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HomeMy WebLinkAboutPackets - Council Packets (1017) **AMENDED (4/17/06, 4:45 p.m.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 19, 2006 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:30 PM CALL TO ORDER ROLL CALL —Presentation byPublic Works regarding the Equipment Rodeo Winners and Demonstration (Oro Valley Town Hall Parking Lot) PLEDGE OF ALLEGIANCE — led by the Poppy Princess UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT They 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 whaty ou wish to discuss when completing the blue speaker card. 1. PRESENTATIONS ** - Presentation by the Casas Adobes American Legion Auxiliary#73 Poppy Princess Kalie Armbruster and District 2 President Irene Austin ** - Presentation by Stacey Lemos, Finance Director regarding overview of 2006/2007 proposed budget. 04/19/06 Agenda, Council Regular Session 2 2. CONSENT AGENDA In accordance with Section 2-4-6 of the Oro ValleyTown Code, items Consent Agenda Mems are items of business that are of a routine nature and shall be introduced by a motion "To approve the Consent Agenda", and shall all be considered by the Council as a single item. There shall be no debate or discussion by any member of the council regarding anyitem on the consent agenda, beyond asking questions for simple clarification. Any consent item may be pulled at the request of a council member onlyand considered individually. The item pulled from the consentmay agenda be discussed with full debate. (Consideration and/or possible action) A. Minutes — 03/27/06 B. 2005/06 Coyote Run Monthly Report — March 2006 C. Building Safety Report — March 2006 D. Resolution No. (R)06-26 Authorizing and approving a contract with Economics Research Associates (ERA) in the amount of $62,500 for the preparation of Economic Vitality (Fiscal Impact) and Overhead Cost Allocation Models E. Resolution No. (R)06-27 Approving a Tentative Memorandum of Understanding between the Town of Oro Valley and the Public Safety Negotiation Committee on behalf of the Town's Public Safety Employees Group for the period July 1, 2006 through June 30, 2007 F. Resolution No. (R)06-28 Declaring support to develop a Regional g Transportation Plan and designating an initial contact person to act on its behalf in identifying regionally significant routes for Pinal County G. Appointment of James Dunn, David Parker and Glen Rockwell to the Storm Water Utility Commission effective July 1, 2006 — June 30, 2008 H. Reappointment of Al Kunisch, Sybil Needham and Pamela Sarpalius to the Historic Preservation Commission with terms effective July 1, 2006 — June 30, 2008 I. Reappointment of John Hickey, Colleen Kessler and Bart Schannep to the Board of Adjustment with terms effective July 1, 2006 — June 30, 2008 J. OV12-03-14 Request for approval of a final plat for a shopping center known as Oracle Crossings that includes retail, office, restaurant etc. within an approximately 40 acre C-2 (commercial) zoned site, located at the southwest corner of Oracle and Magee Roads, just south of the existing Entrada de Oro Shopping Center; Parcel #'s 225-50-0020, 225-50-0030, 225-50-0050, 225-50-0060, 225-51-3830, 225-51-3840, 225-51-3850, 225-51-3860, 225-51-3870, 225-51-3920, 225-51-3930, 225-51-3880, 225-51-3890, 225-51-3900, 225-51-3910 and 225-51- 3940. 3. PRESENTATION OF CELLULAR TOWER HEIGHT RESTRICTIONS ON PUBLIC SAFETY COMMUNICATIONS 04/19/06 Agenda, Council Regular Session 3 4. OV1 2-05-01 REQUEST FOR APPROVAL OF A MASTER DEVELOPMENT PLAN FOR A COMMERCIAL CENTER, LOCATED IN PROXIMITY TO THE SOUTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, DIRECTLY SOUTH OF THE CIRCLE K, PARCEL 225- 14-166B (CONTINUED FROM APRIL 5, 2006) Explanation: Alpha Engineering, representing Cape Coral Land Co., is p p requesting approval of a Master Development Plan for a commercial q g pp center. The site is 4.66 acres and is zoned C-1, Commercial District. The project will consist of a restaurant and office uses. 5. PUBLIC HEARING, ORDINANCE (0)06-06, OV7-05-06, AMENDING THE ORO VALLEY ZONING CODE REVISED. THE PROPOSED CODE AMENDMENTS ARE TO THE OVZCR CHAPTER 23, ZONING DISTRICTS; CHAPTER 25, USE REGULATIONS; CHAPTER 27, GENERAL DEVELOPMENT STANDARD; AND CHAPTER 31, DEFINITIONS Explanation: Sexually oriented business regulations. 6. DISCUSSION OF THE STRATEGIC IMPLEMENTATION OF GENERAL PLAN POLICIES 7. UPDATE ON THE ENVIRONMENTALLY SENSITIVE LAND ORDINANCE 8. DISCUSSION AND/OR POSSIBLE ACTION TO AMEND FISCAL YEAR 1, 2005/2006 PLANNING AND ZONING WORK PLAN 9. DISCUSSION AND/OR POSSIBLE ACTION REGARDING PARADE COMMITTEE ACTIVITIES, COMMITTEE MAKEUP, COMMITTEE RESPONSIBILITIES AND AUTHORITY 10. 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 whatY ou wish to discuss when completing the blue speaker card. ADJOURNMENT 04/19/06 Agenda, Council Regular Session 4 POSTED: 04/07/06 AMENDED AGENDA POSTED: 04/17/06 4:00 p.m. 4:45 p.m. lh lh Nor When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at least five days prior to the Council meeting at 229- 4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on such topics at the discretion of the Mayor and Council. If you wish to address the Town Council on any specific agenda 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 on which you wish to speak. If you wish to speak during "Call to Audience", please specify what topic you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor calls your name to speak on 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. s a %n.A"l LI Pd: IN RECOGNITION of your outstanding support of the AMERICAN LEGION AUTXiT.IARY POPPY PROGRAM On behalf of America's veterans ,,,gyp• /I/ 11 thank you. Attlinft 11111" „it \O (Signature) _4;17-;s;A A.11‘`2. (Title) LiOLL. 0 is i Rye,i `fir.hX5Q-AkiNk RV\AA3 �" � d (Date) 0 r TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION MEETING DATE: April 19, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Stacey Lemos, Finance Director SUBJECT: Overview of FY 2006/07 Town Manager Recommended Budget SUMMARY: With the delivery of the FY 2006/07 Town Manager Recommended Budget to the Mayor and Council this evening, staff would like to make a brief presentation highlighting the main elements in next year'sbudget. Budget study sessions with the Mayor and Council will commence May 1st and g continue throughout the month of May. A budget calendar is attached to this communication for your information. RECOMMENDATION: Informational Item Only SUGGESTED MOTION: Informational Item Only ATTACHMENT: 1. FY 2006/07 Budget Calendar i-6. 1_/,..is Stacey Le s Finance Di ctor r f ,A) , 't, (,. /ii( ''Z/:'f 4,44...„... David L. Andrews Assistant Town Manager 0 1 / . , .. , V Chuck Sw=et Town Manager G:\STACEY\Council Communic\RecomBudgetOvervw.DOC I TOWN OF ORO VALLEY FINANCIAL PLANNING CALENDAR FISCAL YEAR 2006-2007 DATE ACTIVITY April 19 Deliver proposed Tentative Budget to Mayor and Council, Finance & Bond Committee May 1 — May 31 Council's Budget Work Sessions (Including Finance & Bond Committee) June 1 — June 8 Finance prepares budget packet materials for delivery to Manager's Office (June 9 Packet Distribution Date) June 21 Adoption of Tentative Budget June 22 — July 1 Finance prepares budget packet materials for delivery to Manager's Office (July 7 Packet Distribution Date) June 23 & June 30 Publish Tentative Budget July 19 Adoption of Final Budget July 17 State-imposed deadline for adoption of Tentative Budget Schedule of Council's Budget Work Sessions Monday, May 1 Overview/Administration/Revenues Monday, May 8 Police/Court/Legal Wednesday, May 10 Community Development Monday, May 15 Public Works Thursday, May 25 Water Utility Wednesday, May 31 Reserved — Open Session G:\BUDGET\FY 06-07\Budget Schedule.doc A DRAFT MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION MARCH 27, 2006 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION: AT OR AFTER 5:30 P.M. CALL TO ORDER at 5:34 p.m. ROLL CALL: PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Helen Dankwerth, Council Member Kenneth Carter, Council Member Paula Abbott, Council Member Conny Culver, Council Member Barry Gillaspie, Council Member (arrived at 5:37 p.m.) GUEST 4111, SPEAKERS: Dr. Byron Bissell, Consultant Pat Abel, Assistant Fire Chief for Golder Ranch Fire District Andy Smith, Communications Supervisor for Golder Ranch Fire District Les Caid, Fire Chief for Rural Metro Fire Corporation 1. REVIEW AND DISCUSSION OF THE EMERGENCY CRITERION (FIRE & EMS) ACHIEVEMENT FISCAL YEAR 2004/2005 QUARTERLY REPORTS Chief of Police Daniel Sharp explained the on July 21, 2004, the Mayor and Council adopted fire service performance standards and criteria for the Town. He explained that the Council also suggested that staff present a quarterly status report reflecting how the two fire providers were performing. He reported that Dr. Bryon Bissell, who had extensive background to conduct these types of studies, had been contracted by the Town to assess and report how each fire provider performed. He reported that there had been significant work done to provide common definitions among the various dispatch codes that the two providers utilized. He explained that after the task of reconciling was accomplished, two very different data sets began, and the Fire Service Provider Performance Criteria for each quarter, with the additional data for the Fiscal Year 2004/2005, was submitted to Council for review. 03/27/06 Town Council Study Session 2 Minutes Dr. Bissell gave a brief description of the Criterion for the 4 quarters contained within the Emergency Responder Criterion Achievement Report. The following is a list of the criterion used for each quarter: • Criterion I: At least ninety percent (90%) of the first units dispatched to a medical emergency incident will arrive on scene in 5 minutes (300 seconds) or less. • Criterion II: At least ninety percent (90%), when dispatched, of ALS (Advanced Life Saving) transport capable units shall arrive at the scene of the medical emergency in 8 minutes (480 seconds) or less. • Criterion III: At least ninety percent (90%) of the first responders (first unit) arriving at a fire emergency will arrive on scene in 6 minutes (360 seconds) or less. • Criterion IV: Two fire fighting units will be at the scene of a fire emergency within 8 minutes (480 seconds) at least 90% of the time. • Criterion V: In unhydranted areas of the Town of Oro Valley, certified engines and water tenders sufficient to maintain pumping of 250 gallons per minutes of water supply for a minimum of two (2) hours will be at the scene within eight (8) minutes (480 seconds). In conclusion, Dr. Bissell said that he believed the numbers were very close in "response time" between the two providers and the report was a fair reflection of data collected. Discussion followed regarding: • The "response time" standards. • How to rectify the idiosyncrasies in the report to make the adjustments necessary to identify true emergency calls and generate true percentages in the reports. • To create uniform clearance codes for each providers. • Was the "response time" measured in seconds or minutes? Mayor Loomis reiterated that the report was the first of several reports that would be provided to the Council and that there were numerous adjustments that needed to be made. He recommended that Council identify and make any adjustments they deemed necessary that would improve the criterion such as, the hydrated areas, certifications, how the criteria was written, exceptions, timing issues and "end-typing." Discussion continued regarding the following concerns: • The discrepancies between the two providers "response time." • Should the parameters be changed to create a matrix that was simpler to comprehend? • The creation of a tracking system (map) that would identify incoming emergency calls. • Criterion IV and determine if two units would be used to provide service and could the criterions be separated into two parts. 03/27/06 Town Council Study Session 3 Minutes • Using an "end-typing" or "clearance codes" method to identify true emergency calls. • How efficient was the communication between the fire departments and law enforcement. • Should the Zoning Code be amended? • Where the standards to rigorous? • How efficient was the communication between the 2 fire providers? • How would the dispatcher determine when it was appropriate to dispatch 2 units? Mayor Loomis reiterated that the performance standards and criteria were tools the Town used to measure the quality of service. He explained that the reports were to identify what would be needed to provide better service on the Town, as well as help determining the "cost of service". He said that as the quarterly reports are reviewed, an item could be added to the agenda for upcoming sessions that would allow Council to address additional criterion or changes as within the document to clarify criterion that was unclear. He asked that staff provide feedback that identify whether the quarterly reports were too much or if there was not enough data collected. Also, he suggested that staff provide a 6 month report to show how well the standards are being met; and to create an end-typing control; a map as part of the basic information agreement and being forward a status report for the fiscal year of June 2005 through the end of March 2006. Town Manager Chuck Sweet recommended that the group review and submit any other suggested changes or additional criterion that would be involved as the agreement moved forward and became effective by April 1st Council Member Abbott suggested avoiding restraining the group to allow everyone participating to have the same opportunities to achieve good standards for the Town. She suggested that a spreadsheet be used for easier reading when presenting the report. Mayor Loomis recessed the meeting at 6:41 p.m. The meeting resumed at 6:46 p.m. 2. REVIEW OF BIG BOX ORDINANCE INFORMATION Planning and Zoning Administrator Sarah More, AICP, explained that the two primary purposes for the adoption of the big box ordinance was 1) to assure good site and architectural design as well as adequate infrastructure to accommodate the use and; 2) the purpose is often related to economic consideration. Communities have concerns about competition with smaller local businesses and about wages and benefits offered by the big box stores. She reported that retail stores are allowed permitted uses in the C-N, C-1, and C-2 zones, and the purpose of the C-N zone was to provide small neighborhood- 03/27/06 Town Council Study Session 4 Minutes oriented office and service centers; and the purpose of the C-1 zone was to provide for large scale office complexes and medium sized retail centers located on major arterials; and the C-1 zone was the only zone in Oro Valley that allows for big box development. She reported that staff had obtained copies of other Arizona cites and towns big box ordinance. She provided the following list that reflected the typical requirements in most of these ordinances: • Location in general commercial zoning. • Location on major streets with freeway access. • Limits on outdoor storage and display. • Architectural standards related to mitigating the appearance of a large store. • Additional landscaping and screening. • Pedestrian amenities — benches, courtyards, public art. • Careful consideration of noise, odors, lighting, signage, trash pickup, etc. • Conditional use permit. • Design review, by a citizen or professional board, or staff. Discussion followed regarding: • Design guideline standards and how to assure the quality of development in the Town. • Can the zoning districts certain areas be changed to accommodate big box development? • The limit of square footage under-roof as opposed to garden centers. • Can a limit be placed on big boxes stores, specifically in undeveloped areas? • Park lots and shading requirement accommodations. • Architectural Design guidelines and staff negotiations and recommendations for use. • The abandonment by the developer of older big box retail shopping centers leaving the Town responsible for the structure. Mayor Loomis opened the floor for public comment. Bill Adler, 10720 North Eagle Eye Place, stated that he was not concerned with the regulations officials used but, the Town reaffirming its commitment to regulate the development standards. He explained that because of the enormous parking lots involved with a "big box" structure, the Town should stay committed to upholding the code requirements and recommendations. Vice Mayor Parish stated that the Town should be committed to the guidelines and should be very specific with regard to the Town's demands. He stated that there was a reason for "big box" stores, but that the Town should show its commitment to the area by demanding that the structures are built in a quality manner that will help mitigate there affects on the surrounding community and roadways. 03/27/06 Town Council Study Session 5 Minutes There was discussion regarding: • Overnight parking regulations. • Moving big box facilities away from Oracle Road and finding other locations that were appropriate. • Strengthening the existing standards such as the architectural design, landscaping and infrastructure improvement for proposed sites. • Tighten-up the ordinance language so that it is made more stringent for big boxes. • Requiring big box developers to create wider sidewalks and shading necessary for the site, including parking lot shading. Mayor Loomis clarified that as a result of this evening's debate, his interpretation would be to change the Town's ordinance to include additional restrictions necessary for "big boxes". He suggested that the Town continue to follow and promote the Design Guidelines especially in the areas that had been identified in the staff report. Council Member Gillaspie stated that staff did present a good argument, but he would recommend that staff find ways to help create better proposed projects in terms of architecture, design quality and infrastructure. Council Member Culver agreed that shading for the big box store would be a good asset and would be aesthetically pleasing in the neighborhoods as well as preventing heat buildup. ADJOURNMENT MOTION: Council Member Culver moved to adjourn the meeting at 7:33 p.m. Council Member Dankwerth seconded the motion. Motion carried, 7-0. Prepared by Linda Hersha, Office Specialist B e YN r N �• 3 c 'z' 3 .L , W �+ V C C I - — o -o I a) 0 i.. 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I CO I I ; -0 ; o O 1,cI O N i I N Ii 'f !1'' N +I O2� - oo I O5 s i i 1 _a i . 