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AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION MAY 2, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:30 PM Pursuant to ARS §38-531.03.A(1), discussion and consideration of the annual employment evaluation for Town Attorney, Melinda Garrahan. Council may vote to go into executive session concerning Town Attorney, Melinda Garrahan's performance evaluation. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT 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 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. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 03-28-07; 04-09-07; 04-11-07; 04-18-07 B. Police Report - March 2007 C. Public Library Quarterly Report 2007 05/02/07 Agenda, Council Regular Session 2 2. PUBLIC HEARING - ORDINANCE NO. (0)07- 23 (0V7-06-03) AMENDING THE ORO VALLEY ZONING CODE REVISED SECTION 22.2 AND PORTIONS OF 22.3 TO COMPLY WITH THE GROWING SMARTER PLUS LEGISLATION REGARDING AMENDMENTS TO THE GENERAL PLAN AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH 3. OV12-86-09G REQUEST FOR APPROVAL OF A PRELIMINARY PLAT FOR PUSCH RIDGE AT LA RESERVE, LOTS 1 - 12, LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT Explanation: The La Reserve Planned Area Development designates this parcel as residential consisting of twelve single family lots on 28 acres. The average lot size is 18,475 square feet. 4. DISCUSSION AND/OR POSSIBLE ACTION REGARDING THE SOUTHWEST AREA ANNEXATION 5. 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: 04 20 07 4:00 p.m. cp 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. 05/02/07 Agenda, Council Regular Session 3 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. Please state your name and address for the record. 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. Draft MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION MARCH 28, 2007 ORO VALLEY TOWN COUNCIL CHAMBERS N 11000 NORTH LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 PM CALL TO ORDER: 5:35 P.M. ROLL CALL PRESENT: Paul Loomis, Mayor (arrived at 6:30 p.m.) Helen Dankwerth, Vice Mayor Paula Abbott, Council Member Kenneth Carter, Council Member Barry Gillaspie, Council Member EXCUSED: Al Kunisch, Council Member Terry Parish, Council Member 1. COMMUNITY RELATIONS PROGRAM/CONSTITUENT SERVICES (INCLUDING COMMUNICATIONS AND MEDIA RELATIONS) 410 Governmental and Community Relations Administrator Bob Kovitz presented a power point presentation outlining his proposed Community Relations Program. He explained that the Overall Goal of Community Relations Strategic Plan is "to provide the citizens of Oro Valley with accurate and timely information about current issues, activities and projects." He noted that the Program contains the following elements: A. Media B. Community education and involvement C. Professional Development Mr. Kovitz referred to the 50 separate action items contained in the Community Relations Program. He explained that the majority of the action items are new initiatives designed to meet the goals of the Strategic Plan. The following Action items were highlighted: #10 Our own video-taping of interviews and events for broadcast - via Grancius or cable television. #11 Press briefings ahead of stories. #17 Opinion columns in local newspapers. #20 Live video broadcasts of Town meetings. #28 Master Calendar of all events, meetings and activities (internally and externally) #29 Invitation Protocol for Ceremonies and Events #32 Begin design of new town newsletter #42 Invite local business people and community members to breakfast with the Mayor and Council Members 03/28/07 Minutes, Town Council Study Session 2 #45 Media Training Mr. Kovitz distributed examples of a full color Monthly Town Newsletter and reviewed the gby potential cost savings combining the Water Utility Newsletters, Parks and Recreation Programs and Library Programs into one monthly potential The total savings is anticipated at $40,200.00. He mentioned that the internal Employee Newsletter has been upgraded into a new format Mr. Kovitz reviewed a comparison of Oro Valley proposed 07/08 budget with four other municipality's Public Information Budgets (without personnel costs), as follows: • Oro Valley $ 70,300.00 • Flagstaff $ 105,000.00 • Prescott Valley $ 133,000.00 • Tempe $ 389,000.00 • Goodyear $ 526,000.00 Future of Communications include: • Reverse 911 or equivalent (used judiciously). • Podcasting of meetings. • Text message of important announcements. • Oro Valley PEG television channel (cable). • Blogs (web logs) by Mayor, Council, Manager. Mr. Kovitz summarized that the Community Relations Program will: ■ Elevate community relations and communications program to new level - from "Community of Good" to "Community of Excellence" ■ Comm it appropriate resources - financial and human, to get the job done. ■ De p sophisticated a so histicated communit ations infrastructure that can be put into action, regardless of the issue. Program will be launched July 1st, this Pro Town Manager David Andrews stated that g if approved by the Mayor and Council. PRESENTATION OF PROPOSED PERSONNEL POLICY AND PROCEDURE CODE CHANGES Human Resources Director Sandra Abbey presented the proposed changes to the Personnel Policyand Procedure Code. She explained that the changes include generalhousekeeping housekee in and formatting changes; terminology referring to dismissal or resignation nation versus termination); terminology referring to Introductory period for new employees (versus Probationary). Mrs. Abbey highlighted the following proposed changes: Policy 1 - Interpretation 03/281.07 Minutes, Town Council Study Session 3 o Adds statement of purpose. o Identifies other procedural guidance available in Administrative Directives or Department Procedures/Rules. o Only Town Manager can authorize any deviation from Policy. o Non-contractual statement. o Council power to amend, revise, add or delete policies. Policy 2 - Definitions o Adds benefit-eligible definition. o Updates terminology for introductory period, dismissal and resignations, and other such clarifications. o Clarifies definitions of exempt employees, part-time employees, temporary and seasonal employees. o Eliminates outdated or unnecessary definitions. Policy 9 - Introductory Evaluation Period o Updates language to distinguish between new employees and those on disciplinary probations. New employees will be considered to be in the "Introductory Period." o Consultation with HR and approval by Town Manager prior to dismissing an employee or extending the Introductory Period. o If supervisor doesn't complete an Introductory Evaluation, the employee does not remain on Introductory status indefinitely. Nap- Policy 10 - Attendance and Leaves o Supervisors are responsible for determining work schedules. o Management must approve time off requests. o Waiting period for introductory employees to use leave would be 90-days. o Employees not paid for more leave time than they have accrued. o Update of accrual table. o Update exempt employee accrual level. o Sick leave for family members. o Failure to return from leave is considered voluntary resignation. o Clarifies pay procedure for employees working holidays (not a change, only a clarification of current procedures). o Clarify FMLA leave provisions. o Clarify bereavement pay for friends/relatives not covered by policy. o Responsibilities of Town Manager and HR Director for transfer of leave time. Policy 11 - Discipline o Defines types and uses of disciplinary action. o Defines retention period of disciplinary documentation. o Adds substantial due process opportunities to employees. o Outlines roles of supervisor, department head, Town Manager or Assistant Town Manager. 03/28/07 Minutes, Town Council Study Session 4 Policy 14 - Overtime Reinforces policyof supervisor and employee working together to o p determine use of either overtime pay or comp time, if necessary, and approved by Department Head. o Clarifiesemployee that an em to ee who works overtime without obtaining proper approval, is subject to disciplinary action for failing to follow policy. Policy 17 - Termination o Adds definitions for Voluntary Resignation and Retirement. o Updates and clarifies definition for Involuntary Dismissal. p o Updates language from "lay off' to Reduction in Force, which more p accurately reflects the Town's procedures. Policy 18 - Grievance o Updates language defining purpose of policy. o Clarifies Informal versus Formal Grievance procedures. o Outlines steps in filing an initial grievance (step one). o Outlines two levels of appeal. o Specifies procedures for obtaining Administrative Review. p o Eliminate Grievance Review Board (Policy 20). o Eliminates GRB Hearings (Policy 21). Policy 22 - Reports and Records o Updates Performance Evaluation language to reflect new group. procedures based on feedback from employee focus g .p o Updates Medical Record privacy language. o Detailsprocedures rocedures for handling public record requests that involve employee records to carefully consider and balance public information rights with employee privacy rights. Policy 24 - Light Duty o Change title to reflect what policy relates to. o Eliminate specific shift trading information that only applies to the Police Department (this should be included in P.D. rules/procedures manual). o Update language and procedure for approving and reviewing p temporary light duty assignments. Policy 25 - Drug Free Workplace o Minor clarification and language updates. o Will be recommending a review and update of Administrative Directive to better outline the procedures involved with employee drug testing requirements. Policy 31 - Conflict of Interest o Clarifies activities that may be deemed a conflict of interest. 03/28/07 Minutes, Town Council Study Session 5 o Outlines a procedure for notifying management of outside employment, and obtaining proper authorization for such employment so long as it does not interfere with Town responsibilities. Discussion of the proposed changes followed and it was pointed out that the final updated Personnel Policy and Procedures Code will be brought to the Council for their consideration and possible adoption at a regular Council Meeting to: 1) Repeal by ordinance, existing Personnel Policy and Procedures Code 2) Adopt by resolution, the updated Personnel Policy and Procedures Manual. ADJOURNMENT Council Member Gillaspie MOVED to reschedule Items 3 and 4 to a future study session and to adjourn the study session at 8:25 p.m. MOTION seconded by Council Member Carter. MOTION carried 5 - 0. Prepared by: Kathryn E. Cuvelier, CMC Town Clerk Draft MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION APRIL 9, 2007 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 PM CALL TO ORDER: 5:35 P.M. ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Kenneth Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member NOT PRESENT: Terry Parish, Council Member EXCUSED: Paula Abbott, Council Member 1. REVIEW AND DISCUSSION OF NARANJA TOWN SITE COST ESTIMATES AND FUNDING. Mayor Loomis opened by acknowledging that a lot of work had been conducted for the Naranja Town Site project. He noted the primary objective for this meeting was to determine how to proceed. The Mayor introduced Parks and Recreation Director Ainsley Reeder. Ms. Reeder addressed questions from the Town Council meeting of March 7, 2007: • Breakdown of construction costs. • Additional options involved with completing the project in phases. • Revenue potential from phasing the project. Ms. Reeder introduced Ken Ballard of Ballard King and Associates to discuss the recreation amenities and their specific potential for revenue. Mr. Ballard presented standard charts of amenities in the following categories: • Amenities with potential for high, medium and low revenues. • Expense potential in relation to revenue potential for various facilities. • Outdoor recreation amenities versus revenue production. • Outdoor revenue and expense potential. Mr. Ballard further explained that from an operational standpoint, priorities needed to be chosen. It would be better to focus on specific amenities and do them well rather than having "a little bit of everything." 04/09/07 Minutes, Town Council Study Session 2 • Town's current pool at James D. Kriegh Park. Discussion followed regarding the The pool is a lap pool which is not considered a high revenue amenity versus a leisurep ool which has various recreational features. study. She explained the Web Ms. Reeder noted the excerpts fromManagement that it outlines the expenses of the Music Pavilion, indoor auditorium and the arts infrastructureclassrooms. The operating expenses are projected which includes with revenue projected at $538,000 - $578,000. to be $936,000.00 annually Options such as fund raising, endowments and subsidies from the Town are suggested in the report to manage the shortfall. Council Member Kunisch asked Ms. Reeder to research whether the cost of the reclaimed water to the site was included. questioned the basis for noting in the report Mayor Dankwerth that the Greater Oro Valley Arts Co (GOVAC)unci) was listed as the presenter for live and • questioned the attendance estimate of 2/3 of the seating film events. She further quest o s explained that Web Management work beingfilled for such events. Ms. Reederp extensively with these kinds of venues and interviewed GOVAC to produce these estimates. regarding Discussion and concerns were reviewedg g the Town as the operator of der ex lained that the Town would operate the the Naranja Town site. Ms. Ree p Community center. The Town would not operate the performance venues. Mayor Loomis clarified that various departments could run the Naranja Town site g or contract out. Regardless, it all begins with direction from the Town as the owner. Vice Mayor Dankwerth stated that the Town should not be in the "entertainment business" nor should it provide water facilities. Mayor Loomis continued to discuss the role of the Parks and Recreation department and called on Tucson Parks and Recreation Director, Fred Gray. with building Gray presented his experience and management of recreational facilities. He noted that staffingis the biggest expense, however there are options: • Staff could be contracted out. • The Town can own the buildings while operated by groups with the expertise in the designated areas. to the cost element of the follow up portion of her Ms. Reeder proceeded presentation. She noted Don McGann of McGann and Associates, provided the amenity.figures associated with each Mr. McGann is on the team for the programming and concept design. Ms. Reeder introduced the firm of Burns Wald-Hopkins who, in conjunction with Don McGann, compiled the individual costs of each amenity. David Wald- 04/09/07 Minutes, Town Council Study Session 3 Hopkins also prepared packaging options. Ten percent was added to the cost of each package in anticipation of phasing the project. Discussion ensued regarding a basic $42 million package that would take twelve months to build in addition to the design period. This package would include: • Earthwork and infrastructure • Playfields • Courts • Trails Council Members inquired about financing costs. Finance Director, Stacey Lemos calculated a grand total of $264 million over 25 years with a beginning balance of $151 million. The total for the basic package would be $90 million over 25 years. Mr. Wald-Hopkins pointed out that if the site were built all at once, it could be done in 2-2 %/2 years and would cost less than the $151 million originally stated. Whereas, to build in phases, would cost $164 million not including escalation costs. Vice Mayor Dankwerth voiced concerns over the lack of a clearer picture that could be presented to the voters. Mr. Wald-Hopkins suggested that the Council examine the figures as presented to determine the kind of package they could offer the voters. Once they have decided on a package, then he could return with refined plan and better costs. Ms. Reeder stated, in addition to Mr. Wald-Hopkins refined package, Ken Ballard could present the staffing, operating and maintenance costs and revenue projections associated with a package that Council would pursue. The two assessments would complement one another and bring a clearer concept to the public. Mayor Loomis opened the floor for public comment at 6:40 p.m. Thomas W. Smallwood Sr. of 319 W. Greys Rd. stated his concerns about the negative impact the Naranja Town Site would put upon the Town of Oro Valley. He would like to see an independent impact study performed. He believes the Site would bring smog, crime and traffic. Additionally, he felt a town with 40,000 people did not need recreational facilities of this scale. Further, he noted he had spoken with Oro Valley Police Chief Danny Sharp and stated that Chief Sharp had not been consulted on the possible impact the Site could have on crime. Dick Johnson of 10151 N. Inverrary voiced concerns regarding building the OP Naranja Town Site in phases. He believes the Site will create value in Oro Valley and the citizens should be given the opportunity to vote on the site in 2008. He wants the Town to present the issue with the costs of phasing as well as the 04/09/07 Minutes, Town Council Study Session 4 costs of building "all at once" alongwith the pros and cons. He stated to let the citizens of Oro Valley decide if they want it. 410) Mayor Loomis called for a short recess at 6:45 p.m. The meeting resumed at 6:55 p.m. Mayor Loomis introduced MaryDavis and Linda Cohen from Caliber Communications to discuss the importance of public outreach and education. Ms. Davis noted the key elements to a successful campaign once a plan has been determined: • Getinputdesigners,from desi ners, staff involved and key stakeholders. • Make certainparties all involved with the project are in agreement. • Educate constituents. • Research andp olling — make certain the constituents are aware. • Form a "pack" — a group to serve as an advocate and raise support in the community. Organization (TOV) - continues message development by • Sponsoring building on the successful aspects of the education campaign. (I.e. build a website, create a newsletter, and follow up in the community with the facts.) Mayor Loomis asked how much time would be necessary to educate the community. Ms. Davis explained that a time line would depend on the complexity of the campaign. Ms. Cohen added the effectiveness of the educational process would affect the amount of time necessary to run the campaign. of having an all inclusive determine the Discussion followed toimportance amenity plan versus on focusingspecific amenities. Ms. Davis stated that it p would be impossible to satisfy everyone.one. It would be better to focus on the plan y that benefits the majority of the community. Council Member Ku nisch asked what the cost would be for an outreach program. Ms. Cohen stated it would be premature to determine a cost prior to initial polling based on the plan that currently exists. The Mayor asked how much this issue would be impacted by other bond issues or elections on the ballot. Ms. Cohen answered that it should be considered carefully and polling would be the keyto understanding how the voters might be swayed. Tucson Parks and Recreation Director Fred Gray congratulated the Council on n. He noted acquiring the land and the master plan are two major their visio a g accomplishments. Mr. Grayleft the Council with additional recommendations to consider: 04/09/07 Minutes, Town Council Study Session 5 • • There would be parties interested in partnering with the Town to aid in fundraising. • Seek corporate sponsorships. • Build the project in whole, rather than in phases. Ms. Reeder addressed the problems that comparable towns she had visited had encountered: • Storage • Scaling down the size of facilities only to find they were not large enough to accommodate their patrons. • Phasing: o How things were built; when and where on the property became issues. Discussion ensued regarding revenues. Ms. Reeder explained that some towns did well while others fell short of projected revenues. Vice Mayor Dankwerth directed staff to research towns most like Oro Valley and report on their amenities and revenues. Town Manager David Andrews reminded the Council that a primary property tax election would be in order. He added that a portion of the bed tax could also be allocated to subsidize the operation and maintenance costs. Discussion followed regarding the demographics of the towns and facilities studied. Council Member Kunisch expressed concern over the mounting expenses facing the Town. He believes the Town cannot afford the Naranja Town Site. The National Recreational Standards used to chart the kind of facilities needed for various demographics and special interest groups were discussed. Ms. Reeder explained that the standards had been consulted during the study; and in every area of recreation, the Town of Oro Valley falls short in what it has to offer the community. Mayor Loomis asked the Council what was needed to convince them to move forward with this plan. • Council Member Carter stated the plan would have to be phased to sell it to the public. • Council Member Gillaspie expressed concerns over costs. • Council Member Kunisch was concerned about the liability involved with the BMX and skate parks. He would not support the pools as part of the package due to water conservation concerns. He would, however, support alternatives to the performance center. 