRANTEE (as “Indemnitor”) agrees to indemnify, defend and hold harmless the CITY (as
“Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses,
(including reasonable attorney’s fees) (hereinafter collectively referred to as “Claims”) arising
out of bodily injury of any person (including death) or property damage, but only to the extent
that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by
the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers,
officials, agents, employees, or volunteers. If the GRANTEE is a State agency or entity, this
paragraph does not apply.
25. Unless GRANTEE’s contractor or subcontractor is a State agency or entity, GRANTEE shall
cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless
the City of Tucson, any jurisdictions or agency issuing any permits for any work arising out of
this Agreement, and their respective directors, officers, officials, agents, and employees from
and against any and all claims, actions, liabilities, damages, losses or expenses (including court
costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter
referred to as “Claims” ) for bodily injury or personal injury (including death), or loss or
damage to tangible or intangible property caused, or alleged to be caused, in whole or in part,
by the negligent or willful acts or omissions of GRANTEE’S contractor or any of the directors,
officers, agents, or employees or subcontractors of such contractor. This indemnity includes
any claim or amount arising out of or recovered under the Worker’s Compensation Law or
arising out of the failure of such contractor to conform to any federal, state, or local law,
statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties
that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence
or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and
against any and all claims. It is agreed that such contractor will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable. Insurance
requirements for any contractor used by GRANTEE are incorporated herein by this reference
and attached to this Agreement as Exhibit “A”.
26. If the GRANTEE is a governmental political subdivision, the GRANTEE will, to the extent
possible and practical share criminal justice information with other authorized criminal justice
agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41-
1750 when sharing data with other criminal justice agencies as electronic data systems are
developed or improved.
27. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil
Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle
A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education
Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age
Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part
42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28
CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 2009-09 and
2007-21. These laws prohibit discrimination on the basis of race, color, religion, sex and
national origin including Limited English Proficiency (LEP) in the delivery of service. In the
event that a Federal or State court or Federal or State administrative agency makes a finding
of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward
a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the CITY.
High Intensity Drug Trafficking Area Grant Number HT-1 8 -2819 Page 6
28. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan
(EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they
have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or
certifications that they have prepared and have on file an EEOP, or that they are exempt from
EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds.
Copies of all submissions such as certifications to or correspondence with the Office for Civil
Rights, Office of Justice Programs regarding this requirement must be provided to the CITY by
the GRANTEE.
29. The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented
in 2 CFR Part 182.
30. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and
Naturalization Form (I-9). This form is to be used by recipients to verify that persons are
eligible to work in the United States. Additionally the GRANTEE ensures compliance with
Executive Order 2005-30 federal immigration laws by state employers and contractors.
31. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to
the CITY within ten (10) days in the event that the project official is replaced during the award
period.
32. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written
approval of the CITY.
33. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement
shall be in any way or to any extent engaged in conduct of political activities in violation of
U.S.C. Title 5, Part II, Chapter 15, Section 1502.
34. The GRANTEE certifies that it presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required under this Agreement.
35. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and for the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid
to any person for influencing or attempting to influence an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Federal award, grant loan, or
cooperative agreement, the GRANTEE will complete and submit to the CITY Standard Form-
LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions
High Intensity Drug Trafficking Area Grant Number HT-1 8 -2819 Page 7
36. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511.
37. This Agreement may be cancelled at the CITY’s discretion if not returned with authorized
signatures to the CITY within 90 days of commencement of the award.
38. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be
affected thereby and all other parts of this Agreement shall be in full force and effect.
39. Pursuant to resolution number 21460, adopted by Mayor and Council December 15, 2009, the
Tucson Police Chief is authorized to enter into contracts and grant agreements for HIDTA
operations.
40. In accordance with A.R.S. §41-4401, GRANTEE warrants compliance with E-Verify and all
federal immigration laws and regulations relating to employees and warrants compliance with
A.R.S. § 23-214A.
High Intensity Drug Trafficking Area Grant Number HT-1 8 -2819 Page 8
IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first
above written.
FOR GRANTEE:
Signature Date
Printed Name and Title
Note: If applicable, the Agreement must be approved by the appropriate county supervisory board
or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if
applicable, resolutions and meeting minutes must be forwarded to the CITY with the signed
Agreement.
Approved as to form and authority to enter into Agreement:
Legal counsel for GRANTEE Date
Printed Name and Title
INDICATE STATUTORY OR OTHER LEGAL AUTHORITY TO ENTER AGREEMENT BELOW:
Appropriate A.R.S., ordinance, or charter reference
FOR CITY OF TUCSON:
Chris Magnus, Chief of Police Date
City of Tucson Police Department
Principal Assistant City Attorney Date
City of Tucson Police Department
Approved as to form
CITY OF TUCSON
GRANT AGREEMENT
Insurance Requirements
Exhibit “A”
Insurance Requirements for Governmental Parties to a Grant Agreement:
None.
Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement:
(Note: this applies only to Contractors used by a governmental entity, not to the governmental entity
itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity
covenants contained in the Intergovernmental Agreement. The City of Tucson in no way warrants that
the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from
liabilities that might arise out of the performance of the work under this Contract by the Contractor, his
agents, representatives, employees or subcontractors, and Contractor and the governmental entity are
free to purchase additional insurance.
A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits
of liability not less than those stated below.
1. Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, personal injury and broad form
contractual liability.
• General Aggregate $2,000,000
• Products – Completed Operations Aggregate $1,000,000
• Personal and Advertising Injury $1,000,000
• Blanket Contractual Liability – Written and Oral $1,000,000
• Fire Legal Liability $50,000
• Each Occurrence $1,000,000
a. The policy shall be endorsed to include the following additional insured
language: “The City of Tucson, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and
employees shall be named as additional insureds with respect to
liability arising out of the activities performed by or on behalf of the
Contractor".
(Note that the other governmental entity(ies) is/are also required to be
additional insured(s) and they should supply the Contractor with their own list
of persons to be insured.)
b. Policy shall contain a waiver of subrogation against the City of Tucson, its
departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
Exhibit “A” Page 2
2. Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned
vehicles used in the performance of this Contract.
Combined Single Limit (CSL) $1,000,000
a. The policy shall be endorsed to include the following additional insured
language: “The City of Tucson, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and
employees shall be named as additional insured with respect to
liability arising out of the activities performed by or on behalf of the
Contractor, involving automobiles owned, leased, hired or borrowed
by the Contractor".
(Note that the other governmental entity(ies) is/are also required to be
additional insured(s) and they should supply the Contractor with their own list
of persons to be insured.)
3. Worker's Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $500,000
Disease – Each Employee $500,000
Disease – Policy Limit $1,000,000
a. Policy shall contain a waiver of subrogation against the City of Tucson, its
departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
b. This requirement shall not apply to: Separately, EACH contractor or
subcontractor exempt under A.R.S. 23-901, AND when such contractor or
subcontractor executes the appropriate waiver (Sole Proprietor/Independent
Contractor) form.
B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to
contain, the following provisions:
1. The City of Tucson, its departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees and the other governmental entity shall be additional insureds to
the full limits of liability purchased by the Contractor even if those limits of liability are in excess
of those required by the Contract.
2. The Contractor's insurance coverage shall be primary insurance with respect to all other available
sources.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by
the Contractor shall not be limited to the liability assumed under the indemnification provisions of
its Contract with the other governmental entity(ies) party to the Grant Agreement.
Exhibit “A” Page 3
C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this
Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after
thirty (30) days prior written notice has been given the City of Tucson. Such notice shall be sent
directly to the GRANTEE and shall be sent by certified mail, return receipt requested.
D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non-
admitted insurers in the State of Arizona with an “A.M. Best” rating of not less than A- VII. The City
of Tucson in no way warrants that the above-required minimum insurer rating is sufficient to protect
the Contractor from potential insurer insolvency.
E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of
insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract.
The certificates for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf.
All certificates and endorsements are to be received and approved before work commences. Each
insurance policy required by this Contract must be in effect at or prior to commencement of work
under this Contract and remain in effect for the duration of the project. Failure to maintain the
insurance policies as required by this Contract, or to provide evidence of renewal, is a material
breach of contract.
All certificates required by this Contract shall be sent directly to the GRANTEE. The City of Tucson’s
project/contract number and project description are to be noted on the certificate of insurance. The
City of Tucson reserves the right to require complete, certified copies of all insurance policies
required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE
CITY OF TUCSON’S RISK MANAGEMENT SECTION.
F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under
its policies or Contractor shall furnish to the county or local government agency responsible separate
certificates for each subcontractor. All coverage’s for subcontractors shall be subject to the minimum
requirements identified above.
G. APPROVAL: Any modification or variation from the insurance requirements must have prior
approval from the City of Tucson, Risk Management Section, whose decision shall be final. Such
action will not require a formal contract amendment, but may be made by administrative action.
H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the
Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self-
Insurance. If the contractor or sub-contractor(s) is/are a City of Tucson agency, board, commission,
or university then none of the above shall apply.
CITY OF TUCSON
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
GRANT AGREEMENT
Confidential Funds Certification
Exhibit “B”
CONFIDENTIAL FUNDS CERTIFICATION
1) This is to certify that I have read, understand, and agree to abide by all of the
conditions for confidential funds as set forth in the effective edition of the Office of
National Drug Control Policy Financial and Administrative Guide.
2) My agency is/is not authorized to disburse confidential funds.
Grant Number: HT18-2819
Date: _____________________ Signature: ___________________________
Authorized Official
PROCEDURES
Each project agency authorized to disburse confidential funds must develop and follow
internal procedures, which incorporate the following elements:
Deviations from these elements must receive prior approval of the ONDCP.
1. Imprest Fund. The funds authorized will be established in an imprest fund, which is
controlled by a bonded cashier.
2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned
must authorize all advances of funds for the P/I. Such authorization must specify the
information to be received, the amount of expenditures, and assumed name of the
informant.
3. Informant Files: Informant files are confidential files of the true names, assumed
names, and signature of all informants to whom payments of confidential
expenditures have been made. To the extent possible, pictures and/or fingerprints of
the informant payee should also be maintained. Refer to Informant Files
“Documentation” (2) for a list of required documents for the informant files.
4. Cash Receipts.
a. The cashier shall receive from the agent or officer authorized to make a
confidential payment, receipt for cash advanced to him/her for such purposes.
b. The agent or officer shall receive from the informant payee a receipt for cash paid
to him/her.
Exhibit “B” Page 2
5. Receipts for Purchase of Information. An Informant Payee Receipt shall identify the
exact amount paid to and received by the informant payee on the date executed.
Cumulative or anticipatory receipts are not permitted. Once the receipt has been
completed no alteration is allowed. The agent shall prepare an Informant Payee
Receipt containing the following information:
a. The jurisdiction initiating the payment.
b. A description of the information/evidence received.
c. The amount of payment, both in numeral and word form.
d. The date on which the payment was made.
e. The signature of the informant payee.
f. The signature of the case agent or officer making payment.
g. The signature of at least one other officer witnessing the payment.
h. The signature of the first-line supervisor authorizing and certifying the payment.
6. Review and Certification. The signed Informant Payee Receipt with a
memorandum detailing the information received shall be forwarded to the agent or
officer in charge. The agent or officer in charge shall compare the signatures.
He/she shall also evaluate the information received in relation to the expense
incurred, and add his/her evaluation remarks to the report of the agent or officer
who made the expenditure from the imprest funds. The certification will be
witnessed by the agent or officer in charge on the basis of the report and Informant
Payee’s Receipt.
7. Reporting of Funds. Each project shall prepare a reconciliation report on the
imprest funds on a quarterly basis. Information to be included in the reconciliation
report will be the assumed name of the informant payee, the amount received, the
nature of the information given, and to what extent this information contributed to
the investigation. Recipients/subrecipients shall retain the reconciliation report in
their files and shall be available for review unless the State agency requests that the
report be submitted to them on a quarterly basis.
8. Record and Audit Provisions. Each project and member agency must maintain
specific records of each confidential fund transaction. At a minimum, these records
must consist of all documentation concerning the request for funds, processing (to
include the review and approve/disapprove), modifications, closure or impact
material, and receipts and/or other documentation necessary to justify and track all
expenditures. Refer to Informant Files Documentation (2) for a list of documents,
which should be in an informant’s file. In projects where funds are used for
confidential expenditures, it will be understood that all of the above records, except
the true name of the informant, are subject to the record and audit provision of
grantor agency legislation.
Exhibit “B” Page 3
INFORMANT FILES
1. Security. A separate file should be established for each informant for accounting
purposes. Informant files should be kept in a separate and secure storage facility,
segregated from any other files, and under the exclusive control of the supervisor or an
employee designated by him/her. The facility should be locked at all times when
unattended. Access to these files should be limited to those employees who have a
necessary legitimate need. An informant file should not leave the immediate area
except for review by a management official or the handling agent, and should be
returned prior to the close of business hours. Sign-out logs should be kept indicating
the date, informant number, time in and out, and the signature of the person reviewing
the file.
2. Documentation. Each file should include the following information:
a. Informant Payment Record - kept on top of the file. This record provides a
summary of informant payments.
b. Informant Establishment Record - including complete identifying and location
data, plus any other documents connected with the informant’s establishment.
c. Current photograph and fingerprint card (or FBI/State Criminal Identification
Number).
d. Agreement with cooperating individual.
e. Receipt for P/I.
f. Copies of all debriefing reports (except for the Headquarters case file).
g. Copies of case initiation reports bearing on the utilization of the informant
(except for the Headquarters case file).
h. Copies of statements signed by the informant (unsigned copies will be
placed in appropriate investigative files).
i. Any administrative correspondence pertaining to the informant, including
documentation of any representations made on his behalf or any other
nonmonetary considerations furnished.
j. Any deactivation report or declaration of any unsatisfactory informant.
INFORMANT MANAGEMENT AND UTILIZATION
All persons who will be utilized as informants should be established as such. The
specific procedures required in establishing a person as an informant may vary from
jurisdiction to jurisdiction but, at a minimum, should include the following:
1. Assignment of an informant code name to protect the informant’s identity.
Exhibit “B” Page 4
2. An informant code book controlled by the supervisor or his/her designee
containing:
a. Informant’s code number.
b. Type of information (i.e. informant, defendant/informant, restricted
use/informant).
c. Informant’s true name.
d. Name of establishing law enforcement officer.
e. Date the establishment is approved.
f. Date of deactivation.
3. Establish each informant file in accordance with Informant File Documentation (2).
4. For each informant in an active status, the agent should review the informant file
on a quarterly basis to assure it contains all relevant and current information. Where
a MATERIAL face that was earlier reported on the Establishment Record is no longer
correct (e.g. a change in criminal status, means of locating him/her, etc.), a
supplemental establishing report should be submitted with the correct entry.
5. All informants being established should be checked in all available criminal
indices. If verified FBI number is available, request a copy of the criminal records
from the FBI. Where a verified FBI number is not available, the informant should be
fingerprinted with a copy sent to the FBI and appropriate State authorities for
analysis. The informant may be utilized on a provisional basis while awaiting a
response from the FBI.
PAYMENTS TO INFORMANTS
1. Any person who is to receive payments charged against PE/PI funds should be
established as an informant. This includes a person who may otherwise be
categorized as sources of information or informants under the control of another
agency. The amount of payment should be commensurate with the value of services
and/or information provided and should be based on the following factors:
a. The level of the targeted individual, organization or operation.
b. The amount of the actual or potential seizure.
c. The significance of the contribution made by the informant to the desired
objectives.
2. There are various circumstances in which payments to informants may be made.
a. Payments for Information and/or Active Participation. When an informant
assists in developing an investigation, either through supplying information or
actively participating in it, he/she may be paid for his/her service either in a lump
sum or in staggered payments. Payments for information leading to a seizure,
with no defendants, should be held to a minimum.
Exhibit “B” Page 5
b. Payment for Informant Protection. When an informant needs protection, law
enforcement agencies may absorb the expenses of relocation. These expenses
may include travel for the informant and his/her immediate family, movement
and/or storage of household goods, and living expense at the new location for a
specific period of time (not to exceed 6 months). Payments should not exceed
the amounts authorized by law enforcement employees for these activities.
c. Payments to Informants of Another Agency. To use or pay another agency’s
informant, he/she should be established as an informant. These payments
should not be a duplication of a payment from another agency; however, sharing
a payment is acceptable.
3. Documentation of payments to informants is critical and should be accomplished on a
Informant Payee Receipt. Payment should be made and witnessed by two law
enforcement officers and authorized payment amounts should be established and
reviewed by at least the first line supervisory level. In unusual circumstances, a non-
officer employee or an officer of another law enforcement agency may serve as
witness. In all instances, the original signed receipt must be submitted to the project
director for review and record keeping.
ACCOUNTING AND CONTROL PROCEDURES
Special accounting and control procedures should govern the use and handling of
confidential expenditures, as described below:
1. It is important that expenditures which conceptually should be charged to PE/PI/PS
are so charged. It is only in this manner that these funds may be properly managed
at all levels, and accurate forecasts of projected needs be made.
2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its
jurisdiction and delegate authority to approve PE/PI/PS expenditures to those
offices, as it deems appropriate.
3. Headquarters management should establish guidelines authorizing offices to spend
up to a predetermined limit of their total allowance on any buy or investigation.
4. In exercising his/her authority to approve these expenditures, the supervisor should
consider:
a. The significance of the investigation.
b. The need for this expenditure to further the investigation.
c. Anticipated expenditures in other investigations.
Exhibit “B” Page 6
Funds for PE/PI/PS expenditures should be advanced to the officer for a specific
purpose. If they are not expended for that purpose, they should be returned to the
cashier. They should not be used for another purpose without first returning them and
repeating the authorization and advance process based on the new purpose.
5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt
form. Informant Payee Receipt or a voucher for P/E should be completed to
document funds used in the purchase of evidence or funds paid or advanced to an
informant.
6. For security purposes there should be a 48-hour limit on the amount of time funds
advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent
at any point within the 48-hour period that the expenditure will not materialize, the
funds should be returned to the cashier as soon as possible. An extension of the 48-
hour limit may be granted by the level of management that approved the advance.
Factors to consider in granting such an extension are:
a. The amount of funds involved.
b. The degree of security under which the funds are being held.
c. How long an extension is required.
d. The significance of the expenditure.
Such extensions should be limited to 48 hours. Beyond this, the funds should be
returned and readvanced, if necessary. Regardless of circumstances, within 48 hours
of the advance, the cashier should be presented with either the unexpended funds,
an executed Informant Payee Receipt or purchase of evidence or written notification
by management that an extension has been granted.
7. P/S expenditures, when not endangering the safety of the officer or informant, need
to be supported by canceled tickets, receipts, lease agreements, etc. If not available,
the supervisor, or his immediate subordinate, must certify that the expenditures
were necessary and justify why supporting documents were not obtained.
Town Council Regular Session 1.
Meeting Date:07/18/2018
Requested by: Bayer Vella Community and Economic Development
Submitted By:Milini Simms, Community and Economic Development
Department:Community and Economic Development
Information
SUBJECT:
DISCUSSION AND POSSIBLE ACTION REGARDING THE CONCEPTUAL SITE PLAN, LANDSCAPE PLAN
AND PHASE I ARCHITECTURE FOR TWO OFFICE BUILDINGS, LOCATED ON THE WEST SIDE OF ORACLE
ROAD, JUST NORTH OF GREENOCK DRIVE
RECOMMENDATION:
The Planning and Zoning Commission recommended approval, subject to the conditions in Attachment 1.