0 TOWN OF ORO VALLEY OUNCIL COMMUNICATION MEETING DATE: April 19, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Stacey Lemos, Finance Director - 26 Authorizing Resolution No. (R) 06 and Approving a Contract with Economics p Research Associates (ERA) for the Preparation of an Economic Vitality (Fiscal Impact) Model for the Amount of $60,000 and an Overhead Cost Allocation Model for the amount of $2,500 SUMMARY: At the January 18, 2006 Town Council meeting, the Mayor and Council approved the Economic Vitality Model Request for Proposals (RFP) Sco e of Work and authorized staff to advertise the RFP p for 30 days, with bids due on February 22, 2006. g four (4)The followinproposals were received in response to that RFP: Cost for Overhead . lame Location Cost for EV Model Allocation Model $21,000-$30,000 Silverlode Consulting Cleveland, OH (depending on ongoing Corp. level of support) Not Included in Bid _ MuniFinancial Oakland, CA $41,600 $14,400 Economics Research Associates (ERA) San Francisco, CA $60,000 $2,500 TischlerBise Bethesda, MD $91,450 $24,750 A panel consisting myself,m self, Brent Sinclair, and Chief Sharp evaluated the proposals against the stated criteria in the he RFP and unanimouslyranked Economics Research Associates (ERA) at the top according to theirprior experience in this area, the qualifications of their staff, their level of understanding of our needs, and the abilityto deliver this project within our timeframe and budget. We also conducted d an in-person interview with Chuck Teller, Principal, of ERA and were further satisfied with the firm's abilities to deliver a model that the Town will be able to use well into the future to analyze the financial impacts of various growth and service-related scenarios. A copy of ERA's proposal osal is attached (Exhibit 2) to the Contract for Services (Exhibit 1). p FISCAL IMPACT: ERA's proposed cost to complete the Economic Vitality Model within a 10-week timeframe is $60,000. • a costquotation to prepare an overhead allocation model which will provide the Ne also requested p p ramework to calculate both the direct and indirect costs of providing Town services. ERA's cost to prepare this overhead allocation model is $2,500. The amount included in the current year budget for this project is $65,000. G:\STACEY\Council Communic\EVModel_ERA.DOC TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION PAGE 2 OF 2 RECOMMENDATION: Staff recommends approval of Resolution No. (R) 06- 26 Authorizing and Approving a Contract with Economics Research Associates (ERA) for the Preparation of an Economic Vitality (Fiscal Impact) Model for the Amount of $60,000 and an Overhead Cost Allocation Model for the amount of p ) $2,500 SUGGESTED MOTION: I move to approve Resolution No. (R) 06-26 Authorizing and Approving a Contract with Economics Research Associates (ERA) for the Preparation of an Economic Vitality (Fiscal Impact) Model for the Amount of $60,000 and an Overhead Cost Allocation Model for the amount of $2,500 Or r I move to... ATTACHMENTS: . Resolution No. (R) 06- 26 2. Exhibit 1 - Contract for Economic Vitality Model and Overhead Cost Allocation Model Preparation 3. Exhibit 2 - Proposal from Economics Research Associates i/OrLt, 3- Stacey Lemo Finance Dir for ---ate {{l d, 9 / ii e- Y L.....- 11.41,1 )61 --,-a->Le , David L. An rews Assistant Town Manager (:)),C-L. ' fir" c ve-i, L ____) Chuck Swe Town Mana er G:\STACEY\Council Communic\EVModel_ERA.DOC RESOLUTION NO. (R) 06-76 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A CONTRACT WITH ECONOMICS RESEARCH ASSOCIATES (ERA) FOR THE PREPARATION OF ECONOMIC VITALITY (FISCAL IMPACT) AND OVERHEAD COST ALLOCATION MODELS WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of p the State of Arizona and the United States; and WHEREAS, on January 18, 2006, the Mayor and Council authorized Town staff to advertise a Request for Proposals for Economic Vitality (Fiscal Impact) and Overhead Cost Allocation Models; and WHEREAS, the Finance Director requested proposals for Economic Vitality (Fiscal Impact) and Overhead Cost Allocation Models, and Economics Research Associates (ERA) had the most responsive and responsible proposal, and thereafter negotiated with the Town concerning the Scope of Work and fees; and WHEREAS, it is in the best interest of the Town to enter into the Contract, attached hereto as Exhibit 1, incorporated herein by this reference,with ERA. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract between the Town of Oro Valley, Arizona, and ERA is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Contract. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 19TH day of APRIL , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: F:\Finance\Contracts\Econanic Vitalit Resolution.doc Town of Oro Valley Attorney's Office/ca/033106 EXHIBIT 1 CONTRACT WITH ECONOMICS RESEARCH ASSOCIATES (ERA) FOR ECONOMIC VITALITY MODEL AND OVERHEAD COST ALLOCATION MODEL PREPARATION TOWN OF ORO VALLEY FINANCE DEPARTMENT 11,000 N La Canada Drive ORO VALLEY, AZ 85737 (520) 229-4700 CONTRACT FOR PREPARATION OF AN ECONOMIC VITALITY (FISCAL IMPACT) MODEL, INCLUDING OVERHEAD COST ALLOCATION MODEL PROJECT TITLE: Preparation of an Economic Vitality (Fiscal Impact) Model, Including Overhead Cost Allocation Model This contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation(the "Town") and Economics Research Associates(ERA)(the"Consultant"). WITNESSETH: WHEREAS, the Mayor and Town Council/Town Manager of the Town of Oro Valley are authorized and empowered by the provisions of the Town Code to execute contracts for Professional Services. NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the Town and the Consultant as follows: SECTION I—DESCRIPTION/SCOPE OF SERVICES See attached scope of work from ERA dated February 17, 2006. SECTION II—PAYMENT SCHEDULE The negotiated fee process was utilized for this contract. For services described in Section II of this Contract,the Town shall pay the fees as negotiated Sixty Thousand Dollars ($60,000.00) for the Economic Vitality Model and Two Thousand Five Hundred Dollars ($2,500.00) for the Overhead Cost Allocation Model. Payment shall be made monthly on the basis of progress reports. Consultant shall provide a clear, detailed invoice reflecting items being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current 1 C:\DOCUME-1\KCUVEL--1\LOCALS-1\TEMPOR-1\OLKB06i\Economic Vitality Model Contract final 1.doc • all tasks within the project with backup support documentation. Work schedule updates will be included in status of the monthly progress payment reports. CSECTION III—PERIOD OF SERVICE Following receipt recei t of a Notice to Proceed with the work,the Consultant shall complete all services described in Section II within 70 calendar days after Notice to Proceed is issued by the Town. In the event delays are I experienced beyond the control of the Consultant, the completion date may be extended by mutual written agreement p Y between the Town and the Consultant. SECTION IV—APPROVALS All work shall be subject to approval by the Town Manager or his designee. Consultant agrees to exercise the skill and care which would be exercised by professionals performing similar services tY at the time and in the locality. If failure to meet these standards results in faulty work, Consultant shall undertake at its own expense the corrective adjustments or modifications. SECTION V—INDEMNIFICATION The Consultant agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Town Manager or hdesignee, a ointed boards and commissions, officials, officers, employees and the Town's insurance carriers, pp is• losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of individually and collectively from all p any kind and nature resultingin the Consultant or any subcontractor employed by the Consultant(including bodily injury and death) or damages to any property or any other losses, claims, suits, demands, and/or expenses, arising or alleged to have negligently arisen out of any performed work,except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Section tosor VII will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION VI—REPORTING Written monthly reports, together with updated work schedules, shall be made by the Consultant in the format p prescribed bythe Town. These reports will be delivered to the Town no later than the fifth day of each month. When requested bythe Town, the Consultant will attend Council meetings and provide finished documents including q ra hs, drawings correspondence, supporting charts, g and colored slides for Council action.p SECTION VII—LIABILITY See Attachment A SECTION VIII—AMENDMENTS Whenever a change in the scope of work is determined to be necessary,the work will be performed in accordance with the Contractp rovided. Before a change in the scope of work is started, a Change Order(s) shall be executed by the Town and the Consultant. Additions to, modifications of or deletions from the project may be made and the compensation to be paid to the Consultant may be adjusted accordingly by mutual written agreement of the contracting parties. It is agreed that no claim for extra work by the Consultant will be allowed by the Town except as provided, nor shall the Consultant do any work not covered by this Contract unless the work is authorized through a Change Order. All additional work, when authorized by executed Change Order(s), shall be compensated for by a fee as mutually agreedupon bythe Town and Contractor. The aggregate total of any Change Order(s) shall not exceed 20% of the original Contract unless specifically authorized by the Town Council in writing. TIME IS OF THE ESSENCE for this Contract. When a contractor submits a request for a date extension for which work must be completed in a contract, a Contract Change Order should be initiated outlining the reason for applying for the extension and the drop dead date the work will be completed. The language "TIME IS OF THE ESSENCE" must be written into the Change Order. If the Change Work Order is agreed to and signed by the Town and the 2 C:\DOCUME—I\KCUVEL-1\WCALS--1\TEMPOR-1\OLKB064\Economic Vitality Model Contract final 1.doc Contractor, it binds the contractor to complete the work by the extended date designated in the Contract Change Order. The Town may then file suit against the contractor if the work is not completed by the agreed upon date. If there is more than one extension agreed to, each extension should follow the same procedure. Nis"' SECTION IX—TERMINATION The Town and the Consultant agree to the full performance of the covenants in this Contract, except that the Town reserves the right, at its discretion, to terminate or abandon the service provided for in this Contract or terminate or abandon any portion of the project for which services have been performed by the Consultant as follows: A. In the event that the Town terminates or abandons the services or any part of the services provided, the Town shall notify the Consultant in writing and, immediately after receiving such notice, the Consultant shall discontinue advancing the work under this Contract and shall proceed to close operations. B. Upon termination or abandonment, the Consultant shall deliver to the Town all drawings, notes, calculations, sketches and other materials entirely or partially completed,together with all unused materials supplied by the Town. C. The Consultant shall apprise the work he has completed and submit his appraisal to the Town for evaluation. D. The Consultant shall receive as compensation for services performed through the date of such termination or abandonment, a fee for the percentage of work actually completed. This fee shall be a percentage of the Consultant fee described in this Contract under Section III and shall be in the amount mutually agreed to between the Consultant and the Town. The Town shall make this final payment within sixty (60) days after the Consultant has delivered the last of the partially completed items. SECTION X—FORCE MAJEURE Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such party, the time period provided herein for the performance by such party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events. SECTION XI—ARBITRATION OF DISPUTES Any dispute arising under this contract that is not settled by the Town and the Consultant may, upon mutual agreement of the parties, be decided by an Arbitration Board composed of a representative of the Town, a representative of the Consultant and a representative mutually acceptable to the Town and the Consultant. The Town, however, reserves its rights as set forth in Arizona Revised Statutes, Title 12. The Consultant shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this section. Nothing herein shall be deemed to require arbitration except at the Town's discretion. The laws of the State of Arizona shall apply to this Contract, and the Consultant agrees to the subject itself to the jurisdiction of the Courts of the State of Arizona for any conflict that arises from the terms of this Contract. SECTION XII—OWNERSHIP OF DOCUMENTS All documents including, but not limited to, tracings, drawings, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are the property of the Town. The Consultant shall furnish the Town, upon request, originals or copies of technical specifications and copies of all such documents. 3 C:\DOCUME--1\KCUVEL-1\LOCALS-1\TEMPOR41\OLKB064\Economic Vitality Model Contract final 1.doc . SECTION XIII—NO KICK-BACK CERTIFICATION The Consultant warrants that no person has been employed or retained to solicit or secure this Contract upon an liow agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of the Town Council or any employee of the Town has an interest, financial or otherwise, in the Consultant firm. For breach or violation of this warranty, the Town shall have the right to annul this Contact without liability or, at its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. SECTION XIV—CONFLICT OF INTEREST This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or a Contractor to any other party to the Contract with respect to the subject matter of the Contract. SECTION XV—ASSIGNMENT This Contract shall not be assignable except at the written consent of the parties, and it shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties. The Consultant may assign money due to him under terms of this Contract to a banking or lending institute. The Town shall assist the Consultant in performing the assignment by testifying to the progress of the work as may be required. illsor SECTION XVI-ENTIRE AGREEMENT This is the entire Contract between the parties. If any portion(s) of this Contract is (are) later found to be invalid or unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Contract which shall continue in full force and effect. IN WITNESS WHEREOF, the parties have hereunto subscribed their names this day of , 2006. TOWN OF ORO VALLEY: ECONOMICS RESEARCH ASSOCIATES: By: By: Paul H. Loomis, Mayor Chuck Teller,Principal Date: Date: ATTEST: WITNESS(If Individual or Partnership) 1111, Cuvelier,E. Town Clerk Date: 4 C:\DOCUME_1\KCUVEL.-1\LOCALS--1\TEMPOR--1\OLKB064\Economic Vitality Model Contract final l.doc 1 . APPROVED AS TO FORM: By: Melinda Garrahan, Town Attorney Date: State of Arizona ) ) ss. County of ) SUBSCRIBED AND SWORN before me this day of , 20 by , who is known to me or has satisfactorily been identified as the Principal, and by who is known to me or has satisfactorily been identified as the Secretary, both as duly authorized agents to sign on behalf of to bind and obligate the Consultant. Notary Public My Commission Expires: I11110. 5 C:\DOCUME-1\KCUVEL-1\LOCALS-1\TEMPORA\OLI(B061\Economic Vitality Modcl Contract final 1.doc 1 .. ATTACHMENT A The Consultant agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. Ittirw Coverage Afforded Limits of Liability Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000-Bodily Injury Liability Insurance Combined Single Limit (including blanket contractual $100,000 Property Damage and premises/operations) Professional Liability Insurance $500,000(Minimum) Combined Single Limit The Consultant will provide satisfactory certificates on the required insurance coverage before beginning work. All policies will contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation or reduction in coverage policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully fulfilled its warranty period. If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five(5)workdays prior to expiration date. Each certificate shall include project description,project number and the signed acknowledgement of the insurance company. The Town of Oro Valley will be included as an additional insured on all policies except Worker's Compensation and Professional Liability. Policies for General, Automobile, and Excess Liability are primary over any insurance available to the Town and as to any claims resulting from the Contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. iliely In regard to Professional Liability, Consultant agrees to indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or of any subcontractor employed by the Consultant(including bodily injury and death) or damages to any property, arising or alleged to have arisen solely out of the negligent performance of the Consultant for the work performed. Consultant agrees to indemnify, defend and hold harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, against any an all claims arising out of errors, omissions or negligent acts in the performance of services by the Consultant. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. In regard to General,Automobile, and Excess Liability,the Consultant agrees to indemnify, defend and save harmless the Town of Oro Valley, its Mayor and Council,appointed boards and commissions, officials,officers, employees,individually and collectively from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or any subcontractor employed by the Consultant(including bodily injury and death)or damages to any property, arising or alleged to have arisen out of the negligent performance of the Consultant for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. IT IS THE INTENTION OF THE PARTIES to this Contract that the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, are to be indemnified against their own negligence unless and except that negligence is found to be the sole cause of the injury to persons or damages to property. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. *11111.10 6 C:\DOCUME-1\KCUVEL-1\LOCALS--1\TEMPOR-1\OLKB064\Economic Vitality Model Contract final 1.doc EXHIBIT 2 PROPOSAL FROM ECONOMICS RESEARCH ASSOCIATES (ERA) Economics Research Associates A Proposal For An ECONOMIC VITALITY MODEL Prepared for the Town of Oro Valley, Arizona Submitted by Economics Research Associates March 30,2006 ERA Proposal No. 46068 388 Market Street, Suite 1 580 IOW San Francisco, CA 941 1 1 (41 5) 956-8152 FAX (415) 956-5274 www.econres.com Los Angeles San Francisco San Diego Chicago Washington DC New York London Economics Research Associates 1110, Friday, February 17, 2006 Ms. Stacey Lemos Finance Director Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Proposal #: 46068 Re: Proposal to prepare Economic Vitality Model Dear Ms. Lemos: Economics Research Associates (ERA) is pleased to submit this proposal to prepare a Fiscal Impact Model for the Town of Oro Valley. The Town can use the model to simulate the short-range and long-range financial conditions and related service levels in the community and the impacts of development on these conditions. The development of a usable Fiscal Impact model requires a unique combination of land use, analytic and software development skills. Following your review of ERA's proposal, I believe that you will understand the unique combination of economic, market, finance and software development skills that ERA provides. I will be the project manager for this assignment. As you will see in my biography, I have significant experience developing financial and fiscal impact models for communities in the Western United States and a deep understanding of the software development and application delivery process. I have personally developed fiscal impact models for a number of communities, delivered models to clients for their use and developed a wide array of other analytic applications for public and private sector clients throughout the world. The work plan that I propose to follow reflects my knowledge of what is necessary to develop a useful fiscal model, including flexible inputs for financial, operational, economic and land use data that need to be updated on a regular basis. The work plan also reflects the necessary testing, documentation and training that must accompany a model that your staff can successfully use on an on-going basis. ERA 4111 Enclosed in our submittal you will find the following sections: • Understanding of the Scope of Work • Approach to the Scope of Work, including Alternate Tasks • Description of the Firm,relevant past experience and references • Project Cost by Task • Timetable for the project • Biographies of key members of the project team We look forward to the opportunity to discuss this assignment in greater detail with you and your selection committee. If you have any questions, please give me a call at(415) 956-8152. Respectfully submitted, 41111r Chuck Teller Principal CONTACT INFORMATION Project Manager: Chuck Teller Title: Principal Business Address: 388 Market Street Suite 1580 San Francisco, CA 94111 Work Phone: 415.956.8152 Cell Phone: 510.381.3888 Fax: 415.956.5274 Email: Chuck.Teller@econres.com tlior 3 E' Now UnderstandingScopeof the of Work The Town of Oro Valley has recently adopted an update to the Town's General Plan. In an effort to effectively manage the cost of serving new development, the General Plan includes a series of policies related to the cost of new development. The goals of the Cost of Development Element are intended to ensure that new development pays its share of the costs of public infrastructure and services required to serve the new development. As part of this General Plan Element, Policy 4.2 states that new development should pay its fair share of the costs associated with providing public service facilities and systems and that these costs should not financially burden existing residents. A related policy, 4.2.1, states that the long-term fiscal impacts of new development shall be evaluated as a criterion in the development review process. Furthermore, the Town should also evaluate the fiscal impacts when it is considering the annexation of property into the Town. Policy 4.3 states that the Town must have sufficient information to plan for, develop and implement funding mechanisms to support the development of infrastructure and services required for new development. Policy 4.3.2 requires the Town to prepare and regularly update a fiscal impact model to determine the cost of new development and annexations on public infrastructure, facilities and services. The Town should use the model to regularly update the level of funding mechanisms to assess new development. In order to address the goals and policies of the Cost of Development Element of the Town's General Plan, the Town needs to have an interactive, land-use based fiscal impact model. The model must be designed so that it can readily be updated with new Service Level standards, adopted Budgets, land use information (including development capacity of the Town, existing and planned capacity of annexation areas and new development projects), fees programs, capital improvement plans, debt schedules, cost escalators (e.g. salary and benefits) and other economic factors. In our experience, most models are designed for one- off assignments and are extremely difficult to update on a regular basis. The assumptions that go into the model must be well designed to reflect readily available data sources and ease of updates. Integration with back office systems, such as the accounting and human resource applications should be examined to facilitate model updates. The model must be designed with clear and defensible assumptions and methodologies to forecast revenues and costs as well as assign the fair share of revenues and costs to new and existing development. The model must be flexible to support 'what if' analysis so that it can readily support policy analysis and decision-making. The model must be designed in a robust manner so that Finance and Planning staff can readily use the model as a tool to support their assignments. Lastly, the model must be well tested and documented so that the results are reliable and new staff can readily be trained to use it. t%i► METHOD OF APPROACH The work plan that ERA will follow to complete the development of the Fiscal Impact Model is described in detail in the following section. The plan for this assignment can be described as a collaborative approach, in which ERA will work closely with the Town staff to identify. key data sources for the model and define the methodology to be used in the model. The objective of our collaborative approach is to ensure that the Town staff is familiar and comfortable with the sources required to drive the model and the methodology embedded in the model. For it is the Town staff who will ultimately use the model on an on-going basis to evaluate the fiscal impacts of new development and other policy initiatives. Through a series of interviews and working sessions, Town staff will gain a thorough understanding of the structure and analytic approach in the Fiscal Model. The Finance Director and key staff will have a detailed understanding of the revenue projections in the model and solid understanding of the cost analysis. The Director will be able to clearly articulate the difference between the projections generated by the model and the annual or bi- annual budgets generated by the Town staff. The Planning Director and key staff will have a detailed understanding of the land use drivers in the model and the demographic and economic factors used to translate vacant land into projections of building space, population and employment. Each of the Directors of the Town's operating departments will have a detailed understanding of the methodology used to define the service level of the department Now and cost projections associated with new development. The model will not be a black box, but rather a well organized clearly documented analytic model that the Town staff is comfortable using for years to come. Our model documentation and detailed training sessions will be designed as a knowledge transfer process so that the staff is comfortable describing and using the model after this assignment is completed. ERA is confident in our ability to develop and deliver this user-friendly Fiscal Impact model because we have completed similar assignments in the past and we have years of experience developing and delivering other analytic applications to private and public sector clients. We are clear about the best practice methodology to utilize for the various elements of the Town's budget and we are experienced in conducting the necessary interviews to obtain the business information required to configure the model to the characteristics of Oro Valley. The detailed steps that we plan to follow in our work plan are described in the following section. 441„. 5 APPROACH TO THE SCOPE OF WORK Task 1: Department Interviews and Data Collection In the series of tasks, described below, ERA will configure its Fiscal Impact model to reflect the service, development and other policy conditions in Oro Valley. Since we have built fiscal impact models that are used for short-term and long-term land use and policy analysis in the past, we will not start from scratch, but rather refine our standard modeling approach to best fit Oro Valley. Task 1.1: Kickoff Meeting and Tour ERA will host a kick-off meeting with representatives of each of the Town's operating departments to familiarize them with the study process and overall design of the Fiscal Impact Model. This will help to ensure that the staff is prepared to provide our team with key information necessary to configure the model to Oro Valley. ERA.will use the Kickoff meeting event to familiarize ourselves with the history and development patterns in Oro Valley. While the scope of work is technical in nature, an understanding of the forces driving development in the community will be useful in ensuring that the Fiscal model addresses the unique aspects of the Town. Task 1.2: Review Major Policy Documents The ERA Team will first thoroughly review the Town's General Plan, Annual Budgets, Capital Improvement Plan, Economic Development Plans and other documents deemed relevant. This will provide us with the necessary background understanding of the policies and plans governing growth, development and the provision of public services in Oro Valley. Task 1.3: Finance Department Interviews and Data Collection We will start our interviews and model configuration with the Finance Department. Since the model must be designed to obtain inputs from the Town Budget, we will start our effort with a thorough set of interviews with the Finance Director and staff to develop an in-depth understanding of the Town Budget, including General Fund and Enterprise Funds. In addition to understanding current budgeting practices and Fund relationships, we will work with staff to obtain representative data feeds from sources such as the Town's accounting system, business license data, sales tax data, and other sources. We will obtain information on impact fees, permit fees, intergovernmental transfers, State shared revenues, utility fees and franchise fees. We will also collect information on Town staffing, including salaries, benefits and other related personnel costs. We will also obtain data on the operating cost structure of the Town's Public Works department and Enterprise IOW Funds. We will work with staff to obtain information on existing capital improvement plans and related financing mechanisms. 6 E Y We will look to the Finance Department to provide us with contacts in each of the Town's departments and to act as a liaison in our data collection efforts. Task 1.4: Planning Department Interviews and Data Collection The other critical set of inputs into the model will come from the Planning Department. We will look to the Planning department to provide data on existing development in the Town, as well as estimates of development capacity reflected in the General Plan. We will also work with Planning to create a table of approved and proposed projects. We will develop a set of standard density factors through our discussions with the Planning Department so that the model can readily translate developable land into estimates of housing units, building space, population and employment. All in all, the Planning Department will be responsible for maintaining the land use information in the model and providing consistent project descriptions for new projects that will be tested in the model. Task 1.5: Operating Department Interviews and Data Collection In this task, we will meet with representatives of each operating department to develop the methodology that will be reflected in the model to forecast the cost of providing the respective service to the residents, businesses and visitors to Town. Drawing on our vast experience in developing Fiscal Impact models, we will assist the Police, Public Works, Parks and Recreation, Library, Community Development and General Government departments in designing forecast methods that are sensitive to changes in land use. We will also look to utilize forecast methods that reflect the fixed and variable costs associated with each department. This is especially important when examining the cost of General Government services, such as Legal, Town Manager, IT, Town Clerk, Finance and Human Resource departments. The result of our work with the Operating Departments will be a series of forecast methods that will be incorporated into the model that each Department head understands and can support. It is important to understand that the methods that will be used differ from those often used in a budgeting process since the methods in the model must reflect the demand for service generated by new and future development, not simply the year to year costs of running a department. Task 1.6: Interview of County and State Departments, as Deemed Necessary ERA will interview any necessary County and State officials to obtain information to assist in the forecasting of revenues that will accrue to the Town over time. These interviews will focus on the State shared revenues that accrue to the Town and the revenues and costs associated with the County Library District. %sr 7 . NOON, Task 2: Model Configuration ERA will configure the Fiscal Impact model to reflect the Town's Fund structure, revenue sources, land use information and level of service, expenditure categories and cost analysis methods. We will design the model using the most recent version of Microsoft Excel, utilizing key features of this tool to provide a well-organized, robust model. The model will be designed in a series of modules including: • Budget inputs • Land use and development inputs • Economic drivers, including population and employment projections • Staffing inputs • Operating Department service level analysis • Revenue analysis • Fund analysis, including intra-fund transfers • Annual projections, on a 20-year basis and build-out projections Once properly configured, the model will permit the Town to: • Project revenues, operating expense and capital requirements • Project costs associated with maintaining the level of service and objectives set forth in the Town's 2020 General Plan. There will be cases where the current level of service is below the stated goals. The model will be able to articulate the cost of simply increasing the level of service to the stated goal. • Project the department costs, per unit costs and overhead rates associated with growth projections accommodate by the General Plan • Evaluate the impact of policy decisions and selected economic variables on the Town's fiscal health • Identify potential funding short-falls as a result of meeting higher levels of service or servicing new development • Project the fiscal impact of new development and changes to land use designations and zoning for residential and commercial development. • Project the Fiscal impact of alternative growth scenarios contemplated in the Town's General Plan • Project the Fiscal impact of proposed annexations • Project the Fiscal impact of specific development projects • Test key model assumptions through the use of What-If scenarios • Conduct these analyses with their own staff 8 Task 3: Model Testing and Documentation In this task, ERA staff will conduct rigorous tests of the model to ensure the stability and accuracy of the projections. ERA will prepare detailed documentation of the model, including screen shots, end-user instructions, and model updating instructions. The documentation will detail the model assumptions and required inputs. Task 4: Staff Training ERA will conduct 8 hours of on-site instruction with staff. Task Alternate#1: Public Meetings In this task, ERA will work with Town staff to prepare and present the model in 2 public meetings. Additional budget will be required for additional meetings. Task Alternate #2: Overhead Cost Allocation Model In this task, ERA will work with the Town to develop a methodology to estimate the direct and indirect costs associated with providing specific town services. 9 FIRM BACKGROUND: ABOUT ECONOMICS RESEARCH ASSOCIATES Founded in 1958, Economics Research Associates (ERA) has become one of the largest land economics and real estate consulting firms in the United States. With six offices in the United States and one in London, ERA has a total of approximately 108 employees. The firm has performed over 16,000 consulting assignments. ERA's client mix is about twenty percent international clients and eighty percent domestic. The domestic volume is evenly divided between government agencies and private interests. SERVICES TO THE REAL ESTATE INDUSTRY ERA real estate development services include concept development, market studies, financial analysis, market penetration strategies, structuring of leasing programs, solicitation of joint venture partners, site location analysis, and packaging of complex projects. While ERA's services are extremely important to the smaller development firms which do not have similar expertise in-house, the major development firms will often solicit a second opinion from ERA on particularly complex or innovative projects. Knowledge of the Development Community ERA most likely has greater familiarity with the regional, national and international land any development communitythan other firm of its type. ERA has worked directly for or has p evaluated the proposed projects of the following major development organizations: The Irvine Company, Gerald D. Hines Interest, Del Webb Corporation, Hyatt Corporation, Homart Development, Mobil Corporation, Millennium Partners, Marriott Corporation, Weyerhauser Properties, Catellus Development, The Hahn Company, Simon De Bartolo Group, The Mills Corporation, Wilson Gates, the Rouse Company, Trammell Crow Company, Forest City Development and many others. Development Financing ERA understands land development financing from both the private and public perspectives. One of the most frequently cited reasons for securing an ERA study is project feasibility documentation for financial institutions. ERA studies have contributed to the financing of billions of dollars of real estate development both in the United States and overseas. Dedication to Objectivity ERA's operating philosophy is to provide high level and objective consulting services in the area of land use and land development economics. ERA does not provide brokerage services, leasing services, nor does it assume equity positions in development projects because such activities could compromise consulting objectivity. 