04/09/07 Minutes, Town Council Study Session 6 • ice Mayor Dankwerth supported having ball fields and tennis courts, a v y lap pool, a stage and a band shell as Phase I. If needed, other amenities could be added later. directed the Council to ponder the element they each wanted most Mayor Loomis for the Naranja Town Site. g Future Agenda Items for discussion regarding the Naranja Town Site as set forth by Mayor Loomis: • Can we afford it? • Impact og n the citizens with regard to other forthcoming changes, such as the Utility Tax. • W hat are the standards for our population and demographics? • How does this expenseiimpact the financial sustainability of the Town? p • Brief discussion regarding the possible liabilities the Parks and Recreation g g department could face. • g Discuss at length the amenities. To determine phases and components. • Are we ready to move to step 2? Council Member Gillaspie illas ie expressed concern that the data collected regarding what the citizens want is outdated due to recent growth. Council Members Carter, Gillaspie, Kunisch and Vice Mayor Dankwerth concurred that they wouldsupportphasing hasin the Naranja Town Site project. Mayor Loomis stated he would be in favor of building it all at once. ADJOURNMENT MOTION: Councilp Member Gillaspie moved to adjourn at 8:15 p.m. Council Member Kunisch seconded the motion. Motion carried 5 - 0. Prepared by: Christina Pickering Office Specialist Draft MINUTES ORO VALLEY TOWN COUNCIL STUDY/SPECIAL SESSION APRIL 11, 2007 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 PM CALL TO ORDER: 5:31 PM ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Al Kunisch, Council Member Kenneth Carter, Council Paula Abbott, Council Member Barry Gillaspie, Council Member (arrived 5:38 p.m.) EXCUSED: Terry Parish, Council Member 1. DISCUSSION OF ECONOMIC INCENTIVE POLICY GUIDELINES Economic Development Administrator David Welsh reviewed the proposed revised Economic Development Incentive Policy Guidelines. Mr. Welsh pointed out that the Guidelines should be a guide allowing for flexibility and each project should be considered on a case by case basis: History/Context 1. Community Economic Development Strategy 2007 (CEDS) adopted in March of thisY ear. t o i n of Economic 2. One of the CEDS Action Steps is the update and adoption p p Incentive Policy Guidelines. 3. Current guidelines on the books were adopted in October 3, 2001, by Resolution (R)01-90. Goal 1. To provide the Town Council and staff a set of guidelines that assist in the attraction and retention of targeted businesses, resulting in the diversification of employment opportunities. Current Environment 1. Town is benefiting from a relative boom in commercial and retail development. Estimated to be in excess of 2 million square feet in the next 3 years. 2. The Town faces tight competition for professional employment centers such as Ventana Medical Systems, Sanofi Aventis, and NW Medical Center at Oro Valley. 04/11/07 Minutes,Town Council Study Session 2 3. The Town has limited land to use for employment attraction. 4. Incentives will likely play an important role in business attraction related to State land to the north. 5. Important that we have a set of guidelines to frame those future discussions. Employment Priority 1. Place an emphasis on new and existing businesses that generate significant employment opportunities. • Employment opportunities generate wealth in the community, which in turn generate other commercial activity resulting in financial sustainability for the Town. • The reverse is not true. ARS Section 9-500.11 states "In all instances wherein an incentive and/or inducement is considered the Town MUST employ an independent third party qualified to verify: 1. That the proposed tax incentive is anticipated to raise more revenue than the amount of the incentive within the duration of the agreement; and 2. that in the absence of a tax incentive, the retail business facility or similar retail business facility, not currently located within the Town limits nor under consideration to be annexed into the Town, would not locate in the Town in the same time, place or manner." General Provisions 1. Potential economic incentives should be determined to be necessary for the retention/expansion of an existing business or attraction of a new business. 2. Projects should emphasize and contribute to the goals and objectives of CEDS. 3. The project should have a substantial positive economic impact on the community. The highest priority should be give to businesses generating professional level employment. Creation of sales tax revenue can also be considered as a secondary priority. 4. All economic incentives should be limited to no more than a 10 year period. 5. Infrastructure improvements benefiting the community and the project should be emphasized over direct financial incentives whenever possible. Such improvement could include, but are not limited to, street construction, water line installation, traffic signals, storm drainage, parking structures, provision of parks and/or open space. 6. The dollar amount of the incentives offered should not exceed [x%] of the cost of the project. 7. The use of private dollars should be required for all up-front project related costs. 8. In certain instances, incentives may be offered in conjunction with annexation activities viewed as strategically important. 9. Specific performance criteria for each project should be established for professional job creation and/or sales tax generation. 10. New retail development projects should demonstrate the ability to meet the need(s) not currently being filled in the community, to provide a higher lever of service/goods/products than presently available, and/or provide similar services in an area not currently being served within the community. 04/11/07 Minutes, Town Council Study Session 3 11. Final authority for the use of an incentive and/or inducement rests with the Town Council. 12. Each project should be considered separately and independently from all other current or previous projects involving the granting of economic incentives. Non-revenue sharing incentives include: 1. Reduction of impact fees. 2. Reduction of building permit fees. 3. Reduction of water connection fees. 4. Extension of the Project Team approach that has been successfully used for larger development projects to any project identified by the Council. Incentives should: 1. Be as flexible as possible. 2. Be considered on a case by case basis. 3. Be limited to the required offsite infrastructure improvements. 4. Be tied to job creation. The Council brought up the following questions, concerns, comments and suggestions: ■ Reduce the time frame in Guideline #4 from 10 to 5 years. ■ 10 years should be the maximum ■ Support economic incentives for infrastructure improvements as they benefit the community — whatever Council feels is fair and reasonable to improve site and to offset the costs. ■ Amount of land left for retail development in our current boundaries is limited. Therefore, retail sales tax sharing may no longer be a proper incentive to offer. ■ Fast-tracking businesses may help businesses open their doors more quickly. ■ Offer an economic incentive to companies with higher paying jobs. ■ Questioned Guideline #9, how to establish performance criteria for professional job creation - should be determined on a case by case basis. Do not support sales tax rebate. ■ If incentives are given how should we pay for them? Should the money come out of the General Fund or from the monies generated by the development? ■ Not satisfied with proposed `Guidelines', comes down to accountability issue for our citizens, i.e., Vestar— questions whether Town has any business doing any economic development incentives especially for Retail. Believes for the next 30 years, Town is retailed out. ■ Found missing in `Guidelines' was any mention of callbacks for when developers do not fulfill the terms of their economic incentive agreement. Would like to see if other municipalities have a callback policy. ■ Fast-tracking is an incentive the Town can do. ■ Private dollars should be used up-front. Not fair to developers who do not ask for any incentives. ■ `Guideline' #6 should be removed. Businesses do their homework first and will not come to a town unless it's a viable option, so does not believe an incentive is enough to bring them in to a town— Town does not need Retail incentives. Believes it's important to set down criteria to establish performance standards for businesses that people in the Town would appreciate, i.e., must provide health insurance, must be sit down restaurant, etc. 04/11/07 Minutes, Town Council Study Session 4 • Before the decision is made whether or not to offer rebates, new development vs. existing development should be looked at. • Guideline #6 should not be struck, but a lower limit (15-25%) should be set for assistance with infrastructure costs; or, dependent upon how important for business to come into the Town, i.e., biotech, hospital satellite. ■ Believes words are too vague, i.e., substantial — be more specific so citizens understand Council's thought upfront. In regards to retail incentives, the key thought is whether the money goes back into the pocket of the developer vs. back into something that benefits the Town — affecting quality of life, our ability of government to deliver services for our citizens. • Town can negotiate what terms we want to reduce their costs; define measures that determine our value. Mayor Loomis asked staff to bring an item forward at a future council meeting to help the Council decide whether or not to approve an Incentive Policy. He stated that he has not gotten a sense of the direction the Council wants to go, nor does he hear strong feelings of value in an incentive policy. Mayor Loomis suggested moving forward with working towards partnering with businesses on a case by case basis. Mr. Welsh added that if the Town creates an environment that is inviting and provides amenities such as the Naranja Town Site, then businesses will come. Mayor Loomis asked that an item be placed on the May 16, 2007 Council Agenda addressing whether or not to extend an Economic Development Incentive Policy to: 1) Retail development. 2) High-Tech/Bio-Tech development. Mayor Loomis asked Mr. Welsh to provide a "refresher" on the incentive policy we currently have for Resorts at a later meeting after May 16th Mayor Loomis directed that the Town's General Plan be used for guidance when defining High-Tech/Bio-Tech and where the incentives should be —what type of businesses are desirable to attract to Oro Valley, to ensure long-term financial and economic sustainability for the Town . He also requested that copies of background research previously completed relating to the survey of what other municipalities economic development incentives policies are be made available to Council members before the next Town Council Regular Meeting. Mayor Loomis recessed the meeting at 6:55 p.m. Meeting resumed at 7:05 p.m. 2. TOWNWIDE SPACE NEEDS STUDY FINAL REPORT PRESENTATION Town Engineer Craig Civalier introduced consultants Ed Wimmer and Jamie Kurry from Deutsch Associates. The consultants gave a presentation to the Council on the final report of the "Townwide Space Needs Study, Phase 1." A copy of the report was distributed to Council members and management prior to this presentation. 04/11/07 Minutes, Town Council Study Session 5 Mr. Wimmer preferenced that this is only a report of the space needs study and will touch briefly on some alternatives available for implementation at the end. These alternatives are for later discussions with the Council. The basis of Deutsch's study is the adopted General Plan of the Town of Oro Valley. Mr. Wimmer review a PowerPoint presentation outlining the "Town of Oro Valley Town Wide Space Needs Study" — Mayor and Council Review of Phase 1, April 2007' ❖ Project Purpose ➢ Context and Scope ■ Serving a growing and changing population ■ Establishing new ways of working in a larger, linear town (co-locating departments, satellite facilities) ■ Setting space standards for future planning ■ Using existing facilities to their maximum potential ■ Sizing new facilities to accommodate Town build-out •'• Approach to the Study ➢ Phase 1 ■ Data Collection: May-June 2006. *Data collected was estimated out to 20 years of growth ■ Analyze/Interpret Data: July-October 2006 ■ Town and Citizen Reviews: Nov. 2006-March 2007 ■ Issue Phase 1 Document for Council: April 2007 ➢ Data Collection ■ Staff surveys ■ Staff brainstorming sessions by department ■ Mayor and Council interviews ■ As-founds and documentation of current facilities ➢ Existing Conditions ■ Photos of existing office and storage spaces ➢ Analyze and Interpret Data ■ Develop comprehensive understanding of departmental needs related to adjacencies, storage, workspaces, traffic flows, etc. ■ Calculate future space needs using space standards ■ Evaluate Town sites for their most appropriate use ■ Establish relative priorities and scheduling for projects ••• Findings ➢ Town-wide Space Needs ■ Office, conference, operations, storage o Existing 2006 53,436 sf 2007 88,688 sf 66% deficiency 2011 126,311 sf 2016 134,264 sf 2021 163,616 sf 2026 167,430 sf 213% growth ■ Interim (2007) Space Needs by Department Current 2007 Needed 04/11/07 Minutes, Town Council Study Session 6 o Community Development 6,665 sf 8,080 sf o Magistrate Court 4,212 sf 5,211 sf o Finance 1,834 sf 1,851 sf o Human Resources 786 sf 1,218 sf o Information Technology 1,263 sf 1,653 sf o Legal 2,245 sf 2,968 sf o Parks & Recreation 2,994 sf 4,053 sf o Police Department 18, 765 sf 35,472 sf o Public Works 6,651 sf 27,669 sf o Town Clerk 1,806 sf 2,002 sf o Town Council and Mayor 914 sf 961 sf o Town Manager 1,196 sf 1,253 sf o Transit (div of Public Works) 381 sf 932 sf o Water Utility 3,816 sf 5,268 sf ➢ Immediate Consideration Analysis ■ State and federal statute concerns ■ Use of funds ■ Safety concerns ■ Storage ■ Equity and employee morale ■ Departments spread over several spaces ■ Neighborhood concerns ➢ Immediate Recommendations ■ Implement Town-wide space standards ■ Establish an off-site storage facility o Use valuable office space for offices, fit more staff members in existing space o Only relocate that storage which staff is comfortable having off-site (i.e. no Town records/archives) o Internally divide areas by department for security and oversight o Ideally, provide small copy/work space ■ Provide space for 'dire need' departments Scenario A: Construct 13,000 sf operations building at Rancho Vistoso site o Relocate PW Operations staff and Water Utility Operations staff to Rancho Vistoso site o Parks & Recreation Dept uses Maintenance Building at Calle Concordia for staff/storage o PW Engineering staff moves into vacated space in Calle Concordia Pink Building o Mobile Office at Calle Concordia is removed Scenario B: Construct 30,000 sf Police HQ with 30,000 sf basement at Rancho Vistoso site o Relocate all Water Utility staff and major portions of Police Department staff to Rancho Vistoso site o Building Inspectors and PW Engineering staff relocate to vacated Water Building at Town Hall o Additional records storage moves into vacated Inspector space in Admin building Basement 04/11/07 Minutes, Town Council Study Session 7 o PW Operations staff relocate to vacated space in Calle Concordia Pink Building o Mobile Office at Calle Concordia is removed Scenario C: Lease 6,000 sf for Water Utility o Relocate all Water Utility staff to lease space o Building Inspectors and PW Engineering staff relocate to vacated Water Building at Town Hall o Additional records storage moves into vacated Inspector space in Admin Building Basement o PW Operations staff relocate to vacated space in Calle Concordia Pink Building o Mobile Office at Calle Concordia is removed 2026 Space Needs by Department Current 2026 Needed o Community Development 6,665 sf 12,601 sf o Magistrate Court 4,212 sf 9,416 sf o Finance 1,834 sf 2,376 sf o Human Resources 786 sf 2,298 sf o Information Technology 1,263 sf 3,433 sf o Legal 2,245 sf 6,031 sf o Parks & Recreation 2,994 sf 11,982 sf o Police Department 18, 765 sf 88,894 sf o Public Works 6,651 sf 40,492 sf o Town Clerk 1,806 sf 2,901 sf o Town Council and Mayor 914 sf 1,847 sf o Town Manager 1,196 sf 2,596 sf o Transit (div of Public Works) 381 sf 2,363 sf o Water Utility 3,816 sf 16,740 sf > Future Considerations Analysis ■ Locations of major citizen service areas ■ Consolidation of functions ■ Annexations ■ Green Building and the LEED Program ❖ Locations ➢ Town-owned land suitable for construction and renovation ■ Town Hall ■ Calle Concordia ■ Rancho Vistoso ❖ Recommendations ➢ Rancho Vistoso Site ■ 2007: Potentially relocate some staff ■ 2010: Phase I: Construct Operations/Maintenance Building and Police Headquarters (Police, PW, Water) ■ 2014: Phase II: Construct Administration Building and Storage Building (Police, PW, Water, Com Dev) ➢ Town Hall Site ■ 2007: Shift staff out of basement ■ 2010: Police Headquarters becomes substation when new HQ is completed 04/11/07 Minutes,Town Council Study Session 8 • 2014-2017: Interior renovations of four existing buildings in phases • Calle Concordia Site • 2007: Relocate some staff, remove mobile office building • 2010: Relocate PW Operations staff to Rancho Vistoso Phase I • 2013: Demolish existing, construct Police Substation and Transit (Coyote Run) Admin Building, including operation of passenger vans > Town of Oro Valley Space Needs Solution by Fiscal Year Matrix > Cost Estimate • Base Rates Current at January 2007 • Basis of Estimate • Costs Specifically Included • Costs specifically Excluded During review of the TOV Space Needs Solution by Fiscal Year Matrix , Consultant Kurry thoroughly clarified that each recommended design construction phase begins and is completed before the next one is recommended. The phases once completed will be filled with staff before starting a new phase. Consultant Wimmer explained that this plan is a roadmap to get the Town to where it needs to go over the next 20 years. This is subject to periodic review by Council and by the Town staff so they can be responsive if costs are changing due to unforeseen events in the future. During discussion various questions, concerns, comments and suggestions were brought forward: ■ Questioned if any givengoing up/vertical had been to oin u /vertical on existing sites during renovations to help double space? Mr. Wimmer stated that they have not fully analyzed existing buildings in great detail, but to their belief and understanding the building are not capable of second floor additions. ■ Believes that space needs take into account Town build out; so if no annexation, then the Town probably does not really need that much space. ■ Commented that if we annex to the north, it could be conceivable that we would need the duplication of many of these facilities. Mr. Wimmer replied that the Town's General Plan anticipates annexation to the north, so this has been taken into account. Mayor Loomis reminded the Council members of the three objectives: 1) What are our needs today that we are not meeting — 2007 space needs are where we are today with current number of employees 2) What do we need to do to meet those needs today 3) What are going to be our needs 20 years from now — for this, we only have our General Plan to use as a forecaster tool today. • Questioned that in case the town does annex to the north (hypothetically in the undeveloped area north to the north of Sun City within that 20 year period and builds a totally new complex), does it make sense for us now at Rancho Vistoso to put in permanent as opposed to temporary facilities? 04/11/07 Minutes, Town Council Study Session 9 Mayor Loomis directed Deutsch Associates to develop a single matrix showing the space needs by department: 1) Current (existing 2006) 2) 2007 needed (deficiency) 3) 2026 needed (growth) This will show the growth pattern for departments at a glance. It will show where there is very rapid growth and where there is heavy deficiency. In addition, Mayor Loomis asked staff to identify the necessary offsite storage requirements for departments. Mayor Loomis commented that the Town needs to begin to take a serious look at its hard copy paper storage and determine what can be stored electronically understanding that hard copy paper storage is statute driven. Town Manager David Andrews commented that he believed this Report was a good document, but that it has a lot of speculation — best case scenario if everything is idealized and conceptualized. Believes we can make Vistoso site work and that it can take care of our immediate needs and those for the next 10 years. Let's see where we are in ten years. Members of the Council commented: ■ Cautioned that we do not want to move too fast without a good vision when looking at the big picture for our space needs — in past we have outgrown our needs too quickly (i.e., library should have been built elsewhere, leaving space for the Town) ■ Desires that during design and before building, a real facilities study for use of space should be completed; if need three buildings, build four. ■ Questioned if any consideration for basements was given to other buildings besides Police Headquarters. ■ Questioned the assumption of space at the Naranja Town Site in the study; asked if there is a contingency plan if the Naranja Town Site doe not happen? Consultant Kurry replied that there would be space for Parks & Recreation at Rancho Vistoso — under the options stated for Rancho Vistoso Phase 0.5. ■ Cautioned that we need to think about the impact to citizens before making any decisions. Mayor Loomis addressed the question raised by Council Member Abbott regarding employees working from home (telecommuting) to free up more office space. Mayor Loomis stated that telecommuting works in some cases depending on an employee's job. The majority of the Town's employees' jobs are public service related and it is necessary for them to be accessible to the public. Mayor Loomis further stated that due to the limited number of opportunities, he does not feel that telecommuting would have much impact on our space needs and would not free up much space. Mr. Andrews agreed that because we are very service oriented there are limited opportunities for telecommuting. He would need to analyze this more with department directors. Again, this could probably be done on a position by position basis. 