EXECUTIVE SUMMARY:
The purpose of this request is to consider a Conceptual Site and Landscape Plan (Attachment 2) and Phase 1
Architecture (Attachment 3) for two zoning entitled office buildings, located on the west side of the Oracle
Road, just north of Greenock Drive (Attachment 4). The development will be constructed in two phases, the first
phase for Ironwood Dermatology, which will occupy the Lot 1 building. A tenant has not been identified at this time
for Phase 2.
1. The proposed conceptual site and landscape plans include:
Development of two (2) office buildings in phases
One access point from Oracle Road
Use of indigenous plants as natural screening from Oracle Road and surrounding neighbors
2. The proposed conceptual architecture for Ironwood Dermatology (phase 1) includes:
6,473 square foot building
Contemporary Southwest style architecture
Varying roof lines and facade articulation to break up building mass
The proposed Conceptual Site Plan, Landscape Plan and Phase 1 Architecture are in conformance with the
Design Principles and applicable Design Standards of the Zoning Code. As such, the Planning and Zoning
Commission recommended approval, subject to the conditions in Attachment 1.
BACKGROUND OR DETAILED INFORMATION:
Land Use Context:
The existing land use and zoning designations for the property and surrounding area are provided in Attachment
5.
Existing Site Conditions:
2.3 acres
Zoning: Commercial (C-1)
Property is currently vacant
Proposed Improvements:
Development of two office buildings in two phases
Shared access (from Oracle Road), drive aisles, refuse and loading areas
Shared access (from Oracle Road), drive aisles, refuse and loading areas
Dense landscaping around the entire perimeter
Approvals-to-date
1974 - Annexed into the Town of Oro Valley
DISCUSSION/ANALYSIS:
The proposed development is located on the west side of Oracle Road, a 1/4 mile north of Greenock Drive. The
property has a Commercial (C-1) zoning designation and is subject to the Oracle Road Scenic Corridor Overlay
District (ORSCOD).
1. Conceptual Site and Landscape Plan
The Conceptual Site and Landscape Plan (Attachment 2) is for two office buildings both accessed by a shared
drive off Oracle Road. The development will be phased, with construction of Ironwood Dermatology (lot 1
building), parking area and all landscaping to be completed during the first phase.
Conceptual Site Plans are reviewed for their conformance to the Design Guidelines and applicable Design
Standards in the Zoning Code. A detailed analysis of each is provided in Attachment 6. Notable elements include:
Both buildings are single-story and oriented towards Oracle Road creating a cohesive design
Shared access from Oracle Road
Dense landscaping around the entire perimeter of the property
2. Conceptual Architecture
Conceptual Architecture for Ironwood Dermatology (Phase 1) was reviewed for conformance to the Design
Principles and Design Standards established in the Zoning Code. A detailed analysis of each is provided in
Attachment 6. Notable elements include:
Design: The proposed building utilizes Southwestern Territorial elements, shapes and textures. The design
incorporates a standing seam metal roof with varying roof lines,architecturally appropriate windows with
awnings, stucco walls in complementary colors, and stacked stone wainscoting along the entrance and
accent walls.
Scale, height and mass: The height and mass of the proposed building is compatible with the surrounding
area. The use of different paint colors, awnings and stacked stone breaks up the building mass.
Additionally, the proposed development is at a lower elevation than Oracle Road, protecting the scenic
views.
Compatibility to surrounding area: The height, colors and materials are complimentary and similar to others
found in the surrounding area.
The architectural design for the second phase of development (rear building) must be compatible with the design
of the first building and will be brought for consideration by Town Council at a future date.
PLANNING AND ZONING COMMISSION:
The applicant's request was considered by the Planning and Zoning Commission on July 10, 2018, in which they
recommended approval, subject to the conditions in Attachment 1. Additionally, the Planning and Zoning
Commission approved an Alternative Parking Ratio and and planting plan within 100 feet of Oracle Road, as
permitted by code (for more information, see Attachment 7).
In addition, drainage exiting the proposed development was also discussed. Specifically the process used for
assuring the proposed development will not negatively impact existing conditions in the area. As such,
Commissioner Cox requested the Stormwater Drainage Report be provided as a condition of approval, during his
motion. The applicant opted to submit the drainage report during conceptual design review, so this condition has
been satisfied (see Attachment 9 for meeting minutes).
PUBLIC PARTICIPATION:
A neighborhood meeting for the proposed project was held on February 27, 2018, with 19 residents in
attendance. Several questions and concerns were raised and addressed by the applicant (for specifics, see
Attachment 7). During that meeting, it was determined a second neighborhood meeting was unnecessary as there
were no outstanding items. A summary of the neighborhood meeting is included in Attachment 8.
Summary of Public Notice
Public notice has been provided:
Homeowners Association mailing
Post at Town Hall and on website
Postcard to all property owners within 600 feet
CONCLUSION/RECOMMENDATION
In summary, both requests are in conformance with the Design Principles and applicable Design Standards of the
Zoning Code. As such, the Planning and Zoning Commission recommended approval, subject to the conditions in
Attachment 1.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to APPROVE the Conceptual Site Plan, Landscape Plan and Phase 1 Architecture, subject to the
conditions in Attachment 1, finding they are in conformance with the Design Principles and applicable Design
Standards of the Zoning Code.
OR
I MOVE to DENY the Conceptual Site Plan, Landscape Plan and Phase 1 Architecture for an office development,
based on the finding ______________________.
Attachments
ATTACHMENT 1- CONDITIONS OF APPROVAL
ATTACHMENT 2 - CONCEPTUAL SITE AND LANDSCAPE PLANS
ATTACHMENT 3- CONCEPTUAL ARCHITECTURE
ATTACHMENT 4- LOCATION MAP
ATTACHMENT 5- LAND USE AND ZONING TABLE
ATTACHMENT 6 - DESIGN GUIDELINES AND DESIGN STANDARDS ANALYSIS
ATTACHMENT 7- PZC STAFF REPORT 7.10.18
ATTACHMENT 8- NEIGHBORHOOD MEETING SUMMARY
ATTACHMENT 9- PZC DRAFT MINUTES 7.10.18
Attachment 1
Office buildings on Oracle Road
(OV1801101)
Conditions of Approval
Conceptual Site Plan
1. Address all comments in the Planning letter dated June 27, 2018.
2. The associated Minor Land Division demonstrating shared access must be approved by
Town staff and recorded with Pima County, prior to issuing grading permits.
3. All perimeter plants, including shrubs and accents, shall be shown on the Final Landscape
Plan and included in the first phase of development.
4. All mechanical equipment shall be fully screened. A detail depicting an architecturally
compatible screening method must be provided on the Final Landscape Plan.
Conceptual Architecture
5. All mechanical equipment shall be fully screened. A detail depicting an architecturally
compatible screening method must be provided, prior to final approval.
6. The proposed downspouts shall be internalized into the columns or building.
7. Ladder access to the roof shall be located inside the building through a riser room or other
applicable space.
CONCEPTUAL ARCHITECTURE NARRATIVE, SECOND SUBMITTAL
IRONWOOD DERMATOLOGY
INTRODUCTION
The new building for Ironwood Dermatology (ID) will be a single story, 6473 square foot building for a single
tenant on the west side of Oracle Road near Greenock Drive. A future building is also planned on being built on
the site for an undetermined tenant and will be similar in character, materials and massing to the ID building.
This narrative is specific to the projected ID building. A Floor Plan, Exterior Elevations (all four sides), and a
Building Section and Overall Site Section are included in this submittal to assist in explaining the architectural
concept and character. Also provided are site photos of and from the existing site showing the existing
landscaping and the adjoining properties. Also included are photos of the similar use of proposed exterior
building materials along with selected colors and their Light Reflectivity Values.
SITING AND ORIENTATION
The site is irregular in shape, widest at the Oracle Road frontage and narrowing to a near point at the back, and
located on a peninsula between two washes, the Rooney Wash merges at the back of the property. Along the
property frontage, Oracle Road is along a northeast/southwest alignment. The building entry side is parallel to
Oracle Road facing southeast. Due to the irregular configuration of the site, the building naturally steps back
away from the frontage alignment as the site narrows. This creates natural interest in the building’s
appearance creating several offsets around the structure. The building will be designed for visual interest and
character on all four sides. Facing southeast, the building also has the greatest view of the mountains from the
front. The site slopes from southeast to southwest about six feet. The building will be built at a floor line
elevation of about 3’ above grade creating a balanced cut and fill across the site (see Building Section in this
package). The adjacent residential properties are well separated from the property by the two large wide
washes and their views will not be impacted by this single story building. Noise and traffic will also not
appreciably affect the adjacent neighborhoods and onsite parking will be well screened with screen walls and
landscaping. All elements of the site will be ADA accessible.
SCALE AND MASSING
With a maximum parapet height of eighteen feet and a lower parapet height of sixteen feet, the massing will
be complemented by lower sloping metal roofs creating a counterpoint to the higher parapets.
COLOR AND MATERIALS
As indicated by the colored elevations included with this package, the building will reflect earth tones and be
compatible with the natural setting as well as the contextual palette of the Town of Oro Valley generally. The
colors selected will have a light reflectivity value less than 60% (see actual LRV’s on the Materials Photos and
Color Selection sheet in this package). The exterior materials will be stucco, with some natural stone accents,
and rusted metal roof and awning components. Some portions of the building will be a complementary stucco
color and other portions will receive the stone accent. There will be accent color at the coping, entry, and
exposed metal beams and posts.
Page two – Ironwood Dermatology Narrative
SCREENING
All mechanical units and all garbage container areas will be screened with materials and color compatible to
the building. A detail sheet for the garbage enclosure is included in this package.
SIGNAGE
Other than directional “landscape” signage, building identification signage will occur on the parapet wall near
the entry and a monument sign near the Oracle Road entry to the site. All of the signage will be similar in color
to the accent colors of the building and will be submitted for permit separately from the building permit.
DERMATOLOGYDERMATOLOGY
Material Photos and Color SelectionMain Stucco ColorLight Reflectance Value: 47Metal RoofLight Reflectance Value: 53Secondary Stucco ColorLight Reflectance Value: 19Stacked StoneLight Reflectance Value: 17-34Note: Photos are for reference only for stone and roof- exact color of painted stucco is shown on this sheet.
SITE PHOTOS – IRONWOOD DERMATOLOGY LOOKING WEST FROM ORACLE ROAD LOOKING EAST TO ORACLE ROAD FROM BUILDING LOCATION LOOKING WEST FROM BUILDING LOCATION LOOKING SOUTH FROM BUILDING LOCATION LOOKING NORTH FROM BUILDING LOCATION VIEW FROM ORACLE ROAD OF ROONEY WASH ON NORTH SIDE OF PROPERTY
SITE PHOTOS – IRONWOOD DERMATOLOGY LOOKING WEST FROM ORACLE ROAD 1PHOTOS LOOKING WEST- FROM SOUTH END OF SITE TO NORTHLOOKING WEST FROM ORACLE ROAD 2LOOKING WEST FROM ORACLE ROAD 3LOOKING WEST FROM ORACLE ROAD 4
PHOTOS LOOKING EAST FROM SITE- FROM NORTH END OF SITE TO SOUTH SITE PHOTOS – IRONWOOD DERMATOLOGY LOOKING EAST FROM ORACLE ROAD 1LOOKING EAST FROM ORACLE ROAD 2LOOKING EAST FROM ORACLE ROAD 3
SITE PHOTOS – IRONWOOD DERMATOLOGY PHOTOS LOOKING WEST- FROM SOUTH END OF SITE TO NORTHLOOKING WEST FROM ORACLE ROAD 5LOOKING WEST FROM ORACLE ROAD 6LOOKING WEST FROM ORACLE ROAD 7
Office Development on Oracle Road
Location Map
OV1801101Oracle RoadYellow outline –subject property
Pusch View Lane
Office Development on Oracle Road
Land Use and Zoning Table
(OV1801101)
Attachment 7
EXISTING LAND USE GENERAL PLAN ZONING
SUBJECT
PROPERTY Vacant Neighborhood
Commercial/Office C-1
NORTH Multi-family Residential High-density residential C-1
SOUTH Commercial / Office High-density residential R-6
EAST Vacant Low-Density Residential-2 OV Town Centre Planned
Area Development
WEST Single Family Residential
and Townhomes High-density residential C-1
Attachment 6
Office Development on Oracle Road and Greenock Drive
Conceptual Site Plan, Landscape Plan and Architecture
Design Principles and Design Standards Analysis
Conceptual Site Plan
The Conceptual Site Plan is for two office buildings on approxima tely 10 acres. The property is
located on the west side of Oracle Road, just north of Greenock Drive. The table below
provides a summary of the proposed development:
Proposed Phase 1 (Front) Phase 2 (Rear)
Building Square Footage 6,473 sf 7,111 sf
Building Height 18’ feet, single-story 18’ feet, single-story
Setbacks
Front (60’ from Oracle Rd. or 20 feet) 85’ 42’
Rear (25 feet) 40’ 80’
Side (25 feet) 60’,74’ 26’, 47’
Open space .92 acres total
Applicable Design Principles, Section 22.9.D.5.a
The Conceptual Site Plan, subject to the conditions in Attachment 1, is in conformance with
applicable Design Principles. Following are applicable Design Principles (in italics), followed by
staff analysis.
Building orientation: the location, orientation and size of structures shall promote a
complementary relationship of structures to one another.
Staff Commentary: The proposed buildings are the same height and orientated towards Oracle
Road, creating a cohesive office development.
Drainage/grading: site grading shall minimize impacts on natural grade and landforms and
provide for subtle transitions of architectural elements to grade. Significant cuts and fills in
relation to natural grade shall be avoided or minimized to the extent practical given property
constraints.
Staff Commentary: The primary sloped areas are located along Oracle Road in the right -of-
way. As such, the development is located at a lower elevation than Oracle Road and will
comply with the allowable grading requirements in the Zoning Code.
A full drainage report will be required as part of final design review to verify conformance with
the Town’s Drainage Criteria Manual. All post-development flow must be mitigated and
released in the same manner and quantity as the existing conditions. The conceptual site plan
features a basin in the rear of the property.
Connectivity: strengthen the usability and connectivity of the pedestrian environment internally
and externally by6 enhancing access to the public street system, transit, adjoining
development and pedestrian and bicycle transportation routes. Buildings and uses should
provide access to adjacent open space and recreational areas where appropriate.
Staff Commentary: Sidewalks are proposed along the access drive and around the buildings.
Crosswalks are also proposed to connect both buildings and Oracle Road. Additionally, the
applicant must pay an in-lieu fee to the Town for future sidewalks along Oracle Road.
Design Standards Analysis
The proposed Conceptual Site Plan has been reviewed for conformance with the applicable
Design Standards. Following are key Design Standards (in italics), followed by staff’s
commentary.
Section 2.1.B.1.f: The relationships of buildings shall be considered to create open spaces and
pedestrian continuity.
Staff Commentary: The proposed buildings are both oriented towards Oracle Road. This
configuration allows for pedestrian connectivity between both and to Oracle Road. Additionally,
the courtyard for Lot 1 is in the center of the property, aesthetically pleasing for both lots.
Section 2.1.D.1.a. Provide buildings, screen walls, berms or landscaping between parking
areas and streets.
Staff Commentary: The proposed development is a lower elevation than Oracle Road.
However, landscaping around the entire property perimeter is utilized as a natural screening
between the parking area and nearby streets and residences.
Section 2.1.J.1.b. Refuse enclosures and service areas shall be located away from residential
areas in a manner to reduce visibility of those areas from adjoining streets and property.
Screening techniques such as walls and landscaping shall be utilized to reduce visual impact
of these areas.
Staff Commentary: The applicant’s proposal places the loading area and refuse enclosure on
the side of the development, furthest away from the nearby townhomes (located west of the
property) and Oracle Road. Screening through walls and gates that are architecturally
compatible to the first phase building as well as dense, perimeter landscaping acting as a
natural screen are incorporated into the design.
Conceptual Landscape Plan
The Conceptual Landscape Plan is includes landscaped parking islands, areas around all four-
sides of the buildings, a courtyard, and areas planted around the perimeter of the entire site. A
condition of approval is included in Attachment 1, to assure all landscaping is planted during
the first phase of development.
Conceptual Architecture
Applicable Design Principles, Section 22.9.D.5.b
The Conceptual Architecture is in conformance with applicable Design Principles. Following
are applicable Design Principles (in italics), followed by staff analysis.
Design: Building architectural design shall be appropriate for the climate and characteristics of
the Sonoran Desert, including indigenous and traditional textures, colors, and shapes found in
and around Oro Valley. All development shall maintain and strengthen the high quality of
design exemplified in Oro Valley through project creativity and design excellence
Staff Commentary: The proposed building utilizes Southwestern Territorial elements, shapes
and textures. The design incorporates:
• A standing seam metal roof with varying roof lines
• Architecturally appropriate windows with awnings (where applicable)
• Stucco walls in complementary colors, stacked stone wainscoting along the
entrance and accent walls
• Exposed metal beams
Scale, height and mass: building scale, height and mass shall be consistent with town
approved intensity of the site, designated scenic corridors and valued mountain views. Building
shall be designed to respect the scale of adjoining areas and should mitigate the negative and
functional impacts that arise from scale, bulk and mass.
Staff Commentary: The height and mass of the proposed building is compatible with the
surrounding area. The use of different paint colors, awnings and stacked stone breaks up the
building mass. Additionally, the proposed development is at a lower elevation than Oracle
Road, protecting the scenic views.
Facade Articulation: All building facades shall be fully articulated, including variation in building
massing, roof planes, wall planes, and surface articulation. Architectural elements including,
but not limited to, overhangs, trellises, projections, awnings, insets, material, and texture shall
be used to create visual interest that contributes to a building’s character.
Staff Commentary: The proposed architecture features four-sided, fully articulated wall planes.
The design creates visual interest through the use of stacked stone along the primary entrance
and accent wall, color blocking, awnings, metal beams, and appropriate window sizes and
fenestration.
Screening: building design and screening strategies shall be implemented to conceal the view
of loading areas, refuse enclosures, mechanical equipment, appurtenances and utilities from
adjacent public streets and neighborhoods.
Staff Commentary: All mechanical equipment, refuse and loading areas will be screened with
compatible colors and materials to the building. A condition of approval is included in
Attachment 2, to include a detail of the mechanical equipment screening during final design
review.
Planning & Zoning Commission AGENDA ITEM: 2.
Meeting Date:07/10/2018
Requested by: Bayer Vella, Community and Economic Development
Submitted By:Milini Simms, Community and Economic Development
Case Number:OV1801101
SUBJECT:
DISCUSSION AND POSSIBLE ACTION REGARDING TWO OFFICE BUILDINGS, LOCATED ON THE WEST
SIDE OF ORACLE ROAD, JUST NORTH OF GREENOCK DRIVE, OV1801101
ITEM A: CONCEPTUAL SITE AND LANDSCAPE PLAN, INCLUDING AN ALTERNATIVE PARKING RATIO
ITEM B: CONCEPTUAL ARCHITECTURE FOR THE FIRST PHASE OF DEVELOPMENT
RECOMMENDATION:
Staff recommends approval of both items, subject to the conditions in Attachment 1 and Attachment 2.
EXECUTIVE SUMMARY:
The purpose of this request is to consider a Conceptual Site Plan (Attachment 3), including an Alternative Parking
Ratio (Attachment 4), Conceptual Landscape Plan (Attachment 5) and Conceptual Architecture (Attachment 6) for
two proposed office buildings, located on the west side of the Oracle Road, just north of Greenock Drive
(Attachment 7). The development will be constructed in two phases, the first phase for Ironwood Dermatology,
which will occupy the Lot 1 building.