411lor 10 SERVICES TO GOVERNMENT Over the past 30 years, ERA has evolved into an organization that provides high-level economic consulting services to all levels of government. Clients include community organizations, redevelopment agencies, city governments, county governments, special districts, regional councils, transportation agencies, state governments, federal agencies and foreign governments. Economic/Fiscal Impact Studies The pressure for increased efficiency in government is contributing to a growing demand for economic and fiscal impact evaluation of public policies, programs and projects. ERA has computerized fiscal models to examine the impacts of plan alternatives and specific development projects. In Southern California, ERA examined the fiscal implications of creating a 25,000-acre new community in San Diego County and the economic impacts of Los Angeles hosting the Summer Olympic Games. Community Revitalization and Urban Development Planning A large portion of ERA's public agency consulting assignments is community revitalization or central area redevelopment studies. ERA has had sustained working relationships with the redevelopment agencies in Los Angeles, San Francisco, San Jose, Seattle, Portland, Salt Lake City, and New York City. The firm is also frequently called upon to assist much smaller communities, such as Park City, Utah; Moscow, Idaho; Jackson, Wyoming; Puyallup, Washington and Davis, California. ERA services for redevelopment agencies include: • Reviewing redevelopment project or program alternatives. • Developing innovative project concepts appropriate for the site or redevelopment opportunity. • Generating market and other data to assist with financial analysis and developer negotiations. • Preparing the detailed market analysis necessary to support public policy or private financing. • Providing advice and research data to Agency staff in developing market strategies and request for development proposals. • Reviewing development proposals and assisting Agency staff with developer selection. • Assessing the developer's business terms and creating detailed financial models of the developer's project to formulate counter proposals for the negotiations of development disposition agreements (DDAs). 4110, • Estimating the employment, tax increment revenue and service cost impacts of project alternatives. 11 • Preparing Property Disposition Summary Reports and Section 33433 Reuse Appraisals in support of disposition land price and terms. Adaptive Reuse of Historic Structures ERA has evolved into a leading firm in the economic analysis of adaptive reuse of historic structures and areas. The firm co-authored with the Urban Land Institute, a book titled Adaptive Use: Development Economics Process and Profiles. Successful adaptive reuse naturally extends the economic life of historic buildings. ERA, has performed adaptive use and historic preservation work in Boston (Faneuil Hall Area), St. Louis (Old Post Office Building), Chicago (Historic Pullman Area), and Lowell, Massachusetts (Lowell National Cultural Park). Transportation/Joint Development ERA offers a wide range of services to transportation agencies, often in consort with transportation planners and engineers. Transit station or transportation terminal-related land development, often via joint-use agreements between public and private entities, is yet another area of ERA concentration. The firm's experience in joint development planning and project implementation is both current and substantial. ERA completed a joint development Cyr market analysis and implementation program for the twenty-six light rail stations along the Banfield Line in Portland, Oregon. As part of that study, ERA. examined the joint development techniques, organizational strategies and case studies of seven regional rapid transit systems. ERA has also performed the mass transit system joint development economic analysis for BART, the Dallas region, for the Los Angeles Metro Rail System, for the Honolulu Rapid Transit System and for the Taiwan High Speed Rail System stations. ERA was also the lead consultant on the economic impact assessment of High Speed Rail for the State of California. ERA has had a five-year contract serving King County, Washington by analyzing some 55 sites and packaging joint development projects on some 12 parcels of transit agency property. Public and Cultural Facilities ERA is thoroughly experienced in the analysis of public and cultural facilities, including conference centers, convention centers, museums, performing arts centers, sports complexes and multi-use facilities. Types of analyses include facilities needs assessment, attendance forecasting, financial evaluation, funding plans, management and operations evaluation, public presentations and architect selection. These public facilities are excellent catalysts for generating urban vitality and are often analyzed in conjunction with multi-use developments or area revitalization plans. ERA studies have included: expansion and relocation analysis of the Seattle Art Museum, feasibility evaluation of expansion of the Salt Lake Convention Center, management plans for the New Orleans Superdome and management approaches for Itior the Los Angeles Convention Center. In Eugene, Oregon ERA's detailed analysis facilitated 12 %sr passage of an $18.6 million general obligation bond commitment for construction of a community/cultural center. Financing and Implementation Plans The firm has exceptional experience in soliciting, selecting and negotiating with major development organizations on behalf of public bodies. ERA assisted the San Francisco Redevelopment Agency with planning, developer selection, and project refinement on the Yerba Buena Project. ERA has negotiated dozens of development disposition agreements on behalf of redevelopment agencies. RELEVANT EXPERIENCE AND REFERENCES City of Redmond Cost of Growth Model As a Vice President at EPS, Chuck Teller led the development of the City of Redmond's Cost of Growth Model. The Cost of Growth Model was a citywide, fund-based fiscal impact model that the City could use to evaluate short-term and long-term fiscal impacts of growth, including specific projects and City policies. The model was designed in an interactive software package that allowed staff to change inputs, run "what if' scenarios and examine the results on an annual and build-out basis. The model covered all of the City's operating funds. It included detailed level of service drivers so that the City could readily test the cost of changing service levels in areas such as Parks or Public Works. The model included a detailed land use database that reflected the development capacity for the city and all the development projects in the pipeline. The land use data was used to create the development forecast and demographic forecast that was a key driver of the model. The model was designed to permit the City to input new budget data on an annual basis (even though the City utilized a two-year budget process) to drive the cost structure for the model. The model also included cost allocation components that were used to drive fund transfers and allocations of overhead costs from General Government to special funds. ERA Contact—Chuck Teller Reference: Ms. Jane Christenson,Assistant to the Mayor City of Redmond P(425) 556-2107 jchristensonredmond.gov County of Alameda,Department of Surplus Property Santa Rita Property Financial Model As a Vice President at EPS, Chuck Teller led the development of a detailed financial model that allowed the County to monitor and forecast revenue from the development and disposition of the 700-acre Santa Rita Property. The model was packaged and delivered to 13 itoser County staff so that they could use it for on-going budgeting and project analysis. The model included a real estate proforma, cost allocation model, budget module and fiscal impact model. ERA Contact—Chuck Teller Reference: Pat Cashman, Director of Surplus Property Surplus Property Authority 224 Winton Avenue, Room 110 Hayward, CA 94544 510-670-5333 Chula Vista, California Fiscal Evaluation of General Plan Alternatives and Economic Development Strategy ERA was retained by the City of Chula Vista to assess the fiscal impacts of its current General Plan, as well as alternative plans as a part of the City's General Plan Update. ERA developed a detailed modeling methodology that took into account marginal cost of providing services by land use and geography. ERA also conducted risk analysis of the General Plan alternatives using proprietary software. As pert of the overall contract to assist in fiscal issues related to General Plan Alternatives, ERA also prepared a public facilities financing assessment for the western portion of the City in view of (11111ir proposed intensification of land uses relative to public facility needs including transportation, open space, and other vital infrastructure. ERA also formulated an economic development strategy for the City. The City's General Plan and all of its elements were adopted in December 2005. ERA Contacts—Mr. Amitabh Barthakur, Mr. William R. Anderson Reference: Mr. Ed Van Eenoo Office of Budget and Analysis 276 4th Ave. Chula Vista, California 91910 (619)409 5475 Santa Paula,California Fiscal Impact Analysis of Fagan Canyon ERA was retained by CENTEX Homes to carry out a detailed fiscal and economic impact analysis of the proposed 2,000± unit residential development in the Fagan Canyon area within the 'curb line' of the City of Santa Paula in Ventura County. We dealt with very similar issues related to master tax agreements between the City and the County, VLF allocation changes, and Prop. 13 caps. The proposed plan was unanimously approved by the Council in December 2005. ERA Contact—Mr. Amitabh Barthakur 14 ,, Reference: Mr. Rick Bianchi CENTEX Homes 27200 Tourney Road#200 Valencia, CA 91355 (661) 799-1357 Fillmore, California Fiscal Impact Analysis of the Heritage Valley Development Heritage Valley in the City of Fillmore, Ventura County: ERA was retained by the City of Fillmore on multiple occasions to provide consulting services in order to assess the annexations and fiscal benefits of the Heritage Valley residential development(Griffin Homes) in the south side of the City. ERA Contact—Mr. Amitabh Barthakur, Mr. David Wilcox Reference: Mr. Roy Payne City Manager(Retired) Fillmore, California Cell-(805)207-5288 Email-roypayne169@adelphia.net Tucson,Arizona Houghton Area Master Plan (HAMP)Market and Fiscal Analysis The Sonoran Institute and the Lincoln Institute of Land Policy engaged ERA to conduct an economic analysis of the HAMP area in the vicinity of Tucson. ERA evaluated the project development alternatives and recommended land-planning policy for the 8,000 acre HAMP area, owned by Arizona State Lands to demonstrate how"Smart Growth" planning, and a supporting disposition and regulatory strategy, can provide sustained and comparable economic value to the State Lands Commission. ERA Contacts:Mr.Amitabh Barthakur, Mr. William R. Anderson Reference: Mr.Andy Laurenzi State Trust Lands Program Director Sonoran Institute 4835 East Cactus Road Suite 270 Scottsdale,AZ 85254 (602) 393 4310 15 • FEE SCHEDULE For the scope of work described above, ERA proposes a fixed price contract of sixty thousand dollars ($60,000). We will issue monthly invoices and progress reports in a format consistent with the Town's requirements. The estimated breakdown by staff and tasks are shown below. Fiscal Impact Model: Town of Oro Valley,Arizona ERA Total Total Task Teller Barthakur Associates Expenses Hours Cost Hourly Rate: $ 225.00 $ 175.00 $ 100.00 Task 1: Dept Interviews 40 30 80 $ 2,500 150 $ 24,750 Task 2: Model Configuration 75 45 20 $ 200 340 $26,950 lb. Task 3: Testing and Doc. 0 8 30 38 $ 4,400 Task 4: Staff Training 8 0 16 $ 500 524 $ 3,900 Total Assignment (Hours) 123.00 83.00 146.00 352 Total Assignment(Cost) $ 27,675 $ 14,525 $ 14,600 $ 3,200 $ 60,000 Alternate Tasks: Public Meeting Cost 10 0 0 $ 500 10 $ 2,750 Overhead Cost Allocation Model 8 4 0 $ 2,500 Cost of Alternate Tasks $ 5,250 16 • PROJECT SCHEDULE We propose a 10-week schedule from formal authorization to submission of the tested and documented Fiscal Impact Model. The following is our projected schedule by major task. Project Schedule Task Week 1 2 3 4 5 6 7 8 9 10 Task 1: Dept Interviews Task 2: Model Configuration Task 3: Testing and Doc. 1111111111% .11161, Task 4: Staff Training 17 'tow STAFFING ERA commits the following staff to this project. Detailed resumes of the following personnel are attached. • Chuck Teller—Project Management and Model Design • Amitabh Barthakur—Methodology and Modeling • Kate Wittels—Research, Documentation and Training 411a, 18 14100. Chuck Teller, Principal Chuck Teller is a land economist and planner with broad experience forecasting and analyzing the economic and financial implications of land use and real estate development. With over 15 years of professional experience, he has managed a wide variety of projects, including forecasting the fiscal and economic impacts of planned development; analyses of the market and financial feasibility of real estate projects; forecasts of demographic conditions and the related land use requirements; implications of land use policies on development patterns; and formulation of redevelopment and infrastructure financing programs. Mr. Teller has extensive experience managing complex, interdisciplinary consulting projects. He has applied his expertise in the context of military base reuse programs, urban revitalization planning, regional transportation plans, private real estate development projects, Transit-oriented developments and Specific and General Plan studies. He has considerable experience in the use of computer modeling, including the development and use of fiscal impact models, regional input-output models, real estate cash flow models and demographic forecasting models. Mr. Teller's fiscal impact analysis experience includes work for cities, counties and multi- jurisdictional areas in the states of California and Washington. His fiscal models have been used to evaluate the short and long term impacts of residential, commercial, industrial, institutional and public land uses. His models have also been used to guide annual budget processes and have been integrated into land use approval processes. He developed the award-winning Cost of Growth Model for the City of Redmond in the late 1990's and continued to service the model for the city for several years. Mr. Teller is also a leading expert in the area of business analytic software solutions. He led the development of the leading analytic application solution — Enterprise Performance Management, during a four-year tenure as Vice President and General Manager at PeopleSoft. He was responsible for overseeing the design PeopleSoft's public sector budget application. Prior to joining PeopleSoft, he was the CEO of Advance Planning Solutions, an early stage analytic application software company. While at APS, he designed an implemented several world-class analytic applications for clients such as KPMG. Prior to join ERA, Mr. Teller was a Vice President at Economic and Planning Systems and an Associate at Gruen Gruen + Associates. During his tenure at these firms, Mr. Teller played a major role in fiscal, market, financing and related economic analyses throughout the Western United States. Mr. Teller received a his Master's degree in City and Regional Planning with a concentration in Economic Development from the University of North Carolina at Chapel Hill. 41111iiir 19 AMITABH BARTHAKUR, AICP Senior Associate Qualifications in Fiscal and Economic Imp acts Analysis Mr. Barthakur's expertise is at the cusp of the private and public realms. His recent experience is focused on evaluating economic feasibility for comprehensive plans and large scale land developments — both in terms of their market viability, as well as their fiscal impacts to municipal resources. He has worked on a number of studies that look into long term fiscal sustainability of land use policy, public facility needs, public financing strategies, and fiscal risk assessment related to land use decisions. Mr. Barthakur is currently working on a number of projects related to "Big Box" retail and their impacts, including a study to analyze the economic, fiscal, and resultant physical impacts from two Super Wal-Mart stores in Bakersfield, California. He recently completed a study for the Sonoran Institute and the Lincoln Institute of Land Policy to analyze and recommend land planning policy for the 8,000-acre HAMP area, owned by Arizona State Lands Department (ASLD), in the City of Tucson, in order to demonstrate how "Smart Growth" planning, and a supporting disposition and regulatory strategy, can provide sustained and comparable economic value to the ASLD. His recently completed projects include: %or t • A fiscal impact of the proposed 2,000-unit Fagan Canyon development in Santa Paula, California. • A detailed fiscal impact analysis and fiscal risk evaluation of the existing General Plan and proposed General Plan alternatives for the City of Chula Vista, California. • Fiscal and economic impacts of sports facilities in the Cities of Dearborn, Michigan; Stockton, California; and Harlingen, Texas. • A fiscal evaluation of General Plan alternatives and the formulation of an Economic Development Plan for the City of Mesa, Arizona. • Fiscal impact of the Heritage Valley Development in Fillmore, California • Economic and fiscal impact analysis of a 1,800-acre mixed-use project for the City of Arlington, Texas. • An evaluation of economic impacts of historic preservation, for the Getty Conservation Institute (part of the J. Paul Getty Trust). • Economic analysis and strategy to improve jobs to housing balance in the City of La Puente, California. • Performance evaluation of the Hollywood Entertainment District BID in Hollywood, California. Mr. Barthakur has also worked on the following economic and fiscal analysis projects in the recent past: • A citywide economic sustainability study for the City of Boulder, Colorado. • Economic impact analysis of the Metro Red Line along the Vermont-Hollywood corridor, for the City of Los Angeles, California. 