04/11/07 Minutes,Town Council Study Session 10 Town Attorney Melinda Garrahan explained her experience with telecommuting and presented the following: 1) Telecommuting is very limited in a collaborative office setting — if working at home there is a need to have someone available at all times at the office to serve as support for the coordination of paperwork, i.e., waiting for mail to arrive at office, scanning, faxing, coordinating teleconferences. 2) One can not always work at home; one still needs to come into the office to do work and would need a place/cubbyhole with a desk in which to work. 3) There appears to be more scrutiny/questions towards a public worker who works from home. Council member Gillaspie questioned the consultants on what they would caution the Town when looking at this report and making decisions. Their response included: 1) Be careful when considering to lease space — concern is in the use of funds as this is money that could be applied to long term permanent facilities. 2) Use of temporary structures have a way of becoming permanent. Mayor Loomis thanked the consultants for their report and time ADJOURNMENT MOTION: Council Member Kunisch MOVED to adjourn the study session at 8:20 p.m. MOTION seconded by Council Member Dankwerth. MOTION carried 6-0. Prepared by: Q-11A.a. Carol Miller, Senior Office Assistant 04/11/07 Minutes,Town Council Study Session 11 SPECIAL SESSION CALL TO ORDER: 8:21 p.m. PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Al Kunisch, Council Member Kenneth Carter, Council Paula Abbott, Council Member Barry Gillaspie, Council Member EXCUSED: Terry Parish, Council Member EXECUTIVE SESSION A MOTION was made by Vice Mayor Dankwerth to go into Executive Session at 8:21 p.m. and SECONDED by Council Member Kunisch pursuant to ARS 38-431.03.A(3), consultation for and discussion of legal advice, Council may vote to go into Executive Session regarding the Town-owned property known as the Municipal Operations Center (located south off of Rancho Vistoso Boulevard and east of Innovation Park Drive) and the Rancho Vistoso Planned Area Development and Rancho Vistoso area Covenents, Conditions and Restrictions. MOTION carried 6 - 0. A MOTION was made to go out of Executive Session at 9:11 p.m. by Vice Mayor Dankwerth and SECONDED by Council Member Kunisch. MOTION carried 6 - 0. ADJOURN SPECIAL SESSION A MOTION was made by Vice Mayor Dankwerth and SECONDED by Council Member Carter to adjourn the special meeting at 9:11 p.m. MOTION carried 6 - 0. Prepared by: i Kathryn E. Cuvelier, Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Session of the Town Council of the Town of Oro Valley, Arizona held on the 11th day of April 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of April 2007. Kathryn E. Cuvelier, CMC Town Clerk Draft MINUTES ORO VALLEY TOWN COUNCIL STUDY/SPECIAL SESSION APRIL 11, 2007 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 PM CALL TO ORDER: 5:31 PM ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Al Kunisch, Council Member Kenneth Carter, Council Paula Abbott, Council Member Barry Gillaspie, Council Member (arrived 5:38 p.m.) EXCUSED: Terry Parish, Council Member 1. DISCUSSION OF ECONOMIC INCENTIVE POLICY GUIDELINES 140. Economic Development Administrator David Welsh reviewed the proposed revised Economic Development Incentive Policy Guidelines. Mr. Welsh pointed out that the Guidelines should be a guide allowing for flexibility and each project should be considered on a case by case basis: History/Context 1. Community Economic Development Strategy 2007 (CEDS) adopted in March of this year. 2. One of the CEDS Action Steps is the update and adoption of Economic Incentive Policy Guidelines. 3. Current guidelines on the books were adopted in October 3, 2001, by Resolution (R)O1-90. Goal 1. To provide the Town Council and staff a set of guidelines that assist in the attraction and retention of targeted businesses, resulting in the diversification of employment opportunities. Current Environment 1. Town is benefiting from a relative boom in commercial and retail development. Estimated to be in excess of 2 million square feet in the next 3 years. 2. The Town faces tight competition for professional employment centers such low as Ventana Medical Systems, Sanofi Aventis, and NW Medical Center at Oro Valley. 04/11/07 Minutes, Town Council Study Session 2 3. The Town has limited land to use for employment attraction. 4. Incentives will likely play an important role in business attraction related to State land to the north. 5. Important that we have a set of guidelines to frame those future discussions. Employment Priority 1. Place an emphasis on new and existing businesses that generate significant employment opportunities. ■ Employment opportunities generate wealth in the community, which in turn generate other commercial activity resulting in financial sustainability for the Town. • The reverse is not true. ARS Section 9-500.11 states "In all instances wherein an incentive and/or inducement is considered the Town MUST employ an independent third party qualified to verify: 1. That the proposed tax incentive is anticipated to raise more revenue than the amount of the incentive within the duration of the agreement; and 2. that in the absence of a tax incentive, the retail business facility or similar retail business facility, not currently located within the Town limits nor under consideration to be annexed into the Town, would not locate in the Town in the same time, place or manner." General Provisions 1. Potential economic incentives should be determined to be necessary for the retention/expansion of an existing business or attraction of a new business. 2. Projects should emphasize and contribute to the goals and objectives of CEDS. 3. The project should have a substantial positive economic impact on the community. The highest priority should be give to businesses generating professional level employment. Creation of sales tax revenue can also be considered as a secondary priority. 4. All economic incentives should be limited to no more than a 10 year period. 5. Infrastructure improvements benefiting the community and the project should be emphasized over direct financial incentives whenever possible. Such improvement could include, but are not limited to, street construction, water line installation, traffic signals, storm drainage, parking structures, provision of parks and/or open space. 6. The dollar amount of the incentives offered should not exceed [x%] of the cost of the project. 7. The use of private dollars should be required for all up-front project related costs. 8. In certain instances, incentives may be offered in conjunction with annexation activities viewed as strategically important. 9. Specific performance criteria for each project should be established for professional job creation and/or sales tax generation. 10. New retail development projects should demonstrate the ability to meet the need(s) not currently being filled in the community, to provide a higher lever of service/goods/products than presently available, and/or provide similar services in an area not currently being served within the community. 04/11/07 Minutes,Town Council Study Session 3 40 11. Final authority for the use of an incentive and/or inducement rests with the Town Council. 12. Each project should be considered separately and independently from all other current or previous projects involving the granting of economic incentives. Non-revenue sharing incentives include: 1. Reduction of impact fees. 2. Reduction of building permit fees. 3. Reduction of water connection fees. 4. Extension of the Project Team approach that has been successfully used for larger development projects to any project identified by the Council. Incentives should: 1. Be as flexible as possible. 2. Be considered on a case by case basis. 3. Be limited to the required offsite infrastructure improvements. 4. Be tied to job creation. The Council brought up the following questions, concerns, comments and suggestions: ■ Reduce the time frame in Guideline #4 from 10 to 5 years. ■ 10 years should be the maximum ■ Support economic incentives for infrastructure improvements as they benefit the community — whatever Council feels is fair and reasonable to improve site and to offset the costs. ■ Amount of land left for retail development in our current boundaries is limited. Nip Therefore, retail sales tax sharing may no longer be a proper incentive to offer. ■ Fast-tracking businesses may help businesses open their doors more quickly. ■ Offer an economic incentive to companies with higher paying jobs. ■ Questioned Guideline #9, how to establish performance criteria for professional job creation - should be determined on a case by case basis. Do not support sales tax rebate. ■ If incentives are given how should we pay for them? Should the money come out of the General Fund or from the monies generated by the development? ■ Not satisfied with proposed `Guidelines', comes down to accountability issue for our citizens, i.e., Vestar — questions whether Town has any business doing any economic development incentives especially for Retail. Believes for the next 30 years, Town is retailed out. ■ Found missing in `Guidelines' was any mention of callbacks for when developers do not fulfill the terms of their economic incentive agreement. Would like to see if other municipalities have a callback policy. ■ Fast-tracking is an incentive the Town can do. ■ Private dollars should be used up-front. Not fair to developers who do not ask for any incentives. ■ `Guideline' #6 should be removed. Businesses do their homework first and will not come to a town unless it's a viable option, so does not believe an incentive is enough to bring them in to a town— Town does not need Retail incentives. ‘Ir Believes it's important to set down criteria to establish performance standards for businesses that people in the Town would appreciate, i.e., must provide health insurance, must be sit down restaurant, etc. 04/11/07 Minutes, Town Council Study Session 4 • Before the decision is made whether or not to offer rebates, new development vs. existing development should be looked at. • Guideline #6 should not be struck, but a lower limit (15-25%) should be set for assistance with infrastructure costs; or, dependent upon how important for business to come into the Town, i.e., biotech, hospital satellite. • Believes words are too vague, i.e., substantial — be more specific so citizens understand Council's thought upfront. In regards to retail incentives, the key thought is whether the money goes back into the pocket of the developer vs. back into something that benefits the Town — affecting quality of life, our ability of government to deliver services for our citizens. • Town can negotiate what terms we want to reduce their costs; define measures that determine our value. Mayor Loomis asked staff to bring an item forward at a future council meeting to help the Council decide whether or not to approve an Incentive Policy. He stated that he has notg otten a sense of the direction the Council wants to go, nor does he hear strong feelings of value in an incentive policy. Mayor Loomis suggested moving forward with working towards partnering with businesses on a case by case basis. Mr. Welsh added that if the Town creates an environment that is inviting and provides amenities such as the Naranja Town Site, then businesses will come. Mayor Loomis asked that an item be placed on the May 16, 2007 Council Agenda addressing whether or not to extend an Economic Development Incentive Policy to: 1) Retail development. 2) High-Tech/Bio-Tech development. Mayor Loomis asked Mr. Welsh to provide a "refresher" on the incentive policy we y currently have for Resorts at a later meeting after May 16th. Mayor Loomis directed that the Town's General Plan be used for guidance when defining High-Tech/Bio-Tech h-Tech/Bio-Tech and where the incentives should be — what type of businesses are desirable to attract to Oro Valley, to ensure long-term financial and economic sustainability for the Town . He also requested that copies of background research previously completed relating to the survey of what other municipalities economic development incentives policies are be made available to Council members before the next Town Council Regular Meeting. Mayor Loomis recessed the meeting at 6:55 p.m. Meeting resumed at 7:05 p.m. 2. TOWNWIDE SPACE NEEDS STUDY FINAL REPORT PRESENTATION Town Engineer CraigCivalier introduced consultants Ed Wimmer and Jamie Kurry from Deutsch Associates. The consultants gave a presentation to the Council on the final report of the "Townwide Space Needs Study, Phase 1." A copy of the report was distributed to Council members and management prior to this presentation. 04/11/07 Minutes, Town Council Study Session 5 Mr. Wimmer preferenced that this is only a report of the space needs study and will touch briefly on some alternatives available for implementation at the end. These alternatives are for later discussions with the Council. The basis of Deutsch's study is the adopted General Plan of the Town of Oro Valley. Mr. Wimmer review a PowerPoint presentation outlining the "Town of Oro Valley Town Wide Space Needs Study" — Mayor and Council Review of Phase 1, April 2007' + Project Purpose ➢ Context and Scope • Serving a growing and changing population • Establishing new ways of working in a larger, linear town (co-locating departments, satellite facilities) • Setting space standards for future planning • Using existing facilities to their maximum potential • Sizing new facilities to accommodate Town build-out •'• Approach to the Study ➢ Phase 1 • Data Collection: May-June 2006. *Data collected was estimated out to 20 years of growth • Analyze/Interpret Data: July-October 2006 • Town and Citizen Reviews: Nov. 2006-March 2007 • Issue Phase 1 Document for Council: April 2007 ➢ Data Collection • Staff surveys • Staff brainstorming sessions by department • Mayor and Council interviews • As-founds and documentation of current facilities ➢ Existing Conditions • Photos of existing office and storage spaces ➢ Analyze and Interpret Data ■ Develop comprehensive understanding of departmental needs related to adjacencies, storage, workspaces, traffic flows, etc. • Calculate future space needs using space standards ■ Evaluate Town sites for their most appropriate use • Establish relative priorities and scheduling for projects ❖ Findings ➢ Town-wide Space Needs • Office, conference, operations, storage o Existing 2006 53,436 sf 2007 88,688 sf 66% deficiency 2011 126,311 sf 2016 134,264 sf 2021 163,616 sf 2026 167,430 sf 213% growth Nair • Interim (2007) SpaceNeeds byDepartment (2007) p Current 2007 Needed 04/11/07 Minutes, Town Council Study Session 6 o Community Development 6,665 sf 8,080 sf o Magistrate Court 4,212 sf 5,211 sf o Finance 1,834 sf 1,851 sf o Human Resources 786 sf 1,218 sf o Information Technology 1,263 sf 1,653 sf o Legal 2,245 sf 2,968 sf o Parks & Recreation 2,994 sf 4,053 sf o Police Department 18, 765 sf 35,472 sf o Public Works 6,651 sf 27,669 sf o Town Clerk 1,806 sf 2,002 sf o Town Council and Mayor 914 sf 961 sf o Town Manager 1,196 sf 1,253 sf o Transit (div of Public Works) 381 sf 932 sf o Water Utility 3,816 sf 5,268 sf ➢ Immediate Consideration Analysis • State and federal statute concerns • Use of funds • Safety concerns • Storage • Equity and employee morale • Departments spread over several spaces • Neighborhood concerns ➢ Immediate Recommendations • Implement Town-wide space standards • Establish an off-site storage facility o Use valuable office space for offices, fit more staff members in existing space o Only relocate that storage which staff is comfortable having off-site (i.e. no Town records/archives) o Internally divide areas by department for security and oversight o Ideally, provide small copy/work space • Provide space for 'dire need' departments Scenario A: Construct 13,000 sf operations building at Rancho Vistoso site o Relocate PW Operations staff and Water Utility Operations staff to Rancho Vistoso site o Parks & Recreation Dept uses Maintenance Building at Calle Concordia for staff/storage o PW Engineering staff moves into vacated space in Calle Concordia Pink g g Building o Mobile Office at Calle Concordia is removed Scenario B: Construct 30,000 sf Police HQ with 30,000 sf basement at Rancho Vistoso site o Relocate all Water Utility staff and major portions of Police Department staff to Rancho Vistoso site o Building Inspectors ectors and PW Engineering staff relocate to vacated Water Building at Town Hall o Additional records storage moves into vacated Inspector space in Admin building Basement 04/11/07 Minutes,Town Council Study Session 7 o PW Operations staff relocate to vacated space in Calle Concordia Pink Building o Mobile Office at Calle Concordia is removed Scenario C: Lease 6,000 sf for Water Utility o Relocate all Water Utility staff to lease space o Building Inspectors and PW Engineering staff relocate to vacated Water Building at Town Hall o Additional records storage moves into vacated Inspector space in Admin Building Basement o PW Operations staff relocate to vacated space in Calle Concordia Pink Building o Mobile Office at Calle Concordia is removed ➢ 2026 Space Needs by Department Current 2026 Needed o Community Development 6,665 sf 12,601 sf o Magistrate Court 4,212 sf 9,416 sf o Finance 1,834 sf 2,376 sf o Human Resources 786 sf 2,298 sf o Information Technology 1,263 sf 3,433 sf o Legal 2,245 sf 6,031 sf o Parks & Recreation 2,994 sf 11,982 sf o Police Department 18, 765 sf 88,894 sf o Public Works 6,651 sf 40,492 sf • o Town Clerk 1,806 sf 2,901 sf O Town Council and Mayor 914 sf 1,847 sf O Town Manager 1,196 sf 2,596 sf O Transit (div of Public Works) 381 sf 2,363 sf O Water Utility 3,816 sf 16,740 sf ➢ Future Considerations Analysis ■ Locations of major citizen service areas ■ Consolidation of functions ■ Annexations ■ Green Building and the LEED Program ❖ Locations ➢ Town-owned land suitable for construction and renovation ■ Town Hall ■ Calle Concordia ■ Rancho Vistoso ❖ Recommendations ➢ Rancho Vistoso Site ■ 2007: Potentially relocate some staff ■ 2010: Phase I: Construct Operations/Maintenance Building and Police Headquarters (Police, PW, Water) ■ 2014: Phase II: Construct Administration Building and Storage Building (Police, PW, Water, Com Dev) ➢ Town Hall Site ■ 2007: Shift staff out of basement ■ 2010: Police Headquarters becomes substation when new HQ is completed 04/11/07 Minutes, Town Council Study Session 8 • 2014-2017: Interior renovations of four existing buildings in phases ➢ Calle Concordia Site • 2007: Relocate some staff, remove mobile office building • 2010: Relocate PW Operations staff to Rancho Vistoso Phase I • 2013: Demolish existing, construct Police Substation and Transit (Coyote Run) Admin Building, including operation of passenger vans ➢ Town of Oro Valley Space Needs Solution by Fiscal Year Matrix ➢ Cost Estimate • Base Rates Current at January 2007 • Basis of Estimate • Costs Specifically Included • Costs specifically Excluded During review of the `TOV Space Needs Solution by Fiscal Year Matrix , Consultant Kurry thoroughly thorou hl clarified that each recommended design construction phase begins and is completed before the next one is recommended. The phases once completed will be filled with staff before starting a new phase. Consultant Wimmer explained that this plan is a roadmap to get the Town to where it over the next 20 years. This is subject to periodic review by Council and by needs to go the Town staff so they can be responsive if costs are changing due to unforeseen events in the future. During discussion various questions, concerns, comments and suggestions were brought forward: ■ estioned if consideration had been given to going up/vertical on existing Qu any sites during renovations to help double space? Mr. Wimmer stated that they have not fully analyzed zed existing buildings in great detail, but to their belief and understanding the building are not capable of second floor additions. ■ lieves that space needs take into account Town build out; so if no annexation, Be p then the Town probably does not really need that much space. ■ Com mented that if we annex to the north, it could be conceivable that we would need the duplication of many of these facilities. Mr. Wimmer replied that the Town's General Plan anticipates annexation to the north, so this has been taken into account. Mayor Loomis reminded the Council members of the three objectives: 1) What are our needs today that we are not meeting — 2007 space needs are where we are today with current number of employees 2) What do we need to do to meet those needs today 3) What areoin to be our needs 20 years from now — for this, we only g g have our General Plan to use as a forecaster tool today. ■ Q uestioned that in case the town does annex to the north (hypothetically in the undeveloped area north to the north of Sun City within that 20 year period and builds a totally new complex), does it make sense for us now at Rancho Vistoso top ut in permanent as opposed to temporary facilities? 