Item A: the proposed conceptual site and landscape plans include:
Development of two (2) office buildings in phases
One access point from Oracle Road
Shared access drive, utilities, refuse and loading zones
An Alternative Parking Ratio request to increase the amount of parking spaces for the first phase of
development from the required 29 spaces to 55 spaces.
Use of indigenous plants as natural screening from Oracle Road and surrounding neighbors
Item B: the proposed conceptual architecture for Ironwood Dermatology (phase 1) includes:
6,473 square foot building
Contemporary Southwest style architecture
Varying roof lines and facade articulation
Utilization of colors and materials to break up the building mass
Staff finds the proposed Conceptual Site and Landscape Plans, including the request for an Alternative Parking
Ratio, and Conceptual Architecture are in conformance with the Design Principles and applicable Design
Standards of the Zoning Code and recommends approval, subject to the conditions in Attachment 1 and
Attachment 2.
BACKGROUND OR DETAILED INFORMATION:
Land Use Context:
Land Use Context:
The existing land use and zoning designations for the property and surrounding area are provided in Attachment
8.
Existing Site Conditions:
2.3 acres
Zoning: Commercial (C-1)
Property is currently vacant
Proposed Improvements:
Development of two office buildings in two phases
Shared access (from Oracle Road), drive aisles, refuse and loading areas
Parking to support both developments
Approvals-to-date:
1974- Annexed into the Town of Oro Valley
DISCUSSION/ ANALYSIS:
The proposed development is located on the west side of Oracle Road, a 1/4 mile north of Greenock Drive. The
property has a Commercial (C-1) zoning designation and is subject to the Oracle Road Scenic Corridor Overlay
District (ORSCOD).
Item A: Conceptual Site Plan
The Conceptual Site Plan (Attachment 3) is for two office buildings both accessed by a shared drive off Oracle
Road. The development will be phased, with construction of Ironwood Dermatology (lot 1 building), parking area
and all landscaping to be completed during the first phase.
Conceptual Site Plans are reviewed for their conformance to the Design Guidelines and applicable Design
Standards in the Zoning Code. A detailed analysis of each is provided in Attachment 9. Notable elements include:
Both buildings are single-story and oriented towards Oracle Road creating a cohesive design.
Pedestrian connectivity from Oracle Road to both buildings through sidewalks and crosswalks
Shared access from Oracle Road, drive aisles, refuse and loading areas
Sufficient parking to support both developments
Alternative Parking Ratio
The criteria for reviewing an Alternative Parking Ratio is established Section 27.7 of the Zoning Code. Alternative
Parking Ratios are approved by the Planning and Zoning Commission. A detailed analysis of each criteria is
provided in Attachment 10. Notable elements include:
The amount of additional spaces requested is based on the amount of customers Ironwood Dermatology
currently experiences at their other locations.
The amount of mobility-impaired spaces required will maintained and located closest to the entrance.
All pedestrian areas of connectivity will be maintained.
Conceptual Landscape Plan:
The Conceptual Landscape Plan (Attachment 5) includes landscaped parking islands, areas around all four sides
of the buildings, a shaded courtyard and areas planted around the perimeter of the entire site. A condition is
included in Attachment 1, requiring all perimeter landscaping, including shrubs and accents, be provided during
the first phase of development.
The Oracle Road Scenic Corridor Overlay District (ORSCOD) requires specific native plants within 100 feet of
Oracle Road right-of-way be preserved in place, except for clearing necessary to provide utilities and access to
the site. The intent of this code requirement is to maintain the scenic views by creating a natural barrier between
the development and the road.
The applicant is requesting to remove some native plants within the 100 foot area, which is allowed with Planning
and Zoning Commission approval. The following elements should be considered:
All of the plants being removed are unhealthy and would not survive past 5 years.
The subject property is at a lower elevation than Oracle Road. As such, the scenic views are not
compromised with the development.
The applicant proposes transplanting other native plants from the site along Oracle Road, to maintain the
intent of this code requirement and scenic views of Oracle Road.
Item B: Conceptual Architecture
Conceptual Architecture for Ironwood Dermatology (Phase 1) was reviewed for conformance to the Design
Principles and Design Standards established in the Zoning Code. A detailed analysis of each is provided in
Attachment 9. Notable elements include:
Design: The proposed building utilizes Southwestern Territorial elements, shapes and textures. The design
incorporates a standing seam metal roof with varying roof lines,architecturally appropriate windows with
awnings, stucco walls in complementary colors, and stacked stone wainscoting along the entrance and
accent walls.
Scale, height and mass: The height and mass of the proposed building is compatible with the surrounding
area. The use of different paint colors, awnings and stacked stone breaks up the building mass.
Additionally, the proposed development is at a lower elevation than Oracle Road, protecting the scenic
views.
Compatibility to surrounding area: The height, colors and materials are complimentary and similar to others
found in the surrounding area.
Screening: The refuse and loading areas will be screened with architecturally compatible opaque walls.
Additionally, conditions of approval requiring the proposed downspouts and roof-access ladder be
internalized and all mechanical equipment be fully screened are included in Attachment 2. A detail of the
mechanical screening must be provided prior to final approval.
The architectural design for the second phase of development (rear building) must be compatible with the design
of the first building and will be brought for consideration by the Planning and Zoning Commission and Town
Council at a future date.
PUBLIC PARTICIPATION:
A neighborhood meeting for the proposed project was held on February 27, 2018 with 19 residents in attendance.
Several questions and concerns were raised, including:
Height of the proposed buildings and views
Use of the second phase building (rear)
Traffic on Greenock Drive
Drainage impacts from developing the property
The applicant addressed these concerns by:
Impacts to views: Proposing both buildings be eighteen feet (18) or single-story and adding
dense landscaping around the perimeter of the entire property to screen the development
Proposing both buildings be medical office or other uses permitted within the existing commercial zoning
district
Traffic impacts: The proposed development is only accessed from Oracle Road at least 330' feet away from
Greenock Drive.
Drainage impacts: Per code all post-development flow must be mitigated and released in the same manner
and quantity as the existing conditions. A full drainage report will be reviewed to verify conformance with
the Town's Drainage Criteria Manual.
During that meeting, it was determined a second neighborhood meeting was unnecessary as there were no
outstanding items. A summary of the neighborhood meeting is included in Attachment 11.
Summary of Public Notice
Public notice has been provided:
Homeowners Association mailing
Post at Town Hall and on website
Postcard to all property owners within 600 feet
CONCLUSION/RECOMMENDATION
In summary, both requests are in conformance with the Design Principles and applicable Design Standards of the
Zoning Code. As such, staff recommends approval subject to the conditions in Attachment 1 and Attachment 2.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
Item A:
Item A:
I MOVE to recommend approval of the Conceptual Site/Landscape Plan and approve the Alternative Parking
Ratio for an office development, subject to the conditions in Attachment 1, finding each is in conformance with the
Design Principles and applicable Design Standards of the Zoning Code.
OR
I MOVE to recommend denial of the Conceptual Site/Landscape Plan and deny the Alternative Parking Ratio for
an office development, based on the finding _____________________.
Item B:
I MOVE to recommend approval of the Conceptual Architecture for the first phase only of the office development,
subject to the conditions in Attachment 2, finding it is in conformance with the Design Principles and applicable
Design Standards of the Zoning Code.
OR
I MOVE to recommend denial of the Conceptual Architecture for the first phase of an office development, based
on the finding___________________________.
Attachments
ATTACHMENT 1- ITEM A CONDITIONS OF APPROVAL
ATTACHMENT 2- ITEM B CONDITIONS OF APPROVAL
ATTACHMENT 3- CONCEPTUAL SITE PLAN
ATTACHMENT 4- ALTERNATIVE PARKING RATIO
ATTACHMENT 5- CONCEPTUAL LANDSCAPE PLAN
ATTACHMENT 6- CONCEPTUAL ARCHITECTURE
ATTACHMENT 7- LOCATION MAP
ATTACHMENT 8- LAND USE AND ZONING TABLE
ATTACHMENT 9- DESIGN GUIDELINES AND DESIGN STANDARDS ANALYSIS
ATTACHMENT 10- ALTERNATIVE PARKING RATIO ANALYSIS
ATTACHMENT 11- NEIGHBORHOOD MEETING SUMMARY
1
Oracle Road and Greenock Drive- Proposed Commercial / Office
Neighborhood Meeting Summary
Town Hall, 11000 N. La Cañada Drive
February 27, 2018
6:00 – 7:30 PM
Introductions and Welcome
Meeting facilitator Michael Spaeth, Current Planning Principal Planner, introduced Milini
Simms, Senior Planner as the Town’s project manager for this proposal. Approximately
19 residents and interested parties attended the meeting, including Council Member
Hornat, Council Member Rodman and Planning and Zoning Commission Chairman Hurt,
and Commissioner Swope.
Staff Presentation
Milini Simms, Senior Planner, provided a presentation that included:
Subject property
Overview of applicant’s proposal
Existing and allowed zoning standards and uses
Review tools for proposal once a formal submittal is received
Public participation process
Applicant Presentation
The applicant, Walter Hoge from Rio West, provided a presentation detailing the applicant’s
concept, which included:
Overview of the project
Intended use of the second (rear) building
Timeline for completion
Public Questions & Comments
Following is a summary of questions and comments:
Regarding the site layout:
1. In regards to views and building height, what is the maximum height allowed and
how it is measured?
2. Are more than the code required amount of parking spaces being proposed? If so,
what is this amount based on?
3. Could the refuse area be moved to the other side of the development, nearest the
apartments?
4. What type and where will signs be placed for the development?
5. Could the driveway be moved further north, away from Greenock Drive?
6. What is the proposed lighting for the property?
7. Will the development incorporate any green building concepts, such as permeable
pavement surfaces or solar panels?
8. The property slopes down. Will it be raised to the surface level of Oracle Road?
9. The area previously flooded. What is the retention plan for Stormwater?
10. Will plants and other environmental resources be salvaged?
11. What is the plan for mitigating the large sewer line and possible associated
easement running through the property?
Regarding the proposed use:
12. How many employees will work at the dermatologist office?
13. Does the proposed medical office generate medical waste?
14. Will an emergency generator be used?
15. Why does the applicant want to construct a new building rather than use a vacant
space available in Oro Valley?
Other:
16. Turning left onto Oracle Road from Greenock Drive is difficult. Does the Town
have any influence on ADOT for possible improvements?
The applicant Mr. Hoge, from Rio West and Town staff addressed some of the questions
related to the proposal and the associated impacts. If neighbors are interested and upon
receiving a formal submittal, Town staff committed to meet with them to discuss drainage. It
was determined a second neighborhood meeting was unnecessary as there were no
outstanding items.
Mr. Spaeth closed the meeting, thanked everyone for their attendance and encouraged
everyone to contact Ms. Simms, the Town’s project manager, with any additional thoughts,
comments or concerns.
July 10, 2018 Planning and Zoning Commission 1
MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
SPECIAL SESSION
July 10, 2018
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
SPECIAL SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
Chair Hurt called the meeting to order at 6:00 p.m.
ROLL CALL
PRESENT: Charlie Hurt, Chair
Greg Hitt, Commissioner
Bob Swope, Commissioner
Thomas Gribb, Commissioner
Don Cox, Commissioner
Nathan Basken, Commissioner
EXCUSED: Tom Drzazgowski, Commissioner
ALSO PRESENT:
Community and Economic Development Director J.J. Johnston
Chief Civil Deputy Attorney Joe Andrews
Council Liaison Bill Rodman
Planning Manager Bayer Vella
Permitting Manager David Laws
PLEDGE OF ALLEGIANCE
Chair Hurt led the Commission and audience in the Pledge of Allegiance.
CALL TO AUDIENCE
There were no speaker requests.
COUNCIL LIAISON COMMENTS
Council Liaison Bill Rodman provided the following updates:
- On behalf of the Town Council, thank you to Greg Hitt for returning to the Commission.
July 10, 2018 Planning and Zoning Commission 2
- At the last Council meeting on June 6, Council approved the Miller Ranch rezoning
and the amendment to the Zoning Code related to Conditional Use Permits regarding
utility poles, wires and equipment.
- For the upcoming Council meeting on July 18, the five cases on tonight's agenda may
be heard by Council based on the recommendations by the Commission tonight.
- Council will be on break for the month of August.
SPECIAL SESSION AGENDA
1. REVIEW AND APPROVAL OF THE MAY 1, 2018 REGULAR SESSION
MEETING MINUTES
MOTION: A motion was made by Commissioner Swope and seconded by
Commissioner Gribb to approve the May 1, 2018 meeting minutes as written.
MOTION carried, 4-0. with Greg Hitt, Commissioner and Don Cox, Commissioner
abstained.
2. DISCUSSION AND POSSIBLE ACTION REGARDING TWO OFFICE
BUILDINGS, LOCATED ON THE WEST SIDE OF ORACLE ROAD,
JUST NORTH OF GREENOCK DRIVE, OV1801101
ITEM A: CONCEPTUAL SITE AND LANDSCAPE PLAN, INCLUDING AN
ALTERNATIVE PARKING RATIO
ITEM B: CONCEPTUAL ARCHITECTURE FOR THE FIRST PHASE OF
DEVELOPMENT
Senior Planner Milini Simms provided a presentation that included the following:
- Purpose
- Location
- Conceptual Site Plan
- Alternative Parking Ratio
- Conceptual Landscape Plan
- Conceptual Architecture
- Compatibility with Surrounding Architecture
- Public Participation
- Impact on Views
- Summary and Recommendation
Applicant Walter Hoge spoke on some of the high points of the project:
- It has been an interactive process and have worked closely with consultants and Town
staff
- Have gone to great degrees of mitigation to achieve desired outcome
July 10, 2018 Planning and Zoning Commission 3
- Entire site development will be completed in Phase 1, what will remain is the pad
for the second building
- Anticipate another medical company for the second occupant in the future
Discussion ensued amongst the Commission, applicant and staff.
James McMurtie, civil engineer for the project, stated that the additional parking spaces
did not include additional disability spaces; it includes the amount required by
international building code.
Chair Hurt opened the public hearing.
Oro Valley resident David Clement spoke as undecided on Agenda Item 2.
Chair Hurt closed the public hearing.
Permitting Manager David Laws addressed the speaker's concerns regarding drainage.
MOTION: A motion was made by Commissioner Cox and seconded by Commissioner
Swope to recommend approval of the Conceptual Site/Landscape Plan and approved
the Alternative Parking Ratio for an office development subject to the conditions in
Attachment 1, (including the Stormwater drainage report) finding each is in conformance
with the Design Principles and applicable Design Standard of the Zoning Code.
MOTION carried, 6-0.
MOTION: A motion was made by Commissioner Gribb and seconded by Commissioner
Cox to recommend approval of the Conceptual Architecture for the first phase only of
the office development, subject to the conditions in Attachment 2, finding it is in
conformance with the Design Principles and applicable Design Standards of the Zoning
Code.
MOTION carried, 6-0.
3. DISCUSSION AND POSSIBLE ACTION: CONCEPTUAL SITE AND
LANDSCAPE PLANS FOR VICTORY WORSHIP CENTER AND
SPRINGBOARD YOUTH CRISIS CENTER, LOCATED ON THE NORTHWEST
CORNER OF TANGERINE ROAD AND COMO DRIVE, OV1801125
Senior Planner Milini Simms provided a presentation that included the following:
- Purpose
- Location
- Revised Conceptual Site and Landscape Plans
- History
- Public Participation
July 10, 2018 Planning and Zoning Commission 4
- Summary and Recommendation
Brian Hagedon of GLHN Architects and Engineers, did not provide a presentation, but
offered to answer any questions.
Discussion ensued amongst the Commission, staff and the applicant.
Chair Hurt opened the public hearing.
Oro Valley resident Ron Orrantia spoke as opposed to Agenda Item 3.
Oro Valley resident Jim Engle spoke on Agenda Item 3.
Chair Hurt closed the public hearing.
Staff addressed the traffic, dust and drainage concerns raised during public hearing.
MOTION: A motion was made by Commissioner Hitt and seconded by Commissioner
Basken to recommend approval of the Conceptual Site and Landscape Plans for Victory
Worship Center, subject to the conditions in Attachment 1, based on the finding it is in
conformance with the Design Principles and applicable Design Standards of the Zoning
Code.
MOTION carried, 6-0.
4. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A
ZONING CODE AMENDMENT TO SECTION 25.1 REGARDING STANDARDS
FOR COMMUNICATION FACILITIES, OV1801632
Senior Planner Milini Simms provided a presentation that included the following:
- Purpose
- Update setback requirements
- Address Collocations and modifications
- General Conformance to Federal Law
- General Plan Conformance
- Summary and Recommendation
Chair Hurt opened the public hearing.
There were no speaker requests.
Chair Hurt closed the public hearing.
Discussion ensued amongst the Commission and staff.
July 10, 2018 Planning and Zoning Commission 5
MOTION: A motion was made by Commissioner Gribb and seconded by Commissioner
Hitt to recommend approval of the Zoning Code Amendment to Section 25.1, regarding
standards for communication facilities as provided in Attachment 1.
MOTION carried, 6-0.
5. DISCUSSION AND POSSIBLE ACTION ON A PROPOSED COMMUNICATION
FACILITY LOCATED ON THE SAHUARO VISTA VETERINARY CLINIC
PROPERTY, NEAR THE SOUTHWEST CORNER OF COOL DRIVE AND
ORACLE ROAD, OV1701979
Senior Planner Milini Simms provided a presentation that included the following:
- Purpose
- Location
- Tier II Communication Facility
- Stealth Applications
- General Plan Conformance
- Summary and Recommendation
Applicant Michelle Lamoureux of Pinnnacle Consulting, provided a presentation that
included the following:
- Proposed design of new facility
- Provided examples of the colored leaves options
- The tower will be located at 333 W Cool Drive
- Necessity of Proposed Facility
- Coverage with and without proposed facility
- Alternative Candidate Analysis
- Photo simulations from different angles
Discussion ensued amongst the Commission, staff and applicant.
Chair Hurt opened the public hearing.
The following individuals spoke as undecided on Agenda Item 5:
Oro Valley resident Frank Ali
Oro Valley resident Harold Adair
Chair Hurt closed the public hearing.
MOTION: A motion was made by Commissioner Cox and seconded by Commissioner
Swope to recommend approval of the proposed cell tower, subject to the condition in
Attachment 1, finding that it meets the applicable zoning provisions and the General
Plan.
July 10, 2018 Planning and Zoning Commission 6
Further discussion continued amongst the Commission, applicant and staff.
MOTION carried, 6-0.
6. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A
ZONING CODE TEXT AMENDMENT TO ALLOW ATTACHED DWELLINGS IN
THE R-6 MULTI-FAMILY DISTRICT AND OTHER RELATED REVISIONS
Planning Manager Bayer Vella provided a presentation that included the following:
- Purpose
- Locations of R-6 Districts
- R-6 District
- Clarification of other development standards
- Recommendation
Mr. Vella also recognized the Planning Intern Rachel Smith for her work on this project.
Chair Hurt opened the public hearing.
Ted Bednar spoke in support of Agenda Item 6.
Chair Hurt closed the public hearing.
MOTION: A motion was made by Commissioner Hitt and seconded by Commissioner
Basken to recommend approval of the Zoning Code Amendment to permit attached
dwellings in the R-6 zoning district and other related updates shown in Attachment 1.
Discussion ensued amongst the Commission and staff.
MOTION carried, 6-0.
7. ELECTION OF VICE CHAIR FOR THE PLANNING AND ZONING COMMISSION
EFFECTIVE JULY 11, 2018
MOTION: A motion was made by Commissioner Gribb and seconded by Commissioner
Basken to nominate Bob Swope as vice-chair effective July 11, 2018.
Since there were no other nominations, Commissioner Swope accepted by acclamation.