20 • Economic p analysis for an update of the land use element of the General Plan for the City Y of San Bernardino, California. • Economic and fiscal analysis of proposed General Plan alternatives for Riverton City, Utah. • Economic analysis of retail land needs for the City of Chula Vista, California. • Fiscal and economic impacts of development alternatives on the "Bluffs Zero" site in Carpinteria, California. • Fiscal evaluation of the potential location and use mix of new community facilities in the City of Diamond Bar, California. • Fiscal and economic impact of the Montalvo Square retail development for the City of San Buenaventura, California. Mr. Barthakur is a part of ERA's core Geographic Information Systems (GIS) team, and has wide experience in optimizing GIS applications for land use economics analysis. Mr. Barthakur holds a Master's Degree in Urban Planning from the School of Policy, Planning and Development at USC, as well as a Master's Degree in Building Science from the School of Architecture at USC. He is a member of the American Planning Association (APA), and the American Institute of Certified Planners (AICP) 21 V Kate Wittels,Analyst Kate Wittels, conducts research and analysis for a variety of economic and real estate projects. Recent relevant ERA projects are highlighted below: • Currently conducting market analysis for transit-oriented development in Austin, Texas. This entails an analysis of the residential market for condominiums, apartments and single-family housing, as well as the potential for commercial development for various communities in the corridor. • Currently conducting a museum comparison study for the California Academy of the Sciences. Study includes evaluations of prominent science museums and aquariums in addition to San Francisco area cultural institutions. • Performed in-depth literature review of the effect rail based public transportation has on property value and transit-oriented development. The study included case studies of Santa Clara County, California, San Diego, California,Dallas, Texas, Portland, Oregon and St. Louis,Missouri. • Researched and analyzed demographic and economic conditions of Kauai County, Hawaii for a highest and best use study of a major landholding in Kauai. • Conducted research of Caribbean golf course operations for potential resort development in St. Kitts. • Researched and analyzed market conditions for a potential residential, resort and conference center development in Snoqualmie, Washington. Prior to joining Economics Research Associates, Ms. Wittels was manager of business services for the information technology group of Transportation Resource Associates, a safety and security consulting and information technology firm whose primary market was public transit agencies. Ms. Wittels was responsible for sales, project management, product implementation and business development. Clients included metropolitan public transit agencies and Fortune 100 companies. Ms. Wittels has an in depth understanding of public transportation and its role within the urban environment. Ms. Wittels is a graduate of the University of Pennsylvania with a degree in Urban Studies. 111110, 22 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 19, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: David Andrews, Assistant Town Manager SUBJ: Resolution No. (R) 06 - 27 Consideration and Possible Approval of a Tentative Memorandum of Understanding between the Town of Oro Valley and the Public Safety Negotiation Committee on behalf of the Town's Public Safety Employees Group for the period July 1, 2006 through June 30, 2007 BACKGROUND: In 2004, the Oro Valley Town Council adopted Ordinance No. (0) 04-28 which established a "Meet and Confer" process for public safety employees. This Ordinance was modified in November 2005 by Ordinance No. (0) 05-44 which refined and clarified some of the language in the original ordinance. Those modifications were supported by both the Public Safety Negotiation Committee (PSNC) and the Management Negotiation Committee (MNC). The item you have before you this evening is a tentative Memorandum of Understanding (MOU) between the Town and the Town's Public Safety Employee Group that has been negotiated and presented to Council in accordance with the process and procedures that are outlined in Ordinance No. (0) 05-44. If approved, the tentative MOU will be applicable to the fiscal year period of July 1, 2006 through June 30, 2007. SUMMARY: The tentative MOU you have before you this evening was developed by the PSNC and the MNC after a series of meetings over the past few months. Both parties are in full agreement as to the terms and conditions that are contained therein. It is important to note that both negotiating groups agree that this MOU is tentative in nature. This is because many of the issues agreed upon are subject to the availability of funds. It is anticipated that the Town's FY 2006/2007 budget process will clarify funding capabilities and that a final MOU will be brought back for Council consideration after adoption of the final budget. The PSNC's representation is determined by eligible employees within the Police Department and includes "Police Officers with the rank of sergeant and below and non- exempt civilian employees." These representatives negotiated the tentative MOU on behalf of the Public Safety Employee Group and include the following Town employees: Wes Helvig, Police Officer Lorinda Navarro, Crime Analyst Bruce Thomas, Detective Supervisor Buddy Novak, Detective The MNC membership was assigned by the Town Manager and includes the following Town employees: Carol Willett, Acting Human Resources Director Stacey Lemos, Finance Director Larry Stevens, Police Commander David Andrews, Assistant Town Manager The MNC negotiated with concurrence from the Town Manager and Police Chief. PSNC Proposal: On November 28, 2005 the PSNC submitted its proposal to the MNC. A copy of that letter of proposal is included as an attachment to this communication. In that letter, the PSNC requested that a formal, written MOU (contract) be adopted by the Town. Historically, the Town of Oro Valley has held "Meet and Confer" sessions with Public Safety Employees but has never approved a written contract with the Group. The PSNC also requested the following items for MNC consideration: 1. The funding of the Step Pay Plan for the 2006-2007 budget year 2. A cost of living increase (COLA) based upon the 2006-2007 University of Arizona recommendations 3. Market adjustments for commissioned officers in the amount of 6% 4. A medical stipend in the amount of $100 for retired officers 5. An additional 40 hours of vacation time for employees with 20+ year tenure with the Town of Oro Valley 6. The assurance of a 4/10 work week plan as staffing allows with an allowance for appropriate safeguards as determined by the Chief of Police 7. Free parking at all Oro Valley Police Stations and Sub-Stations MNC Response to PSNC Proposal: The following section outlines the final MNC responses and recommendations in regard to the proposal. A copy of the MNC's initial responses dated January 12, 2006 is also attached to this Communication. Request#1: Funding of the Step Pay Plan for FY 2006/07 Response: Recommend approval subject to availability of funding Fiscal Impact: $76,258 (includes salaries and related benefits) Request#2: COLA (Cost of Living Adjustment) increase Response: Recommend a 3.0% COLA effective 7/1/06 subject to availability of funding Fiscal Impact: $153,534 (includes salaries and related benefits) Request#3: Market adjustments for commissioned officers in the amount of 6% Response: Counteroffer with revision to entire step pay plan with step adjustments ranging from 3.0% to 11.278% to be more comparable to City of Tucson step plan Fiscal Impact: $228,112 (includes salaries and related benefits) Request #4: Medical stipend for retired officers Response: This item was not recommended for approval Fiscal Impact: N/A Request#5: Additional vacation time for 20+ years tenure Response: Counteroffer to increase maximum accrual of 240 hours to 300 hours for 20+ years of service. It is also recommended that the Town amend its personnel policies to remove personal time off and replace it with 2 days of additional vacation time for all Town employees. Fiscal Impact: None. It is assumed that the productivity loss from the 2 vacation days will be offset by the deletion of personal time off. Request #6: Assurance of 4/10 work week Response: Work week will remain flexible. Fiscal Impact: N/A Request#7: Free parking Response: This has been and will continue to be provided Fiscal Impact: N/A Representative(s) from the Public Safety Negotiation Committee will also be present for discussion of this item. ATTACHMENTS: 1. Resolution No. (R) 06 - 27 Approving a Tentative Memorandum of Understanding 2. Public Safety Negotiating Committee Letter of Proposal Dated November 28, 2005 3. Management Negotiating Committee Response to the PSNC Letter of Proposal Dated January 12, 2006 4. Ordinance No. (0) 05-44, Clarifying Language for the Meet and Confer Process SUGGESTED MOTION: I move to approve Resolution No. (R) 06 - 27 approving a tentative Memorandum of Understanding between the Town of Oro Valley and the Public Safety Employee Group for the period of July 1, 2006 through June 30, 2007. or.... I move to VA(.(2,1 ur\41/1„4,,,,,_ David Andrews, Assistant Town Manager A, • II Chuck Sweet, own Manager RESOLUTION NO. (R) 06- 27 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, TO ENTER INTO A TENTATIVE MEMORANDUM OF UNDERSTANDING BETWEEN PUBLIC SAFETY EMPLOYEES AND THE TOWN OF ORO VALLEY PURSUANT TO CHAPTER 4, SECTION 4-1-8 OF THE TOWN CODE,PUBLIC SAFETY EMPLOYEE RELATIONS AND PROCESSES WHEREAS, the Town of Oro Valley is committed to the development and continuation of harmonious and cooperative relationships with all of its employees; and WHEREAS, the Town recognizes the right of public safety employees to join employee associations which comply with the laws of Arizona and to present proposals and testimony to the Town Council, and not to be discharged, disciplined or discriminated against because of the exercise of those rights; and WHEREAS, the continued smooth operation of the Police Department is of great benefit to the residents of Oro Valley and the general public; and WHEREAS, in 2004 the Town Council adopted Ordinance No. (0) 04-28 which enacted Town Code Chapter 4, Section 4-1-8, Public Safety Employee Relations and Processes, establishing a meet and confer process for public safety employees and the Town and refined this process by way of Ordinance No. (0) 05-44 on November 2, 2005; and WHEREAS, the Tentative Memorandum of Understanding, attached hereto as Exhibit "A", was negotiated between the Public Safety Negotiation Committee and the Town's Management Negotiation Committee, in accordance with Chapter 4, Section 4-1-8, Public Safety Employee Relations and Processes. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Tentative Memorandum of Understanding attached hereto as Exhibit "A" between the Town of Oro Valley, Arizona, and Public Safety Employees is hereby approved. BE IT FURTHER RESOLVED that it shall be effective for the period of July 1, 2006 through June 30, 2007. PASSED AND ADOPTED by Mayor and Town Council of the Town of Oro Valley, Arizona, this 19th day of APRIL , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Oro VciCCeyof ToCice £odje #53 P.O. Box 68382 Oro 1VaCley, .Arizona, 85737 "iti!:. bfA .. To: Chuck Sweet Oro Valley Town Manager From: OVFOP Negotiation Committee Date: November 28, 2005 Re: 2006-2007 Budget Year Proposal Per Town Ordinance (0) 04-28, the Oro Valley Fraternal Order of Police Lodge#53, on behalf of our members and the employees of the Oro Valley Police Department, submit our collective proposal to you relating to wages,benefits, hours, safety regulations and other working conditions. We would like you to accept the draft of a Memorandum of Understanding dated 07-01-2005 as a starting point for the 2006-2007 budget year negotiations. Our requests include: 1) The funding of the step plan for the 2006-2007 budget year 2) A cost-of-living increase (COLA) based upon the 2006-2007 University of Arizona recommendations 3)Market adjustments for commissioned officers in the amount of 6% 4)A medical stipend in the amount of$100 for retired officers 5)An additional 40 hours of vacation time for employees with 20+ year tenure with the Town of Oro Valley 6) The assurance of a 4-10 work week plan as staffing allows with an allowance for appropriate safeguards as determined by the Chief of Police 7) Free parking at all Oro Valley Police Stations and Sub-stations O ;tom TOWN OF ORO VALLEY 11000 N.LA CANADA DRIVE -= � . , w ORO VALLEY,ARIZONA 85737 y Administrative Offices(520)229-4700 Fax(520)297-0428 www.townoforovalley.com °L/NDED 1g MEMORANDUM DATE: January 12, 2006 TO: OVFOP Negotiation Committee FROM: Management Negotiation Committee RE: Your 2006-07 Budget Year Proposal We have received your proposal dated November 28, 2005. Pursuant to the Town Code, we are providing you with a written response within the required 45 day limit. 1. Funding of the Step Plan for the 2006-07 Budget Year Response: We are prepared to recommend adoption and funding of the FY 2006- 07 Step Plan for the coming fiscal year, subject to the availability of funds. 2. A cost-of-living increase (COLA)based upon the 2006-2007 University of Arizona Eller School of Economic and Business Research study. Response: We are prepared to recommend a 3.0% COLA, based upon the 2006- 2007 University of Arizona Eller School of Economic and Business Research, for all Town employees, subject to the availability of funds. 3. Market adjustments for commissioned officers in the amount of 6%. Response: In its proposal, the FOP has not provided any justification for such an across-the-board increase on a position-by-position basis (for officers, detectives, and sergeants). The FOP will need to study the current pay structure of surrounding jurisdictions as well as those organizations that draw from the same labor pool in order to demonstrate any inequities. 4. A medical stipend in the amount of$100 for retired officers. Response: We assume that the FOP's proposal is to be interpreted as $100 per month. While the cost impact of such a stipend for one fiscal year is relatively small, we are concerned about establishing a precedent that will incrementally add costs each year until the eligible employees qualify for Medicare. Postemployment healthcare benefits are a very significant financial commitment for many governments. More stringent financial reporting standards are being placed on governments which offer such benefits, requiring actuarial studies to project current and future costs and accrued liabilities associated with these financial commitments. 5. An additional 40 hours of vacation time for employees with 20+ year tenure with • the Town of Oro Valley. Response: See attached Response#5. Our counteroffer is to increase the maximum vacation accrual rate for 20+ years of service from the current 240 hours to 300 hours. 6. The assurance of a 4-10 work week plan as staffing allows with an allowance for appropriate safeguards as determined by the Chief of Police. Response: See attached response regarding Work Schedules. 7. Free parking at all Oro Valley Police Stations and Sub-stations. Response: This has been and will continue to be provided free of charge to all Town of Oro Valley-Public Safety personnel. We would also like to inform you that Stacey Lemos, Finance Director, will be replacing Bob Kovitz on the Management Negotiation Committee. Please contact David Andrews, Assistant Town Manager, at 229-4725 or dandrews@orovalley.net with any questions you may have regarding this response and to begin the Meet and Confer process within the next 30 days. Attachments FOP Request #5: An additional 40 hours of vacation time for employees with 20+year tenure with the Town The current annual leave policy gives an employee with 11 years and over a total of 160 hours of annual leave per year, with a maximum accrual rate of 240 hours. The attached spreadsheet shows there are currently 5 employees that would be eligible for the proposed additional 40 hours of vacation. The cost for the 40 hours for each employee is also included. There are no employees that would be eligible in the year 2007, however, 9 additional employees will become eligible in 2008, and 3 more employees in 2009. Benefits to adopting this request would be that the extra vacation time could be seen as a benefit to employees and encourage them to stay with the Town. The downside would be that senior department members would be unavailable to the Town for an additional 40 hours. Since the majority of employees that would be eligible for this benefit over the next few years are Police Department employees, this could be a staffing issue for the PD. An additional item to consider is that all of these employees are also eligible to convert up to 56 hours of sick time to vacation time once each year. So, a 20+ year employee could be eligible for as much as 336 hours (approx. 