04/11/07 Minutes, Town Council Study Session 9 Mayor Loomis directed Deutsch Associates to develop a single matrix showing the space needs by department: 1) Current (existing 2006) 2) 2007 needed (deficiency) 3) 2026 needed (growth) This will show the growth pattern for departments at a glance. It will show where there is very rapid growth and where there is heavy deficiency. In addition, Mayor Loomis asked staff to identify the necessary offsite storage requirements for departments. Mayor Loomis commented that the Town needs to begin to take a serious look at its hard copy paper storage and determine what can be stored electronically understanding that hard copy paper storage is statute driven. Town Manager David Andrews commented that he believed this Report was a good document, but that it has a lot of speculation — best case scenario if everything is idealized and conceptualized. Believes we can make Vistoso site work and that it can take care of our immediate needs and those for the next 10 years. Let's see where we are in ten years. Members of the Council commented: • Cautioned that we do not want to move too fast without a good vision when looking at the big picture for our space needs — in past we have outgrown our needs too quickly (i.e., library should have been built elsewhere, leaving NOP space for the Town) • Desires that during design and before building, a real facilities study for use of space should be completed; if need three buildings, build four. • Questioned if any consideration for basements was given to other buildings besides Police Headquarters. • Questioned the assumption of space at the Naranja Town Site in the study; asked if there is a contingency plan if the Naranja Town Site doe not happen? Consultant Kurry replied that there would be space for Parks & Recreation at Rancho Vistoso — under the options stated for Rancho Vistoso Phase 0.5. • Cautioned that we need to think about the impact to citizens before making any decisions. Mayor Loomis addressed the question raised by Council Member Abbott regarding employees working from home (telecommuting) to free up more office space. Mayor Loomis stated that telecommuting works in some cases depending on an employee's job. The majority of the Town's employees' jobs are public service related and it is necessary for them to be accessible to the public. Mayor Loomis further stated that due to the limited number of opportunities, he does not feel that telecommuting would have much impact on our space needs and would not free up much space. Mr. Andrews agreed that because we are very service oriented there are limited opportunities for telecommuting. He would need to analyze this more with department directors. Again, this could probably be done on a position by position basis. 04/11/07 Minutes, Town Council Study Session 10 Town Attorney Melinda Garrahan explained her experience with telecommuting and presented the following: 1) Telecommuting is very limited in a collaborative office setting — if working at home there is a need to have someone available at all times at the office to serve as support for the coordination of paperwork, i.e., waiting for mail to arrive at office, scanning, faxing, coordinating teleconferences. 2) One can not always work at home; one still needs to come into the office to do work and would need a place/cubbyhole with a desk in which to work. 3) There appears to be more scrutiny/questions towards a public worker who works from home. Council member Gillaspie questioned the consultants on what they would caution the Town when looking at this report and making decisions. Their response included: 1) Be careful when considering to lease space — concern is in the use of funds as this is money that could be applied to long term permanent facilities. 2) Use of temporary structures have a way of becoming permanent. Mayor Loomis thanked the consultants for their report and time ADJOURNMENT MOTION: Council Member Kunisch MOVED to adjourn the study session at 8:20 p.m. MOTION seconded by Council Member Dankwerth. MOTION carried 6-0. Prepared by: Carol Miller, Senior Office Assistant 04/11/07 Minutes, Town Council Study Session 11 SPECIAL SESSION CALL TO ORDER: 8:21 p.m. PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Al Kunisch, Council Member Kenneth Carter, Council Paula Abbott, Council Member Barry Gillaspie, Council Member EXCUSED: Terry Parish, Council Member EXECUTIVE SESSION A MOTION was made by Vice Mayor Dankwerth to go into Executive Session at 8:21 p.m. and SECONDED by Council Member Kunisch pursuant to ARS 38-431.03.A(3), consultation for and discussion of legal advice, Council may vote to go into Executive Session regarding the Town-owned property known as the Municipal Operations Center (located south off of Rancho Vistoso Boulevard and east of Innovation Park Drive) and the Rancho Vistoso Planned Area Development and Rancho Vistoso area Covenents, Conditions and Restrictions. MOTION carried 6 - 0. A MOTION was made to go out of Executive Session at 9:11 p.m. by Vice Mayor Dankwerth and SECONDED by Council Member Kunisch. MOTION carried 6 - 0. ADJOURN SPECIAL SESSION Nip A MOTION was made by Vice Mayor Dankwerth and SECONDED by Council Member Carter to adjourn the special meeting at 9:11 p.m. MOTION carried 6 - 0. Prepared by: a Kathryn E. Cuvelier, Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Session of the Town Council of the Town of Oro Valley, Arizona held on the 11th day of April 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of April 2007. Kathryn E. Cuvelier, CMC Town Clerk DRAFT MINUTES ORO VALLEY TOWN COUNCIL REGULAR MEETING April 18, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER - 5:30 PM ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor K.C. Carter, Council Member Al Kunisch, Council Member Barry Gillaspie, Council Member ABSENT: Paula Abbott, Council Member 4111P' EXCUSED: Terry Parish, Council Member EXECUTIVE SESSION AT OR AFTER 5:30 PM MOTION: A motion was made by Council Member Carter and seconded by Council Member Kunisch to go into Executive Session for the following purpose: Pursuant to ARS §38-531.03.A(3), consultation for and discussion of legal advice, and §38-531.03.A(4), consultation, discussion and instruction of legal counsel regarding contract negotiations, Council may vote to go into executive session concerning the proposed Southwest Area Annexation. MOTION carried, 5-0. Council Member Parish participated in the Executive Session via telephone until 6:15 PM. Mayor Loomis announced that in addition to the Town Council, the Town Manager, Assistant Town Manager, Acting Town Attorney Joe Andrews and the Town Clerk, Economic Development Director David Welsh, Special Projects Coordinator Scott Nelson and Finance Director Stacey Lemos would also be present in Executive Session. MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Kunisch to go out of Executive Session at 6:25 PM. 04/18/2007 Minutes, Council Regular Session 2 MOTION carried, 5-0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER - 7 PM ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor K.C. Carter, Council Member Al Kunisch, Council Member Barry Gillaspie, Council Member ABSENT: Paula Abbott, Council Member EXCUSED: Terry Parish, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis lead the audience in the Pledge of Allegiance. PRESENTATIONS Crew for their participation in the MSA a. Recognition of Public Works Street p p Equipment Rodeo at which they tied for "Best of the Best". Town Engineer Craig Civalier expressed pride and gratitude for his employees' performance in the MSA Rodeo held on March 15, 2007, as he noted they had four consecutive years. Mr. Civalier invited the Mayor and Council to won for inspect equipment the new e ui ment which they had approved for the Public Works department. Mr. Civalier introduced Streets Superintendent Lory Warren. Ms Warren introduced uced the Public Works staff and their placement in the competition: • Carlos Martinez tied for first place for Master Equipment Operator • Mike Stephens, first place for Grader Operator • Carl Weaver, second place for Loader • Fernando Romero, p laced second for Forklift by .22 of a second • Alfonso Arvayo, second place for Ten Wheel Dump Truck • Raymond Rodriguez, second place for Pavement Marking • Walter Jackson, third place for Sign Installation • Brian Drew, Hector Alvarado, Anthony Sances and Alfonso Arvayo placed third for Crack Seal Team. 04/18/2007 Minutes, Council Regular Session 3 The Mayor and Council went outside at 7:08 PM to review the new equipment. Nor The meeting resumed in Council Chambers at 7:20 PM. UPCOMING MEETING ANNOUNCEMENTS Town Manager David Andrews reviewed upcoming meetings and events. COUNCIL REPORTS - No reports DEPARTMENT REPORTS - No reports. TOWN MANAGER'S REPORT - No report. ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING Mayor Loomis moved Item 4 forward on the agenda. CALL TO AUDIENCE - No speakers. 4. RESOLUTION NO. (R)07- 55 TO CALL UPON THE U.S. FOREST SERVICE TO PREPARE A FULL ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED ROSEMONT MINE Town Manager David Andrews presented Resolution (R)07-55 supporting Pima Association of Governments and Pima County's right to protect Pima County's resource assets and lands from mining activities - the Rosemont Mine in particular. Mr. Andrews noted that similar resolutions had been adopted by the Pima Association of Governments, Pima County and many local jurisdictions. Mayor Loomis opened the floor for public comment. Sean Sullivan, of 738 N. 5th Avenue Ste. 214, Tucson, Arizona 85705, addressed the Council on behalf of the Sierra Club Rincon Group. Mr. Sullivan stated that the Sierra Club was in support of this resolution opposing the Rosemont Mine. He noted that the Santa Rita Mountain range was important to the community because of the ecology, recreation and scenic views. Mr. Sullivan stated that the Sierra Club maintains that mining is not conducive to sustaining the economy in southern Arizona due to the "Boom and Bust" nature of the mining industry. He stated that he believes preserving the natural resources and natural beauty of the land is a better option to draw people to the area. 04/18/2007 Minutes, Council Regular Session 4 MOTION: A motion was made by Vice Mayor Dankwerth and seconded by CouncilGillaspieapprove Member to a rove Draft Resolution (R)07-55, to strongly oppose Augusta Resources Corporation proposed Rosemont Mine. pp g MOTION carried, 5-0. 1. CONSENT AGENDA MOTION: A motion was made byCouncil Member Gillaspie and seconded by Council Member Kunisch to approve the Consent Agenda. MOTION carried, 5-0. A. Minutes - 01-24-07; 02-28-07; 03-14-07; 03-21-07; 04-04-07 B. Building Code Activity Report - March 2007 C. Coyote Run Monthly Report - March 2007 D. Economic Development Division Monthly Report - March 2007 Resolution No. (R)07- 53 Renewal of an Intergovernmental Agreement E. e with Pima County for payment for the Incarceration of Municipal Prisoners F. Resolution No. (R)07- 54 Authorizing the acceptance of bid and award of contract to A & S Paving, Inc. in the amount of $127,226.00 for the East Magee Road Pavement Rehabilitation, Project No. OV 30 06/07 16 G. Approval of Employment Agreement for Town Magistrate George pp p Dunscomb H. Award of Bid for Financial Auditing Services to Heinfeld, Meech & P.C. for fiscal years ending June 30, 2007, 2008 and 2009 with Company, the option to renew for the three (3) subsequent fiscal years 2. PUBLIC HEARING- APPROVAL OF AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR "SANTILLO'S" LOCATED AT 8195 N. ORACLE ROAD, SUITE 105 Town Clerk Kathi Cuvelier reviewed the liquor license application submitted by Mr. Michael Santillo for Santillo's Bar and Grill. She stated that based on the findings of the background investigation, Police Chief Sharp did not support the issuance of a liquor license to Mr. Santillo. 04/18/2007 Minutes, Council Regular Session 5 Mayor Loomis asked if the applicant was present. The applicant was not present. Mayor Loomis opened the public hearing. There being no speakers, Mayor Loomis closed the public hearing. MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Kunisch to recommend denial of the issuance of the Series 12 Liquor License to the Arizona State Liquor Board for Mr. Michael Santillo at Santillo's Bar and Grill located at 8195 N. Oracle Road, Suite 105. MOTION carried, 5-0. 3. PUBLIC HEARING - ORDINANCE NO. (0)07- 22 RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING "THE 2007 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY, ARIZONA" BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER; AND DECLARING AN EMERGENCY MOTION: A motion was made by Council Member Gillaspie and seconded by mew Council Member Kunisch to adopt Ordinance No. (0)07-22 adopting the "2007 Amendments to the tax code of the Town of Oro Valley, Arizona" and declaring an emergency. MOTION carried, 5-0. 5. PRESENTATION AND POSSIBLE ACTION REGARDING THE 2007 TOWN OF ORO VALLEY STRATEGIC PLAN Town Manager David Andrews presented the Town of Oro Valley 2007 Strategic Plan. He stated that the plan: • Is grounded in the vision expressed by the Council adopted and voter ratified, 2005 Oro Valley General Plan. • Provides direction for all Town government activities. • Examines where the Town is today. He explained that the Community Vision is to be a well-planned community upholding the highest standards of: • Environmental Integrity • Education 04/18/2007 Minutes, Council Regular Session 6 • Infrastructure • Services • Public safety The Organizational Mission will: • Act openly with respect, integrity, accountability and quality. p Y • Preserve and promote health, safety and quality of life. • Provide excellent municipal services. • Ensure economic sustainability. • Balance the Town's long term interests while responsive to the present needs of the community. Focus Areas are: • Financial Sustainability • Quality of Life • Protecting environmental and cultural assets • Economic Development • Leadership and Communication Goals • Implementation 6. DISCUSSION AND POSSIBLE ACTION REGARDING THE ACTION PLAN FOR INTERIM SPACE SOLUTIONS AT THE TOWN MUNICIPAL OPERATIONS SITE LOCATED IN RANCHO VISTOSO NEIGHBORHOOD 3 AND LEASED OFFICE SPACE PLANNING Engineer CraigCivalier presented the proposal for interim office space for Town g the Department of Public Works (DPW). He recommended installing modular buildings on the future Municipal Operations Center (MOC) site in Rancho g Vistoso Neighborhood 3. Additionally, by moving the Public Works Department, it wouldp rovide much needed office space on the La Canada campus for other departments. Further, the Water Utility department is in the process of finding space to lease. The tworo osed modular buildings would be occupied by the following p p departments: • Water Utility operations erations staff which currently occupy the Calle Concordia campus • DPW Engineering Field staff • Coyote Run 04/18/2007 Minutes, Council Regular Session 7 Mr. Civalier recommended using the Temporary Use Permit Process per Section 25.3 of the Oro Valley Zoning Code Revision for Council approval. Discussion ensued regarding the square footage of the modular buildings, the color of the buildings as well as landscaping and whether approval by the Development Review Board (DRB) would be necessary. Mayor Loomis clarified that the permit would go before the Planning and Zoning Director and she would determine if approval by the Development Review Board would be necessary being that these buildings were temporary. MOTION: A motion was made by Council Member Gillaspie and seconded by Vice Mayor Dankwerth to approve the Water Utility leasing suitable office space and installing modular office space for designated field operations staff of Transit, Public Works and the Water Utility as interim facilities at the Municipal Operation Center in Rancho Vistoso Neighborhood 3 with all approvals proceeding directly through Council. Mayor Loomis added direction to the Water Utility to provide to Council the additional trade-offs with cost impact of using additional space in that site vs. leased space. MOTION carried, 5-0. 7. CONSIDERATION AND POSSIBLE ADOPTION OF A COMMUNITY RELATIONS PROGRAM Governmental and Community Relations Administrator Bob Kovitz presented the plan for the Community Relations Program. Key points of the Oro Valley Strategic Plan are to: • Build trust through effective public outreach and communication • Create an environment conducive to effective among dialogueCouncil, g staff and the community. • Improve intergovernmental relationships • Encourage and develop leadership The principal goal of the Community Relations Strategic Plan is: "To provide the citizens of Oro Valley with accurate and timely information about current issues, activities and projects." The plan elements are: • Media to include: o Press Releases o Televised news alerts, Public Access and public interest programs o Press conferences and briefings o General media relations o Letters to the editor 411.- o Broadcast of Council and other Town meetings 04/18/2007 Minutes, Council Regular Session 8 o Radio Y o Utilizing the Granicus system to broadcast Council meetings on the Town of Oro Valley's website. • Community Education and Involvement o Town initiated events and events sponsored by others o Events designed to share information o Town newsletter o HOA publications and meetings o School-based programs o Community organizations • Professional Development o Media training o Selected communications training for key personnel o Toastmasters o Written communication improvement o Employee newsletter MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Carter to adopt the proposed Community Relations Strategic Program subject to funding through the annual budget process. MOTION carried, 5-0. 8. FUTURE AGENDA ITEMS - None presented. CALL TO AUDIENCE — No speakers. ADJOURNMENT MOTION: A motion was made by Council Member Carter and seconded by Council Member Kunisch to adjourn at 8:20 p.m. MOTION carried, 5-0. Prepared by: c Christina Pickerin Office Specialist 04/18/2007 Minutes, Council Regular Session 9 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 18th day of April 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2007. Kathryn E. Cuvelier, CMC Town Clerk NV LEY A `ric' 0 2 11000 N. La Canada Dr. •Kok 44 10 oo,E 11/ tit Oro Valley, Arizona 85737 VIP .< y � Phone (520) 229-4900 FAX (520) 797-2616 DANIEL G. SHARP. Chief of Police 4 ; t v � www.ovpd.org A ?;�.Q�' fir, _.'�, H M AA 4 Aw_ UNDED1g ORO VALLEY POLICE DEPARTMENT "FAIRNESS, INTEGRITY, EXCELLENCE" MEMORANDUM TO: Honorable Mayor Paul Loomis & Oro Valley Council Members FROM: Chief Daniel G. Sharp REF: March 2007 Statistics DATE: April 10, 2007 Please find attached the captured statistics for the Oro Valley Police Department for March 2007, plus Citation/Warning totals for the previous month. Also included are the response times for dispatched priority 1-4 calls and a historical review of the past 3 years of statistics for the month captured. U W 0 > a/ O Z .111 , , , . , , , 1- 8 U O _____ _. . . , , Z a. 1.1 W — • , , • , . _ , O - D Em* a Cii) —. ... .. , , . ' -ID W --) C...) ____ . , , . , , - z D o --) I,- , , , -4 , .. , , CD P60 — CD N E* < 2 ca E Ef. � H Q U U as P4 N- Imo- d) L * CO r O O N N. 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IL P-`f's = fltj 04. - -r, Fax (520) 229-5319 • - www.townof orovalle .com/Iibrar Y Y ORO ALLEY PUBLIC L BRARy libfgry ifl ic,i e mo To: Honorable Mayor Paul Loomis &Oro Valley Council Members From: Mary Hartz-Musgrave, Library Administrator Ref: January, February, March 2007 Statistics Date: May 2, 2007 Please find attached the captured statistics for the Oro Valley Public Library ler'` for January, February, and March 2007 that include library sponsored programs, Group Visits to the Library, Community Outreach, Meeting Room Usage, Volunteers, Circulation Transactions, and Gate Count. Attachment: 1 Cc: Friends of the Oro Valley Public Library Board Members 0 w 0 0 z H 0 0 a w CO 0 (i) Q L.. = J W 0 C13 -) CD > z n Q , L'Il Q CU J▪ Ce v a . Q = ti LC) (0 CO I` O (r) C3) r — CO In CO 'lq' r- ' r' N a 0 cc CO N- "1- N d- d- >1% - Q CO CD E > — N N CO CO d- CO d- C,O cc C3c o- - ' N- r- mCON 1.-- N CO N- 0 1/40 .fl L � C 0 t N N O CO 0) Cfl — c r- CO O — cc CD N- t- 1- . Z N-- .1. 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EXECUTIVE SUMMARY The existing OVZCR Section 22.2 does not reflect the changes required as part of Growing Smarter Plus legislation and conflicts with A.R.S. 9-461.05, 9-461.06, and 9-461.07, which incorporates specific requirements for General Plan applications and review as well as conformance of rezoning proposals to the General Plan. It also contradicts with the process set forth in the General Plan ratified by voters in 2005. This proposed code update is an item on the 2006 Planning and Zoning Department Workplan. It is considered a necessity to comply with state statutes. The code amendment was initiated by the Planning and Zoning Commission on October 3, 2006 to ensure the application and review process for General Plan amendments in the Town comply with the Growing Smarter Plus statutes. 'PLANNING AND ZONING COMMISSION RECOMMENDATION This code amendment was reviewed in a study session on March 6, 2007. Issues addressed as part of the study session are represented in the attached Planning and Zoning Study Session report and minutes. On April 2, 2007, the Planning and Zoning Commission recommended approval of OV07-06-03. Minor wordsmithing was requested by the Planning and Zoning Commission as part of the recommendation of approval in order to improve the clarity of a few phrases in the amended code. The official motion is as follows: Commissioner Paolino MOVED to approve OV7-06-03,providing the comments of various Commission members are taken into account in amending. Chair Bistany seconded the motion. Motion carried unanimously. The following changes were made to meeting the Commissioners' requests. The draft public hearing minutes are attached: 1. The heading for Section 22.2.B was changed to "Rezoning Conformance with the General Plan" and the word "zoning" was added to the first sentence under this subsection to ensure readers were clear that "land use changes" indicated rezonings. 2. Staff kept Section 22.2.C.3.b in the code since the same phrase appears in the General Plan. 3. Staff added a criteria to approve General Plan Amendments to mirror the General Plan preamble that states that "conditions in the community have changed to the extent that the plan requires amendment or modification" in Section 22.2.D.3. 