PLANNING UPDATE (INFORMATIONAL ONLY)
Planning Manager Bayer Vella provided the following updates:
- The upcoming neighborhood meeting on July 12 regarding a Verizon cell tower on
July 10, 2018 Planning and Zoning Commission 7
Oracle Road
- The five cases tonight will be presented to Council on July 18
- The next Planning and Zoning Commission meeting is scheduled for August 7; do not
currently have any items
ADJOURNMENT
Chair Hurt adjourned the meeting at 7:26 p.m.
Prepared by:
Jeanna Ancona
Senior Office Specialist
I hereby certify that the foregoing minutes are a true and correct copy of the special
session Planning and Zoning Commission meeting of Oro Valley, Arizona held on
the 10th day of July, 2018. I further certify that the meeting was duly called and held and
that a quorum was present.
Town Council Regular Session 2.
Meeting Date:07/18/2018
Requested by: Bayer Vella Community and Economic Development
Submitted By:Milini Simms, Community and Economic Development
Department:Community and Economic Development
Information
SUBJECT:
DISCUSSION AND POSSIBLE ACTION REGARDING A CONCEPTUAL SITE PLAN AND LANDSCAPE PLAN
FOR VICTORY WORSHIP CENTER AND SPRINGBOARD YOUTH CRISIS CENTER, LOCATED ON THE
NORTHWEST CORNER OF TANGERINE ROAD AND COMO DRIVE
RECOMMENDATION:
The Planning and Zoning Commission recommended approval, subject to the conditions in Attachment 1.
EXECUTIVE SUMMARY:
The purpose of the applicant's request is to gain access to Como Drive. Victory Worship Center and Springboard
Youth Crisis Center are located on the northwest corner of Tangerine Road and Como Drive (Attachment 2). A
development plan for both centers was previously approved in Pima County, prohibiting access to Como Drive.
This restriction was required under Springboard Youth Crisis Center's Conditional Use Permit (approved in Pima
County) and shown on the approved development plan, which is why revised Conceptual Site and Landscape
Plans (Attachment 3) are required.
The proposed conceptual site and landscape plans include:
Paving and improvements to Como Drive (from Tangerine Road to the proposed access drive)
A raised median to prevent attendees from exiting the property and heading north on Como Drive to
Limewood Drive
A phased parking lot expansion to provide an additional 98 spaces
The use of earthen berms and landscaping to provide natural screening of the parking area
Both phases of the parking lot were shown on the previously approved development plan. Thus, the only change
and main focus of review is the access to Como Drive. The applicant agreed to construct a median preventing
attendees from exiting north onto Como Drive, to reduce traffic and dust along unimproved areas of the road.
However, a condition of approval is included to allow full access onto Como Drive should it be fully improved as
determined by the Town Engineer.
The applicant's request meets the applicable Design Gudielines and Design Standards established in the Zoning
Code. As such, the Planning and Zoning Commission recommended approval, subject to the conditions in
Attachment 1.
BACKGROUND OR DETAILED INFORMATION:
Land Use Context
Land Use Context
The land use designation and zoning for the subject property and surrounding areas is included in Attachment 4.
Existing Site Conditions:
10 acres
Two existing developments - a religious institution (Victory Worship Center) and assisted living home
(Springboard Youth Crisis Center)
One access drive onto Tangerine Road
Proposed Improvements:
Paving and improvements to Como Drive (from Tangerine Road to the proposed access drive)
A raised median to prevent attendees from exiting the property and heading north on Como Drive to
Limewood Drive
A phased parking lot expansion to provide an additional 98 spaces
Earthen berms and enhanced buffer yards to naturally screen parking areas from nearby residences and
roadways
Approvals-to -date:
2002: Approved Development Plan in Pima County
2002: Annexed into the Town of Oro Valley
Compatibility to previous approved plans:
The parking expansion on the proposed site plan was shown on the previously approved development plan. Thus
the only change and main focus of review is the access to Como Drive.
DISCUSSION AND ANALYSIS:
Conceptual Site and Landscape Plan:
The Conceptual Site and Landscape Plan (Attachment 3) shows a phased parking lot expansion and access to
Como Drive for the Victory Worship Center and Youth Springboard Center. The design of the parking lot
expansion is consistent with the previously approved Development Plan. The only change and main focus
of review is the access to Como Drive.
Conceptual Site Plans are reviewed for their conformance to the Design Guidelines and Design Standards in the
Zoning Code. A detailed analysis of each is provided in Attachment 5. Notable elements include:
Access to Como Drive
A raised median to prevent attendees from exiting the property and heading north on Como Drive to
Limewood Drive
An additional 98 parking spaces
Earthen berms and enhanced buffer yards to naturally screen parking areas from nearby residences and
roadways
The applicant agreed to construct a median preventing attendees from exiting north onto Como Drive to reduce
traffic and dust along unimproved areas of the road. However, a condition of approval is included to allow full
access onto Como Drive should it be fully improved as determined by the Town Engineer.
PLANNING AND ZONING COMMISSION:
The applicant's request was considered by the Planning and Zoning Commission on July 10, 2018, in which they
recommended approval, subject to the conditions in Attachment 1. The Planning and Zoning Commission staff
report is included as Attachment 4.
The Planning and Zoning Commission discussed the existing conditions and improvements to Como Drive.
Specifically, in regards to dust control, traffic traveling south along Como Drive and drainage issues. Minutes from
this meeting are included in Attachment 7.
PUBLIC PARTICIPATION
Two neighborhood meetings were held for this property in February 2018 and May 2018, with four and
three residents in attendance, respectively. The main concerns mentioned during the first meeting were increased
dust and traffic along Como Drive. To mitigate these concerns, the applicant revised their site plan to include a
median preventing attendees from exiting the property and traveling further north on Como Drive to Limewood
Drive.
This revision was presented by the applicant during the second neighborhood meeting and there were no
remaining concerns. However, a condition of approval is included in Attachment 1 to allow full access onto Como
Drive should it be fully improved, as determined by the Town Engineer. Summaries of these neighborhood
meetings are included in Attachment 6.
Summary of Public Notice
Public notice has been provided:
Homeowners Association mailing
Post at Town Hall and on website
Postcard to all property owners within 600 feet
CONCLUSION/RECOMMENDATION
In summary, the request is in conformance with the applicable Design Principles and Design Standards of the
Zoning Code. As such, the Planning and Zoning Commission recommended approval, subject to the conditions in
Attachment 1.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to APPROVE the Conceptual Site and Landscape Plan for Victory Worship Center, subject to the
conditions in Attachment 1, based on the finding it is in conformance with the Design Principles and applicable
Design Standards of the Zoning Code.
OR
I MOVE to DENY the Conceptual Site and Landscape Plan for Victory Worship Center, based on the
finding___________.
Attachments
ATTACHMENT 1- CONDITIONS OF APPROVAL
ATTACHMENT 2 - LOCATION MAP
ATTACHMENT 3 - CONCEPTUAL SITE AND LANDSCAPE PLAN
ATTACHMENT 4- PZC STAFF REPORT 7.10.18
ATTACHMENT 5- DESIGN GUIDELINES AND DESIGN STANDARDS ANALYSIS
ATTACHMENT 6- NEIGHBORHOOD MEETING SUMMARIES
ATTACHMENT 7- PZC DRAFT MINUTES 7.10.18
Attachment 1
Victory Worship Center
(OV1801125)
Conditions of Approval
1.Address all comments in the Planning letter dated June 27, 2018.
2.A General Note shall be added stating “Should Como Drive be fully improved, full access
onto Como Drive may be granted as determined by the Town Engineer.”
3.All existing easements for shared access and parking must be shown on the Final Site
Plan.
Victory Worship Center-Access to Como Drive
Location Map
OV1801125Oracle RoadTangerine Road
Limewood Drive
Como DriveLa Cholla Blvd.Yellow outline –subject property
Black outline-revised area
Planning & Zoning Commission AGENDA ITEM: 3.
Meeting Date:07/10/2018
Requested by: Bayer Vella, Community and Economic Development
Submitted By:Milini Simms, Community and Economic Development
Case Number:OV1801125
SUBJECT:
DISCUSSION AND POSSIBLE ACTION: CONCEPTUAL SITE AND LANDSCAPE PLANS FOR VICTORY
WORSHIP CENTER AND SPRINGBOARD YOUTH CRISIS CENTER, LOCATED ON THE NORTHWEST
CORNER OF TANGERINE ROAD AND COMO DRIVE, OV1801125
RECOMMENDATION:
Staff recommends approval, subject to the conditions in Attachment 1.
EXECUTIVE SUMMARY:
The purpose of the applicant's request is to gain access to Como Drive. Victory Worship Center and Springboard
Youth Crisis Center are located on the northwest corner of Tangerine Road and Como Drive (Attachment 2). A
development plan for both centers was previously approved in Pima County, prohibiting access to Como Drive.
This restriction was required under Springboard Youth Crisis Center's Conditional Use Permit (approved in Pima
County), which is no longer applicable as assisted living homes are permitted in R1-144 zoning districts.
However, since this restriction is also shown on the approved development plan and changes onsite
circulation, this change is deemed substantial requiring a revised Conceptual Site Plan and Landscape Plan
(Attachment 3).
Both developments currently share access from Tangerine Road. However with the Tangerine Road
improvements, direct access to the property (without the use of U-turns) is no longer available. The applicant's
request to gain access to Como Drive will not only provide a second access drive but also eliminate this issue for
both developments.
The proposed conceptual site plan and landscape plan include:
Paving and improvements to Como Drive (from Tangerine Road to the proposed access drive)
A raised median to prevent attendees from exiting the property and heading north on Como Drive to
Limewood Drive
A phased parking lot expansion to provide an additional 98 spaces
The use of earthen berms and landscaping to provide natural screening of the parking area
Both phases of the parking lot were shown on the previously approved development plan. Thus, the only change
and main focus of review is the access to Como Drive. The applicant agreed to construct a median preventing
attendees from exiting north onto Como Drive, to reduce traffic and dust along unimproved areas of the road.
However, a condition of approval is included to allow full access onto Como Drive should it be fully improved as
determined by the Town Engineer.
Staff finds the proposed conceptual site plan and landscape plan conform to the applicable Design Principles and
Design Standards of the Zoning Code and recommends approval, subject to the conditions in Attachment 1.
BACKGROUND OR DETAILED INFORMATION:
Land Use Context
Land Use Context
The subject property is zoned R1-144 and has a land use designation of Public/Semi Public. It is surrounded to
the north, south and east by larger lot homes (R1-144 and Rural Low Density Residential & Low Density
Residential) and to the west by a church (R1-144 and Public/Semi-Public).
Existing Site Conditions:
10 acres
Two existing developments- a religious institution (Victory Worship Center) and assisted living home
(Springboard Youth Crisis Center)
One access drive onto Tangerine Road
Proposed Improvements:
Paving and improvements to Como Drive (from Tangerine Road to the proposed access drive)
A raised median to prevent attendees from exiting the property and heading north on Como Drive to
Limewood Drive
A phased parking lot expansion to provide an additional 98 spaces
Approvals-to -date:
2002: Approved Development Plan in Pima County
2002: Annexed into the Town of Oro Valley
Compatibility to previous approved plans:
The parking expansion on the proposed site plan was shown on the previously approved development plan. Thus
the only change and main focus of review is the access to Como Drive.
DISCUSSION AND ANALYSIS:
Conceptual Site Plan:
The Conceptual Site Plan (Attachment 3) shows a phased parking lot expansion and access to Como Drive for
the Victory Worship Center and Youth Springboard Center. The design of the parking lot expansion is consistent
with the previously approved Development Plan. The only change and main focus of review is the access to
Como Drive.
Conceptual Site Plans are reviewed for their conformance to the Design Guidelines and Design Standards in the
Zoning Code. A detailed analysis of each is provided in Attachment 4. Notable elements include:
Access to Como Drive
A raised median to prevent attendees from exiting the property and heading north on Como Drive to
Limewood Drive
An additional 98 parking spaces
The applicant agreed to construct a median preventing attendees from exiting north onto Como Drive to reduce
traffic and dust along unimproved areas of the road. However, a condition of approval is included to allow full
access onto Como Drive should it be fully improved as determined by the Town Engineer.
Conceptual Landscape Plan:
The Conceptual Landscape Plan (Attachment 3) is in conformance with the applicable Zoning Code
requirements. The landscape plan includes landscaped parking islands, berms and trees to provide natural
screening of the parking area and maintains the existing buffer yards and open space requirements for the site.
PUBLIC PARTICIPATION
Two neighborhood meetings were held for this property in February 2018 and May 2018, with four and
three residents in attendance, respectively.The main concerns mentioned during the first meeting were increased
dust and traffic along Como Drive. To mitigate these concerns, the applicant revised their site plan to include a a
raised median to prevent attendees from exiting the property and traveling further north on Como Drive to
Limewood Drive.
This revision was presented by the applicant during the second neighborhood meeting and there were no
remaining concerns. However, a condition of approval is included in Attachment 1 to allow full access onto Como
Drive should it be fully improved, as determined by the Town Engineer. Summaries of these neighborhood
meetings are included in Attachment 5.
Summary of Public Notice
Public notice has been provided:
Homeowners Association mailing
Post at Town Hall and on website
Postcard to all property owners within 600 feet
CONCLUSION/RECOMMENDATION
In summary, the request is in conformance with the applicable Design Principles and Design Standards of the
Zoning Code. As such, staff recommends approval.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to recommend approval of the Conceptual Site and Landscape Plans for Victory Worship Center, subject
to the conditions in Attachment 1, based on the finding it is in conformance with the Design Principles and
applicable Design Standards of the Zoning Code.
OR
I MOVE to recommend denial of the Conceptual Site and Landscape Plans for Victory Worship Center, based on
the finding___________.
Attachments
ATTACHMENT 1- CONDITIONS OF APPROVAL
ATTACHMENT 2 - LOCATION MAP
ATTACHMENT 3- CONCEPTUAL SITE AND LANDSCAPE PLAN
ATTACHMENT 4- DESIGN GUIDELINES AND DESIGN STANDARDS ANALYIS
ATTACHMENT 5- NEIGHBORHOOD MEETING SUMMARIES
Attachment 4
Victory Worship Center
Conceptual Site Plan and Landscape Plan
Design Principles and Design Standards Analysis
Conceptual Site Plan
The Conceptual Site Plan is for Victory Worship Center and Springboard Youth Crisis Center
to gain access to Como Drive. The site plan also includes a parking lot expansion, consistent
with a previously approved Development Plan. The proposed site plan includes:
Paving and improvements to Como Drive
A median discouraging attendees exiting the property and heading north on Como Drive
to Limewood Drive
A phased parking lot expansion to provide an additional 98 spaces
The use of earthen berms as a natural screening for the parking area
Applicable Design Principles, Section 22.9.D.5.a
The Conceptual Site Plan, subject to the conditions in Attachment 1, is in conformance with
applicable Design Principles. Following are applicable Design Principles (in italics), followed by
staff analysis.
Drainage/grading: site grading shall minimize impacts on natural grade and lan dforms and
provide for subtle transitions of architectural elements to grade. Significant cuts and fills in
relation to natural grade shall be avoided or minimized to the extent practical given property
constraints.
Staff Commentary:
The proposed improvements will comply with the grading standards established in the Zoning
Code. The Conceptual Site Plan acknowledges the proposed development must be designed
so that post-development drainage conditions are consistent with pre-development conditions
in accordance with Town requirements.
Connectivity: strengthen the usability and connectivity of the pedestrian environment internally
and externally by6 enhancing access to the public street system, transit, adjoining
development and pedestrian and bicycle tran sportation routes. Buildings and uses should
provide access to adjacent open space and recreational areas where appropriate.
Staff Commentary: An in-lieu fee for sidewalks along Como Drive, from the ingress/egress
point to Tangerine Road, will provided as part of the proposed improvements. Additionally,
sidewalks and crosswalks are utilized throughout the parking lot expansion to provide a
pedestrian walkway from the proposed parking area to Victory Worship Center.
Design Standards Analysis
The proposed Conceptual Site Plan has been reviewed for conformance with the applicable
Design Standards. Following are key Design Standards (in italics), followed by staff’s
commentary.
Section 2.1.D.1.a: Provide buildings, screen walls, berms or landscaping between parking
areas and streets.
Staff Commentary: The proposed site plan incorporates earthen berms and additional
landscaping to screen the parking area from streets and surrounding residences.
Section 2.1.D.E.2 Walls and fences shall be designed to reflect the design, colors and
materials of the overall project theme and design elements.
Staff Commentary: The detention walls surrounding the proposed basin are articulated to
break up wall planes greater than forty (40) feet and to match the design of the existing
buildings onsite.
Section 2.1.D.K.3.a: All exposed disturbed areas shall be revegetated with plant material and
treated to create a natural appearance.
Staff Commentary: The applicant’s proposal incorporates hydro-seeding on the proposed
berms and other disturbed areas.
Conceptual Landscape Plan
The Conceptual Landscape Plan is in conformance with the applicable Zoning Code
requirements. The Conceptual Landscape Plan includes landscaped parking islands, earthen
berms and trees to provide natural screening of the parking area and maintains the existing
buffer yards and open space requirements for the site.
1
Victory Worship Center-Proposed Access to Como Drive
Neighborhood Meeting Summary
Town Hall, 11000 N. La Cañada Drive
February 22, 2018
6:00 – 7:30 PM
Introductions and Welcome
Meeting facilitator Bayer Vella, Planning Manager, introduced Milini Simms, Planner as
the Town’s project manager for this proposal. Four residents and interested parties
attended the meeting, including Council Member Hornat and Planning and Zoning
Commission Chairman Hurt, and Commissioners Gribbs, Swope, and Basken.
Public Questions & Comments
Following is a summary of questions and comments:
1. All residents present were concerned with traffic turning left out of the church
parking lot and driving north along Como Drive. Specific concerns related to
increased dust along Como Drive and congestion blocking access to their
residences.
2. What design measures could be implemented to detour traffic from going left
onto Como Drive?
3. Could Como Drive be paved to Limewood Drive?
4. Will drainage be considered when improving the parking area and Como Drive?
The applicants Mr.Hagedon and Ms. Haro, from GLHN Architects and Engineers, Inc. and
Town staff addressed some of the questions related to the proposal and the associated
impacts. A second neighborhood meeting was also proposed to allow the applicant to
address some of these comments in a revised concept.
Mr. Vella closed the meeting, thanked everyone for their attendance and encouraged
everyone to contact Ms. Simms, the Town’s project manager, with any additional thoughts,
comments or concerns.
Victory Worship Center-Proposed Access to Como Drive
Neighborhood Meeting Summary
Town Hall, 11000 N. La Cañada Drive
May 30, 2018
6:00 – 7:30 PM
Introductions and Welcome
Meeting facilitator and the Town’s project manager for the proposal, Milini Simms, Senior
Planner, introduced the project and applicant. Three residents and interested parties
attended the meeting, including Council Member Hornat, Council Member Rodman and
Planning and Zoning Commission Chairman Hurt, and Commissioners Gribb, Swope,
and Cox.
Public Questions & Comments
Following is a summary of questions and comments:
1. Accessing Como Drive will be helpful for those needing to head east on Tangerine
Road.
2. What is the proposed timeline for this project?
3. How will the proposed rezoning (to the east of this project) impact Como Drive?
4. The revised site plan (median discouraging attendees from turning left onto Como) is
good but could the church also request their attendees not use Limewood and Como
Drive to access it to minimize dust concerns?
The applicants, Mr.Hagedon, from GLHN Architects and Engineers, Inc. and John
Pemberton, from Victory Worship Center and Town staff addressed the comments related
to the proposed development and associated impacts.