6 V2 weeks) of vacation time per year, although the current, maximum accrual rate is only 240 hours. A suggestion might be to increase the maximum accrual rate for 20+ years of service from the current 240 hours to 300 hours. FOP Request# 6: Work schedules Members' work week will remain flexible (and assigned by Department management) to best meet the needs of the Town. Job descriptions are available for all members' positions; these descriptions may further define work schedules. Work schedules for uniformed patrol assignments will be four consecutive days of ten hours with a regularly scheduled minimum of ten hours rest period between shifts. Adjustments to the regular work schedule may be made by supervisors to address court appearances, training requirements, deployment shortages, regular shift change conflicts and other special needs of the member or department. The basic four consecutive days of ten hours schedulingy o rs for uniformed patrol assignments will only be changed through direction of the Chief of Police based on a critical need to provide service. MEMORANDUM TO: Public Safety Negotiation Committee FROM: Chuck Sweet, Town Manager DATE: March 30, 2006 SUBJ: Tentative Memorandum of Understanding for the Period July 1, 2006 through June 30th 2007 Attached is the Tentative Memorandum of Understanding (MOU) between the Public Safety Employee Group and the Town of Oro Valley for the period July 1, 2006 to June 30, 2007. This tentative agreement includes a market adjustment to the step pay plan. The Town of Oro Valley merit increase guidelines are applicable to the job classifications not included in the step pay plan. These pay plans include a 3% cost of living increase. As I understand there is an agreement between the Management Negotiation Committee and the Public Safety Negotiation Committee. Therefore, I will support this MOU being included as an area of agreement pursuant to the Town of Oro Valley Ordinance (0) 05-44 for Council consideration based on the Town's ability to fund this agreement as part of the 2006/2007 fiscal year budget. As I understand there is also an agreement between the Management Negotiation Committee and the Public Safety Negotiation Committee on several other issues. I will support those areas of agreement as outlined below pursuant to the Town of Oro Valley Ordinance (0) 05-44 for Council consideration based on the Town's ability to fund this agreement as part of the 2006/2007 fiscal year budget: 1. Funding of Step and Merit increases based on currently established Town policies related to the employee's years of service and performance. 2. The elimination of"personal days" from the Town Policies with the inclusion of an additional 16 hours annual vacation leave accrual for all Town employees. The hours of annual vacation time earned per accrual level would be 96 hours per year instead of the current 80 for those employed for 1-5 years, 136 hours per year instead of the current 120 for those employed for 6-10 years and 176 hours instead of the current 160 for those employed for 11 years and over. Accrual policy will remain the same for part time employees at the new annual vacation accrual rates. 3. The increase in vacation accrual limits to 144 hours as compared to 120 hours for those employed for 1-5 years, 204 hours as compared to 180 hours for those employed for 6-10 years, 264 hours as compared to 240 hours for those employed for 11-20 years and 240 hours to 300 hours for those employed for 20 years and over. Accrual limit policies will remain the same for part time employees at the new annual vacation accrual rates. As a result of meeting and conferring negotiations between the Management Negotiation Committee and the Public Safety Negotiation Committee there are no areas to be outlined as matters in dispute. The signing of the document "Tentative Memorandum of Understanding between the Public Safety Employees and the Town of Oro Valley for the period July 1, 2006 to June 30, 2007" by authorized persons shall constitute an agreement pursuant to the Town of Oro Valley Ordinance (0) 05-44. This agreement will be forwarded to Council for their consideration based on the Town's ability to fund this agreement as part of the 2006/ 2007 fiscal year budget. All areas of agreement related to the "Tentative Memorandum of Understanding between the Public Safety Employees and the Town of Oro Valley for the period July 1, 2006 to June 30, 2007" may be accepted, rejected or modified by the Town Council with due consideration of all matters. / /Lot---- Chuck Sweet Town Manager C: Management Negotiation Committee Mayor& Town Council Members Attachment (1) N PSL E Y kyi Q- �2 P Vic-4 TOWN OF ORO VALLEY `. 11000 N.LA CANADA DRIVE ORO VALLEY, ARIZONA 85737 Y u: Administrative Offices(520)229-4700 Fax(520)297-0428 r Aar www.townoforovalley.com Ov 1gIV, NDED TENTATIVE MEMORANDUM OF UNDERSTANDING BETWEEN PUBLIC SAFETY EMPLOYEES AND THE TOWN OF ORO VALLEY FOR THE PERIOD JULY 1, 2006 TO JUNE 30, 2007 This Memorandum of Understanding exists between the Town of Oro Valley and the Public Safety Employee Group as provided for in Town of Oro Valley Ordinance (0) 05- 44. We recognize the primary interest of all parties is to provide excellent service through partnerships that build trust, prevent crime and promote a safe environment to enhance the quality of life within our community. This Memorandum addresses the fact that the Town strives to provide for working conditions, wages and benefits in a consistent manner for all Town employees, as outlined in the Town of Oro Valley Personnel Policies and Procedures effective January 2005, while recognizing that there are additional considerations related to specific job positions. This Memorandum of Understanding will address those considerations and/or clarifications as they pertain to job positions of the Public Safety Employee Group. Compensation Police officers, police officers assigned as lead officers, detectives, sergeants, dispatchers, dispatchers assigned as lead dispatchers, communications supervisors, records specialists, records supervisors, property forensics technicians, and lead information technician/forensic technicians are compensated pursuant to a Step Pay Plan (Attachment A) as approved by the Town Council for each fiscal year. These members, whose annual performance appraisals are approved by the Chief of Police, and whose performance appraisals indicate a "meets" or "exceeds expectations" in the summary of all factors, will be compensated at the next higher step plan rate for the position if approved by the Town Council each fiscal year. Office assistants, office specialists, receptionists, crime analysts, senior office specialists, public information officers, and police administrative service managers are compensated pursuant to Town of Oro Valley Personnel Policies and Procedures, Policy 6-Classification, Policy 12-Compensation and Policy 13-Pay Adjustments .These members receive annual merit increases based on the summary of all factors rated in annual performance reviews approved by the Chief of Police in accordance with the Town of Oro Valley Merit Increase Guidelines (Attachment B) and the list of Job Classifications in Alphabetical Order detailing salary ranges (Attachment C) if such merit increases are approved by Town Council each fiscal year. Public Safety MOU thru 063007.doc 1 Members assigned as motor officers, D.A.R.E. officers, school resource officers and canine handlers will be compensated with an additional $40 per week ($80 per bi- weekly pay period) "special assignment" pay. Additional assignments may be included for assignment pay at the direction of the Chief of Police. Police officers assigned as investigators in the Detective Unit of the Oro Valley Police Department will be compensated at the detective pay rate commensurate with the step reached through years of service as police officers. Detectives and police officers assigned as investigators in the Detective Unit of the Oro Valley Police Department will receive annual performance reviews and compensation step increase consideration based on the anniversary date of their assignment as sworn police officers. Police Officers assigned as Field Training Officers will be compensated with an additional $40 per week ($80 per bi-weekly pay period) "special assignment" pay during the period they are actively involved in the field training phases of officer(s) in field training. Members will receive additional on-call pay at a rate of$1.00 per hour in accordance with Town of Oro Valley Personnel Policies and Procedures, Policy 30-On-Call and emergency Call—Out Pay. Members will receive shift differential pay at a rate of$.80 per hour for regular scheduled hours worked between the hours of 1800 and 0600 hours. It is the member's responsibility to indicate hours subject to shift differential on payroll time sheets when the time sheets are submitted. If a member works a shift that includes hours subject to shift differential pay as a result of a shift trade with another member, the member who was scheduled to work that time will receive the shift differential pay. Members must keep this in mind when they work out a shift trade with another member. Members will be compensated with overtime pay at a rate 1.5 times their regular hourly rate or accrue compensatory time pursuant to Town of Oro Valley Personnel Policies and Procedures, Policy 14-overtime. Paid leave time may be considered part of a member's normal work period for the calculation of overtime compensation as long as the paid leave time is not the same shift day as that for which overtime compensation is requested. However, if the member was called out during hours other than the member's regular hours of work on a day where paid leave time was used for normal work hours they may receive overtime compensation for the time worked related to the call out. Members who are called into work during hours other than the member's regular hours and/or days of work shall be compensated by two hours of overtime or the actual time spent working whichever is greater. If the member is called into work within 60 minutes of the completion of the member's normal work period, the member shall be compensated for overtime from the end of his or her normal work period until the member completes the assignment, is no longer required, or goes off-duty. If a member's normal work period begins within the two hour period of being called into duty, the overtime shall be compensated from the call in time to the beginning of the normal work period. Public Safety MOU thru 063007.doc 2 Members who are required to attend any pretrial hearing, Motor Vehicle Division hearing, civil or criminal trial to carry out the member's departmental duty during hours other than the member's regular hours and/or days of work shall be compensated by three hours of overtime or the actual time spent in attendance, whichever is greater. If the attendance is required within 60 minutes of the member's normal work period, the member shall be compensated for overtime from the end of his or her normal work period to the end of the required appearance. If a member's normal work period begins within the three hour period of a required appearance, the overtime shall be compensated from the appearance time to the beginning of the normal work period. Members who are required to attend additional hearings or trials in one day shall not receive a second minimum 3-hour period of overtime compensation unless the additional appearance is required more than 60 minutes from the end of the three hour period or release from previous required appearance, whichever is later. Members in certified peace officer positions, dispatchers, dispatchers assigned as lead dispatchers, communications supervisors, and forensic technicians will be compensated for a 30 minute meal period as part of their regular work period as long as these members remain available to immediately respond to provide service when necessary during the meal period. Work schedules Members' work week will remain flexible and assigned by Department management to best meet the needs of the Town. Job descriptions are available for all members' positions; these descriptions may further define work schedules. Work schedules for uniformed patrol assignments will be four consecutive days of ten hours with a regularly scheduled minimum of ten hours rest period between shifts. Adjustments to the regular work schedule may be made by supervisors to address court appearances, training requirements, deployment shortages, regular shift change conflicts, and other special needs of the member or department. The basic four consecutive days of ten hours scheduling for uniformed patrol assignments will only be changed through direction of the Chief of Police based on critical need to provide service. Retirement Benefits Members eligible for the Public Safety Personnel Retirement system (P.S.P.R.S. 20 year retirement plan for certified peace officers) shall contribute a percentage of their salary and the Town shall contribute an additional percentage of the member's salary as outlined in the Arizona Revised Statutes. Percentages may fluctuate annually depending on actions of the State of Arizona. Members who elect to "drop" in the Public Safety Personnel Retirement system receive an additional percentage contribution of the member's salary from the Town commensurate with the current rate of employer contribution for Arizona State Retirement System members (which percentages may fluctuate annually depending on actions of the State of Arizona) into a "457" deferred compensation plan for the member. Public Safety MOU thru 063007.doc 3 Members eligible for the Corrections Officer Retirement Plan (C.O.R.P. 25 year retirement plan for dispatchers, lead dispatchers and communications supervisors) contribute a percentage of salary and the Town shall contributes an additional percentage of the member's salary as outlined in the Arizona Revised Statutes. Percentages may fluctuate annually depending on actions of the State of Arizona. All remaining members will participate in the Arizona State Retirement System (defined benefit plan for all members not eligible for P.S.P.R.S. or C.O.R.P.) and shall contribute a percentage of salary and the Town shall contribute an additional percentage of the member's salary as outlined in the Arizona Revised Statutes. Percentages may fluctuate annually depending on actions of the State of the member's salary. Uniforms and Equipment Members in certified peace officer positions and forensic technicians will receive $1,200 annually (in quarterly payments of$300 after the first year of service because new officers (and forensic technicians) receive a $1,200 lump sum payment upon hire) to purchase and maintain uniforms, clothing and equipment sufficient to comply with OVPD Rules Chapter 12. Members in certified peace officer positions will receive a stipend toward the purchase a ballistic vest of their choice every five years. The vest must meet or exceed National Institute of Justice Standards 0101.03 and 0101.04, "Ballistic Resistance of Personal Body Armor". Members in certified peace officer positions will be issued a duty weapon, duty belt, chemical defense agent, baton, pocket recorder and duty belt accessories to carry equipment normally carried on the duty belt. Other specialty equipment may be issued to members as approved by the Chief of Police. If a newly hired certified peace officer or forensic technician terminates employment with the Town of Oro Valley for any reason within the first 12 months after their date of hire, a pro-rated portion (calculated as a percentage of days employed out of a total 365 calendar year days) of the original $1,200 uniform allowance advance will be owed to the Town and shall be deducted from the employee's final paycheck. A member who receives uniform allowance and must spend over the $1,200 uniform allowance, in any year of service to maintain compliance with OVPD Rules & Procedures, for the repair or replacement of uniforms, clothing, and equipment items damaged, lost or stolen in the performance of assigned duty without fault or negligence of the member shall be reimbursed by the Town for those costs over $1,200 when documentation of the loss and additional costs are provided and the Chief of Police approves the reimbursement. Public Safety MOU thru 063007.doc 4 Oro Valley Police Department Member Benefits in addition to the Member benefits described herein, there is a current list of Member benefits and/or working conditions provided through the Town of Oro Valley (Attachment D). Signed and dated: Public Safety Negotiation Committee: Management Negotiation Committee: „5/5e/6),‘ Crol Wes Helvi• o Officer Willett, Human Resources Analyst CA(911:400-atlaCtflAoo)O Lorinda Navarro, Crime Analyst Stacey/14mos, Finance Director s 33o.- Bud ` Novak Detective Larry STevens, Commander AvTei 3/)oria ta3attv, • e Thomas, Sergeant David Andrews, Asst. Town Manage Public Safety MCU thru 053007.doc 5 LO to 0) to Q lU Co h.. 0)_ CO t,0 N_ ) CO Cor- CO 0) l{) Ea ft/ ea fa fft Et t} . ~ CO CO r- r 0 O 0 0) Q CO 0 CO N- .4- N.- CD totoCo co- v. Co c O v Eft Eft Eft Eft Eft Ea Ea CO a0)) 0 CO N- o 0 CO CO c Q. (N1 CO O to N 0) CD ail CD•i,,, r' CO- C0 N � to c- LO 0- Eft ( E Eft � � . as 0_ to to 0) 0) O t-- 0) .4- to O .t' to N. 0) co .� a) Q COt CO Co o r- r- O ;74 cb Co O co- O N �t 0) O Cl) 0 d' to L d- .q CO CO 2 - Eft Ea Ea Ea Eft Eft Eft o a3 _ E t „,t, 0) o 0 to 0) tet. r- o 0) CO V. 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P .o U E a) o 0 C) O o n �, 4) U a) 2 a) o c\i o -x c\i c� 6 0 co (0 x O 2 2 w z o o c > o -4-= 4-) w> co 2 —I o a) o i— I'D= 2 co E CCS as 73 o o *c,, o m > E > o o 0 Co O 1- 2 �- z 2 0 0 0 0 0 z _ c,_ w 0 E 2 15- a U Q o 1-- r) u) Q h. o 20 o : o 0 0 N O i-; IS O O O O O cc) o O O O O O 0 a) N � W 0 w Iwo Ill '4-6 w E -..i 0,—1 --I J Tv- = ,..,I:.7_ Th, c p: 0....5.:,) ,•.....47_ c.,:,!:.%) ..,....