4. Language was added to Section 22.3.D.4 to clarify that reapplication cannot occur for one year after Town Council denial of a General Plan Amendment. 5. Section 22.3.C.1 was altered to clarify that it is the burden of the applicant to ensure that the application is complete. TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV7-06-03 Page 2 of 4 ANALYSIS OF PROPOSED AMENDMENTS: Removal of Section 22.2.E.3, Action by the Planning and Zoning Commission q The current OVZCR requires that all general plan amendments must be initiated by the Planning and Zoning • because it mayinfringe on an applicant's right to due process. Commission. This requirement was removed "Allamendments to the General Plan ARS 9-461-06, sub-section H. states, major proposed for adoption by the. • a single public hearing during the calendar year the governing bodyof a municipality shall be presented at g g g• zoningcode is amended to allow all proposed plan is made." (emphasis added). Therefore, the • proposal the sin le hearingfor all amendments is to allow the amendments to go to public hearing. The purpose ofg community to assess the overall impact. Defining the Type of General Plan Amendments i i major and minor amendments. ARS 9-461.06, sub- sectionThe GrowingSmarter Plus legislation differentiates between as a substantial alteration of the municipality's land use mixture or H defines a major amendment H further existingGeneral Plan land use element." Sub-section balance as established in the municipality'sral Plan effects a create criteria to determine if a proposed amendment to the Gene requires that a municipality in the municipality's municipality's land use mixture or balance as establishedp substantial alteration of thee made: existing General Plan land use element. The following proposed changes to the code wer Addition of the criteria listed in the current General Plan to differentiate between major and minor • Land Use Map, including the General Plan Amendment amendments relating to alterations to the Matrix. between major� Additional criteria to differentiateJ and minor text amendments as follows: meaningobjective of any portion of an element, policy, • Any change meant to clarify to the or J • substantiallyalteringthe intent will be considered a minor objective or goal without amendment. • • alteration of a goal or policy will be considered a major • Any addition, deletion, or substantial amendment. Revisions of submittal and review procedures were developed for major and minor amendments. The focus is Submittal requirements and review procedures p listed in the General Plan and Growing Smarter Plus legislation. on achieving conformance with the procedures Changes include: ' Director mayrequire additional submittal information to � Clarification that the Planning and Zoning q review both major and minor amendments. Clarification of the differentrequirements uirements of minor and major amendment procedures. � q Minor amendments: • Can be submitted any time of the year. q • At least one neighborhood meeting is required for minor amendments to the Land Use Maps g Text amendments may also require neighborhood meetings at the discretion of the Planning an Zoning Director. Major amendments: TOWN OF ORO VALLEY liapOUNCIL COMMUNICATION, OV7-06-03 Page 3 of 4 • The submittalp eriod was revised from two periods to one submittal window that extends from the first working day in January to the last working day in March. • The statutory requirement that all major amendments are to be heard at a minimum of two public q hearings before the Planning and Zoning Commission was added. • The statutory public outreach requirement was fulfilled by the neighborhood meeting requirement as stated in the General Plan. • The statutory requirement that all major amendments be presented at a single public hearing in q J the same calendar year that the proposal was made. • Must be approved by a two-thirds vote of the Town Council. Rezoning Conformance 22.2.B alreadystates that rezonings must conform to the General Plan or be subject to denial OVZCR Section g by Town Council. This is in compliance with the Growing Smarter Plus statutes. However, the paragraph was condensed to one sentence in this Section. The majority of the content from Section 22.2 and the General Plan relating to rezoningconformation to the General Plan was moved to Sections 22.3.C.2, 22.3.C.3 and 22.3.D.1.c, which are attached for your review. Section 22.3.C.2 requires a detailed written analysis from the applicant detailing how a rezoning proposal implies with the General Plan. Section 22.3.C.3 describes the General Plan Amendment application when a proposed rezoningdoes not comply with the existing General Plan. Section 22.3.D.1.c equirements p p provides criteria for General Plan conformance as part of the site analysis review requirements of all rezonings. PUBLIC NOTIFICATION: In accordance with Town Policyand ARS notification statutes, notification of this code amendment has been posted. To date, staff has received no comment on the issue. SUMMARY OF FACTORS: Findings for: 1. Thero osed amendment brings the zoning code in compliance with the Growing Smarter statutes. P p 2. Thero osed amendment brings the zoning code in compliance with the General Plan. P P Zoning 3. The Planningand Commission has recommended approval of this code amendment. Findings against: 1. None SUGGESTED MOTIONS: with OR deny]move to [approve, approveconditions, OV7-06-03, Proposed Amendment to the Oro Valley Zoning Code Revised by revising' ' Section 22.2 General Plan Amendment Procedures and portions of ec tion 22.3 Amendments and Rezonings to insure compliance with Growing Smarter Plus statutes. Attachments: 1. Ordinance (0) 07-23 2. Planning and Zoning Study Session Issue Paper TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV7-06-03 Page 4 of 4 3. Updated version of Section 22.2 and portions of Section 22.3 4. Original version of Section 22.2 and portions of Section 22.3 5. S tr g updates h version of code u dates between Planning and Zoning Commission and Town Council 6. Planning and Zoning Commission Study Session minutes 7. Draft minutes of the Planning and Zoning Commission public hearing F:\OV\OV7\2006\OV7-06-03\Reports\TC report.doc n / e� .i�' //L( �� r ' e(6'‘r1--(1:'--- Sara S. More, Planning and Zoning Director 14 ', - - L.t.tii- Watson, Assistant Town Manager e r et David Andrews, Town Manager I ORDINANCE NO. (0)07- 23 AN ORDINANCE OF THE TOWN OF ORO VALLEY,ARIZONA,AMENDING THE ORO VALLEY ZONING CODE REVISED SECTION 22.2 AND PORTIONS OF 22.3 TO COMPLY WITH THE GROWING SMARTER PLUS LEGISLATION REGARDING AMENDMENTS TO THE GENERAL PLAN AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH WHEREAS,The purpose of this amendment is to ensure definitions and procedures regarding amendments to the General Plan comply with Growing Smarter Plus legislation; and WHEREAS,the Planning and Zoning Commission at the duly noticed April 2, 2007 public hearing, the Commission met to discuss the proposed amendment to the Oro Valley Zoning Code Revised. The Planning and Zoning Commission made a recommendation of approval to the Town Council; and WHEREAS,the Oro Valley Town Council has duly considered an amendment to ensure compliance with Growing Smarter Plus; and the Planning and Zoning Commission's recommendation and conditions at a duly noticed Public Hearing; and finds that it is consistent with the Town's General Plan,and other Town ordinances; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The purpose of this amendment is to ensure the Oro Valley Zoning Code Revised complies with State Statute regarding General Plan amendments; SECTION 2. That this ordinance and the various parts thereof are hereby declared to be revocable. If any section, sub-section, sentence, clause,word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 2nd day of May, 2007. Paul H. Loomis,Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM 41111, Melinda Garrahan, Town Attorney ATTACHMENT 2 0V7-06-03: AMENDMENT TO OVZCR SECTION 22.2 AND PORTIONS OF SECTION 22.3 TO ENSURE COMPLIANCE WITH GROWING SMARTER LEGISLATION PLANNING AND ZONING COMMISSION STUDY SESSION ISSUES: Initiation of Amendments to the Planning and Zoning Commission At the study session, staff presented an updated code that eliminates the requirement that the Planning and Zoning Commission must initiate a general plan amendment prior to setting a public hearing. Some Commissioners expressed a lack of understanding about why the Planning and Zoning Commission initiation requirement is a potential violation of due process. There was an assumption that no application has been submitted to the Town at the time of the initiation. However, as currently stated in OVZCR Section 22.2.E, et al, the application must be made to the Planning and Zoning Director (Administrator). Once the application is received, it is scheduled before the Planning and Zoning Commission. Per Section 22.2.E.3, the Commission may then order the amendment to public hearing (initiate the amendment) or deny the request. This procedure potentially as outlined in the OVZCR has the potential to infringe on the due process guaranteed to all applicants in Growing Smarter Plus legislation, since state statutes require that all proposals go to Town Council public hearing in the calendar year they are submitted. The Town is still free to initiate General Plan Amendments to address concerns as dictated on Page 11 of the Oro Valley General Plan ratified in 2005 and the Growing Smarter Plus legislation. Transmittal of Applications During the discussion of the initiation process, some concerns were expressed regarding the early notification to the Planning and Zoning Commission about applications for general plan amendments and the level of staff review of the applications. Staff will ensure each application is fully analyzed individually. Since all applications will be reviewed at the same public hearings, they will also be analyzed for cumulative impact to the affected areas and the Town as a whole. In order to be sure the Planning and Zoning Commission and Town Council are aware of each general plan amendment application as they come in and the potential issues each amendment request brings, a provision will be added to the standard operating procedure - rather than the zoning code - for the distribution of the application at the time of its submittal, which is in accordance with State Statute. The scheduling of Planning and Zoning Commission study sessions could also be added to the standard operating procedures for individual General Plan amendment applications. Planning and Zoning Commission Hearings It is clear in Growing Smarter Plus legislation that there is one Town Council hearing for all applications submitted in the same calendar year. Commissioners questioned if a similar schedule would pertain to Planning and Zoning Commission meetings. The Planning and Zoning F:\OV\OV7\2006\0V7-06-03\Reports\PZ STUDY SESSION ISSUES.doc Directorpp has decided that all applications for major amendments to the General Plan that have been submitted for review in the same calendar year will be reviewed at the same two public hearings before the Planningand Zoning Commission. This will allow for a comprehensive of how all thepotential changes could impact the community. There is still the review . opportunity to continue a specific agenda item to a third meeting for further review, if it is opp y p deemed necessary. Neighborhood Meetings The Commission questioned how a neighborhood meeting could be held for an amendment that would affect the entire town. Asp roposed, neighborhood meetings will be required only for major amendments in which the land use map is changed (emphasis added). In the case that a neighborhood meetingwould be required for an amendment that affects the entire Town, we g would follow the standard operating procedure for noticing a code update which reflects state statute: • Notice of the neighborhood meeting for a proposed amendment will be advertised in two newspapers (1/8 page) • Post at Town Hall and on the Web • All Homeowners Associations will be notified of the neighborhood meeting. • Other noticing for neighborhood meetings as required by the Growing Smarter Plus legislation. Noticing Noticingwill be fullycovered in the Standard Operating Procedures. However, the following subsection has been added to Section 22.2.D.2.b.vi of the code to address the Commission's concern that the notification requirements should be codified since they differ from standard procedure: Public Notification shall be given not less than 15 days prior to the scheduled hearing date and will include at a minimum: a) Notice .f the proposed amendment will be advertised a minimum of three o times in two widely distributed newspapers. b) All property owners within 1,000 feet of the subject property and all adjoining properties will be directly notified of the amendment when the amendment involves a change in land use. c) All Homeowners Associations will be notified of the amendment. d) Signs noticing the proposed amendment will be posted on the property on a sign or signs 3'x4' in size, with white background and 5-inch letters. The procedures above represent a minimum threshold as reflected in state statutes. Rezoning Conformance Questions were raised during the study session regarding the timing of a General Plan amendment when a request for rezoning does not comply with the General Plan. The discussion mainly revolved around whether the Town should dictate whether an amendment to the General Plan should be reviewed concurrently or prior to the rezoning application. Options included: F:\OV\OV7\2006\0V7-06-03\Reports\PZ STUDY SESSION ISSUES.doc • 1 1. Disallowing concurrent general plan amendments and rezonings. The Town must decide the policyissues of the rezoningfirst without focusing on a detailed tentative development plan in a rezoning application. 2. Allow concurrent applications for minor amendments but not for major amendments. 3. Allow concurrent applications for any amendment to avoid redundant review (the General Plan amendment and the rezoning may or may not be reviewed at the same public hearing). Staff has decided to modify the wording in Section 22.3.C.3 to allow both provisions. The final choice to have the General Plan amendment reviewed prior to or concurrently with the rezoning is at the discretion of the applicant. However, any concurrent review will still be separate agenda items with separate discussions and motions. This will allow for the different issues for general plan amendments and rezoning to be considered holistically. 4111, 11110 F:\OV\OV7\2006\0V7-06-03\Reports\PZ STUDY SESSION ISSUES.doc ATTACHMENT 3 Section 22.2 General Plan Amendment Procedures A. Purpose A General Plan amendment is any change that occurs between comprehensive Plan updates. Amendments may involve a change to the Land Use Map for specific properties or a change to the text. Requests for amendments, if approved, can effect change to any section of the document including, but not limited to, the various elements, policies, objectives or goals. B. Rezoning Conformance with the General Plan Any zoning changes in land use must conform, in all respects, with the Town's adopted General Plan p and Land Use Map. See Section 22.3 for further information on rezoning compliance with the General Plan. .........::.. C. Types of Amendments to the General Plan ry.. Text and Land Use Map changes will be classified as follows: 1. Major Amendment A substantial alteration of the land use mixture or balance that meets one or more of the following criteria: a. A change in land use designation that is expressed as a major amendment in Table 22-1, unless the proposal meets the criteria listed in Section 22.2.C.2.b or Section 22.2.C.2.c. b. Amendments for properties beyond the General Plan Urban Services Boundary (USB). Nor c. Text changes that add or rescind any element, policy, objective or goal to the Plan. d. Text changes that substantially alter the intent of any element, policy, objective or goal. 2. Minor Amendment µ ay.a.iaeer:.w.w a. Any change in land use designation that is expressed as a minor amendment in Table 22-1. b. All are cf�r�ents that are five acres or less in size and that are contiguous to like existing land ase categories. c. Amendments to the Land Use Map that achieve conformity with either existing land uses or -,Pima County zoning upon annexation. d. Text changes that clarify any portion of an element, policy, objective or goal without substantially altering the intent. e. Amendments that do not meet the criteria for a major amendment. 3. Exceptions. The following shall not require a formal amendment to the General Plan and be reviewed administratively. a. All scriveners' errors will be subject to administrative approval. Scrivener's errors are unintentional clerical mistakes made during the drafting, publishing, and copying process. b. Public Schools are not subject to the amendment process. 411111 F:\OV\OV7\2006\0V7-06-03\Code drafts\tc final.doc TABLE 22-1 General Plan Amendment Matrix Proposed Designation(Change to) Existing Designation' PSP& R-LDR LDR1 LDR2 MDR HDR MPC RGC NCO CRC COP SCH PARK OS (change from) l r * 9 R-LDR r r • r ■ • r • ■ LDR1 >< z:: :za < a • • ■ • • : • LDR2 • • ■ ■ • ■ • MDR • • • r`yam HDR • _ r MPC2 See footnote#2 below : . RGC • • • a a a ,..a l NCO • • • ■ • • • r • CRC r • r ■ • " ■ COP a r M PSP and SCH3 • ' 1 PARK • • a • • • a a a a a OS • • • • • • a a _ • a • Major Amendment Minor Amendment :: MY.n.W:K6. AO!fOCOf' Noy intendment 1. For a complete definition of the land use designations,please refer to the General Plan. 2. Amendments to areas designated as MPC will be treated,per the General Plan Amendment Matrix Table, based on the land use and density of the MPC designation. If no specific land uses and densities are called out for the MPC, it will be treated,for the purpose of the amendment only,as MDR and NCO(no more than 10%). 3. Excluding Public Schools Public schools are not subject to the amendment process. D. General Plan Amendment Procedures 7 :7---- All minor and major amendments to the General Plan shall follow the procedures outlined below: +svl•.o.+a.N. .row.. 1. Application a. Amendments tohieLand Use Map may be initiated by the Town or by the landowner only. b. Text amendments including, but not limited to, the General Plan elements, policies, goals, objectives and implementation strategies, may be requested by any individual, whether a land holder in the Town or not, by an Town Official or Town resident. 2. Review Process a. Minor Amendment i. Submittal requirements are established by the Planning and Zoning Director. Additional studies or other materials may be required when warranted. ii. Amendments may be submitted any time of the year. iii. Neighborhood Meetings a) At least one neighborhood meeting must be provided prior to the scheduling of a Planning and Zoning Commission public hearing for all proposed changes to the Land Use Map. F:\OV\OV7\2006\0V7-06-03\Code drafts\tc final.doc • b) Town policies for notification of general plan amendments must be followed to achieve a neighborhood meeting. c) The Planning and Zoning Director must be notified of all neighborhood meetings at least 20 days in advance. d) Meetings for text amendments may be required at the discretion of the Planning and Zoning Director. b. Major Amendment i. Submittal requirements are established by the Planning and Zoning Director. Additional studies or other materials may be required when warranted.:: ii. Applications are accepted from the first working day in January to the last working day in March. .:::viii• JfSiaM„;,+fy1:w, iii. Neighborhood Meetings a) At least one neighborhood meeting must be provided priorto the scheduling of a Planning and Zoning Commission publip hearing is required for all changes to the Land Use Map. : .,. �m. b) Town policies for notification of general plan amendments must be followed to achieve a neighborhood meeting. c) The Planning and Zoning Administrator musf be notified of all neighborhood meetings at least 20 days in advance. d) Two neighborhood meetings are required, one prior to the Planning Commission and one prior to the Town Council hearings. iv. All applications must be reviewed concurrently at a minimum of two public hearings by the Planning and Zoning Commission in different locations. v. All major amendments are to be presented to the Council at a single public hearing prior to the end of-the calendar year that the proposal is made. vi. Public notification for all public hearings. Public Notification shall be given not less than 15 days prior to the scheduled hearing date and will include at a minimum: a) Notice of the proposed amendment will be advertised a minimum of three times in two widely distributed newspapers. °'All property owners within 1,000 feet of the subject property and all adjoining properties will be directly notified of the amendment when the amendment involves a change in land use. c) All Homeowners Associations will be notified of the amendment. Signs noticing the proposed amendment will be posted on the property on a sign or signs 3'x4' in size, with white background and 5-inch letters. vii. Adoption of,a major amendment requires a two-thirds vote of the Town Council. i004:v 3. Adoption of Amendment The disposition of the General Plan amendment proposed shall be based on consistency with the vision, goals, and policies of the General Plan, with special emphasis on compliance with the following criteria: a. The proposed change is necessary because conditions in the community have changed to the extent that the plan requires amendment or modification. b. The proposed change is sustainable by contributing to the socio-economic betterment of the Community, while achieving community and environmental compatibility; and, F:\OV\OV7\2006\0V7-06-03\Code drafts\tc final.doc c. Thero osed change reflects market demand which leads to viability and general community p p acceptance; and, d. The amendment will not adversely impact the community as a whole, or a portion of the community without an acceptable means of mitigating these impacts through the subsequent zoning and development processes. The applicant for the amendment shall have the burden of presenting facts and other materials to support these criteria in writing, prior to any public hearings. 