Ms. Simms closed the meeting, thanked everyone for their attendance and encouraged
everyone to contact her with any additional thoughts, comments or concerns.
July 10, 2018 Planning and Zoning Commission 1
MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
SPECIAL SESSION
July 10, 2018
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
SPECIAL SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
Chair Hurt called the meeting to order at 6:00 p.m.
ROLL CALL
PRESENT: Charlie Hurt, Chair
Greg Hitt, Commissioner
Bob Swope, Commissioner
Thomas Gribb, Commissioner
Don Cox, Commissioner
Nathan Basken, Commissioner
EXCUSED: Tom Drzazgowski, Commissioner
ALSO PRESENT:
Community and Economic Development Director J.J. Johnston
Chief Civil Deputy Attorney Joe Andrews
Council Liaison Bill Rodman
Planning Manager Bayer Vella
Permitting Manager David Laws
PLEDGE OF ALLEGIANCE
Chair Hurt led the Commission and audience in the Pledge of Allegiance.
CALL TO AUDIENCE
There were no speaker requests.
COUNCIL LIAISON COMMENTS
Council Liaison Bill Rodman provided the following updates:
- On behalf of the Town Council, thank you to Greg Hitt for returning to the Commission.
July 10, 2018 Planning and Zoning Commission 2
- At the last Council meeting on June 6, Council approved the Miller Ranch rezoning
and the amendment to the Zoning Code related to Conditional Use Permits regarding
utility poles, wires and equipment.
- For the upcoming Council meeting on July 18, the five cases on tonight's agenda may
be heard by Council based on the recommendations by the Commission tonight.
- Council will be on break for the month of August.
SPECIAL SESSION AGENDA
1. REVIEW AND APPROVAL OF THE MAY 1, 2018 REGULAR SESSION
MEETING MINUTES
MOTION: A motion was made by Commissioner Swope and seconded by
Commissioner Gribb to approve the May 1, 2018 meeting minutes as written.
MOTION carried, 4-0. with Greg Hitt, Commissioner and Don Cox, Commissioner
abstained.
2. DISCUSSION AND POSSIBLE ACTION REGARDING TWO OFFICE
BUILDINGS, LOCATED ON THE WEST SIDE OF ORACLE ROAD,
JUST NORTH OF GREENOCK DRIVE, OV1801101
ITEM A: CONCEPTUAL SITE AND LANDSCAPE PLAN, INCLUDING AN
ALTERNATIVE PARKING RATIO
ITEM B: CONCEPTUAL ARCHITECTURE FOR THE FIRST PHASE OF
DEVELOPMENT
Senior Planner Milini Simms provided a presentation that included the following:
- Purpose
- Location
- Conceptual Site Plan
- Alternative Parking Ratio
- Conceptual Landscape Plan
- Conceptual Architecture
- Compatibility with Surrounding Architecture
- Public Participation
- Impact on Views
- Summary and Recommendation
Applicant Walter Hoge spoke on some of the high points of the project:
- It has been an interactive process and have worked closely with consultants and Town
staff
- Have gone to great degrees of mitigation to achieve desired outcome
July 10, 2018 Planning and Zoning Commission 3
- Entire site development will be completed in Phase 1, what will remain is the pad
for the second building
- Anticipate another medical company for the second occupant in the future
Discussion ensued amongst the Commission, applicant and staff.
James McMurtie, civil engineer for the project, stated that the additional parking spaces
did not include additional disability spaces; it includes the amount required by
international building code.
Chair Hurt opened the public hearing.
Oro Valley resident David Clement spoke as undecided on Agenda Item 2.
Chair Hurt closed the public hearing.
Permitting Manager David Laws addressed the speaker's concerns regarding drainage.
MOTION: A motion was made by Commissioner Cox and seconded by Commissioner
Swope to recommend approval of the Conceptual Site/Landscape Plan and approved
the Alternative Parking Ratio for an office development subject to the conditions in
Attachment 1, (including the Stormwater drainage report) finding each is in conformance
with the Design Principles and applicable Design Standard of the Zoning Code.
MOTION carried, 6-0.
MOTION: A motion was made by Commissioner Gribb and seconded by Commissioner
Cox to recommend approval of the Conceptual Architecture for the first phase only of
the office development, subject to the conditions in Attachment 2, finding it is in
conformance with the Design Principles and applicable Design Standards of the Zoning
Code.
MOTION carried, 6-0.
3. DISCUSSION AND POSSIBLE ACTION: CONCEPTUAL SITE AND
LANDSCAPE PLANS FOR VICTORY WORSHIP CENTER AND
SPRINGBOARD YOUTH CRISIS CENTER, LOCATED ON THE NORTHWEST
CORNER OF TANGERINE ROAD AND COMO DRIVE, OV1801125
Senior Planner Milini Simms provided a presentation that included the following:
- Purpose
- Location
- Revised Conceptual Site and Landscape Plans
- History
- Public Participation
July 10, 2018 Planning and Zoning Commission 4
- Summary and Recommendation
Brian Hagedon of GLHN Architects and Engineers, did not provide a presentation, but
offered to answer any questions.
Discussion ensued amongst the Commission, staff and the applicant.
Chair Hurt opened the public hearing.
Oro Valley resident Ron Orrantia spoke as opposed to Agenda Item 3.
Oro Valley resident Jim Engle spoke on Agenda Item 3.
Chair Hurt closed the public hearing.
Staff addressed the traffic, dust and drainage concerns raised during public hearing.
MOTION: A motion was made by Commissioner Hitt and seconded by Commissioner
Basken to recommend approval of the Conceptual Site and Landscape Plans for Victory
Worship Center, subject to the conditions in Attachment 1, based on the finding it is in
conformance with the Design Principles and applicable Design Standards of the Zoning
Code.
MOTION carried, 6-0.
4. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A
ZONING CODE AMENDMENT TO SECTION 25.1 REGARDING STANDARDS
FOR COMMUNICATION FACILITIES, OV1801632
Senior Planner Milini Simms provided a presentation that included the following:
- Purpose
- Update setback requirements
- Address Collocations and modifications
- General Conformance to Federal Law
- General Plan Conformance
- Summary and Recommendation
Chair Hurt opened the public hearing.
There were no speaker requests.
Chair Hurt closed the public hearing.
Discussion ensued amongst the Commission and staff.
July 10, 2018 Planning and Zoning Commission 5
MOTION: A motion was made by Commissioner Gribb and seconded by Commissioner
Hitt to recommend approval of the Zoning Code Amendment to Section 25.1, regarding
standards for communication facilities as provided in Attachment 1.
MOTION carried, 6-0.
5. DISCUSSION AND POSSIBLE ACTION ON A PROPOSED COMMUNICATION
FACILITY LOCATED ON THE SAHUARO VISTA VETERINARY CLINIC
PROPERTY, NEAR THE SOUTHWEST CORNER OF COOL DRIVE AND
ORACLE ROAD, OV1701979
Senior Planner Milini Simms provided a presentation that included the following:
- Purpose
- Location
- Tier II Communication Facility
- Stealth Applications
- General Plan Conformance
- Summary and Recommendation
Applicant Michelle Lamoureux of Pinnnacle Consulting, provided a presentation that
included the following:
- Proposed design of new facility
- Provided examples of the colored leaves options
- The tower will be located at 333 W Cool Drive
- Necessity of Proposed Facility
- Coverage with and without proposed facility
- Alternative Candidate Analysis
- Photo simulations from different angles
Discussion ensued amongst the Commission, staff and applicant.
Chair Hurt opened the public hearing.
The following individuals spoke as undecided on Agenda Item 5:
Oro Valley resident Frank Ali
Oro Valley resident Harold Adair
Chair Hurt closed the public hearing.
MOTION: A motion was made by Commissioner Cox and seconded by Commissioner
Swope to recommend approval of the proposed cell tower, subject to the condition in
Attachment 1, finding that it meets the applicable zoning provisions and the General
Plan.
July 10, 2018 Planning and Zoning Commission 6
Further discussion continued amongst the Commission, applicant and staff.
MOTION carried, 6-0.
6. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A
ZONING CODE TEXT AMENDMENT TO ALLOW ATTACHED DWELLINGS IN
THE R-6 MULTI-FAMILY DISTRICT AND OTHER RELATED REVISIONS
Planning Manager Bayer Vella provided a presentation that included the following:
- Purpose
- Locations of R-6 Districts
- R-6 District
- Clarification of other development standards
- Recommendation
Mr. Vella also recognized the Planning Intern Rachel Smith for her work on this project.
Chair Hurt opened the public hearing.
Ted Bednar spoke in support of Agenda Item 6.
Chair Hurt closed the public hearing.
MOTION: A motion was made by Commissioner Hitt and seconded by Commissioner
Basken to recommend approval of the Zoning Code Amendment to permit attached
dwellings in the R-6 zoning district and other related updates shown in Attachment 1.
Discussion ensued amongst the Commission and staff.
MOTION carried, 6-0.
7. ELECTION OF VICE CHAIR FOR THE PLANNING AND ZONING COMMISSION
EFFECTIVE JULY 11, 2018
MOTION: A motion was made by Commissioner Gribb and seconded by Commissioner
Basken to nominate Bob Swope as vice-chair effective July 11, 2018.
Since there were no other nominations, Commissioner Swope accepted by acclamation.
PLANNING UPDATE (INFORMATIONAL ONLY)
Planning Manager Bayer Vella provided the following updates:
- The upcoming neighborhood meeting on July 12 regarding a Verizon cell tower on
July 10, 2018 Planning and Zoning Commission 7
Oracle Road
- The five cases tonight will be presented to Council on July 18
- The next Planning and Zoning Commission meeting is scheduled for August 7; do not
currently have any items
ADJOURNMENT
Chair Hurt adjourned the meeting at 7:26 p.m.
Prepared by:
Jeanna Ancona
Senior Office Specialist
I hereby certify that the foregoing minutes are a true and correct copy of the special
session Planning and Zoning Commission meeting of Oro Valley, Arizona held on
the 10th day of July, 2018. I further certify that the meeting was duly called and held and
that a quorum was present.
Town Council Regular Session 3.
Meeting Date:07/18/2018
Requested by: Bayer Vella Community and Economic Development
Submitted By:Milini Simms, Community and Economic Development
Department:Community and Economic Development
Information
SUBJECT:
DISCUSSION AND POSSIBLE ACTION ON AMENDING SECTION 25.1 OF THE ORO VALLEY ZONING
CODE REGARDING STANDARDS FOR COMMUNICATION FACILITIES
a. RESOLUTION NO. (R)18-29, DECLARING THE PROPOSED ZONING CODE AMENDMENT TO CHAPTER
25 REGARDING STANDARDS FOR COMMUNICATION FACILITIES, PROVIDED IN EXHIBIT "A" WITHIN
ATTACHMENT 1 AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD
b. PUBLIC HEARING: ORDINANCE NO. (O)18-11, AMENDING CHAPTER 25 OF THE ORO VALLEY ZONING
CODE REGARDING COMMUNICATION FACILITIES
RECOMMENDATION:
The Planning and Zoning Commission recommended approval on July 10, 2018.
EXECUTIVE SUMMARY:
A. The first item is an administrative requirement declaring the proposed code amendment a public record
(Attachment 1, Exhibit "A").
B. The purpose of this code amendment (Attachment 2, Exhibit "A") is to:
1) Update the setback standards for new ground-mounted facilities -
Current code: Requires all ground-mounted facilities be set back two (2) feet for every one (1) foot in
height from all buildings (including those onsite), property lines and overhead wires. These
requirements were established for safety purposes, should the tower fall. However, new technology and
more durable materials eliminate this need.
Proposed: Require all new ground-mounted facilities be subject to the underlying zoning districts building
setbacks and two (2) feet for every one (1) foot in height from the boundary of any property only where the
primary use is or will be a dwelling.
2) Define the threshold for approving collocations or modifications to existing facilities as required by Federal law -
Current code: Although the current code encourages collocations, it does not specify they must be
approved by the Planning and Zoning Administrator nor define a "substantial change" to the physical
dimension, as required by Federal law (passed in 2012).
Proposed: Defines substantial changes to the physical dimensions of the existing tower or structure and
specifies they may not be denied by the Planning and Zoning Administrator, as required by Federal law.
3) Conformance with Federal law
Current code: Requires applications that do not meet the zoning code requirements yet are in compliance
with Federal law to seek a variance, which is not a suitable route for these cases due to Federal law.
Proposed: Allows the Planning and Zoning Administrator to waive requirements that may result in denial of
application that would otherwise be supported by Federal law.
The proposed code amendment (Attachment 2) represents a portion of the communication facilities revisions
recognized in the Planning Division 17-19 Work Plan. This specific amendment is being brought forward at this
time to conform to Federal law.
The Planning and Zoning Commission considered the proposed amendment on July 10, 2018, and
recommended approval.
BACKGROUND OR DETAILED INFORMATION:
The purpose of this code amendment is to address the following:
1. Setback requirements for ground-mounted facilities
The code currently requires all ground-mounted facilities be set back from all buildings (including those onsite),
property lines and overhead wires by two (2) feet for every (1) one foot in height of the proposed facility. The
setbacks were established for safety purposes, should the tower fall. However, new technology and more durable
materials eliminate this need.
Staff researched and compared other Arizona jurisdictions' setback requirements (see Attachment 3) to formulate
the proposed amendment. In summary, most jurisdictions require cell towers to comply with the underlying zoning
district's building setbacks and/or be setback from areas used for residential purposes. The proposed code
amendment combines these setback requirements.
2. Collocations and modifications to existing towers or structures
In 2012, a Federal Law passed mandating local governments to approve modifications or collocations on existing
communications facilities that do not "substantially change" the physical dimensions of the tower or structure.
Although the current code encourages collocations, it does not specify they must be approved by the Planning
and Zoning Administrator nor define a substantial change to the physical dimension.
Town staff reviewed the Federal Communications Commission (FCC) interpretation defining substantial changes
and reached out to service providers for input to formulate a definition of what should constitute a substantial
change. As such, the proposed code amendment defines substantial changes to the physical dimension as
defined in Attachment 3.
3. Conformance with Federal law
Federal law supports cell facilities that do not meet local code requirements, unless "substantial evidence" is
provided by local jurisdictions to support the denial. Many of which are unique and outlying
circumstances requiring special consideration. As such, the following code allows the Planning and Zoning
Administrator to waive requirements that would result in denial of an application, when "substantial evidence"
cannot be provided.
General Plan Conformance
The proposed code amendment has been reviewed for conformance with the General Plan. Notable goals,
policies and actions include:
SD.6: Protect scenic corridors, public park and trail view sheds, and the distinctive visual character and
visual appeal of Oro Valley.
Policy I.1: Accommodate community services and utilities that meet the larger community needs and goals.
Policy I.2: Consider aesthetics and visual impacts of utilities and aging infrastructure during the planning,
design or upgrade process, to the extent reasonably possible.
The proposed code amendment conforms with the General Plan to the greatest extent possible while balancing
the legal requirements established by Federal law by:
Maintaining the requirement that all facilities, including modifications utilize stealth applications or
camouflaging to the greatest extent feasible
Maintaining current code requirements for scenic corridors and facilities in parks or open space
Not allowing communication facilities on properties where the primary use is or will be for residential
purposes
Requiring the largest setback to be from properties where the primary use is or will be for residential
purposes
PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission considered the proposed amendment on July 10, 2018, and
recommended approval. The Planning and Zoning Commission staff report is included as Attachment 3. Minutes
from the meeting are included in Attachment 4.
PUBLIC NOTIFICATION
Public Notice has been provided as follows:
All HOAs in Town were notified of this hearing
Public hearing notices were posted:
In the Territorial Newspaper
At Town Hall
On the Town website
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
Two motions are required for this case. The first is an administrative action to declare the amendment a public
record. The second motion is to approve or deny the proposed amendment.
ITEM A:
I MOVE to (APPROVE or DENY) Resolution No. (R)18-29, declaring the proposed Zoning Code amendments to
Section 25.1, regarding standards for communication facilities as provided in Attachment 1 and filed with the Town
Clerk, a public record.
ITEM B:
I MOVE to (APPROVE or DENY) Ordinance No. (O)18-10, amending Section 25.1 of the Oro Valley Zoning Code
regarding standards for communication facilities as provided in Attachment 2.
Attachments
(R)18-29 Communication facilities
(O)18-11 Ordinance
ATTACHMENT 3- PZC STAFF REPORT 7.10.18
ATTACHMENT 4- PZC DRAFT MINUTES 7.10.18
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RESOLUTION NO. (R)18-29
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, DECLARING AS A
PUBLIC RECORD THAT CERTAIN DOCUMENT TO BE
PLACED WITHIN CHAPTER 25, USE REGULATIONS,
SECTION 25.1 OF THE ORO VALLEY ZONING CODE
REVISED AND ENTITLED THE “REQUIREMENTS FOR
SPECIFIC USES”; ATTACHED HERETO AS EXHIBIT “A” AND
FILED WITH THE TOWN CLERK
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO
VALLEY, ARIZONA, that certain document of the Oro Valley Town Code, entitled
Chapter 25, “Use Regulations”, Section 25.1, “Requirements for Specific Uses” is
attached hereto as Exhibit “A”, three copies of which are on file in the Office of the
Town Clerk, is hereby declared to be a public record, and said copies are ordered to
remain on file with the Town Clerk.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 18
th day ofJuly, 2018.
TOWN OF ORO VALLEY
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM :
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
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EXHIBIT “A”
AMEND the following in Section 25.1 of the Zoning Code. Additions shown
in ALL CAPS, Deletions shown in strikethrough
B. Requirements for Specific Non-Residential Uses
5.Communication Structures and Facilities
b. Communication Facilities
i. Applicability
This section applies to all new communication facilities or new appurtenances to existing
facilities except:
a) Facilities used for police, fire, ambulance, and other emergency dispatch
functions.
b) Small cell wireless facilities located in the public rights-of-way which shall
adhere to the standards, processes and fees established in the small cell wireless
code.
C) REQUIREMENTS PREVENTING INSTALLATION OF A FACILITY
MAY BE WAIVED BY THE PLANNING AND ZONING ADMINISTRATOR
WHEN THERE IS A CONFLICT WITH FEDERAL LAW.
ii. General Requirements for All Communications Facilities
a) Stealth Applications
1) All facilities, INCLUDING MODIFICATIONS TO EXISTING
FACILITIES, shall be constructed using stealth applications for the
antennas. A stealth application entails the camouflaging of an antenna,
appurtenance, fixture, and/or structure with a building or the landscape in
terms of design, colors, materials, height, and width.
2) Site location and development shall preserve the existing character of
the surrounding community, buildings, land uses and zoning district.
Facilities shall be integrated through location and design to blend in with
the existing characteristics of the site. Existing on-site vegetation shall be
preserved or improved, and disturbance of the existing topography shall be
minimized.
3) Antennas mounted on buildings, utility poles, or structures shall be
covered by appropriate casings that are designed to match existing
structural or architectural features.
4) The camouflaging of antennas shall include architectural integration,
painting and texturing to match the existing structure, or if
groundmounted, of such design to be compatibly integrated with the
surrounding landscape. Where feasible, antennas can be placed directly
above, below or incorporated with vertical design elements of a building
to help in camouflaging.