„;-- ...., c a) .E Cl_ a) ce `n 0)(ro 0)a w ct3 xo -c � N- cQ � 5 � >, ai D — o D MD MD .o O CCS 2Z-7-011- 4 o Cro ce0c3a W e a ,, Lo _ d I coiLO - N N N Attachment C Tentative to MOU FY 2006-2007 JOB CLASSIFICATIONS IN ALPHABETICAL ORDER Revised 3/1/06 (includes 3%COLA) JOB CLASSIFICATION 1 Salary Rangel Minimum 12nd Quartile I Midpoint 13rd Quartile I Maximum Accountant 42 $31,561 $35,506 $39,452 $43,397 $47,342 Accounting Clerk 30 $23,468 $26,401 $29,334 $32,268 $35,201 Accounting Supervisor 59 $48,025 $54,028 $60,030 $66,033 $72,036 Administrative Assistant to Town Manager 46 $34,838 $39,193 $43,547 $47,902 $52,257 Assistant Pool Manager 30 $23,468 $26,401 $29,334 $32,268 $35,201 Assistant Town Manager 82 $84,745 $95,338 $105,930 $116,523 $127,116 Assistant Town Prosecutor 62 $51,717 $58,182 $64,646 $71,111 $77,575 Bicycle,Pedestrian&Trails Coordinator 45 $33,988 $38,237 $42,485 $46,733 $50,982 Budget&Management Analyst 54 $42,446 $47,752 $53,058 $58,364 $63,669 Building Administrator 71 $64,587 $72,660 $80,734 $88,808 $96,881 Building Inspector 45 $33,988 $38,237 $42,485 $46,733 $50,982 Building Inspector II 49 $37,517 $42,206 $46,896 $51,585 $56,275 Building Permit Manager 48 $36,601 $41,176 $45,752 $50,327 $54,902 Chief Building Inspector 59 $48,025 $54,028 $60,030 $66,033 $72,036 Chief Civil Deputy Attorney 70 $63,012 $70,889 $78,765 $86,642 $94,518 Civil Attorney 62 $51,717 $58,182 $64,646 $71,111 $77,575 Civil Engineer 56 $44,596 $50,170 $55,745 $61,319 $66,893 Civil Engineering Designer 54 $42,446 $47,752 $53,058 $58,364 $63,669 Civil Engineering Technician 44 $33,159 $37,305 $41,449 $45,594 $49,739 Commercial Plans Examiner 55 $43,507 $48,947 $54,385 $59,823 $65,262 Community Development Director 76 $73,074 $82,208 $91,343 $100,478 $109,612 Construction Clerk 30 $23,468 $26,401 $29,334 $32,268 $35,201 Construction Inspector 48 $36,601 $41,176 $45,752 $50,327 $54,902 Construction Manager 56 $44,596 $50,170 $55,745 $61,319 $66,893 Court Administrator 48 $36,601 $41,176 $45,752 $50,327 $54,902 Court Clerk 30 $23,468 $26,401 $29,334 $32,268 $35,201 Courtroom Clerk 42 $31,561 $35,506 $39,452 $43,397 $47,342 Crime Analyst 46 $34,838 $39,193 $43,547 $47,902 $52,257 Customer Service Representative(Library) 30 $23,468 $26,401 $29,334 $32,268 $35,201 Customer Service Representative(water) 34 $25,903 $29,142 $32,380 $35,617 $38,856 Customer Service Supervisor 42 $31,561 $35,506 $39,452 $43,397 $47,342 Deputy Town Clerk 44 $33,159 $37,305 $41,449 $45,594 $49,739 Development Coordinator 40 $30,041 $33,795 $37,551 $41,306 $45,060 Development Review Division Manager 68 $59,976 $67,472 $74,970 $82,467 $89,963 Development Technician 32 $24,655 $27,737 $30,820 $33,901 $36,983 Economic Development Administrator 66 $57,086 $64,222 $71,357 $78,493 $85,629 Economic Development Specialist 55 $43,507 $48,947 $54,385 $59,823 $65,262 Engineering Design Reviewer 54 $42,446 $47,752 $53,058 $58,364 $63,669 Engineering Division Manager 68 $59,976 $67,472 $74,970 $82,467 $89,963 Facilities Maintenance Technician 38 $28,593 $32,167 $35,741 $39,315 $42,889 Finance Director 76 $73,074 $82,208 $91,343 $100,478 $109,612 GIS Analyst 55 $43,507 $48,947 $54,385 $59,823 $65,262 Government&Corn Relations Admstrtr 66 $57,086 $64,222 $71,357 $78,493 $85,629 Heavy Equipment Mechanic 44 $33,159 $37,305 $41,449 $45,594 $49,739 Heavy Equipment Operator 35 $26,551 $29,870 $33,190 $36,508 $39,827 Human Resources Analyst 52 $40,401 $45,452 $50,502 $55,552 $60,602 Human Resources Assistant 27 $21,792 $24,516 $27,240 $29,964 $32,688 Human Resources Director 72 $66,201 $74,477 $82,752 $91,027 $99,303 Information Technology Administrator 69 $61,476 $69,159 $76,844 $84,528 $92,213 Information Technology Technician 55 $43,507 $48,947 $54,385 $59,823 $65,262 Law Clerk 30 $23,468 $26,401 $29,334 $32,268 $35,201 Lead Transit Driver 30 $23,468 $26,401 $29,334 $32,268 $35,201 Attachment C Tentative to MOU Lead Water Safety Instructor 24 $20,236 $22,765 $25,295 $27,824 $30,354 Lead Water Utility Operator 48 $36,601 $41,176 $45,752 $50,327 $54,902 Legal Assistant 40 $30,041 $33,795 $37,551 $41,306 $45,060 Legal Secretary 36 $27,216 $30,617 $34,019 $37,421 $40,823 Librarian 53 $41,411 $46,588 $51,764 $56,940 $62,117 Library Administrator 67 $58,513 $65,827 $73,141 $80,455 $87,769 Library Associate 37 $27,895 $31,383 $34,870 $38,356 $41,473 Library Page 20 $18,333 $20,625 $22,916 $25,207 $27,499 Lifeguard 18 $17,450 $19,631 $21,812 $23,993 $26,174 Magistrate Judge 72 $66,201 $74,477 $82,752 $91,027 $99,303 Office Assistant 22 $19,261 $21,669 $24,076 $26,484 $28,892 Office Specialist 34 $25,903 $29,142 $32,380 $35,617 $38,856 Paralegal 46 $34,838 $39,193 $43,547 $47,902 $52,257 Park Monitor 24 $20,236 $22,765 $25,295 $27,824 $30,354 Parks&Recreation Administrator 71 $64,587 $72,660 $80,734 $88,808 $96,881 Parks Maintenance Crew Leader 40 $30,041 $33,795 $37,551 $41,306 $45,060 Parks Maintenance Supervisor 50 $38,454 $43,261 $48,068 $52,875 $57,682 Parks Maintenance Worker 24 $20,236 $22,765 $25,295 $27,824 $30,354 Planner 51 $39,416 $44,343 $49,270 $54,197 $59,124 Planning&Zoning Administrator 71 $64,587 $72,660 $80,734 $88,808 $96,881 Planning Technician 43 $32,350 $36,394 $40,438 $44,482 $48,525 Plans Examiner 53 $41,411 $46,588 $51,764 $56,940 $62,117 Police Administrative Services Manager 46 $34,838 $39,193 $43,547 $47,902 $52,257 Police Chief 82 $84,745 $95,338 $105,930 $116,523 $127,116 Police Commander 76 $73,074 $82,208 $91,343 $100,478 $109,612 Police Lieutenant 70 $63,012 $70,889 $78,765 $86,642 $94,518 Police Professional Development&Trng 60 $49,225 $55,378 $61,531 $67,684 $73,838 Pool Manager 38 $28,593 $32,167 $35,741 $39,315 $42,889 Principal Planner 63 $53,010 $59,636 $66,262 $72,889 $79,515 Public Information Officer 56 $44,596 $50,170 $55,745 $61,319 $66,893 Public Wokrs Operations Division Manager 68 $59,976 $67,472 $74,970 $82,467 $89,963 Public Works Contracts Coordinator 44 $33,159 $37,305 $41,449 $45,594 $49,739 Public Works Director/Town Engineer 76 $73,074 $82,208 $91,343 $100,478 $109,612 Public Works Foreman 44 $33,159 $37,305 $41,449 $45,594 $49,739 Public Works Maintenance Worker 24 $20,236 $22,765 $25,295 $27,824 $30,354 Receptionist 22 $19,261 $21,669 $24,076 $26,484 $28,892 Recreation Aide 24 $20,236 $22,765 $25,295 $27,824 $30,354 Recreation Leader 30 $23,468 $26,401 $29,334 $32,268 $35,201 Recreation Program Coordinator 46 $34,838 $39,193 $43,547 $47,902 $52,257 Senior Accounting Clerk 36 $27,216 $30,617 $34,019 $37,421 $40,823 Senior Civil Engineer 62 $51,717 $58,182 $64,646 $71,111 $77,575 Senior Civil Engineering Technician 50 $38,454 $43,261 $48,068 $52,875 $57,682 Senior Court Clerk 36 $27,216 $30,617 $34,019 $37,421 $40,823 Senior Development Technician 38 $28,593 $32,167 $35,741 $39,315 $42,889 Senior Heavy Equipment Operator 40 $30,041 $33,795 $37,551 $41,306 $45,060 Senior Librarian 59 $48,025 $54,028 $60,030 $66,033 $72,036 Senior Library Associate 47 $35,709 $40,173 $44,636 $49,099 $53,563 Senior Office Assistant 28 $22,337 $25,129 $27,921 $30,714 $33,505 Senior Office Specialist 40 $30,041 $33,795 $37,551 $41,306 $45,060 Senior Parks Maintenance Worker 34 $25,903 $29,142 $32,380 $35,617 $38,856 Senior Planner 60 $49,225 $55,378 $61,531 $67,684 $73,838 Senior Plans Examiner 57 $45,710 $51,424 $57,138 $62,852 $68,565 Senior Public Works Maintenance Worker 30 $23,468 $26,401 $29,334 $32,268 $35,201 Senior Zoning Inspector 49 $37,517 $42,206 $46,896 $51,585 $56,275 Special Projects Coordinator 56 $44,596 $50,170 $55,745 $61,319 $66,893 Streets&Drainage Crew Leader 45 $33,988 $38,237 $42,485 $46,733 $50,982 kiliw Streets&Drainage Field Supevisor 49 $37,517 $42,206 $46,896 $51,585 $56,275 Streets Superintendent 60 $49,225 $55,378 $61,531 $67,684 $73,838 Attachment C Tentative to MOU Town Attorney 78 $76,774 $86,371 $95,967 $105,565 $115,161 Town Clerk 72 $66,201 $74,477 $82,752 $91,027 $99,303 Town Manager 88 $100,800 $113,890 $126,916 $139,171 $151,832 Town Prosecutor 70 $63,012 $70,889 $78,765 $86,642 $94,518 Traffic Signal/Signage Technician 44 $33,159 $37,305 $41,449 $45,594 $49,739 Traffic Signs&Markings Crew Leader 41 $30,792 $34,641 $38,489 $42,338 $46,187 Traffic Signs&Markings Worker 35 $26,551 $29,870 $33,190 $36,508 $39,827 Transit Driver 24 $20,236 $22,765 $25,295 $27,824 $30,354 Transit Services Administrator 60 $49,225 $55,378 $61,531 $67,684 $73,838 Water Conservation Specialist 55 $43,507 $48,947 $54,385 $59,823 $65,262 Water Distribution Supervisor 66 $57,086 $64,222 $71,357 $78,493 $85,629 Water Production Supervisor 66 $57,086 $64,222 $71,357 $78,493 $85,629 Water Safety Instructor 22 $19,261 $21,669 $24,076 $26,484 $28,892 Water Utility Administrator 70 $63,012 $70,889 $78,765 $86,642 $94,518 Water Utility Director 76 $73,074 $82,208 $91,343 $100,478 $109,612 Water Utility Engineering Division Manager 70 $63,012 $70,889 $78,765 $86,642 $94,518 Water Utility Operator I 36 $27,216 $30,617 $34,019 $37,421 $40,823 Water Utility Operator II 42 $31,561 $35,506 $39,452 $43,397 $47,342 Water Utility Project Manager 62 $51,717 $58,182 $64,646 $71,111 $77,575 Webmaster 58 $46,854 $52,710 $58,566 $64,422 $70,279 Zoning Inspection Technician 37 $27,895 $31,383 $34,870 $38,356 $41,473 Zoning Inspector 43 $32,350 $36,394 $40,438 $44,482 $48,525 ATTACHMENT D - Tentative to MOU OVPD Member Benefits Current list of Police Department member benefits and/or working conditions provided through the Town of Oro Valley in addition to those described in the proposed Memorandum of Understanding effective for July 1 , 2006 through June 30, 2007. 1. Compressed and / or flexible work week, where practical, for many assignments 2. Take Home vehicles assigned for many positions and or assignments 3. Paid Holidays (11 per year — 10 @ double time if worked/1 — birthday — day off) 4. Vacation Pay (tentative 96 hours — 176 hours per year, dependent upon years of service) a. those employed for 1-5 years earn 96 hours per year, accrual limit 144 hours b. those employed for 6-10 years earn 136 hours per year, accrual limit 204 hours c. those employed for 11 years and over earn 176 hours per year, accrual limit 264 hours d. those employed for 20 years and over earn 176 hours per year, accrual limit 300 hours 5. Sick leave benefits (12 days / 96 hours per year) a. Members with over 480 hours sick leave can convert up to 56 hours of unused sick leave from the previous 12 months to vacation time annually b. 50 percent of unused sick leave accumulated over 480 hours will be paid out to members at the member's regular hourly rate at the time of separation from service with the Town of Oro Valley 6. Bereavement Leave 7. Regular pay for up to 1 year for military reservists on Presidential call-up 8. Coordination of Off-Duty Work (and indemnification) 9. 100% of members medical insurance premium paid by Town ATTACHMENT D - Tentative to MOU 10. 75% of the additional monthly premium cost for members dependent medical insurance premium paid by Town, the Town currently offers two medical plans. 11. 100% of members dental insurance premium paid by Town 12. 75% of members dependant dental insurance premium paid by Town 13. Retired members have the option of continuing medical insurance coverage at a rate made available to them through participation of the Town in rate negotiations 14. 100% Life Insurance premium paid by the Town for a policy that pays out one year of the member's salary 15. Supplemental Life Insurance available for member where member may purchase additional life insurance up to five times the member's annual salary at a rate made available to them through participation of the Town in rate negotiations 16. Supplemental Life Insurance is available for spouse and children at a rate made available to them through participation of the Town in rate negotiations 17. 100% of the member's long-term disability insurance premium is paid by Town for non-ABRs participant members 18. 100% of the members workers' compensation insurance premium is paid by the Town 19. Extensive Employee Assistance Program (EAP) — provided by Town 20. Tuition Reimbursement for members at a rate of 75% reimbursement from the Town based on UofA rates for books and tuition for job-related college credit courses 21. Town sponsored "Section 129 Plan" (Dependent Tuition savings account with tax-free interest) 22. Town sponsored "Section 105 Plan" (Medical Care Reimbursement Accounts up to $1500 per year) 23. Town sponsored "Section 125 Plan" (Pre-Tax contributions for Medical/Dental/Supplemental Life insurance premiums) 24. Town sponsored "Section 125 Plan" (Pre-Tax contribution for Dependent Care Reimbursement Accounts up to $5000 per year) 25. Town sponsored "Section 529" (Pre-Tax contribution Dependent Education Savings Plan) • 26. Town sponsored 457 Deferred Compensation Plans (Pre-Tax contributions) ATTACHMENT D - Tentative to MOU 27. Town sponsored Colonial supplemental insurance products a. accident plan b. short term disability plan c. cancer plans d. long term care plan e. hospital indemnity plan 28. Supplemental Vision Care benefits (Eye Care Direct) 29. Supplemental Prepaid Legal Services 30. Access to Credit Union (AZ Central Credit Union) 31. Supplemental Commuter insurance paid by Town through AMRRP 32. Town administered payroll deduction for FOP/OVPONIOO Club Dues Additional detailed information related to the above-mentioned benefits is available from the Town of Oro Valley Human Resources Department. ORDINANCE NO. (0) 0544 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING CHAPTER 4, SECTION 4-1-8 OF THE TOWN CODE, PUBLIC SAFETY EMPLOYEE RELATIONS AND PROCESSES, CLARIFYING CERTAIN LANGUAGE FOR THE MEET AND CONFER PROCESS TO BE MORE FUNCTIONAL WHEREAS, the Town of Oro Valley is committed to the development and continuation of harmonious and cooperative relationships with all of its employees; and WHEREAS, the Town recognizes the right of public safety employees to join employee associations which comply with the laws of Arizona and to present proposals and testimony to the Town Council, and not to be discharged, disciplined or discriminated against because of the exercise of those rights; and WHEREAS, the continued smooth operation of the Police Department is of great benefit to the residents of Oro Valley and the general public; and WHEREAS, in 2004 the Town Council adopted Ordinance No. (0) 04-28 which enacted Town Code Chapter 4, Section 4-1-8, Public Safety Employee Relations and Processes, establishing a meet and confer process for public safety employees and the Town; and WHEREAS, experience in operating under Section 4-1-8 led to the understanding among the employees and Town administration that certain technical changes should be made so that the process was more functional. NOW THEREFORE, be it ordained by the Mayor and Council of the Town of Oro Valley as follows: SECTION 1. The document entitled Section 4-1-8, Public Safety Employee Relations and Processes, attached hereto as "Exhibit A," will replace the existing Town Code Chapter 4, Section 4-1-8 in its entirety. SECTION 2. It has been determined that "Exhibit A" is a public record and three copies of this document shall remain on file in the office of the Town Clerk. SECTION 3. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, including "Exhibit A", is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. F:\Police Dept\Misc\Public Safety Employee Proccsses\Ordinance 4-1-8 amended 101805.doc Office of the Oro Valley Town Attorney/ca/101805 PASSED AND ADOPTED by Mayor and Town Council of the Town of Oro Valley, Arizona, this 2ND day of NOVEMBER , 2005. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kat E. Cuvelier, Town Clerk APPROVED AS TO FORM: 1\4= inda Garra . , •own Attorney • EXHIBIT "A" IS AVAILABLE FOR PUBLIC REVIEW IN THE OFFICE OF THE ORO VALLEY TOWN CLERK BETWEEN THE HOURS OF 8 AM - 5 PM, MONDAY THRU FRIDAY. THE TOWN HALL OFFICES ARE LOCATED AT 11,000 N LA CANADA DRIVE, ORO VALLEY, AZ PUBLISH: DAILY TERRITORIAL NOVEMBER 15, 16, 17, 18, 2005 POSTED: NOVEMBER 9 - DECEMBER 9, 2005 RG i F:\Police Dept\Misc\Public Safety Employee Processes\Ordinance 4-1-8 amended 101805.doc Office of the Oro Valley Town Attorney/ca/101805 "EXHIBIT A" SECTION 4-1-8 PUBLIC SAFETY EMPLOYEE RELATIONS AND PROCESSES A. Preamble The citizens of Oro Valley have a fundamental interest in the development of harmonious and cooperative relations between Management, Elected Officials, Administrators and public safety employees of the Town. Public safety employees have the right to join employee associations which comply with the laws of Arizona, and to present proposals and testimony to the Town Council; and not to be discharged, disciplined or discriminated against because of the exercise of those rights. The Town of Oro Valley, its public safety employees and employee associations have a basic obligation to the public to assure the orderly and continuous operations and functions of government. Strikes, work stoppages, slowdowns, and other concerted efforts designed to disrupt Town of Oro Valley services, are contrary to the public good and are strictly prohibited. B. Purpose It is the purpose of this Section to obligate the Town management, public safety employees and their representatives, acting within the framework of law, to enter into discussions with an affirmative willingness to communicate and resolve issues that significantly impact working conditions. It is also the purpose of this Section to promote harmonious employer— employee relations by providing a uniform basis for recognizing the right of public safety employees to join, or to refrain from joining, an association of their own choice. Also, it is their right to be represented by such association(s) in their dealings with the Town in accordance with the provisions of this Section. Additionally, this Section provides that the results of agreements between the employer and its public safety employees shall be drafted into written Memoranda of Understanding. C. Public Safety Employee Group The employees eligible to participate in determining annual representation, in accordance with Part D below, include: Police Officers with the rank of Sergeant and below who are not in the academy, in field training or on reserve status as of August 1st each year; and non-exempt civilian employees assigned to, supervised by or otherwise under the control of the Police Department. D. Representation Employee associations wishing to represent public safety employees shall submit a memorandum to the Town Manager by August 1st of each year, indicating their desire to represent the public safety employee group. In the event that only one employee association seeks to represent the public safety employee group, the Town Manager shall designate that employee association as the official organization for representation purposes provided for by this Section. In the event there is more than one employee association seeking to represent the public safety employee group, authorized representation for the group shall be determined by the presentation of a petition to the Town Manager containing the signatures of at least fifty percent (50%) plus one (1) of the employees in the public safety employee group by September 1st. The petition shall identify the employee association designated to represent those employees. Upon verification of the signatures by the Town Clerk and Human Resources Department, the Town Manager shall designate the named employee association as the official organization for representation purposes provided for by this Section. After the representative Association is designated, the public safety employee group shall designate a Public Safety Negotiation Committee ("PSNC") comprised of four (4) members of the public safety employee group. E. Meeting and Conferring By October 1st, the Town Manager or his/her designee shall notify the Association and the PSNC of the selection and names of the Management Negotiation Committee ("MNC") members. The PSNC shall submit proposals relating to wages, benefits, hours, safety regulations and other working conditions by November 30th of each year to the Town Manager or his/her designee. Upon receiving a proposal from the PSNC, the Town Manager or his/her designee shall submit a written response to the proposal within a reasonable time thereafter which shall be not more than forty-five (45) days after the receipt of the proposal. Within thirty (30) days from the receipt of the Town Manager's response, the PSNC and the MNC shall begin "meeting and conferring" at mutually agreed upon locations and times, for the purpose