4. Another Application after Denial or Withdrawal In the event that an application for General Plan amendment is denied by the Town Council or the application is withdrawn after the Planning and Zoning Commission hearing, the Planning and Zoning Department shall not have the authority to accept another application for the same amendment within a year of the date of the original Town Council hearing when the application was denied. .wt:Aew.Sr+.:3,?kw<cFloi.. KKK. 'k✓6<+ ' .M„{F,>M' 'r!kwp:;p�Wp1ON•. MY.KSS6sKa,. 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AX:ti:i F:\OV\OV7\2006\0V7-06-03\Code drafts\tc final.doc Section 22.3 Amendments and Rezonings C. Requirements for Application 1. Applications shall be in the form and in such numbers as specified by the Planning and Zoning Director. 2. A detailed written analysis from the applicant describing how the proposed rezoning complies with the goals, policies, and applicable elements of the plan, as well as the Land Use Element and Map, is required as part of the submittal. 3. An application for rezoning, or any change in land use, will not be accepted if said use is not in full conformance with the adopted General Plan Land Use Map. When a proposed zoning change does not comply, the following options apply: a. The applicant will be required to amend the General Plan, or the application for rezoning, prior to initiating a rezoning; or b. At the applicant's discretion, an amendment to the General Plan Land Use Map, if required, may be pursued prior to submittal for a rezoning, or may proceed through the Planning and Zoning Commission and Town Council hearings concurrent with the request to rezone. D. Site Analysis and Tentative Development Plan with Application 1. Site Analysis * * * * * * * * * * * * c. Determination of Compliance with the General Plan i. Applications to change the zoning map shall conform to the General Plan. The rezoning ordinance shall further the implementation of, and not be contrary to, the goals, policies, and applicable elements of the Plan. ii. Conformance is determined as follows: a) Proposals shall be evaluated in relation to all of the policies in the General Plan (not just the map and those in the Land Use Element). b) The proposed land uses, densities or intensities are within the range for the subject property's land use designation as stated in the General Plan. c) Upon public hearing review by the Planning and Zoning Commission and Town Council, any rezoning proposal which does not comply with the General Plan will be subject to denial by the Town Council. d. Determination of Adequacy et al. F:\OV\OV7\2006\0V7-06-03\Code drafts\pz final draft 22.3c2.doc w ATTACHMENT 4 ORIGINAL VERSION Section 22.2 General Plan %imp Amendment Procedures l l l l A. General Plan Conformance Application Unless a General Plan Amendment is Filingapplied for and approved in relationshipto PP pp ATOA l' a rezoning, any changes in land use must err conform, in all respects, with the Town's --- adopted General Plan and Land Use Map. Any new proposal for development, which r \. does not comply, will be subject to denial Staff Review by the Town Council. �,�, Y.I..Y.�.Y.r�._._.r� .ry.iiN B. General Plan Amendment and Application Schedule Schedule Hearing ---------- The purpose of Section 22.2 is to establish --------- a procedure for amending the Town's Public Notice General Plan. Requests for amendment to the General Plan, if approved, can effect 7._._'�'_.�'._._'.._'� change to any section of the document including, but not limited to, the various elements, policies, objectives and goals, as well as the adopted Land Use Map, which is an integral part of that document. Planning and 0 Zoning Complete applications for amendments to the General Plan shall be accepted for Commission processing by the Planning and Zoning Public Hear-ng > Department bi-annually only during the Review and two-month periods commencing on the first regular working day of February and Recommendation ending on the last regular working day of March and again, on the first regular working day of August and ending on the 1r last regular working day of September. Town Council The Town Council may initiate a General < Public Hearing > Plan Amendment at any time during the year provided that at a noticed public Review and hearing in accordance with Section Decision 22.2.E.4, and making affirmative findings that based on substantial evidence in the record a minimum of one of the following is General Plan met: Amendments 1. The applicant has demonstrated that waiting for the normal amendment period would deny substantial and significant benefits to the greater community in terms of: gar a. Providing significant additional employment for Town Residents; ORIGINAL VERSION b. Providing a significant amount of additional ongoing revenue to the Town; or 2. The applicant has demonstrated that waiting for the normal amendment period would place the community at greater risks in the form of: a. Inadequate waste treatment facilities: b. Inadequate or unsafe transportation improvements; c. Inadequate or unsafe flood control improvements; d. Hazardous environmental conditions; or e. Insufficient community or governmental services facilities; C. General Plan Amendments Related to Land Use; When Required An application for rezoning, or any change in land use, will not be accepted, if said use is not in full conformance with the adopted General Plan, including the Land Use Map. Conformance with the adopted Land Use Map will be determined at the pre-application conference, as required by Section 22.3.B. At the applicant's discretion, an amendment to the General Plan Land Use Map, if required, may be pursued prior to submittal for a rezoning, or may proceed through the Planning and Zoning Commission and Town Council hearings concurrent with the request to rezone. The procedure for amendment to the Land Use Map is outlined in subsection E. below. 1. Application Requirements for Land Use Map Amendments The request for a General Plan Amendment shall be signed by the owner of the real property that is the subject of the request, or by his/her designated agent. The request shall include names and addresses of every person, firm and corporation having interest in the subject property, whether a beneficiary under a trust, or otherwise. Where any request for amendment to the Land Use Plan covers land held under a trust agreement or by a corporation, the applicant shall list the names of the parties to the trust and the corporate officers. In addition, the applicant shall file an affidavit signed by the owners to attest that he is authorized and empowered to act for them in such proceeding. In the event that an application for amendment includes properties other than that owned by the applicant, then before the application will be accepted for processing, the applicant shall file a petition in favor of the proposed Land Use Plan amendment signed by the real property owners or their agents or attorneys representing at least 75% of the land area not owned by the applicant that is to be included in the General Plan amendment request. Said petition shall bear the property owners' signatures and addresses, the legal description and the land area of individual properties included in the application. A copy of the proposed amendment shall be sent by certified mail to the last known address of the remaining 25% of the property owners of that land area included in the application whose names are not on the petition. D. Amendments to General Plan Text Application for amendments to General Plan text including, but not limited to, the General Plan elements, policies, goals, objectives and implementation strategies, ORIGINAL VERSION may be requested by any individual, whether a land holder in the Town or not, by any Town Official or Town resident. The procedure for text amendments is outlined in Subsection E. below. E. Submittal and Review Procedures 1. Application; Form, Filing Any person requesting an amendment to the Town's adopted General Plan, either to the text or the adopted Land Use Plan associated with the Plan, must make application to the Planning and Planning and Zoning Administrator. 2. Scheduling The Planning and Planning and Zoning Administrator, upon receipt of the request for amendment, shall verify that sufficient information has been supplied, prior to scheduling the amendment for consideration before the Planning and Zoning Commission. Upon determining that the application is complete, the Administrator shall forward copies to the Planning and Zoning Commission for consideration at the next regularly scheduled meeting, not less than 15 days from the date the application is accepted. 3. Action by the Planning and Zoning Commission The Planning and Zoning Commission shall consider the proposed General Plan amendment and, based on its merits, may: • a. Order such amendments to public hearing, duly noticed as hereinafter provided, and may direct the applicant to provide additional information (i.e., market study, concept plan, etc.) to ensure that the request is warranted; or b. Deny the request. A denial of public hearing by the Planning and Zoning Commission may be appealed to the Town Council. 4. Public Notification If the Planning and Zoning Commission elects to set public hearing on a proposed General Plan amendment, public notification, to include date, time and subject of the hearing, shall be given, not less than 15 days prior to the scheduled hearing date. Interested property owners (see (a) below) and other members of the public, as deemed appropriate, shall be notified by mail, the notice shall be published in a newspaper of general circulation in the Town and said notice shall be posted conspicuously at the Town Hall. If the subject of the General Plan amendment is a particular parcel of land, said property shall also be posted with the notice, not less than 15 days prior to the scheduled hearing. a. For Land Use Plan Amendments "Interested Property Owners" shall, at a minimum, include all property owners in, and all those within 600 feet of, a parcel for which a land use plan change is requested. It shall be the responsibility of the applicant to provide the list of property owners, with current mailing addresses, taken from the Pima County tax assessor's roles. Such list shall be made not ORIGINAL VERSION less than 60 days prior to the first public hearing date on the proposed amendment. b. General Plan Text Changes Only Where text changes only are proposed, it shall be within the purview of the Planning and Planning and Zoning Administrator to determine the appropriate, interested persons to be included on the mailing list for notification of public hearing. The applicant for amendment shall provide the mailing list of interested parties, as directed by the Planning and Planning and Zoning Administrator. c. Town Initiated Changes If the Town initiates a change to the General Plan map or text, Town Staff shall secure the list of interested parties, i.e. owners of affected properties, for notification purposes. Failure to receive notice of hearings shall not invalidate any General Plan amendment as may be approved. 5. Agency Notification A summary of the proposed General Plan Amendment, to include date and time of hearing and any supporting information deemed appropriate, shall be sent to any interested reviewing agencies and/or to those agencies which require notification, in accordance with State Statutes. F. Action of Planning and Zoning Commission completion Upon of the Planning and Zoning Commission public hearing, the p Commission shall transmit its findings and recommendations to the Town Council for final action on the proposed General Plan Amendment. The report of the Planning and Zoning Commission shall become a permanent record in the office of the Town Clerk. G. Failure of the Planning and Zoning Commission To Report An Amendment If the Planning and Zoning Commission fails to report on any proposed General Plan Amendment within 90 days after the filing of a complete request, such failure to report shall be deemed to constitute no recommendation by the Commission and the matter shall be referred on to the Town Council for action. H. Hearing by Town Council Upon notification of the Commission's recommendations and findings on the proposed General Plan amendment, the Town Clerk shall schedule a public hearing before the Town Council. Notification of the Town Council's public hearing shall be published in a newspaper of general circulation in the Town and shall be posted conspicuously at the Town Hall, not less than 15 days prior to the hearing date. If the subject of the General Plan amendment is a particular parcel of land, said property shall also be posted with the notice, not less than 15 days prior to the scheduled hearing. I. Another Application After Denial or Withdrawal ORIGINAL VERSION In the event that an application for General Plan amendment is denied by the Town Council or the application is withdrawn after the Planning and Zoning Commission hearing, the Planning and Zoning Commission shall have the authority to refuse to accept another application for the same amendment within a year of the date of the original hearing. ORIGINAL Section 22.3 Amendments and Rezonings C. Requirements for Application 1. Applications shall be in the form and in such numbers as specified by the Planning and Zoning Administrator. 2. Applications to change the zoning map shall conform to the General Plan. D. Site Analysis and Tentative Development Plan with Application 1. Site Analysis * * * * * * * * * * * * c. Determination of Adequacy i. A site analysis shall be determined inadequate if it is in gross non-compliance with existing ordinances or policies such that the development proposed cannot proceed to hearing without significant changes to achieve compliance. ii. For those site analyses determined to be inadequate, the petitioner will receive a written list of the additional information and/or materials necessary to bring the site analysis into compliance. The petitioner has two options: a) Correct any deficiencies in the site analysis, or b)Allow the development proposal to proceed directly to public hearing before the Planning and Zoning Commission at the earliest possible date with a negative recommendation from Town staff. iii. A determination of adequacy does not constitute project approval by the Town staff. F:\OV\OV7\2006\0V7-06-03\Code drafts\study session drafts\original Section 22.3.doc I / ATTACHMENT 5 Section 22.2 General Plan Amendment Procedures A. Purpose A General Plan amendment is any change that occurs between comprehensive Plan updates. Amendments may involve a change to the Land Use Map for specific properties or a change to the text. Requests for amendments, if approved, can effect change to any section of the document including, but not limited to, the various elements, policies, objectives or goals. f B. Genera' Rac Rezoning Conformance with the General Plan Any zoning changes in land use must conform, in all respects, with the Town's adopted General Plan and Land Use Map. See Section 22.3 for further information on rezoning compliance with the General Plan. C. Types of Amendments to the General Plan Text and Land Use Map changes will be classified as follows: ' 1. Major Amendment A substantial alteration of the land use mixture or balance that meets one or more of the following criteria: a. A change in land use designation thatis expressed as aMajor amendment in Table 22-1, unless the proposal meets the criteria listed.:in Section 22.2 C2.b or Section 22.2.C.2.c. b. Amendments for properties beyond the General Plan Urban Services Boundary(USB). •ws. .w:w.w•; '•<s:%uaa.r.;en:.w.eou+.r c. Text changes that add or rescind any element, policy, objective or goal to the Plan. d. Text changes that substantially alter the intent of any element, policy, objective or goal. 2. Minor Amendment a. Any change in land use designation that is expressed as a minor amendment in Table 22-1. b. All amendments that are five acres or less in size and that are contiguous to like existing land use categories e. Amendments to the;Land Use Map that achieve conformity with either existing land uses or -Fila County zoning"upon annexation. d. Text changes that clarify any portion of an element, policy, objective or goal without substantially alteringthe intent. e. Amendments that do not meet the criteria for a major amendment. 3. Exceptions. The following shall not require a formal amendment to the General Plan and be reviewed administratively. a. All scriveners' errors will be subject to administrative approval. Scrivener's errors are unintentional clerical mistakes made during the drafting, publishing, and copying process. b. Public Schools are not subject to the amendment process. F:\OV\OV7\2006\0V7-06-03\Code drafts\pz to tc 22.2.doc s TABLE 22-1 General Plan Amendment Matrix Proposed Designation(Change to) 11 Existing Designation' PSP& R-LDR LDR1 LDR2 MDR HDR MPC RGC NCO CRC COP SCH PARK OS (change from) R-LDR • • • • • ■ • • • • LDR1 a s • • • ■ • • LDR2 • • ■ . 11 ' ■ ' • MDR • w * ■ r r w HDR • MPC2 See footnote#2 below RGC ■ • . ■ • w • • NCO • • • • • • ,, CRC • ■ • '" ' ' ' COP • • M f, PSP and SCH' ' =; i PARK • ■ • • • • ri,`''a -i• • ii. r ' OS a ■ I •zi A • • • • • • Major Amendment Minor Amendment "` w NoAmendment '':::=2-,--=:" 1. For a complete definition of the land use designations,please refer to the General Plan. 2. Amendments to areas designated as MPC will be treated,per the-General-Plan Amendment Matrix Table, based on the land use and density of the MPC designation. If no specific land uses and densities are called out for the MPC,it will be treated,for the purpose of the amendment only,as MDR and NCO(no more than 10%). 3. Excluding Public Schools:Public schools are not subject to the amendment process. D. General Plan Amendment Procedur..es� All minor and:::major amendments to the Ge 1 Plan shall follow the procedures outlined below: 1. Application .............,.... i .,-..6:=LAmendments to the Land Use Map may be initiated by the Town or by athe landowner only. b. Textamendments including, but not limited to, the General Plan elements, policies, goals, objectives and implementation strategies, may be requested by any individual, whether a land holder in the Town or not, by an Town Official or Town resident. 2. Review Process `� H a. Minor Amendment i. Submittal requirements are established by the Planning and Zoning Director. Additional studies or other materials may be required when warranted. ii. Amendments may be submitted any time of the year. iii. Neighborhood Meetings a) At least one neighborhood meeting must be provided prior to the scheduling of a Planning and Zoning Commission public hearing for all proposed changes to the Land Use Map. F:\OV\OV7\2006\0V7-06-03\Code drafts\pz to tc 22.2.doc j , s 0 b) Town policies for notification of general plan amendments must be followed to achieve a neighborhood meeting. c) The Planning and Zoning Director must be notified of all neighborhood meetings at least 20 days in advance. , d) Meetings for text amendments may be required at the discretion of the Planning and Zoning Director. b. Major Amendment i. Submittal requirements are established by the Planning and Zoning Director. Additional studies or other materials may be required when warranted.. ii. Applications are accepted from the first working day in January to the last working day in March. : . iii. Neighborhood Meetings a) At least one neighborhood meeting must be provided prior:to the scheduling of a Planning and Zoning Commission public hearing is required for all changes to the Land Use Map. a w:... Yi�1ie.7 b) Town policies for notification of general plan amendments must be followed to achieve a neighborhood meeting. . c) The Planning and Zoning Administrator musfbe notified of all neighborhood meetings at least 20 days in advance. d) Two neighborhood meetings are required, one prior to_thePlanning Commission and one prior to the Town Council hearings. : iv. All applications must be reviewed concurrently at a minimum of two public hearings by alp the Planning and Zoning Commission in.different:::locations. kY}WXO' v. All major amendments are to be presented to the Council at a single public hearing prior to the end of the calendar year that the proposal is made. vi. Public nplification for all public hearings. Public Notification shall be given not less than 15 days prior to the scheduled hearing date will include at a minimum: a) Notice of the proposedxemendment will be advertised a minimum of three times in --:.---:---two widelydstributed newspapers. , , )r All'property owners within 1,000 feet of the subject property and all adjoining properties will be directly notified of the amendment when the amendment involves a change in land use. c) All Homeowners Associations will be notified of the amendment. 'd) ..::, Signs noticing the proposed amendment will be posted on the property on a sign or signs 3'x4' in size, with white background and 5-inch letters. vii. Ada tion:of a r ajor amendment requires a two-thirds vote of the Town Council. 