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b) No communication facilities shall be permitted on developed or undeveloped
lots where the primary use is or is platted for a dwelling. OR PURPOSE IS FOR
A DWEILLING.
c) Setback Requirements for All Ground-Mounted Facilities, Excluding Joint-
Use Installations on Street Lights, Traffic Lights, Electric Utility Poles and/or
other Utility Structures and Collocations on Existing Facilities:
1) Structures ARE SUBJECT TO THE UNDERLYING
ZONING DISTRICT BUILDING SETBACKS AND shall MUST
be set back two (2) feet for every one (1) foot in height from
buildings, property lines and overhead wires. THE BOUNDARY
OF ANY PROPERTY WHERE THE PRIMARY USE OR
PURPOSE IS FOR A DWELLING, WHICHEVER IS MORE
RESTRICTIVE
2) All new facilities within the Tangerine Road Corridor Overlay
District and Oracle Road Scenic Overlay District must be set back from
the right-of-way edge by a distance of three (3) feet for every one (1) foot
in height.
d) Equipment Buildings, AND Cabinets, and/or Structures
1) Equipment buildings or structures CABINETS shall be concealed
from public view and made compatible with the architecture of the
surrounding buildings and consistent with the general character of the
area.
2) Above-ground equipment shall be completely screened from view by
a compatible solid wall or opaque fence except when a ground-mounted
cabinet or structure, or combination of all cabinets or structures, is smaller
than one hundred and eighty (180) cubic feet. Units that are smaller than
one hundred and eighty (180) cubic feet may, at the discretion of the
Planning and Zoning Administrator, not be required to be screened from
view if they have been designed with a structure, materials, colors or
detailing that emulates the character of the area. All gates shall be opaque
3) Equipment buildings must be placed in compliance with the
underlying zoning setbacks for accessory buildings.
4) The equipment building or structure CABINET must be regularly
maintained.
5) The maximum building height shall not exceed eighteen (18) feet.
6) All above-ground equipment with air conditioning units shall be
enclosed by walls, if located within three hundred (300) feet of developed
or undeveloped lots where the primary use is or is platted for single-family
dwellings
7) Any exterior lighting, unless required by the Federal Aviation
Administration, shall be positioned within the walled area and shall be
mounted below the height of the screening fence or wall.
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e) Additional Standards for Development in Parks and Open Space Zoning: For
areas not utilized as a developed public or private park, golf course, or similar
use, the following standards shall apply:
1) All facilities must be collocated on an existing manmade structure or
ground-mounted and disguised as a natural feature such as rock or
saguaro.
2) All accessory and equipment buildings shall be vaulted LOCATED
underground unless they can be entirely camouflaged as a natural feature.
3) New roads shall not be constructed to specifically access the site.
4) Significant resources, as defined in Section 27.6, may not be
disturbed.
f) Discontinuance of Use
1) Any antenna or tower for which the use is discontinued for six (6)
months or more shall be removed, and the property shall be restored to its
condition prior to the location of the antenna or tower, all at the expense of
the provider. The Town may require financial assurances to ensure
compliance with this provision.
g) Noninterference with Public Safety
1) No wireless communication transmitter, receptor, or other facility
shall interfere with police, fire, and emergency public safety
communications.
h) Technical Evaluation
1) The Town may engage the services of a third party consultant, at the
applicant’s sole expense, to evaluate the accuracy of the application,
Federal Communications Commission compliance, and other technical
issues as needed.
i) Monopole and Tower Site Standards
1) Any new monopole shall be separated from the nearest monopole –
regardless of ownership and jurisdictional boundaries – by a distance of
one-quarter (1/4) mile, unless it is adjacent to an existing monopole or
tower within a common screened wall
2) New towers require a minimum separation of one (1) mile from any
existing tower – regardless of ownership and jurisdictional boundaries –
unless one can verify that no reasonable alternative exists.
3) All new monopoles or towers that are forty (40) feet or higher shall
allow for collocation by other wireless communication providers.
4) Use of guy wires is prohibited.
J) COLLOCATIONS OR MODIFICATIONS TO EXISTING TOWERS OR
STRUCTURES
1) THE PLANNING AND ZONING ADMINISTRATOR SHALL
NOT DENY ANY ELIGIBLE COLLOCATIONS OR
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MODIFICATIONS TO EXISTING STRUCTURES, EXCEPT
WHEN THE COLLOCATION OR MODIFICATION IS A
SUBSTANTIAL CHANGE TO THE PHYSICAL DIMENSIONS
OF THE STRUCTURE, AS DEFINED BELOW.
A. SUBSTANTIAL CHANGES ARE THOSE WHICH
MEET ANY OF THE FOLLOWING CRITERIA:
i. AN INCREASE IN HEIGHT OF THE UTILITY
POLES THAT ADD MORE THAN TEN
PERCENT (10%) TO THE ORIGINAL HEIGHT
OR MORE THAN THE HEIGHT OF ONE
ADDITIONAL ANTENNA ARRAY WITH
SEPARATION FROM THE NEAREST
ANTENNA ARRAY NOT TO EXCEED
TWENTY (20) FEET, WHICHEVER IS
GREATER, UP TO A MAXIMUM OF EIGHTY
(80) FEET
ii. AN INCREASE IN HEIGHT OF THE EXISTING
STRUCTURES THAT ADD MORE THAN TEN
PERCENT (10%) OR MORE THAN TEN (10)
FEET, WHICHEVER IS GREATER AND NOT
TO EXCEED THE REGULATED HEIGHT OF
THE EXISTING STRUCTURE.
iii. THE ADDITION OF AN APPURTENANCE
THAT
1. PROTRUDES FROM THE EDGE OF THE
STRUCTURE MORE THAN SIX (6)
FEET, OR
2. MORE THAN THE WIDTH OF THE
STRUCTURE AT THE LEVEL OF THE
APPURTENANCE, WHICHEVER IS
GREATER, OR
3. IS MORE THAN TWENTY-FIVE
PERCENT (25%) OF THE EXISTING
NUMBER OF APPURTENANCES
iv. THE INSTALLATION OF NEW EQUIPMENT
CABINETS
1. WHEN THERE ARE NO PRE-EXISTING
GROUND CABINETS ASSOCIATED
WITH THE STRUCTURE, OR
2. MORE THAN THE STANDARD
NUMBER OF NEW EQUIPMENT
CABINETS FOR THE TECHNOLOGY
INVOLVED, BUT NOT TO EXCEED
FOUR (4) CABINETS, OR
3. MORE THAN TEN (10%) PERCENT
LARGER IN HEIGHT OR OVERALL
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VOLUME THAN ANY OTHER GROUND
CABINETS ASSOCIATED WITH THE
STRUCTURE
v. ENTAILS ANY EXCAVATION OR
DEPLOYMENT OUTSIDE THE CURRENT SITE
vi. DEFEATS EXISTING CONCEALMENT
ELEMENTS OF THE STRUCTURE
vii. DOES NOT COMPLY WITH CONDITIONS
ASSOCIATED WITH PRIOR APPROVALS OF
THE STRUCTURE, UNLESS NON-
COMPLIANCE IS DUE TO AN INCREASE IN
HEIGHT, WIDTH, OR ADDITION OF
CABINETS OR EXCAVATION THAT DOES
NOT EXCEED THE SUBSTANTIAL CHANGE
THRESHOLD.
2) COLLOCATIONS OR MODIFICATIONS THAT ARE
SUBSTANTIAL CHANGES SHALL COMPLY WITH THE
TIER I, TIER II OR MAJOR COMMUNICATION FACILITY
REQUIREMENTS OF THIS CODE.
3) ALL COLLOCATIONS OR MODIFICATIONS SHALL BE
CONSTRUCTED USING STEALTH APPLICATIONS.
jK) Access and Signage
1) All facilities, especially roof-mounted antennas, must be designed in a
manner to clearly prevent and/or deter access by the public.
2) All facilities shall be identified by a permanently installed plaque or
marker, no larger than four (4) inches by six (6) inches, clearly identifying
the provider’s name, address and emergency phone number. The sign shall
be placed in a location visible to passersby.
kL) Provider’s Communication Plan
1) The Provider Communication Plans shall be utilized to require
collocation and/or clustering of new facilities where technically feasible.
lM) Application Requirements
1) Applications required under this Chapter shall be submitted in a form
and in such numbers as required by the official responsible for accepting
the application.
iii. Minor Communication Facilities
a) General Standards for Minor Facilities
1) Minor facilities may not exceed forty (40) feet in height unless
otherwise specified herein.
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2) Minor facilities are exempt from parking requirements specified in
Chapter 11, unless required by Planning and Zoning Administrator or
Planning and Zoning Commission.
b) Tier I Minor Facilities
1) The Planning and Zoning Administrator shall make a determination
on a Tier I application.
2) All Tier I minor facilities shall be constructed using stealth
applications that result in the communication facility being entirely
indiscernible as a facility because it appears as a functional component of
a building, structure, or the landscape.
3) All Tier I minor facilities shall meet the following criteria:
A) They shall be located on existing buildings, utility poles,
communication facilities, or other existing structures.
i) A replacement utility pole or structure may be utilized
only if it closely resembles the original utility pole or
structure.
ii) The height of the utility poles, communication
facilities, or other existing structures shall not add more
than twenty percent (20%) to the original height up to a
maximum of eighty (80) feet or the regulated height of the
EXISTING utility poles, communication facilities, or other
existing structures, whichever is less.
iii) For utility poles or other similar structures the
diameter OF THE POLE may be increased up to sixty
percent (60%).
B) Or they shall be located within concealment structures such as
flag-poles, cacti, or desert trees that are entirely camouflaged.
C) Unlimited collocations on all existing facilities.
D) Flagpoles utilized as an alternative concealment structure
shall not exceed one and one-quarter (1.25) times the height of the
nearest structure and a total diameter of thirteen (13) inches.
c) Tier II Minor Facilities
1) The Planning and Zoning Commission shall make a final
determination on all Tier II applications, except when a proposed new
facility exceeds the building height restrictions of the underlying zoning
district. In this case, the Planning and Zoning Commission shall provide a
recommendation prior to Town Council determination.
2) All property owners and HOAs within six hundred (600) feet of the
facility will be notified by mail and provided with fifteen (15) days to
respond. The Planning and Zoning Administrator may require a
neighborhood meeting.
3) All Tier II minor facilities shall be constructed using stealth
applications that result in the communication facility being incorporated
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into a building, structure, or the landscape to the greatest extent feasible;
however, it remains discernible as a facility.
4) All Tier II minor facilities shall meet the following criteria:
A) New monopoles or towers that are forty (40) feet or less in
height. The overall height may be increased to fifty (50) feet only
if the site will be immediately utilized for collocation. The increase
in height will be the minimum required to support collocation.
B) Collocation on existing structures is subject to the following
requirements:
1) The height of the utility poles, communication
facilities, or other existing structures shall not add more
than thirty percent (30%) to the original height up to a
maximum of eighty (80) feet or the regulated height of the
EXISTING utility poles, communication facilities, or other
existing structures, whichever is less.
2) For utility poles or other similar structures the diameter
OF THE POLE may be increased up to sixty percent
(60%).
3) Collocations on all existing monopoles or towers
whereby the total number of additional appurtenances is
less than twenty-five percent (25%) of the original number
may be approved by the Planning and Zoning
Administrator.
iv. Major Communication Facilities
a) Major communication facilities are those facilities that do not meet the minor
communications facilities criteria.
b) They are subject to a conditional use permit AND REQUIREMENTS OF
SECTION 22.5. All property owners within six hundred (600) feet must be
notified for the use permit. Once a use permit has been obtained, a
communication facility application shall be submitted for Planning and Zoning
Commission approval.
c) Tier II stealth criteria apply to all major communication facilities.
d) All major communication facilities shall meet the following criteria:
1) The height of a facility shall not exceed the height established in the
criteria for minor facilities, except that they are allowed up to one hundred
fifty (150) feet in C-1, C-2, and T-P Zoning Districts.
2) A minimum of one (1) parking space must be provided unless
specifically waived by the Planning and Zoning Commission and Town
Council.
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ORDINANCE NO. (O)18-11
AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA,
AMENDING CHAPTER 25, USE REGULATIONS, SECTION 25.1,
REQUIREMENTS FOR SPECIFIC USES OF THE ORO VALLEY
ZONING CODE REVISED;REPEALING ALL RESOLUTIONS,
ORDINANCES AND RULES OF THE TOWN OF ORO VALLEY IN
CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES
THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE
ALREADY BEGUN THEREUNDER
WHEREAS, on March 13, 1981, the Mayor and Council approved Ordinance (O)81-58, which
adopted that certain document entitled “Oro Valley Zoning Code Revised (OVZCR); and
WHEREAS, the proposed amendment to Section 25.1, Requirements for Specific Uses, of the
Oro Valley Zoning Code Revised will 1) revise the setback standards for new ground-mounted
facilities; 2) define the threshold for approving collocations or modifications to existing facilities
a required by federal law; and 3) allow the Planning and Zoning Administrator the authority to
waive requirements that would result in denial of an application without “substantial evidence”;
and
WHEREAS, the Planning and Zoning Commission held a meeting on July 10, 2018, and voted
to recommend approval of amending Chapter 25, Use Regulations, Section 25.1, Requirements
for Specific Uses as it relates to standards for communication facilities; and
WHEREAS,the Mayor and Council have considered the proposed amendments and the Planning
and Zoning Commission’s recommendation and finds that they are consistent with the Town's
General Plan and other Town ordinances and are in the best interest of the Town.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Town Council of the Town of
Oro Valley that:
SECTION 1.That certain document entitled Chapter 25, Use Regulations, Section 25.1,
Requirements for Specific Uses of the Oro Valley Zoning Code Revised, attached hereto as
Exhibit “A” and incorporated herein by this reference, and declared a public record on July 18,
2018 is hereby adopted
SECTION 2.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.
SECTION 3.If any section, subsection, sentence, clause, phrase, or portion of the resolution or
any part of the General Plan Amendment adopted herein is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions thereof.
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PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
18th day ofJuly, 2018.
TOWN OF ORO VALLEY
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM :
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
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EXHIBIT “A”
AMEND the following in Section 25.1 of the Zoning Code. Additions shown in
ALL CAPS, Deletions shown in strikethrough
B. Requirements for Specific Non-Residential Uses
5.Communication Structures and Facilities
b. Communication Facilities
i. Applicability
This section applies to all new communication facilities or new appurtenances to existing
facilities except:
a) Facilities used for police, fire, ambulance, and other emergency dispatch functions.
b) Small cell wireless facilities located in the public rights-of-way which shall adhere to
the standards, processes and fees established in the small cell wireless code.
C) REQUIREMENTS PREVENTING INSTALLATION OF A FACILITY MAY BE
WAIVED BY THE PLANNING AND ZONING ADMINISTRATOR WHEN THERE
IS A CONFLICT WITH FEDERAL LAW.
ii. General Requirements for All Communications Facilities
a) Stealth Applications
1) All facilities, INCLUDING MODIFICATIONS TO EXISTING
FACILITIES, shall be constructed using stealth applications for the antennas. A
stealth application entails the camouflaging of an antenna, appurtenance, fixture,
and/or structure with a building or the landscape in terms of design, colors,
materials, height, and width.
2) Site location and development shall preserve the existing character of the
surrounding community, buildings, land uses and zoning district. Facilities shall
be integrated through location and design to blend in with the existing
characteristics of the site. Existing on-site vegetation shall be preserved or
improved, and disturbance of the existing topography shall be minimized.
3) Antennas mounted on buildings, utility poles, or structures shall be covered
by appropriate casings that are designed to match existing structural or
architectural features.
4) The camouflaging of antennas shall include architectural integration, painting
and texturing to match the existing structure, or if groundmounted, of such design
to be compatibly integrated with the surrounding landscape. Where feasible,
antennas can be placed directly above, below or incorporated with vertical design
elements of a building to help in camouflaging.
b) No communication facilities shall be permitted on developed or undeveloped lots
where the primary use is or is platted for a dwelling. OR PURPOSE IS FOR A
DWEILLING.
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c) Setback Requirements for All Ground-Mounted Facilities, Excluding Joint-Use
Installations on Street Lights, Traffic Lights, Electric Utility Poles and/or other Utility
Structures and Collocations on Existing Facilities:
1) Structures ARE SUBJECT TO THE UNDERLYING ZONING
DISTRICT BUILDING SETBACKS AND shall MUST be set back two
(2) feet for every one (1) foot in height from buildings, property lines and
overhead wires. THE BOUNDARY OF ANY PROPERTY WHERE THE
PRIMARY USE OR PURPOSE IS FOR A DWELLING, WHICHEVER
IS MORE RESTRICTIVE
2) All new facilities within the Tangerine Road Corridor Overlay District and
Oracle Road Scenic Overlay District must be set back from the right-of-way edge
by a distance of three (3) feet for every one (1) foot in height.
d) Equipment Buildings, AND Cabinets, and/or Structures
1) Equipment buildings or structures CABINETS shall be concealed from
public view and made compatible with the architecture of the surrounding
buildings and consistent with the general character of the area.
2) Above-ground equipment shall be completely screened from view by a
compatible solid wall or opaque fence except when a ground-mounted cabinet or
structure, or combination of all cabinets or structures, is smaller than one hundred
and eighty (180) cubic feet. Units that are smaller than one hundred and eighty
(180) cubic feet may, at the discretion of the Planning and Zoning Administrator,
not be required to be screened from view if they have been designed with a
structure, materials, colors or detailing that emulates the character of the area. All
gates shall be opaque
3) Equipment buildings must be placed in compliance with the underlying
zoning setbacks for accessory buildings.
4) The equipment building or structure CABINET must be regularly
maintained.
5) The maximum building height shall not exceed eighteen (18) feet.
6) All above-ground equipment with air conditioning units shall be enclosed by
walls, if located within three hundred (300) feet of developed or undeveloped lots
where the primary use is or is platted for single-family dwellings
7) Any exterior lighting, unless required by the Federal Aviation
Administration, shall be positioned within the walled area and shall be mounted
below the height of the screening fence or wall.
e) Additional Standards for Development in Parks and Open Space Zoning: For areas
not utilized as a developed public or private park, golf course, or similar use, the
following standards shall apply:
1) All facilities must be collocated on an existing manmade structure or ground-
mounted and disguised as a natural feature such as rock or saguaro.
2) All accessory and equipment buildings shall be vaulted LOCATED
underground unless they can be entirely camouflaged as a natural feature.
3) New roads shall not be constructed to specifically access the site.
4) Significant resources, as defined in Section 27.6, may not be disturbed.
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f) Discontinuance of Use
1) Any antenna or tower for which the use is discontinued for six (6) months or
more shall be removed, and the property shall be restored to its condition prior to
the location of the antenna or tower, all at the expense of the provider. The Town
may require financial assurances to ensure compliance with this provision.
g) Noninterference with Public Safety
1) No wireless communication transmitter, receptor, or other facility shall
interfere with police, fire, and emergency public safety communications.
h) Technical Evaluation
1) The Town may engage the services of a third party consultant, at the
applicant’s sole expense, to evaluate the accuracy of the application, Federal
Communications Commission compliance, and other technical issues as needed.
i) Monopole and Tower Site Standards
1) Any new monopole shall be separated from the nearest monopole –regardless
of ownership and jurisdictional boundaries – by a distance of one-quarter (1/4)
mile, unless it is adjacent to an existing monopole or tower within a common
screened wall
2) New towers require a minimum separation of one (1) mile from any existing
tower – regardless of ownership and jurisdictional boundaries – unless one can
verify that no reasonable alternative exists.
3) All new monopoles or towers that are forty (40) feet or higher shall allow for
collocation by other wireless communication providers.
4) Use of guy wires is prohibited.
J) COLLOCATIONS OR MODIFICATIONS TO EXISTING TOWERS OR
STRUCTURES
1) THE PLANNING AND ZONING ADMINISTRATOR SHALL NOT
DENY ANY ELIGIBLE COLLOCATIONS OR MODIFICATIONS TO
EXISTING STRUCTURES, EXCEPT WHEN THE COLLOCATION OR
MODIFICATION IS A SUBSTANTIAL CHANGE TO THE PHYSICAL
DIMENSIONS OF THE STRUCTURE, AS DEFINED BELOW.