3. Adoption of Amendment The disposition of the General Plan amendment proposed shall be based on consistency with the 1 vision, goals, and policies of the General Plan, with special emphasis on compliance with the 3 following criteria: a. The proposed change is necessary because conditions in the community have changed to the extent that the plan requires amendment or modification. i F:\OV\OV7\2006\0V7-06-03\Code drafts\pz to tc 22.2.doc 0 b. The proposed change is sustainable by contributing to the socio-economic betterment of the • Community, while achieving community and environmental compatibility; and, c. The proposed change reflects market demand which leads to viability and general community acceptance; and, d. The amendment will not adversely impact the community as a whole, or a portion of the community without an acceptable means of mitigating these impacts through the subsequent zoning and development processes. Thea applicant for the amendment shall have the burden of presenting facts and other materials als to support these criteria in writing, prior to any public hearings. 4. Another Application after Denial or Withdrawal Intheepp vent that an application for General Plan amendment is denied y the Town Council or the application is withdrawn after the Planning and Zoning Commission hearing, the Planning and PP Zoning Department shall not have the authority to accept another application for the same amendment within a year of the date of the original Town Council hearing when the application was denied. ieww' 0e91PW�etR;lietldS.1.. 'SR000:.'e.... AhtYp 'aw!?aa?'+�?mee'f�!. .Raw>rxR:w:,9>r..•w `� il:iti V(MI4+eow??+. ...9w:h'!�<aa..9:h::«,•u•,..iia. 9wsaaefew%.. ::,,,a+a::<:• •e:eeuai<w ;..cam.,....:.•�. .::•aaW%9 vs,:•:R:O� , ... %.:.a•:9t4Y:wYYia<NC<Ai:a9w .}•M: +:}a%r•.a wJ9i}'N+}%•:9.N%K!.V}:;:.. 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It is the burden of the applicant thatAppisationsall requirements of the application shall be in the form and in such numbers as specified by the Planning and Zoning Director. 2. A detailed written analysis from the applicant describing how the proposed rezoning complies with the goals, policies, and applicable elements of the plan, as well as the Land Use Element and Map, is required as part of the submittal. 3. An application for rezoning, or any change in land use, will not be accepted if said use is not in full conformance with the adopted General Plan Land Use Map. When a proposed zoning change does not comply, the following options apply: a. The applicant will be required to amend the General Plan, or the application for rezoning, prior to initiating a rezoning; or b. At the applicant's discretion, an amendment to the General Plan Land Use Map, if required, may be pursued prior to submittal for a rezoning, or may proceed through the Planning and Zoning Commission and Town Council hearings concurrent with the request to rezone. D. Site Analysis and Tentative Development Plan with Application 1. Site Analysis ip * * * * * * * * * * * * c. Determination of Compliance with the General Plan i. Applications to change the zoning map shall conform to the General Plan. The rezoning ordinance shall further the implementation of, and not be contrary to, the goals, policies, and applicable elements of the Plan. ii. Conformance is determined as follows: a) Proposals shall be evaluated in relation to all of the policies in the General Plan (not just the map and those in the Land Use Element). b) The proposed land uses, densities or intensities are within the range for the subject property's land use designation as stated in the General Plan. c) Upon public hearing review by the Planning and Zoning Commission and Town Council, any rezoning proposal which does not comply with the General Plan will be subject to denial by the Town Council. d. Determination of Adequacy et al. 111110. F:\OV\OV7\2006\0V7-06-03\Code drafts\PZ to TC 22.3c2.doc DRAFT MINUTES — PLANNING AND ZONING COMMISSIONfl)," STUDY SESSION — MARCH 6, 2007 taw Mr. Vella gave the staff report. He talked about the comments resulting from the first public open house regarding this issue. Chair Bistany presented a copy of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) with full text which he asked to be copied and sent to the Commissioners. Mr. Vella said he wanted to make it very clear that the Federal law is the driving force in this draft and the entire code draft before the Commission has been vetted by Legal. Attorney Andrews stated that the government cannot pass laws to substantially inhibit your right to religious freedoms. Comments by the Commission: -Were neighborhood associations included in the stake holder meetings? Noticed but didn't attend. - Do other municipalities have conditional use permits (CUP) in their zoning codes? • Yes, some do. - Potential for religious establishments locating in residential neighborhoods where they are out of scale with surroundings. - Need to handle traffic generated by larger churches. - Explore making a distinction between a residential zone and established neighborhood. - Parking and size are issues. -There should be a distinction between a church building on vacant land and buying existing built land. - Hours of operation and noise should be addressed. - How to justify additional heights? - The range of ancillary uses, especially school usage. - Narrow yard setbacks. - Consider varying standards according to residential zone. - If a church acquired an existing residential property, would the law allow a CUP for transition from an existing use to a new use? -Why not include conditional uses in all the districts? -Why is it not allowed in TP zone? -Are there any undeveloped areas where grandfathered uses might occur for churches to be located? - Concern that large subdivisions have a required church site set aside in the future. Paul Parisi, 363 Sunburst Place, suggested that the amendment be put on the consent agenda with Town Council, change conditional use to permitted use. Send it to Town Council and have them talk to the Town attorney. 8. Study Session, OV7-06-03, Amending Section 22.2 General Plan Amendment Procedures and portions of Section 22.3 Amendments and Rezonings, of the Oro Valley Zoning Code Revised. Jill Manion gave the staff report. This item was initiated by staff in order to address Growing Smarter legislation. Questions and concerns from Commissioners: - initiation process, - application for plan amendments, -due process considerations, - holding study sessions prior to public hearings, 'fir'' - getting advance notice of applications to the P&Z Commission, - notice provisions, - hearingitall applications together, 3 ovi) - concurrent(or not) hearing of plan amendments and rezonings, - clear differentiation between major and minor amendments, and - applying conditions on plan amendments. 9. Future Agenda Items 10. Planning Update - Miller ranch rezoning Town Council heard and approved subject to conditions. The proposed CC&R's were wrapped into the Exhibit A as part of the ordinance. -We are in middle of budget season, and are trying to coordinate the work plan with budget. It is best to consider the Work Plan in the fall to have input into the budget process, which is in January/February/March. -There is about $150 available for Planning and Zoning training. We will be trying to do some in- house training to provide boards and commissions with free continuing education hours. 11. Adjourn Regular Session at 10:00 p.m. By acclamation. Prepared by: Diane Chapman, Office Spq�,ialist NOTE: A complete audio of the above meeting is available at www.townoforovalley.com for one year after meeting date. • 4 DRAFT MINUTES PLANNING AND ZONING COMMISSION April 3, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM 1. Call to Order 2. Roll Call PRESENT: Chair Pete Bistany Vice Chair Doug McKee Commissioner Bill Adler Commissioner Ray Paolino Commissioner Teree Bergman Commissioner Honey Pivirotto arrived at 6:15 p.m. Absent:Commissioner Clark Reddin 3. Call to the Audience (Non Agenda Items Only) Martin Blattberg, 13560 N. Wide View Drive, Oro Valley, congratulated the Commission on the number of people at the meeting and asked why this was not possible when the matter of the crematorian came about. There are a lot of angry people in the Town. Ms. More stated that the Creamatorium issue was property development going to DRB, not a plan amendment or rezoning, and had different notification requirements. 4. Minutes MOTION: Commissioner Adler MOVED to continue approval of the minutes subject to more comprehensive discussion at the next Commission meeting. Vice Chair McKee seconded the Motion. Discussion: -The minutes as prepared do not reflect what Planning and Zoning Commission was saying. - Safety issues discussed were a central issue in a motion that failed. - Minutes technically only require record of motions and actions. Ms. More stated that: 1. Planning and Zoning Commission Rules and Procedures do no specify that extensive discussion be included in the minutes. 2. There are significant impacts on staff time directly related to Boards and Commissions, of which, Planning and Zoning Department is responsible for five boards and commissions. 3. With the new Grancius system, all the Boards and Commissions, including the Town Council, are moving to much more abbreviated minutes. The entire audio of this meeting is streaming on-line at this time and is available for one year with easy search capabilities. Chair Bistany asked Ms. More to make a presentation at the next Commission meeting on the impact on staff relating to the workload, and the Commission can discuss the pros and cons of abbreviated minutes. Motion carried 4 yes, 1 no. Commissioner Bergman voting no. April 3, 2007 Draft Minutes Planning and Zoning Commission 5. Public Hearing, OV9-06-01, Norris Design, representing The Johansen Group, LLC., request approval of rezoning request from R1-144 to C-N Neighborhood Commercial for the property located on the east side of Oracle Road and south of Calle Diamante. Applicant Stacy Weaks, representing Norris Design, 418 N. Tool, Tucson, gave a PowerPoint presentation on The Garden Gate. The Garden Gate is a landscape design, maintenance, installation company. Based on the 1.32 acre site and small professional business use, it is a fitting use and blends with the transition into the C-1 area where Shoppes at Oracle is currently being developed. Questions brought up at the HOA meeting held on 11/29/06 regarded: lighting considerations, location of building in relation to the existing residential access, and treatment of existing wall between the two properties. Hours proposed will be reasonable for a professional business; this will be a low traffic generator; and there will be minimal lighting impact with bollards and sconces on the building and no up-lighting. The site is designed with a 60 foot setback from existing residential. It is compatible with adjacent residential, with scenic corridor goals and objectives, and the 2005 General Plan. Response to questions: - Seven to nine people will be employed. -Trevor Johansen, a partner, 8500 E. Old Vail Rd, Tucson, will be a resident of Oro Valley and there may be other residents hired. -Volume of traffic will be approximately 50 trips per day. -The firm is seven years old, Tucson based, provides landscape construction, maintenance service, sale of large cactus. (70% construction, 30% maintenance.)This site will be for purpose of design and will have a showroom. - This is an expansion of business. Both sites will be kept. No maintenance vehicles will be on the property. -The project is fully funded to build. -There is no noise study, but an intense 15 foot buffer will be at the back of the property. - Business hours will be Monday- Saturday, 8:00-5:00, 8:00-6:00, or 7:00-5:00, by appointment only. - Business will serve the surrounding neighbors as well as all of Oro Valley. - Fencing around display plants will be a combination of masonry and metal. -Water harvesting via grading only, with no holding tanks. - No right turn is required per ADOT's review of the traffic analysis. Ms. Pelletier, Planner, gave the staff report. Discussion followed regarding: - General Plan designation encourages certain types of uses but allows for rezoning to both C-1 and CN. The Zoning Code allows this use. - Staff had looked at uniformity provisions in state law. In this case the site utilization, layout and design are severely constrained. A future office use going in this site would require going back to Town Council if there were changes in the configuration, etc. - If this project is not approved, another use could product more traffic, and ADOT may not require a turn lane in the future. - Section 23, Table of Uses Chart indicates that business and professional offices are permitted without any additional performance criteria in C-N designation. The intent of this zone indicates that it should be small offices and service centers within a short distance from adjacent neighbors. Staff is trying to balance a busy arterial state highway and a zoning designation for neighborhood commercial which is supposed to be fairly low scale, with a recommendation based on this proposal, the site design, the traffic impacts. The Code does not restrict uses to anything in that office category to only serve a small area. There is somewhat of a contradiction with the text and the matrix. -To protect against future problems such as traffic, a condition could be keyed to a performance standard such as the ADT, so if a future use is greater than that which is indicated in the applicant's submittal, it must come back to Planning and Zoning Commission and Town Council for approval. 2 April 3, 2007 Draft Minutes Planning and Zoning Commission -ADOT could look at the maximum traffic that could be generated for this site with other uses to see if a turn lane would be required. PUBLIC HEARING opened at 7:05 p.m. Dick Parcel, 211 E. Mountain Sunset Place, was concerned about the drainage ditch. Drainage is severely affecting his property and two others now. What will happen when Shoppes at Oracle are put in? Sue Wuestman, 212 E. Mountain Sunset Place wanted clarification on who to speak to regarding drainage. PUBLIC HEARING closed at 7:15 p.m. - The uses delinated in the Table of Uses are part of the Code and are permitted uses. MOTION: Commissioner Bergman MOVED to approve OV9-06-01, Norris Design, representing The Johansen Group, LLC., the rezoning request from R1-144 to C-N Neighborhood Commercial with the conditions in Exhibit A and an additional condition that the traffic be submitted to ADOT for re- evaluation based upon the average daily traffic for the most intensive use that would be permitted in this district. Commissioner Pivirotto seconded the motion. Motion carried with 5 yes, 1 no. Commissioner Adler voting no. Break from 7:15 to 7:25 p.m. 6. Public Hearing, OV9-07-002, The Planning Center, representing NCH Corporation, proposes a text amendment to the Permitted Uses and Development Standards for the CPI Land Use District within the Rancho Vistoso PAD to add Hotel and Motel to the permitted uses within the CPI zoning district and to allow for a maximum height for hotels/motels up to 75 feet to top of parapet or top of mechanical penthouse. Applicant Bob Conant, 110 S. Church Street, Tucson, gave a PowerPoint presentation. A trend is developing of putting hotels in industrial parks which allows sales people and others traveling for corporations to be close by. Applicant is asking for 75 feet in height for efficiency in the footprint of the building and in service to clients. Applicant has no objection to the other development standards staff is recommending. The finished floor elevation of the proposed hotel will be 7.5 feet lower than the Northwest Medical Center Oro Valley. The hotel design won't particularly impare views from west and southwest. Answers to Commissioner's questions: - The back of the hotel will face Tangerine Road. - Less than 6 stories would take up much more land area to get the number of rooms. - 75 foot height will not go above the ridgeline to the east. - Residential components to west and southwest sit higher. - Ridgeline to east is unbuildable. - Setbacks are 4 to 1 as required from staff. - Parking will be hidden from view from Tangerine Road. - This request is for this specific site. -A General Plan amendment is not necessary. - Josh Westling, NCH Corporation, 2850 E. Skyline Dr., Tucson. There will only be back lite signage on the building. Signage is necessary to identify the building, ideally up high. Applicant is willing to conform to signage standards. - Signage is reviewed by staff and DRB, including location. - The water park will have a swimming pool, hot tub and maybe a waterfall. No multiple slides. - Mike Carlier, 630 Mystic Place, Oro Valley. Hotel is necessitated by the hospital and industrial site in the area. Ventana Medical alone buys 4,000 room nights per year, which would be in this facility. 3 April 3, 2007 Draft Minutes Planning and Zoning Commission Matt Michels gave the staff report. -Text amendment to allow hotels in CPI is not limited to this specific site, but the increased height would only be allowed along Tangerine Road in this area. -The PAD amendment encompasses both use and height. - Conditions could be proposed on part of the package. -A hotel needs study has been done and will be provided to the Town Council. - Commercial land in the area will eventually be developed and will have a visual impact. The goal is that is won't be a negative impact. PUBLIC HEARING opened at 8:10 p.m. Elise Lomas, 2162 E. Tabular Place, Oro Valley, asked what other PAD's allowed buildings up to 75 feet. She was concerned that parking could be an eyesore, and will this set a precedent for future building? Wayne Krouse, 13763 N. Placita Meseta De Oro, Oro Valley. Staff indicated there is very little CPI zoning except for in that area. The CPI zoning is on both sides of Innovation Park Drive to Rancho Vistoso Blvd., to Oracle Road through Rancho Vistoso Blvd. into Innovation Park Blvd. and about 2 miles up Oracle Rd. A variance could be allowed for this application rather than changing all of CPI. He had concerns about the water park size, that the building would look massive, that CPI will be next to residential district, that lights be low impact. Plans should be presented to architects of Vistoso and Sun City. Rates should be low for hospital visitors. Mike Parr, 577 W. Quiet Springs, Oro Valley, agreed with Mr. Krouse on the use of a variance. He likes the project, but doesn't think 75 feet makes a lot of sense in other places. Robert Peck, 11932 N. Labyrinth Dr., Oro Valley, is opposed to the hotel and the 75 feet. His concerns are that a 75 foot building would be much more massive looking than shown; the area could become like a hotel or motel row of 75 foot buildings; and that there were not more people here. PUBLIC HEARING closed at 8:25 p.m. Discussion: Vice Chair McKee said this hotel will benefit the hospital. There are other hotel/motel developments being built. This is not a resort hotel, but mainly to support local industry. If all hotels discussed were built and annexed in, there would be 355% more hotel rooms than there is today. Scarce land originally laid out for high tech business is being converted for a hotel. This should have gone through the GP process with more study. He cannot support this at this time. Other details of concern: lighting, signage, ridgeline impacts, not being submitted to Sun City HOA and their architectural review committee. MOTION: Vice Chair McKee MOVED to deny this application primarily on the grounds that it should have gone through the General Plan amendment process rather than a PAD amendment process. Commissioner Paolino seconded the motion. Discussion: Commissioner Bergman's said there is sufficient precedent for other projects in the area so it doesn't require a GP amendment. The synergy between hospitals, industrial parks and hotels is well documented. She is troubled by the 75 foot height. The hospital is a landmark signature building in the area. Other buildings of a similar height set a dangerous precedent for future development and how it might change the character of the area. She can't support the height in that location. Chair Bistany said the hotel is a good adjunct to the hospital. He will not support the designated area for the 75 foot height, but will support the hotel for 75 feet height on the instant lot only. Commissioner Paolino will support the motion to deny on the same basis as Vice Chair McKee's and Commissioner Bergman's reasons. He is opposed to the 75 foot height. Commissioner Adler will support a motion to allow hotels in the zone as long as they are designed within 4 April 3, 2007 Draft Minutes Planning and Zoning Commission the existing height limitation. He will accept the need for a hotel in this location. The 75 foot height would be intrusive and disruptive of character. MOTION to deny failed on a 3 yes, 3 no vote. Commissioners McKee, Paolino and Adler voting yes. MOTION: Commissioner Bergman MOVED to recommend approval of OV9-07-02, amending the Rancho Vistoso Planned Area Development, Section 1.3.A, Office Park Development Standards, by adding Hotels to the permitted uses at the height already permitted in the PAD. Commissioner Adler seconded the motion. Discussion: Commissioner Adler said if the hotel were lowered, it would have to occupy more space. Is the site adequate or would additional parcels have to be purchased? What obstacles would arise from doing so? Ms. More said the proposal before you would not conform to the 4:1 setbacks proposed by staff for a 75 foot tall building. If they were to reduce the heights, the site area would have to double to get the same number of rooms. The design could be changed. MOTION carried 4 yes, 2 no, Vice Chair McKee and Chair Bistany voting no. 7. Public Hearing, OV7-07-01, The Town of Oro Valley Planning and Zoning Department requests a text amendment to Section 24.1.D.5, Tangerine Road Corridor Overlay District, Utility Easements, in the of the Oro Valley Zoning Code Revised. Matt Michels gave the staff report. - The CUP permit with conditions specifying a future date that the power lines would be Taw undergrounded would be enforceable if a condition was set forth either specifying a specific time by a certain date, or that it be concurrent with an event such as the widening of Tangerine Rd. -The Town is exploring funding sources, specifically a franchise agreement with TEP. - The interpretation is that replacement poles would be treated as new and/or additional and would use the same criteria. - If this Code amendment is not adopted, the impact would be that any new facilities would need to be undergrounded at the time of request. There is a special provision within this section of Code specific to the Tangerine Corridor that does not apply to any other area of the Town. The Code as written does not leave the Council the option of overriding this provision as a discretionary item. -The basis of the finding regarding funding is there currently is not a funding mechanism in place either via TEP's rate structure or by the Town's budget structure. - Overhead utility lines are subject to CUP throughout the Code in different zones. They must be expressly permitted in the Code. This Code amendment will help to clarify that the overlay zone does not override the general provision. - Identifying a specific timeframe for the CUP condition to underground could be a specific trigger such as improvements to the road. PUBLIC HEARING opened and closed with no speakers. MOTION: Vice Chair McKee MOVED to recommend denial of the text amendment (to Section Vlif 24.1.D.5, Tangerine Road Corridor Overlay District, Utility Easements) on that basis that it is not needed. Motion fail for lack of a second. 