A. SUBSTANTIAL CHANGES ARE THOSE WHICH MEET ANY
OF THE FOLLOWING CRITERIA:
i. AN INCREASE IN HEIGHT OF THE UTILITY POLES
THAT ADD MORE THAN TEN PERCENT (10%) TO
THE ORIGINAL HEIGHT OR MORE THAN THE
HEIGHT OF ONE ADDITIONAL ANTENNA ARRAY
WITH SEPARATION FROM THE NEAREST
ANTENNA ARRAY NOT TO EXCEED TWENTY (20)
FEET, WHICHEVER IS GREATER, UP TO A
MAXIMUM OF EIGHTY (80) FEET
ii. AN INCREASE IN HEIGHT OF THE EXISTING
STRUCTURES THAT ADD MORE THAN TEN
PERCENT (10%) OR MORE THAN TEN (10) FEET,
WHICHEVER IS GREATER AND NOT TO EXCEED
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THE REGULATED HEIGHT OF THE EXISTING
STRUCTURE.
iii. THE ADDITION OF AN APPURTENANCE THAT
1. PROTRUDES FROM THE EDGE OF THE
STRUCTURE MORE THAN SIX (6) FEET, OR
2. MORE THAN THE WIDTH OF THE
STRUCTURE AT THE LEVEL OF THE
APPURTENANCE, WHICHEVER IS GREATER,
OR
3. IS MORE THAN TWENTY-FIVE PERCENT
(25%) OF THE EXISTING NUMBER OF
APPURTENANCES
iv. THE INSTALLATION OF NEW EQUIPMENT
CABINETS
1. WHEN THERE ARE NO PRE-EXISTING
GROUND CABINETS ASSOCIATED WITH THE
STRUCTURE, OR
2. MORE THAN THE STANDARD NUMBER OF
NEW EQUIPMENT CABINETS FOR THE
TECHNOLOGY INVOLVED, BUT NOT TO
EXCEED FOUR (4) CABINETS, OR
3. MORE THAN TEN (10%) PERCENT LARGER
IN HEIGHT OR OVERALL VOLUME THAN
ANY OTHER GROUND CABINETS
ASSOCIATED WITH THE STRUCTURE
v. ENTAILS ANY EXCAVATION OR DEPLOYMENT
OUTSIDE THE CURRENT SITE
vi. DEFEATS EXISTING CONCEALMENT ELEMENTS
OF THE STRUCTURE
vii. DOES NOT COMPLY WITH CONDITIONS
ASSOCIATED WITH PRIOR APPROVALS OF THE
STRUCTURE, UNLESS NON-COMPLIANCE IS DUE
TO AN INCREASE IN HEIGHT, WIDTH, OR
ADDITION OF CABINETS OR EXCAVATION THAT
DOES NOT EXCEED THE SUBSTANTIAL CHANGE
THRESHOLD.
2) COLLOCATIONS OR MODIFICATIONS THAT ARE SUBSTANTIAL
CHANGES SHALL COMPLY WITH THE TIER I, TIER II OR MAJOR
COMMUNICATION FACILITY REQUIREMENTS OF THIS CODE.
3) ALL COLLOCATIONS OR MODIFICATIONS SHALL BE
CONSTRUCTED USING STEALTH APPLICATIONS.
jK) Access and Signage
1) All facilities, especially roof-mounted antennas, must be designed in a
manner to clearly prevent and/or deter access by the public.
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2) All facilities shall be identified by a permanently installed plaque or marker,
no larger than four (4) inches by six (6) inches, clearly identifying the provider’s
name, address and emergency phone number. The sign shall be placed in a
location visible to passersby.
kL) Provider’s Communication Plan
1) The Provider Communication Plans shall be utilized to require collocation
and/or clustering of new facilities where technically feasible.
lM) Application Requirements
1) Applications required under this Chapter shall be submitted in a form and in
such numbers as required by the official responsible for accepting the application.
iii. Minor Communication Facilities
a) General Standards for Minor Facilities
1) Minor facilities may not exceed forty (40) feet in height unless otherwise
specified herein.
2) Minor facilities are exempt from parking requirements specified in Chapter
11, unless required by Planning and Zoning Administrator or Planning and
Zoning Commission.
b) Tier I Minor Facilities
1) The Planning and Zoning Administrator shall make a determination on a Tier
I application.
2) All Tier I minor facilities shall be constructed using stealth applications that
result in the communication facility being entirely indiscernible as a facility
because it appears as a functional component of a building, structure, or the
landscape.
3) All Tier I minor facilities shall meet the following criteria:
A) They shall be located on existing buildings, utility poles,
communication facilities, or other existing structures.
i) A replacement utility pole or structure may be utilized only if
it closely resembles the original utility pole or structure.
ii) The height of the utility poles, communication facilities, or
other existing structures shall not add more than twenty percent
(20%) to the original height up to a maximum of eighty (80) feet or
the regulated height of the EXISTING utility poles,
communication facilities, or other existing structures, whichever is
less.
iii) For utility poles or other similar structures the diameter OF
THE POLE may be increased up to sixty percent (60%).
B) Or they shall be located within concealment structures such as flag-
poles, cacti, or desert trees that are entirely camouflaged.
C) Unlimited collocations on all existing facilities.
D) Flagpoles utilized as an alternative concealment structure shall not
exceed one and one-quarter (1.25) times the height of the nearest structure
and a total diameter of thirteen (13) inches.
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c) Tier II Minor Facilities
1) The Planning and Zoning Commission shall make a final determination on all
Tier II applications, except when a proposed new facility exceeds the building
height restrictions of the underlying zoning district. In this case, the Planning and
Zoning Commission shall provide a recommendation prior to Town Council
determination.
2) All property owners and HOAs within six hundred (600) feet of the facility
will be notified by mail and provided with fifteen (15) days to respond. The
Planning and Zoning Administrator may require a neighborhood meeting.
3) All Tier II minor facilities shall be constructed using stealth applications that
result in the communication facility being incorporated into a building, structure,
or the landscape to the greatest extent feasible; however, it remains discernible as
a facility.
4) All Tier II minor facilities shall meet the following criteria:
A) New monopoles or towers that are forty (40) feet or less in height.
The overall height may be increased to fifty (50) feet only if the site will
be immediately utilized for collocation. The increase in height will be the
minimum required to support collocation.
B) Collocation on existing structures is subject to the following
requirements:
1) The height of the utility poles, communication facilities, or
other existing structures shall not add more than thirty percent
(30%) to the original height up to a maximum of eighty (80) feet or
the regulated height of the EXISTING utility poles,
communication facilities, or other existing structures, whichever is
less.
2) For utility poles or other similar structures the diameter OF
THE POLE may be increased up to sixty percent (60%).
3) Collocations on all existing monopoles or towers whereby the
total number of additional appurtenances is less than twenty-five
percent (25%) of the original number may be approved by the
Planning and Zoning Administrator.
iv. Major Communication Facilities
a) Major communication facilities are those facilities that do not meet the minor
communications facilities criteria.
b) They are subject to a conditional use permit AND REQUIREMENTS OF SECTION
22.5. All property owners within six hundred (600) feet must be notified for the use
permit. Once a use permit has been obtained, a communication facility application shall
be submitted for Planning and Zoning Commission approval.
c) Tier II stealth criteria apply to all major communication facilities.
d) All major communication facilities shall meet the following criteria:
1) The height of a facility shall not exceed the height established in the criteria
for minor facilities, except that they are allowed up to one hundred fifty (150) feet
in C-1, C-2, and T-P Zoning Districts.
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2) A minimum of one (1) parking space must be provided unless specifically
waived by the Planning and Zoning Commission and Town Council.
Planning & Zoning Commission AGENDA ITEM: 4.
Meeting Date:07/10/2018
Requested by: Bayer Vella, Community and Economic Development
Submitted By:Milini Simms, Community and Economic Development
Case Number:OV1801632
SUBJECT:
PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A ZONING CODE AMENDMENT TO
SECTION 25.1 REGARDING STANDARDS FOR COMMUNICATION FACILITIES, OV1801632
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The purpose of this code amendment (Attachment 1) is to:
1) Revise the setback standards for new ground-mounted facilities - The code currently requires all
ground-mounted facilities be setback from all buildings (including those onsite), property lines and overhead
wires. These requirements were established for safety purposes, should the tower fall. However, new technology
and more durable materials eliminate this need.
2) Define the threshold for approving collocations or modifications to existing facilities as required by Federal law -
In 2012, a Federal law passed mandating local governments to approve modifications or collocations on existing
communications facilities that do not "substantially change" the physical dimensions of the tower or structure.
Although the current code encourages collocations, it does not specify they must be approved by the Planning
and Zoning Administrator nor define a "substantial change" to the physical dimension.
3) Allow the Planning and Zoning Administrator the authority to waive requirements that would result in denial of
an application without "substantial evidence"- Federal law supports cell facilities that do not meet local code
requirements, unless "substantial evidence" is provided by the local jurisdiction to support the denial.
The proposed code amendment includes:
Requiring all new ground-mounted facilities be subject to the underlying zoning districts building setbacks
and two (2) feet for every one(1) foot in height from the boundary of any property only where the primary
use is or will be a dwelling.
Collocations or modifications that do not "substantially change" (as defined further in this report) the
physical dimensions of the existing tower or structure must be approved as required by Federal law by the
Planning and Zoning Administrator.
Allows the Planning and Zoning Administrator to waive requirements that may result in denial of an
application without "substantial evidence" as required by Federal law.
Maintains requirements for all facilities, including modifications to utilize stealth applications, or
camouflaging to the greatest extent feasible
Maintains current code requirements for scenic corridors and facilities in parks or open space
The proposed code amendment (Attachment 1) represents a portion of the communication facilities revisions
recognized in the Planning Division 17-19 Work Plan. This specific amendment is being brought forward at this
time to conform to Federal law. Therefore, staff recommends approval.
BACKGROUND OR DETAILED INFORMATION:
The purpose of this code amendment is to address the following:
1. Setback requirements for ground-mounted facilities
The code currently requires all ground-mounted facilities be setback from all buildings (including those onsite),
property lines and overhead wires by two (2) feet for every (1) one foot in height of the proposed facility. The
setbacks were established for safety purposes, should the tower fall. However, new technology and more durable
materials eliminate this need.
Staff researched and compared other Arizona jurisdictions' setback requirements (shown below) to formulate the
proposed amendment.
Jurisdiction Setback requirement
Tucson 2 feet for every 1 foot in height from the boundary of any property zoned residential or office
Sahuarita Building setbacks in underlying zoning or 1:1 in height from rural and residential zones
Gilbert Equal to or greater than the building setbacks of the underlying zoning district and 75 feet or
110% of the height of the facility from residential areas
Chandler 2 feet for every 1 foot in height from the boundary of any adjacent property that is designated as
residential use
Marana Building setbacks of underlying zoning district
In summary, most jurisdictions require cell towers to comply with the underlying zoning district's building setbacks
and/or be setback from areas used for residential purposes. The proposed code amendment combines these
setback requirements.
2. Collocations and modifications to existing towers or structures
In 2012, a Federal Law passed mandating local governments to approve modifications or collocations on existing
communications facilities that do not "substantially change" the physical dimensions of the tower or structure.
Although the current code encourages collocations, it does not specify they must be approved by the Planning
and Zoning Administrator nor define a substantial change to the physical dimension.
Town staff reviewed the Federal Communications Commission (FCC) interpretation defining substantial changes
and reached out to service providers for input to formulate a definition of what should constitute a substantial
change. As such, the proposed code amendment defines substantial changes to the physical dimension as any
change which meets any of the following criteria:
An increase in height of the utility poles that add more than ten percent (10%) to the original height or more
than the height of one additional antenna array with separation from the nearest antenna array not to
exceed twenty (20) feet, whichever is greater, up to a maximum of eight (80) feet
An increase in height of the existing structure that add more than ten percent (10%) or by more than ten
(10) feet, whichever is greater and not tot exceed the regulated height of the existing structure.
The addition of an appurtenance that protrudes from the tower more than six (6) feet or more than the width
of the tower structure at the level of the appurtenance, whichever is greater
The total number of additional appurtenances is more than twenty-five percent (25%) of the existing
number of appurtenances
Involves the installation of ground equipment cabinets when there are no pre-existing cabinets associated
with the structure
Installation of more than four ground equipment cabinets or cabinets that are more than ten percent (10%)
larger in height or volume than any existing ground cabinets associated with the structure
Entails any excavation or deployment outside of the current site
Defeats the existing concealment efforts of the tower or structure
Does not comply with any prior conditions of approval for the existing tower or structure
3. DENIAL OF APPLICATIONS
Federal law supports cell facilities that do not meet local code requirements, unless "substantial evidence" is
provided by local jurisdictions to support the denial. Many of which are unique and outlying
circumstances requiring special consideration. As such, the following code allows the Planning and Zoning
Administrator to waive requirements that would result in denial of an application, when "substantial evidence"
cannot be provided.
General Plan Conformance
The proposed code amendment has been reviewed for conformance with the General Plan. Notable goals,
policies and actions include:
SD.6: Protect scenic corridors, public park and trail view sheds, and the distinctive visual character and visual
appeal of Oro Valley.
Policy I.1: Accommodate community services and utilities that meet the larger community needs and goals.
Policy I.2: Consider aesthetics and visual impacts of utilities and aging infrastructure during the planning, design
or upgrade process, to the extent reasonably possible.
The proposed code amendment conforms with the General Plan by:
Maintaining the requirement that all facilities, including modifications utilize stealth applications or
camouflaging to the greatest extent feasible
Maintaining current code requirements for scenic corridors and facilities in parks or open space
Not allowing communication facilities on properties where the primary use is or will be for residential
purposes
Requiring the largest setback to be from properties where the primary use is or will be for residential
purposes
PUBLIC NOTIFICATION
Public Notice has been provided as follows:
All HOAs in Town were notified of this hearing
Public hearing notices were posted:
In the Territorial Newspaper
At Town Hall
On the Town website
RECOMMENDATION
This specific amendment is being brought forward primarily to achieve conformance with Federal law. Therefore,
staff recommends approval.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to recommend approval of the Zoning Code Amendment to Section 25.1, regarding standards for
communication facilities as provided in Attachment 1.
OR
I MOVE to recommend denial of the Zoning Code Amendment to Section 25.1, regarding standards for
communication facilities based on the finding _______________________.
Attachments
ATTACHMENT 1-ZONING CODE AMENDMENT
July 10, 2018 Planning and Zoning Commission 1
MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
SPECIAL SESSION
July 10, 2018
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
SPECIAL SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
Chair Hurt called the meeting to order at 6:00 p.m.
ROLL CALL
PRESENT: Charlie Hurt, Chair
Greg Hitt, Commissioner
Bob Swope, Commissioner
Thomas Gribb, Commissioner
Don Cox, Commissioner
Nathan Basken, Commissioner
EXCUSED: Tom Drzazgowski, Commissioner
ALSO PRESENT:
Community and Economic Development Director J.J. Johnston
Chief Civil Deputy Attorney Joe Andrews
Council Liaison Bill Rodman
Planning Manager Bayer Vella
Permitting Manager David Laws
PLEDGE OF ALLEGIANCE
Chair Hurt led the Commission and audience in the Pledge of Allegiance.
CALL TO AUDIENCE
There were no speaker requests.
COUNCIL LIAISON COMMENTS
Council Liaison Bill Rodman provided the following updates:
- On behalf of the Town Council, thank you to Greg Hitt for returning to the Commission.
July 10, 2018 Planning and Zoning Commission 2
- At the last Council meeting on June 6, Council approved the Miller Ranch rezoning
and the amendment to the Zoning Code related to Conditional Use Permits regarding
utility poles, wires and equipment.
- For the upcoming Council meeting on July 18, the five cases on tonight's agenda may
be heard by Council based on the recommendations by the Commission tonight.
- Council will be on break for the month of August.
SPECIAL SESSION AGENDA
1. REVIEW AND APPROVAL OF THE MAY 1, 2018 REGULAR SESSION
MEETING MINUTES
MOTION: A motion was made by Commissioner Swope and seconded by
Commissioner Gribb to approve the May 1, 2018 meeting minutes as written.
MOTION carried, 4-0. with Greg Hitt, Commissioner and Don Cox, Commissioner
abstained.
2. DISCUSSION AND POSSIBLE ACTION REGARDING TWO OFFICE
BUILDINGS, LOCATED ON THE WEST SIDE OF ORACLE ROAD,
JUST NORTH OF GREENOCK DRIVE, OV1801101
ITEM A: CONCEPTUAL SITE AND LANDSCAPE PLAN, INCLUDING AN
ALTERNATIVE PARKING RATIO
ITEM B: CONCEPTUAL ARCHITECTURE FOR THE FIRST PHASE OF
DEVELOPMENT
Senior Planner Milini Simms provided a presentation that included the following:
- Purpose
- Location
- Conceptual Site Plan
- Alternative Parking Ratio
- Conceptual Landscape Plan
- Conceptual Architecture
- Compatibility with Surrounding Architecture
- Public Participation
- Impact on Views
- Summary and Recommendation
Applicant Walter Hoge spoke on some of the high points of the project:
- It has been an interactive process and have worked closely with consultants and Town
staff
- Have gone to great degrees of mitigation to achieve desired outcome
July 10, 2018 Planning and Zoning Commission 3
- Entire site development will be completed in Phase 1, what will remain is the pad
for the second building
- Anticipate another medical company for the second occupant in the future
Discussion ensued amongst the Commission, applicant and staff.
James McMurtie, civil engineer for the project, stated that the additional parking spaces
did not include additional disability spaces; it includes the amount required by
international building code.
Chair Hurt opened the public hearing.
Oro Valley resident David Clement spoke as undecided on Agenda Item 2.
Chair Hurt closed the public hearing.
Permitting Manager David Laws addressed the speaker's concerns regarding drainage.
MOTION: A motion was made by Commissioner Cox and seconded by Commissioner
Swope to recommend approval of the Conceptual Site/Landscape Plan and approved
the Alternative Parking Ratio for an office development subject to the conditions in
Attachment 1, (including the Stormwater drainage report) finding each is in conformance
with the Design Principles and applicable Design Standard of the Zoning Code.
MOTION carried, 6-0.
MOTION: A motion was made by Commissioner Gribb and seconded by Commissioner
Cox to recommend approval of the Conceptual Architecture for the first phase only of
the office development, subject to the conditions in Attachment 2, finding it is in
conformance with the Design Principles and applicable Design Standards of the Zoning
Code.
MOTION carried, 6-0.
3. DISCUSSION AND POSSIBLE ACTION: CONCEPTUAL SITE AND
LANDSCAPE PLANS FOR VICTORY WORSHIP CENTER AND
SPRINGBOARD YOUTH CRISIS CENTER, LOCATED ON THE NORTHWEST
CORNER OF TANGERINE ROAD AND COMO DRIVE, OV1801125
Senior Planner Milini Simms provided a presentation that included the following:
- Purpose
- Location
- Revised Conceptual Site and Landscape Plans
- History
- Public Participation
July 10, 2018 Planning and Zoning Commission 4
- Summary and Recommendation
Brian Hagedon of GLHN Architects and Engineers, did not provide a presentation, but
offered to answer any questions.
Discussion ensued amongst the Commission, staff and the applicant.
Chair Hurt opened the public hearing.
Oro Valley resident Ron Orrantia spoke as opposed to Agenda Item 3.
Oro Valley resident Jim Engle spoke on Agenda Item 3.
Chair Hurt closed the public hearing.
Staff addressed the traffic, dust and drainage concerns raised during public hearing.
MOTION: A motion was made by Commissioner Hitt and seconded by Commissioner
Basken to recommend approval of the Conceptual Site and Landscape Plans for Victory
Worship Center, subject to the conditions in Attachment 1, based on the finding it is in
conformance with the Design Principles and applicable Design Standards of the Zoning
Code.
MOTION carried, 6-0.
4. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A
ZONING CODE AMENDMENT TO SECTION 25.1 REGARDING STANDARDS
FOR COMMUNICATION FACILITIES, OV1801632
Senior Planner Milini Simms provided a presentation that included the following:
- Purpose
- Update setback requirements
- Address Collocations and modifications
- General Conformance to Federal Law
- General Plan Conformance
- Summary and Recommendation
Chair Hurt opened the public hearing.
There were no speaker requests.
Chair Hurt closed the public hearing.
Discussion ensued amongst the Commission and staff.
July 10, 2018 Planning and Zoning Commission 5
MOTION: A motion was made by Commissioner Gribb and seconded by Commissioner
Hitt to recommend approval of the Zoning Code Amendment to Section 25.1, regarding
standards for communication facilities as provided in Attachment 1.
MOTION carried, 6-0.
5. DISCUSSION AND POSSIBLE ACTION ON A PROPOSED COMMUNICATION
FACILITY LOCATED ON THE SAHUARO VISTA VETERINARY CLINIC
PROPERTY, NEAR THE SOUTHWEST CORNER OF COOL DRIVE AND
ORACLE ROAD, OV1701979
Senior Planner Milini Simms provided a presentation that included the following:
- Purpose
- Location
- Tier II Communication Facility
- Stealth Applications
- General Plan Conformance
- Summary and Recommendation
Applicant Michelle Lamoureux of Pinnnacle Consulting, provided a presentation that
included the following:
- Proposed design of new facility
- Provided examples of the colored leaves options
- The tower will be located at 333 W Cool Drive
- Necessity of Proposed Facility
- Coverage with and without proposed facility
- Alternative Candidate Analysis
- Photo simulations from different angles
Discussion ensued amongst the Commission, staff and applicant.
Chair Hurt opened the public hearing.
The following individuals spoke as undecided on Agenda Item 5:
Oro Valley resident Frank Ali
Oro Valley resident Harold Adair
Chair Hurt closed the public hearing.
MOTION: A motion was made by Commissioner Cox and seconded by Commissioner
Swope to recommend approval of the proposed cell tower, subject to the condition in
Attachment 1, finding that it meets the applicable zoning provisions and the General
Plan.
July 10, 2018 Planning and Zoning Commission 6
Further discussion continued amongst the Commission, applicant and staff.
MOTION carried, 6-0.
6. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A
ZONING CODE TEXT AMENDMENT TO ALLOW ATTACHED DWELLINGS IN
THE R-6 MULTI-FAMILY DISTRICT AND OTHER RELATED REVISIONS
Planning Manager Bayer Vella provided a presentation that included the following:
- Purpose
- Locations of R-6 Districts
- R-6 District
- Clarification of other development standards
- Recommendation
Mr. Vella also recognized the Planning Intern Rachel Smith for her work on this project.
Chair Hurt opened the public hearing.
Ted Bednar spoke in support of Agenda Item 6.
Chair Hurt closed the public hearing.
MOTION: A motion was made by Commissioner Hitt and seconded by Commissioner
Basken to recommend approval of the Zoning Code Amendment to permit attached
dwellings in the R-6 zoning district and other related updates shown in Attachment 1.
Discussion ensued amongst the Commission and staff.
MOTION carried, 6-0.
7. ELECTION OF VICE CHAIR FOR THE PLANNING AND ZONING COMMISSION
EFFECTIVE JULY 11, 2018
MOTION: A motion was made by Commissioner Gribb and seconded by Commissioner
Basken to nominate Bob Swope as vice-chair effective July 11, 2018.
Since there were no other nominations, Commissioner Swope accepted by acclamation.
PLANNING UPDATE (INFORMATIONAL ONLY)
Planning Manager Bayer Vella provided the following updates:
- The upcoming neighborhood meeting on July 12 regarding a Verizon cell tower on
July 10, 2018 Planning and Zoning Commission 7
Oracle Road
- The five cases tonight will be presented to Council on July 18
- The next Planning and Zoning Commission meeting is scheduled for August 7; do not
currently have any items
ADJOURNMENT
Chair Hurt adjourned the meeting at 7:26 p.m.
Prepared by:
Jeanna Ancona
Senior Office Specialist
I hereby certify that the foregoing minutes are a true and correct copy of the special
session Planning and Zoning Commission meeting of Oro Valley, Arizona held on
the 10th day of July, 2018. I further certify that the meeting was duly called and held and
that a quorum was present.
Town Council Regular Session 4.
Meeting Date:07/18/2018
Requested by: Bayer Vella Community Development & Public Works
Submitted By:Milini Simms, Community and Economic Development
Department:Community Development & Public Works
Information
SUBJECT:
DISCUSSION AND POSSIBLE ACTION ON A PROPOSED COMMUNICATION FACILITY LOCATED ON THE
SAHUARO VISTA VETERINARY CLINIC PROPERTY, NEAR THE SOUTHWEST CORNER OF COOL DRIVE
AND ORACLE ROAD
RECOMMENDATION:
The Planning and Zoning Commission recommended approval, subject to the conditions in Attachment 1.
EXECUTIVE SUMMARY:
The purpose of this request is to consider a new 50 foot cell tower and accompanying ground equipment
(Attachment 2), located on the Sahuaro Vista Veterinary Clinic property, near the southwest corner of Cool Drive
and Oracle Road (Attachment 3). Per the applicant, the proposed cell tower is replacing a tower that was
recently decommissioned in the area causing a service "dead" zone.
As stated in Attachment 1, approval of a proposed cell tower is contingent upon the approval of a related code
amendment regarding setback requirements for new facilities that will also be considered by Town Council on
July 18.
The proposed communication facility includes:
New 50' foot tower camouflaged to look like an elm tree
Ground equipment screened by an opaque eight (8) foot wall
Immediate collocation by Sprint
The focus of review is the use of stealth applications, or camouflaging of the proposed tower and that it meets the
dimension and development standards established in the Zoning Code. As such conditions are included in
Attachment 1, to ensure the proposed cell tower meets all the required setbacks and the mono-elm is painted and
shaped to match native plants common in the area and listed on the Zoning Code's approved plant list. The
applicant is in agreement with this condition.
The request meets all the code provisions (pending approval of the related code amendment and satisfaction of
conditions) for Tier II Minor Communication Facilities. As a result, the Planning and Zoning Commission
recommended approval, subject to the conditions in Attachment 1.
BACKGROUND OR DETAILED INFORMATION:
DISCUSSION/ ANALYSIS:
The proposed 50 foot cell tower is located on the Sahuaro Vista Veterinary Clinic property, near the southwest
corner of Cool Drive and Oracle Road. The proposed cell tower is replacing a tower that was
recently decommissioned in the area, which per the applicant caused a service "dead" zone. The cell tower is
located on a commercially zoned property (C-2) and surrounded by other commercial uses, except for a
multi-family residential development to the north.
Zoning Conformance
Pending approval of a related code amendment to Section 25.1 of the Zoning Code and satisfaction of the
attached conditions, the proposed cell tower meets all Tier II Minor Communication Facility requirements.
Dimensional and Development Standards
Tier II Minor Communication Facilities may be 50' tall, as long as collocation is
immediately available. As proposed, the cell tower will be immediately utilized by both Verizon and Sprint
(Attachment 2). Additionally, a pending code amendment requires new communication facilities to utilize the
underlying zoning district's building setbacks and be setback further from areas where the primary use or purpose
is for a dwelling. The required and proposed setbacks are included in Attachment 4.
Design
Stealth design is the camouflaging of a cell tower through the use of design, colors, materials, height and width.
The applicant has demonstrated the proposed modifications use stealth applications; however, improvements are
needed. These methods include:
Camouflaging the tower as an elm tree. A condition of approval is included in Attachment 1, requiring the
mono-elm be painted and shaped to match native plants common in the area and listed on the Zoning
Code's approved plant list.
Antennas protruding from the pole less than 4 feet.
Encasing the new antennas in "socks" to look like leaves.
Ground equipment screened by an eight (8) foot opaque wall, painted to match the building.
A photo simulation of the proposed cell tower is provided in Attachment 5. The simulation is of a generic
mono-elm, which due to the shape and color is not camouflaged to the greatest extent possible. As such, a
condition of approval in including in Attachment 1, requiring the applicant to revise the mono-elm photo simulation
to show it matches native plants common in the area and listed on the Zoning Code's approved plant list, for
administrative approval. The applicant agrees with this condition.
Compatibility
The proposed cell tower is compatible to the surrounding area based on the following:
The pole is located on a commercially zoned property, surrounded by other commercial uses, except for an
apartment complex to the north
The use of stealth applications to camouflage the tower as an elm tree
An improvement to the recently decommissioned tower that was located closer to residences and did not
utilize stealth applications
Design Principles and Design Standards Conformance
An analysis of the Design Principles and Design Standards applicable to this request are provided in Attachment
4.
General Plan Conformance:
The proposed cell tower has been reviewed for conformance with the General Plan. Notable policies related to
this request include:
Policy I.1. Accommodate community services and utilities that meet the larger community needs and goals.
Policy I.2. Consider aesthetics and visual impacts of utilities and aging infrastructure during the planning, design
or upgrade process, to the extent reasonably possible.
Policy I.4. Identify and facilitate the replacement and timely upgrade of aging infrastructure as needed.
The proposed cell tower is fulfilling a service need in the area (per the applicant) and utilizes stealth applications
to the greatest extent possible (upon satisfaction of attached conditions) to reduce visual impacts.
PLANNING AND ZONING COMMISSION:
The applicant's request was heard by the Planning and Zoning Commission on July 10, 2018 in which they
recommended approval, subject to the conditions in Attachment 1. The Planning and Zoning Commission staff
report is included as Attachment 4.
The Planning and Zoning Commission also discussed camouflaging techniques and inquired about opportunities
for other service providers to located on the proposed facility. Minutes from the meeting are included in
Attachment 7.
PUBLIC PARTICIPATION:
Notice to the public was provided consistent with Town-adopted procedures, which include the following:
Properties within 600' feet
Posting at Town Hall
Posting on the subject property
All registered HOA's
A neighborhood meeting for this request was held on June 26, 2018. There was one business owner in
attendance. The primary concerns regarded a nearby cell facility and the process for recruiting other providers to
utilize the pole (for specifics see Attachment 4). The applicant addressed applicable questions and there were
no outstanding items regarding the subject facility. A summary of the neighborhood meeting is included in
Attachment 6.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to APPROVE the proposed cell tower, subject to the conditions in Attachment 1, finding it meets the
applicable zoning provisions and the General Plan.
OR
I MOVE to DENY the proposed cell tower, finding it is
__________________________________________________.
Attachments
ATTACHMENT 1- CONDITIONS OF APPROVAL
ATTACHMENT 2 - APPLICANT'S SUBMITTAL
ATTACHMENT 3- LOCATION MAP
ATTACHMENT 4- PZC STAFF REPORT 7.10.18
ATTACHMENT 5- PHOTO SIMULATION
ATTACHMENT 6- NEIGHBORHOOD MEETING SUMMARY
ATTACHMENT 7- PZC DRAFT MINUTES 7.10.18
Attachment 1
Proposed Cell Facility on Cool Drive
Condition of Approval
(OV1701979)
1.Approval of the fifty (50’) foot cell tower is contingent upon the approval of the related
code amendment to Section 25.1, revising the setback requirements for new cell
facilities.
2.The proposed cell tower shall meet all the underlying zoning district’s building setback
requirements.
3.A revised photo simulation showing the mono-elm painted and shaped to match native
plants common in the area and listed on the approved plant list (Addendum C of the
Zoning Code) shall be provided for administrative approval, prior to issuing grading or
building permits.
PRELIMINARYSITE DIRECTIONSPROJECT DESCRIPTIONVICINITY MAPPROJECT DATASHEET INDEXNEW SITE LOCATIONGROUND ELEVATION LATITUDE LONGITUDE PINNACLE CONSULTING, INC.1426 N. MARVIN STREET #101GILBERT, AZ 85233CONTACT: KYLE FORTINPHONE: (623) 217-4235TOWER OWNERSUN STATE TOWERS1426 N. MARVIN STREET #101CONTACT: CHAD WARDGILBERT, AZ 85233PHONE: (480) 664-9588 EXT. 214SITE ID: AZ02-070SITE NAME: SAGUAROGENERAL NOTESAPPROVALS(RF): DATE:(CONST.): DATE:(RE): DATE:LANDLORD: DATE:1. THIS WIRELESS TELECOMMUNICATIONS FACILITY WILL MEET THEHEALTH AND SAFETY STANDARDS FOR ELECTROMAGNETIC FIELDEMISSIONS AS ESTABLISHED BY THE FEDERAL COMMUNICATIONSCOMMISSION OR ANY SUCCESSOR THEREOF, AND ANY OTHERFEDERAL OR STATE AGENCY.2. THIS WIRELESS TELECOMMUNICATIONS FACILITY WILL MEET THEREGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSIONREGARDING PHYSICAL AND ELECTROMAGNETIC INTERFERENCE.3. LIGHTING OR SIGNS WILL BE PROVIDED ONLY AS REQUIRED BYFEDERAL OR STATE AGENCIES.4. DEVELOPMENT AND CONSTRUCTION OF THIS PROJECT WILLCOMPLY WITH ALL APPLICABLE CODES AND ORDINANCES.5. EXISTING PARKING IS NOT AFFECTED BY THIS PROJECT.6. THIS PROJECT DOES NOT INCLUDE WATER OR SEWER.CLE SULACLE CONSULTING, INC. INC. PINNACLE CONNACLE CONSULTINING, INC. PINNAC. PINE CO.PROJECT AREACLIENTPROPERTY OWNERSITE ACQUISITIONA&E FIRMT-1PROJECT INFORMATIONLS-1TOPOGRAPHIC SURVEYZ-1SITE PLANZ-2DEMO PLANZ-3VERIZON ENLARGED SITE PLANZ-4SPRINT ENLARGED SITE PLANZ-5ELEVATIONSZ-6ELEVATIONSZ-7 DETAILSPINNACLE CONSULTING, INC.1426 N. MARVIN STREET #101GILBERT, AZ 85233CONTACT: MICHELLE LAMOUREUXPHONE: (480) 664-9588 ext. 230CARLTON ANDREW J & CATHLEENA JT/RS8771 N. PASEO NORTENOTUCSON, AZ 85704SUN STATE TOWERS1426 N. MARVIN STREET #101CONTACT: CHAD WARDGILBERT, AZ 85233PHONE: (480) 664-9588 EXT. 214N. ORACLE RDT-1PIMA COUNTY333 W. COOL DRIVEORO VALLEY, AZ 85704PROJECT INFORMATIONSUN STATE: AZ02-070 SAGUAROPIMA COUNTY333 W. COOL DRIVEAPN: 225-14-170CORO VALLEY, AZ 85704CDAKFSUN STATE SCOPE OF WORKxINSTALL PROPOSED 50'-0" SUN STATE MONO-ELMxINSTALL PROPOSED 28'-6"x20'-0" SUN STATE CMU WALLxINSTALL PROPOSED ELECTRICAL SERVICExINSTALL PROPOSED TELCO SERVICExDEMOLITION OF EXISTING STRUCTURES WITHIN LEASE AREAxINSTALL PROPOSED SITE IDENTIFICATION PLAQUEVERIZON SCOPE OF WORKxINSTALL PROPOSED VERIZON EQUIPMENT CABINETxINSTALL (9) PROPOSED VERIZON ANTENNASxINSTALL (9) PROPOSED VERIZON REMOTE RADIO HEADSxINSTALL (2) PROPOSED VERIZON OVP'SxINSTALL (2) PROPOSED VERIZON HYBRID CABLESxINSTALL (6) PROPOSED VERIZON COAX CABLESxINSTALL (1) PROPOSED 4'X10' VERIZON CONCRETE PADSPRINT SCOPE OF WORKxINSTALL PROPOSED SPRINT EQUIPMENT CABINETxINSTALL (6) PROPOSED SPRINT ANTENNASxINSTALL (9) PROPOSED SPRINT REMOTE RADIO HEADSxINSTALL (3) PROPOSED SPRINT HYBRID CABLESxINSTALL (1) PROPOSED SPRINT FIBER CABLExINSTALL (1) PROPOSED 4'X8' SPRINT CONCRETE PADxINSTALL (1) SPRINT NEW ICE-BRIDGExINSTALL (1) SPRINT H-FRAME32° 21' 10.964" N (NAD83)110° 58' 32.446" W (NAD83)2584.6' (NAVD88)SHEET TITLEPREPARED FOR:CHECKED BY:DRAWN BY:PROJECT NO:CONSULTING FIRM1426 NORTH MARVIN STREET #101 GILBERT, AZ 85233PHONE: 480-664-9588 - FAX 480-664-9850PRELIMFOR ZONINGONLYSHEET NUMBER1426 N. MARVIN STREET # 101GILBERT, AZ 85233Construction - Project Management - Site DevelopmentZONING:C-2PARCEL #:225-14-170CUSE:UNMANNED COMMUNICATIONSNEW LEASE AREA:570 SQ. FT JURISDICTION:TOWN OF ORO VALLEY2012 IBC, 2012 IFC, 2012 IMC,2011 NECALL BUILDING CODES LISTED ABOVESHALL INCLUDE AMENDMENTS BY THEGOVERNING JURISDICTIONGOVERNING CODES:REV DATE DESCRIPTION BYA6-13-1890% ZONING CDA¬¬ ¬ ¬¬¬ ¬ ¬¬¬ ¬ ¬¬¬ ¬ ¬¬¬ ¬ ¬¬¬ ¬ ¬¬¬ ¬ ¬DEPART 1426 N. MARVIN ST, GILBERT, AZ 85233: HEADING SOUTHTOWARD W. MERILL AVE. TURN LEFT ONTO W. MERILL AVE, THENCONTINUE FOR 0.2 MILES UNTIL YOU REACH N. COOPER RD. TURN LEFTONTO N. COOPER RD AND CONTINUE FOR 1.2 MILES UNTIL YOU REACHUS-60 W. TURN LEFT AND MERGE ONTO US-60 W. TOWARD PHOENIX,THEN CONTINUE FOR 8.6 MILES UNTIL YOU REACH I-10 E. TOWARDTUCSON. TAKE EXIT RAMP FOR I-10 E. TOWARD TUCSON, THEN MERGEONTO I-10 E. CONTINUE ON I-10 E. FOR 92.0 MILES UNTIL YOU REACHEXIT 246/ CORTARO RD. TURN LEFT ONTO CORTARO RD, THENCONTINUE FOR 7.0 MILES UNTIL YOU REACH N. NORTHERN AVE. THEROAD NAME CHANGES FROM CORTARO RD TO W. CORTARO FARMS RDTO W. MAGEE RD OVER THE 7.0 MILES. TURN LEFT ONTO N. NORTHERNAVE AND CONTINUE FOR 0.1 MILES UNTIL YOU REACH W. COOL DR.TURN RIGHT ONTO W. COOL DR, THEN CONTINUE FOR 0.2 MILES UNTILYOU REACH THE SITE ON RIGHT. AZ02-070 SAGUAROAZ02-07032.353046°110.975679°W. MAGEE RDVERIZON: TUC PEPPERSAUCESPRINT: PH90XC839