5 April 3, 2007 Draft Minutes Planning and Zoning Commission MOTION: Chair Bistany MOVED to recommend approval of OV7-07-01, text amendment to Section 24.1.D.5,Tangerine Road Corridor Overlay District, Utility Easements, in the Oro Valley Zoning Code Revised. Commissioner Bergman seconded the motion. Discussion: Commissioner Bergman said this is a reasonable amendment to put in place. It is not good public policy to have a provision that can't be followed, forcing the Council to make exceptions. Motion carried 5 yes, 1 no. Vice Chair McKee voting no. 8. Public Hearing, OV8-06-05, The Planning Center, representing, Tucson Electric Power(TEP), requests approval of a conditional use permit to allow for the replacement of existing power poles and electric utility wires, located along the south side of Tangerine Road between La Cholla Boulevard and La Canada Drive. Applicant Larry Lucero, Manager of Government Relations for TEP, 1 S. Church, Tucson, 85701. TEP and Oro Valley customers are facing an overload situation again. Two areas, Rancho Vistoso circuit 24 and circuit 45, have had extreme overload situations creating a need for a remedy. The solution is to construct on Tangerine Road a new feeder tie between La Cholla and La Canada.Without this solution, it limits TEP and the Town's ability to add new customers. Overloads shorten the life span of TEP's equipment resulting in an increase to overall customer cost. Outages will continue to become more severe and lengthy. TEP will accept the conditions and recommendations of staff. Tangerine Road widening will occur sometime in the 2nd quarter of the RTA's plan, 2011 to 2016, which will trigger the undergrounding of wires. By then a funding mechanism should be in place to address the financial aspect. - This will help relieve stress on the current equipment and will lengthen the life span and thus benefit the customers. -This feeder line needs to go on a separate set of taller poles and it would need twice the number of poles than there are. This is the least cost option at TEP's expense. - The easement on Tangerine is owned by TEP and to move the lines into public right-of-way, the requestor will participate in the cost of the relocation. Mr. Michels gave the staff report. -Visual impact of pole heights is subjective. - Cost differential of using taller poles to include carrying the 138 Kv line has not been determined. MOTION: Commissioner Paolino MOVED to recommend approval of OV8-06-05, Conditional Use Permit for the replacement of existing power poles and electric utility wires, located along the south side of Tangerine Road between La Cholla Boulevard and La Canada Drive, with the additional condition that these lines be moved underground when the road is widened. Vice Chair McKee seconded the motion. Mr. Michels clarified that the motion should have read in the staff report"for the addition of new power poles and electric utility wires" instead of replacement of existing. AMENDED MOTION: Commissioner Paolino MOVED to recommend approval of OV8-06-05, Conditional Use Permit for addition of new power poles and electric utility wires, located along the south side of Tangerine Road between La Cholla Boulevard and La Canada Drive, with the additional condition that these lines be moved underground when the road is widened. Commissioner Bergman seconded the motion. Discussion: Commissioner Adler asked if the maker of the motion would amend the motion to include that an additional suggestion of higher poles for the new line be considered. 6 April 3, 2007 Draft Minutes Planning and Zoning Commission Neither Commissioner Paolino nor Commissioner Bergman wished to amend the motion. Motion: 5 yes, 1 no, Commissioner Adler voting no. 9. Public Hearing, OV7-06-03, proposed Amendment to the Oro Valley Zoning Code Revised to insure compliance with Growing Smarter Plus statutes by revising portions of Section 22.2 General Plan Amendment Procedures and Section 22.3 Amendments and Rezonings. Jill Manion-Farrar, Planner, gave the staff report. Discussion following regarding: - Section 22.3.c lists application requirements for rezoning. Staff is working through all submittal requirements refining and adding to the checklist. -An applicant's application, proposing to amend the GP, needs to be consistent with the vision, goals and policies of the GP and support his conclusions. The burden of presentation is the applicants. -A checklist is needed at the point of initiation to give to the applicant so he is fully aware of what is needed. -The checklist should not be in the Zoning Code. -These amendments are not generally staff initiated. It is important to differentiate between submittal requirements and presentations. Submittal requirements were taken out of the Code and are being recreated by staff in a separate submittal document that could be handed out. The Planning and Zoning Director has the option of asking for additional information. The burden of proof must be upon the applicant or applicant must demonstrate. - State Statute and the Code states that any application for a GP amendment prior to coming to public hearing will be transmitted to every member of the Planning and Zoning Commission and Town Council. - Section 22.2.B "Any changes in land use must conform with GP land use", needs to be clarified. - Section 22.3.0 Modify title to include "rezoning". - Section 22.2 last page of attachment, not being able to submit another amendment within a year of original hearing should say, "from the denial of Town Council". - Growing Smarter legislation allows an applicant to ask for a reconsideration by the Town Council. A State Statute provides a provision that the applicant may reapply. - Since eliminating the initiation step, the language in the GP addressing critera for determining an initiation should be added to the criteria for the adoption of the amendment. See 3rd Paragraph in the GP Preamble. -An amendment to the GP is not going to be asked for unless something is changed that would warrant the request. The language in the GP is better than the idea of looking at market studies. Staff would be open to amending the language to include this and delete the market demand issue. - Section 22.2.D.1.a "Amendment to land use map initiated by the Town or by a land owner", needs to be clarified that it is the land owner of the property. %ow - Section C.3.b Public schools are not subject to the process. 7 April 3, 2007 Draft Minutes Planning and Zoning Commission -All entities higher than municipal government are exempt, i.e. counties, state, etc. PUBLIC HEARING opened and closed with no speakers. MOTION: Commissioner Paolino MOVED to approve OV7-06-03, providing the comments of various Commission members are taken into account in amending. Chair Bistany seconded the motion. Commissioner Bergman asked if staff is comfortable with that motion. Ms. More and Ms. Manion-Farrar replied, yes, they are clarity items. Motion carried unanimously. 10. Discussion and Action, Planning and Zoning Commission elections_ Chair Bistany is stepping down from Chair position as of June 1, 2007. He is not leaving the Commission. A new Chair needs to be elected. MOTION: Commissioner Bergman MOVED to suspend the annual September election in favor of holding the current election. Commissioner Paolino seconded the motion. Motion carried by acclamation. MOTION: Chair Bistany MOVED to nominate Vice Chair McKee as Chair. Commissioner Bergman seconded the motion. Motion carried by acclamation. MOTION: Commissioner Pivirotto MOVED to nominated Commissioner Bergman as Vice Chair. Commissioner Bergman seconded the motion. Motion carried by acclamation. 11. Future Agenda Items - Discussion of ways that the Town could deal with requests on a case by case basis. Understanding we cannot make rezonings that are conditioned upon a specific land use, if we could look at other Code mechanisms to accomplish the same thing. - Have a Study Session and consider an Open House on the proposed changes to Neighborhood 3 as it involves the entire community. Staff will distribute a list compiled from the past year of items that were to be agenda items. 12. Planning Update - Open house Naranja town site next Monday. - Moving forward on budget discussions finish earlier this year. -Will be presenting to TC a resolution from Sierra Club to consider opposition to Rosemont Mine. -Will be bringing the TEP and SWG franchise agreement within the next couple of months. -Will be continuing with Town Council on a resolution for Town facilities to conform to a LEED standard. - Should talk about sustainability and implementation measures in the community. 13. Adjourn Regular Session at 11:00 p.m. Prepared by: V Diane Chapman, Office Sp ialist 8 13 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 2, 2007 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Senior Planner SUBJECT: OV12-86-09G, Psomas, representing Electronic Communities, requests approval of a preliminary plat for Pusch Ridge at La Reserve Lots 1-12, located within the La Reserve Planned Area Development. EXECUTIVE SUMMARY OF APPLICATION: Nature of Application: The preliminary plat stage involves resolving all design and site layout issues related to zoning requirements and specifications of all reviewing agencies. Once recommendations are made by staff, the preliminary plat is reviewed by the Development Review Board (DRB), which in turn forwards the application with its recommendation to Town Council. Preliminary Plat approval constitutes authorization for the applicant to proceed with preparation of engineering plans for public improvements. Current Site Conditions: • The La Reserve Planned Area Development designates this parcel as residential. • The subdivision consists of 29 acres. • A portion of this site has been previously graded due to approval of improvement plans (paving, grading, sewer etc.) associated with a previously approved plat. • The topography of the site consists of relatively steep slopes. • A mix of native vegetation is found throughout the site. Proposed Improvements: • A total of twelve single family lots. Eight lots are located in the lower portion past the existing bridge and four are located in the upper portion along the ridgeline to the east. • The average lot size is 18,475 square feet. • Common Area"B"will be left as open space. Development Review Board Action: At their regular meeting of April 10, 2007, the Development Review Board voted to forward the preliminary plat to Town Council for review, noting a resident's concern regarding the roads leading into the development, and the possible need for a stop sign. TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV 12-86-09G Page 2 of 4 BACKGROUND: Approvals to Date: • Town Council approved a final plat for lots 1-31. This plat included the lower portion of the In 1987, pp subdivision currently being reviewed (previously lots 1-11). Lots 1-11 are now being resubdivided into lots 1-8. • In January2007, Town Council approved a resubdivision for lots 13-31 (portion of lots 1-31 approved pp in 1987). Surrounding Land Uses: Orientation: Zoning: Land Use: Northwest La Reserve PAD — Campus Foothills Business Park. Park Industrial Northeast La Reserve PAD - Residential Pusch Ridge Subdivision. South La Reserve PAD - Residential La Reserve Parcel T Subdivision. Southeast La Reserve PAD - Residential La Reserve Parcel 0 Subdivision. ANALYSIS OF OVZCR 22.6.B DEVELOPMENT REVIEW CRITERIA: "In considering anyapplication for development review, the Development Review Board shall be guided"by a pp specific list of criteria when deliberating (see Section 22.6.B, OVZCR). The following is a list of noteworthy criteria (in italics) followed by staff commentary: 1. The Development Review Board shall examine the application to insure that all provisions of this Code and all other Codes, master plans, general plans and standards of the Town shall be complied with where applicable. A. GENERAL PLAN COMPLIANCE: In particular, the following General Plan Policies apply: • Policy 1.1.2, "The Town shall continue to consider development impacts on natural rolling terrain and emphasize low density developments in these areas. This will include evaluating areas with slopes of 15 percent and greater for development compatibility and safety, with the possibility of preservingthem as natural open space. " The lots along the upper ridge (9-12) are located within areas of steep slopes. The slopes along the ridgeline exceed 15 percent in slope and minor encroachments will occur as permitted in the PAD. The majority of the significant sloped areas will remain as natural and undisturbed. • Policy11.3.1, "View protection is to be an essential aspect of the development review and project a roval. " The lots along the ridgeline will be highly visible from the surrounding area, pp specifically sp y from Oracle Road. The PAD takes precedence allowing them to position the lots in this manner. F:\OV\OV12\1986\12-86-09G\reports\TCrpt5-2-07.doc TOWN OF ORO VALLEY -2OUNCIL'COMMUNICATION, OV12-86-09G Page 3 of 4 B. LA RESERVE PLANNED AREA DEVELOPMENT (PAD): The plat is in general conformance with the development standards of the PAD. In general, the PAD takes precedence over OVZCR requirements. A recreation area is not required per the PAD; however, the developer will provide a community recreation building east of this site to serve the surrounding subdivisions. C. OVZCR COMPLIANCE: The plat is in general conformance with applicable OVZCR requirements. The PAD takes precedence. Addendum A - Design Guidelines "Maintain integrity of hillside and ridgelines" No encroachments have been proposed within the designated Hillside Development Zone as specified in the PAD; however, other encroachments into the hillside will occur in accordance with the PAD standards. "Tops and toes of slopes should be rounded to blend with the natural grades" Retaining walls will be utilized due to the grading necessary along the ridgeline for lots 9-12. The landscape treatment adjacent to the slopes will be critical to minimize impacts along the ridge. These areas will be landscaped in accordance with the PAD requirements. 3. The proposed development shall promote a desirable relationship of structures to one another, to open spaces and topography both on the site and in the surrounding neighborhood. The proposed homes will be located along the ridgeline visible from Oracle Road. The lower lots (1-8) are relatively flat in a previously graded area. The upper lots (9-12) are located along the ridgeline within areas of steep slopes. A large portion of the steep slopes along the ridgeline are designated as open space and will remain natural and undisturbed. 4. The height, area, setbacks and overall mass as well as parts of any structure (buildings, walls, signs, lighting, etc.) and landscaping shall be appropriate to the development, the neighborhood and the community. Adequate setbacks and bufferyards have been provided in accordance with the PAD requirements. D. ENGINEERING REVIEW Drainage Resubdivision of this site was recently approved in January 2007 by the Oro Valley Town Council. As part of lis resubdivision, four (4) residential lots (9-12) will be incorporated into an area previously platted as Illlsrommon area in the existing final plat. A new drainage statement was submitted as an update to the existing drainage report. The proposed improvements associated with the resubdivision will result in very minor modifications to the overall drainage conditions. F:\OV\OV 12\1986\12-86-09G\reports\TCrpt5-2-07.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION1 OV 12-86-09G Page 4 of 44 Specific drainage issues resulting from the plattingof four additional custom lots on the east end of this site shall be addressed as part of the Type I grading permit processes. Grading previously graded under a type II grading permit according to approved improvement A portion of this site was pre y yp type II An additional t e grading permit will be required to construct the plans (paving, grading, sewer etc.). private drive access to lots 9-12. Type I grading permits will be required for each of the four proposed custom lots (lots 9-12). Traffic be required for this residential resubdivision. However, design of the driveway access No traffic statement will q to lots 9-12 is subject to mountainous terrain criteria as established in AASHTO Guidelines for Geometric A lication of these criteria in conjunction with the La Design of Very Low-Volume Local Roads (2001 Ed.). Application Reserve Planned Area Development can be found in Pusch Ridge, Lots 1-81, OV 12-04-06 project. SUMMARY OF FACTORS: Factors For: preliminary plat meets all applicable OVZCR and La Reserve PAD requirements. 1. The p y p 2. The proposal conforms to all applicable General Plan policies. 3. The Development Review Board voted to forward the plat to Town Council for review. 4. The La Reserve Homeowners Association has approved the proposed plat. Factors Against: 1. None. SUGGESTED MOTION: The Town Council may wish to consider one of the following suggested motions: with OR deny]move to [approve, approveconditions, OV12-86-09G, Psomas, representing Electronic Communities, requests approval of a preliminary plat for lots 1-12. F:\OV\OV12\1986\12-86-09G\reports\TCrpt5-2-07.doc TOWN OF ORO VALLEY 7OUNCIL COMMUNICATION, OV12-86-09G Page 5 of 4 Attachments: 1. Preliminary Plat cc: Pattie Davis, Fax 292-1290 .7\\\) LI --a(42/ \ v/ ' lki(04k. 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W " �: 'ii li �-I')cn �D r I� N � ^ �Z -I W 'Z ,)mC liO�A $� J o �►r C * w O C �,0D m 7 V C 9(J r9-o , N. 2_ Vl a oe - -—- r.' m no=�� m D2 Q , j rn N N i mrd ^' C�70v (nm___. N D� air Dr- N D _ S 4ZZ� �fDTlNN R -Gi OX - n AP J.`, cp. ? ti Rcli ON �.PO� m g �,`j r : v m j p D` \ cn D2e7�=�'O v� �1 f=Q7 I `fTl(Jr z0 1 m% 2 N m O IOri W I O a TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE MAY 02, 2007 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Scott Nelson, Special Projects Coordinator SUBJECT: DISCUSSION AND/OR POSSIBLE ACTION REGARDING THE SOUTHWEST AREA ANNEXATION SUMMARY: The Southwest Planning Area is 2.2 square miles of mostly developed residential neighborhoods and commercial districts; it is considered an urbanized area. This area is bounded by Overton Rd. to the North, Shannon Rd. to the West, Ina Rd. to the South and La Cholla Blvd. to the East. 1,456 property owners reside in this area, and the total assessed value of their properties is $410,000,000. Arizona State statutes require that for an annexation to be successful, 50% +1 of the property owners representing 50% + 1 total assessed value must have signed petitions. On November 1, 2006 the Town Council approved the initiation and funding of the Southwest area annexation plan. As a part of that annexation plan, staff has been meeting with large commercial land owners about their proposed terms for pre- annexation and development agreements (PADA) and economic development agreements (EDA). Those terms and updated fiscal impacts were presented to the Town Council in Executive Session on April18, 2007. Additionally since November staff has conducted meetings with area residents, home owner association's leadership and southwest planning area businesses to determine if there is interest and/ or political will to pursue an annexation. The results of those meetings have been mixed due to concerns from property owners over the potential for future taxation. Based on the terms proposed by the large commercial land owners for consideration of their pre-annexation and development agreements (PADA) and economic development agreements (EDA), and the current concerns of residential property owners, it may not be feasible to move forward with this annexation at this point in time. Staff therefore respectfully requests that the Mayor and Town Council consider tabling the Southwest area annexation. ATTACHMENTS: 1 . Southwest Area Annexation Map SUGGESTED MOTION: I move to table the Southwest Area Annexation. Or I move to 4.ZL Scott Nelson, Special Projects Coordinator f 76/ ctiV t*-' Saah More, Planning and Zoning Director -rene Watson, Assistant Town Manager .L. 4111/11 David Andrews, Town Manager ' t'''''' I , , T.Ts, , -::,„,,,,_,„,i_.,-ii- „.:,;( ,....,----,., r:,,, ....„,, ,...,.: , , --,,,,,,-----, , 74, E WR•ov� , _ _ .»i f , €y ` , p }0 I �W t i a' ' .• 's 4 , Cha►/',� - y;- fir ^{ ? 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