of entering into a written Memorandum of Understanding. The process shall be conducted in good faith by both parties. Meetings shall take place until an agreement is reached, or impasse is declared. Time spent by the PSNC in meet and confer-related meetings shall be regular duty hours. Regular duty hours time spent in non-negotiation meet and confer-related meetings shall be reasonable and require prior approval by Police Department Command Staff. F:\Police Dept\Misc\Public Safcty Employee Proccsscs\Negotiations REVISED ORO VALLEY MEET AND CONFER ORD 110105 final.doc 2 Any final agreement reached by the MNC and the PSNC shall be in writing and signed by authorized persons. Those areas not agreed to shall be outlined as matters in dispute. Not later than April 15th, all areas of agreement, as well as those matters in dispute, shall be brought forward at the next practical Town Council meeting. With due consideration of all matters, the Town Council may accept, reject, or modify those areas of agreement. The Town Council may also take whatever actions they feel appropriate with regard to those matters in dispute. Final action by the Town Council shall constitute the Memorandum of Understanding for the following fiscal year only. All time limits in this Section may be waived by mutual agreement of the MNC and the PSNC. F. Conflict with Arizona State law In the event that any provision of this Section is in conflict with Arizona state law, including the Arizona Constitution, statutes or court decisions, then to the extent of the conflict Arizona state law shall prevail over this Section. Any such conflict shall not impair the validity of all other provisions herein not in conflict with Arizona state law. F:\Police Dept\Misc\Public Safety Employee Processes\Negotiations REVISED ORO VALLEY MEET AND CONFER ORD 110105 fmal.doc 3 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 19, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Craig Civalier, Town Engineer SUBJECT: Resolution (R ) 06 - 28 A Resolution of the Mayor and Council of the Town of Oro Valley, declaring support to develop a Regional Transportation Plan and designating an initial contact person to act on its behalf in identifying regionally significant routes for Pinal County. SUMMARY: On February 9, 2006, the Pinal County Board of Supervisors sponsored the Pinal Regional Transportation Summit to discuss the development of a regional transportation plan in Pinal County. Multiple small area transportation studies are currently underway within Pinal County and the recommendations from these studies will provide the foundation for the regional transportation plan. The Small Area Transportation Studies (SATS) will provide a comprehensive transportation plan of local roads to develop improvement programs with an optional transit element. The local jurisdictions will manage the study and the procurement process. As discussed at the summit, the next step in developing the regional transportation plan is to identify regionally significant routes. To begin this process Pinal County is requesting a commitment from those attending to participate as key stakeholders to the study. As Town Engineer for the Town of Oro Valley, I would like to volunteer myself as the initial point of contact from the Town of Oro Valley, for this study, through the execution of the attached resolution of support to develop a regional transportation plan in Pinal County. ATTACHMENTS: 1. Resolution (R) 06 -28 2. Letter from Pinal County Board of Supervisors dated March 20, 2006 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution (R) 06-28 . declaring support to develop a Regional Transportation Plan and designating an initial contact person to act on its behalf in identifying regionally significant routes for Pinal County. Or I move to deny Resolution (R) 06-28 . Or I move to // , / , s ,*,/// %�J �� C i ,Civalier, own ngineer a ._‘4,,,,,- D.. c. = , drews, istant Town Manager c7 / , r /d. r, 1 Chuck Sweet, Town Manager RESOLUTION NO. 06-28 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, DECLARING SUPPORT TO DEVELOP A REGIONAL TRANSPORTATION PLAN AND DESIGNATING AN INITIAL CONTACT PERSON TO ACT ON ITS BEHALF IN IDENTIFYING REGIONALLY SIGNIFICANT ROUTES FOR PINAL COUNTY. WHEREAS, the cities, towns and the unincorporated areas of Pinal County are experiencing unprecedented growth creating considerable transportation needs for the traveling public; and, WHEREAS, developing a transportation system to accommodate the travel demands of the pubic are necessary to ensure a high quality of life and continued growth of Pinal County; and, WHEREAS, Pinal County and the cities, towns and Indian communities within Pinal County wish to develop a safe and efficient transportation system acceptable to Pinal County and the cities, towns, and Indian communities within Pinal County and in accordance with adopted regional planning concepts; and, WHEREAS, it is in the best interests of Pinal County and the cities, towns and Indian communities within Pinal County to develop a regional transportation plan and provides for a high level of mobility; encourages connectivity in transportation improvement projects; and, coordinates planning activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: 1. That this body supports the development of a regional transportation plan for Pinal County and commits the necessary staff to participate in the efforts to develop a regional transportation plan and to identify regionally significant routes; and, 2. That this body designates Craig Civalier, the Town Engineer of the Town of Oro Valley as its initial contact person to act on its behalf in the development of a regional transportation plan and to identify regionally significant routes for Pinal County. 1 PASSED, ADOPTED, BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY on APRIL 19M, 2006. Mayor Paul Loomis ATTEST: Town Clerk Kathryn Cuvelier APPROVED AS TO FORM: Town Attorney Melinda Garrahan 2 - PINAL COUNTY BOARD OF S —Nifty LIONEL D. RUIZ, District 1 etz\t\AL G'o MAP 07"4C r.44 ITV r i Mammoth At 2� J 1 S 75 -< TERRY DOOLITTLE SANDIE SMITH. District 2 Q �' b Apache Junction County Manager (.—_ • DAVID SNIDER, District 3 hlj Ni„0,0 Casa Grande March 20, 2006 Dear Pinal Stakeholder: The Pinal County Board of Supervisors would like to thank you for participating in the Pinal . p• government'su . The Regional Transportation Summit and discussing your transportation needs with s • opportunity for stakeholders to create the vision for regional transportation summit provided an pp y planning. We appreciate your support of this exciting planning effort and hereby reiterate our commitment to fund the development of a regional transportation plan. small%s area transportation studies are currently underway within Pinal County and the "'" Multiple P these studies will provide the foundation for the regional transportation plan. As recommendations from discussed at thestep summit, the next in developing the regional transportation plan is to identify regionally significantbegin routes. To be in this process, we need to identify key stakeholders to participate in the study and ask for their commitment to the study. This will be accomplished through the execution of a resolution of support a to developregional transportation plan and to designate an initial point of contact for the study. A sample resolution is enclosed for your use. Please submityour fullyexecuted resolution of support to Kathy Borquez, Pinal County Department of Public Works, P. 0. Box 727, Florence, AZ, 85232 by Monday, April 24, 2006. If you have questions with the enclosed information, please contact Kathy at 520-866-6406 or kathy.borquez@co.pinal.az.us. The future of Pinal County will surely be challenging but we believe that together we can create a better transportationsystem for the region. Your commitment to develop a regional transportation plan is greatly appreciated. Sincerely, r1' i .' tra Q c....:\,,a ',, P a I . ..,-,, I), Al t4: . i " 1 .' ,;,,,-- --‘2, � ,,, ! ..4p,vat, sJY �' ' �� -._ / ' i' .� t .. >J L-..off/�.1�--.- it„ Q ' -Li,L0,,- , i .(j r------ 2 , . Lionel Ruiz :# Sandie Smith David Snider itowDistrict 1 Supervisor District 2 Supervisor District 3 Supervisor POST OFFICE BOX 827 31 N. PINAL ST. FLORENCE,ARIZONA 85232 PHONE(520)866-6211 TDD(520)866-6379 FAX(520)866-6512 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 19, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Phil Trenary, Operations Division Manager SUBJ: Appointment to the Stormwater Utility Commission SUMMARY: Currently there are three terms on the Stormwater Utility Commission (SWUC) that will expire June 30, 2006. Those members are: Mr. James Dunn, Mr. David Parker and Mr. Mr. Glen Rockwell. Mr. James Dunn has submitted a letter expressing interest in appointment to the SWUC. Mr. Dunn is currently in good standing as he filled the unexpired term of Ms. Leann O'Brian. Based upon his experience and interest, I recommend Mr. Dunn be considered for appointment to the SWUC. Mr. David Parker has also submitted a letter expressing interest in appointment to the SWUC. Mr. Parker is currently in good standing as he filled the unexpired term of Ms. Harriet Hough. Based upon his experience and interest, I recommend Mr. Parker be considered for appointment to the SWUC. Finally, Mr. Glen Rockwell has submitted a letter expressing interest in appointment to the SWUC. Mr. Rockwell is currently in good standing as he filled the unexpired term of Mr. Rich Hawkinson. Based upon his experience and interest, I recommend Mr. Rockwell be considered for appointment to the SWUC. The following letters are being forwarded to Mayor & Council for consideration and appointment as follows: ➢ Mr. James Dunn (new appointment) o July 1, 2006 — June 30, 2008 ➢ Mr. David Parker (new appointment) o July 1, 2006 — June 30, 2008 ➢ Mr. Glen Rockwell (new appointment) o July 1, 2006 —June 30, 2008 ATTACHMENTS: Reappointment Letters SUGGESTED MOTION: Effective July 1, 2006, I move to appoint Mr. James Dunn, Mr. David Parker and Mr. Glen Rockwell with terms ending June 30, 2008. ‘,,,---------7:,/ ivi /7/427d, Phil Trenary, Operations(Division Manager rig. ,./-- / /-‘; '' /, /77 J -,; CraW Civalier, Town Engineer 7--- „ --- )f (._ yjr"_Y /-4,--(,..2.--- David Andrews, Assistant Town Manager ,” ----\C....2, - -4'-' Cr- S L.,___.,: _____/- Chuck Sweet, Town Manager C Page l of l Jacobs, Amanda From: Jim Dunn [] Sent: Friday, March 17, 2006 11:43 AM To: Trenary, Phillip Cc: Jacobs,Amanda; Hawkinson, Rich Subject: Fw: Oro Valley Stormwater Utility Commission Appointment This is the email configuration that didn't work on Thursday. Dear Phil: Since my present appointment expires in June, 2006, I want to express my desire to be re-appointed to the commission. I think that I can add to the commission's activities and have a good understanding of the status of the duties. Please contact me if you have any questions. Jim Dunn-544-6196 This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 3/17/2006 Jacobs, Amanda rom: GLEN ROCKWELL[ ent: Thursday, March 23, 2006 10:58 AM To: Trenary, Phillip Cc: Jacobs, Amanda Subject: STORMWATER UTILITY Phil - I am interested in continuing to serve on the Stormwater Utility Commission for another term. Glen Rockwell This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 1 Jacobs, Amanda Dave Parker[ ant: Friday, March 17, 2006 9:08 AM To: Trenary, Phillip; Jacobs,Amanda; Hawkinson, Rich Subject: Re: Fw: SWUC Reappointment Letters Phil/Rich/Amanda I am definitely interested in continuing as a member of the Storm Water Utility Commission. If you need me to submit a formal letter stating this as opposed to this email let me know and I'll draft one. I look forward to continuing to work with you on these important issues for our community. Thanks David Parker At 05:44 AM 3/17/2006 -0700, you wrote: > > Original Message > >Sent: Thursday, March 16, 2006 2:31 PM >Subject: SWUC Reappointment Letters James/David/Glen: 11111 >I was just informed by Amanda Jacobs who works in the Town Manager's >office that your appointments to the SWUC expire in June 2006. Phil >and I hope that each of you will be interested in continuing as a >member of the Commission. Assuming that you are, what we need is a >letter or email from each of you expressing your interest in continuing to serve. >Please send your letter to Phil Trenary >(<mailto:ptrenary@orovalley.net>ptrenary@orovalley.net) with a copy to >Amanda Jacobs (<mailto:ajacobs@orovalley.net>ajacobs@orovalley.net) and >me (<mailto:rhawkinson@orovalley.net>rhawkinson@orovalley.net) . If you >have any questions, please give me a call and I will answer them or >find the answer for you. >Thanks >Rich Hawkinson >229-4879 r►This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 19, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Brent Sinclair, AICP, Community Development Director pp SUBJ. Appointment to the Historic Preservation Commission SUMMARY: Currently there are three terms on the Historic Preservation Commission (HPC) that will expire June 30, 2006. Those members are: Mr. Al Kunisch, Ms. Sybil Needham and Ms. Pamela Sarpalius. commissioners are in good standing and have submitted a letter expressing All three interest in reappointment to the HPC. Based upon their experience and interest, I recommend Mr. Kunisch, Ms. Needham and Ms. Sarpalius be considered for reappointment. win letters are beingforwarded to Mayor & Council for consideration and The following reappointment as follows: > Mr. Al Kunisch (reappointment) o July 1, 2006 — June 30, 2008 > Ms. Sybil Needham (reappointment) o July 1, 2006 —June 30, 2008 > Ms. Pamela Sarpalius (reappointment) o July 1, 2006 — June 30, 2008 ATTACHMENTS: Reappointment Letters SUGGESTED MOTION: Effective July1, 2006, I move to appoint Mr. Al Kunisch, Ms. Sybil Needham and Ms. Pamela Sarpalius with terms ending June 30, 2008. p�� 9 ! ),il , ,, ___. r Brent Sinclair, AICP, Community Development Director 3 V : ikt/24,/ —r-vt,iltiA--1._. David Andrews, Assistant Town Manager fr...,,,),_ 1 4' C i Chuck Sweet, /own Manager Message Page 1 of 1 Jacobs, Amanda From: Jones,Jennifer Sent: Friday, March 17, 2006 4:02 PM To: Jacobs,Amanda Subject: FW: Historic Commission Original Message From: [ Sent: Friday, March 17, 2006 4:01 PM To: Jones, Jennifer Subject: Historic Commission Hi Jenifer, Yes, I would like to be reappointed to the Historic Commission. I also undertand that if elected to the Town Council I have to then give up my seat on the Historic Commission. I really enjoy serving with the members of the commission. Al Kunisch This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. —Town of Oro Valley Information Technology Division 3/20/2006 CAI 3-- March 20 . 2006 Oro Valley City Hall 11 ,000 N . La Canada Dr . Oro Valley, AZ 85737 Attn: Jennifer Jones Dear Jennifer As a member of several historic preservation groups and having completed 22 hours of training in Historic Preservation, I am interested in re-appointment tp the Oro Valley Historic Preservation Commission. I plan to take the CPI classes offered in the Fall . Thanks for considering me . I 14010. Sincerely yours , 1 Sybil Needham 111/ MRR17_2006(FRI) 09: 08 Arizona Central Insurance (FRX)520 7112 5623 P. 001 03-17-06 FAX TO: JE N1FER JONES FROM: PAM SARPALIUS I WISH TO BE REAPPOINTED AS A COMMISSIONER TO THE ORO VALLEY HISTORIC PRESERVATION COMMISSION. THANK YOU (117a01/0#44e..4 911%?".'..f744'.4137‘42'":1"') PAMELA SARPALIUS TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 19, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Dee Widero, Senior Zoning Inspector SUBJ: Appointment to the Board of Adjustment SUMMARY: Currently there are three terms on the Board of Adjustment (BOA) that will expire June 30, 2006. Those members are: Mr. John Hickey, Ms. Colleen Kessler and Mr. Bart Schannep. All three board members are in good standing and have submitted a letter expressing interest in reappointment to the BOA. The following letters are being forwarded to Mayor & Council for consideration and reappointment as follows: ➢ Mr. Mr. John Hickey (reappointment) o July 1, 2006 — June 30, 2008 ➢ Ms. Colleen Kessler (reappointment) o July 1, 2006 —June 30, 2008 ➢ Mr. Bart Schannep (reappointment) o July 1, 2006 —June 30, 2008 ATTACHMENTS: Reappointment Letters SUGGESTED MOTION: Effective July 1, 2006, I move to appoint Mr. John Hickey, Ms. Colleen Kessler and Mr. Bart Schannep with terms ending June 30, 2008. 1 Dee Widero, Zoning Inspector Brent Sinclair, AICP, Community Development Director 1741( David Andrews, Assistant Town Manager { i e_d _ Chuck Sweet, Town Manager Page lof1 3 ` Widero, Dee From: John F Hickey [ Sent: Friday, March 17, 2006 8:49 AM To: Widero, Dee Subject: B of A March 17, 2006 Dee.Widero Senior Zong Inspector Town of Oro Valley Dear Ms. Widero, In June of this year, my first term as member of the Oro Valley Board of Adjustment will expire. I would like to be considered for an appointment to a second term. sincerely John F. Hickey Oro Valley, AZ 85737 This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division V , Nompy 11{4,) ly ,,006 March 17, _ss_.:_, Dee Widero Town of Oro Valley 11000 N La Canada Oro Valley, AZ g5737 Dear Dee, Over the past four years I have had the honor of serving on the Board of Adjustment. Not only has it been a tremendous learning experience, it's also been rewarding to interpret and enforce the town's planning codes. It has given me an insight into the workings of our town. In addition I had the opportunity to serve as Chairperson and actually run meetings. It would be a privilege to continue this participation. I respectfully request to be considered for reappointment to the Board of Adjustment for another two year term. Sincerely, Colleen Kessler .Ma r. 16,- 2006 3: 10PM Ve, 6412 F. 1 Oro Valley, AZ 85737 Thursday, March 16, 2006 Dee Widero, Senior Zoning Inspector Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 FAX 742-1022 Dear Mrs. Widero: This letter is to confirm that I am interested in a third and final re- appointment to the Oro Valley Board of Adjustrnents. Sincerely, J. Barton Schannep Member 4 • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 19, 2006 IL TO: MAYOR& TOWN COUNCIL FROM: Bayer Vella, AICP, Principal Planner SUBJECT: OV12-03-14, Properties Bourne requests approval of a final plat for a shopping center known Crossings that includes retail, office, restaurant etc. within an approximately 40 acre C- 2as Oracle Cros g just zoned located at the southwest corner of Oracle and Magee roads, south (commercial) site, pp of the existing Entrada de Oro Shopping Center; parcel numbers 225-50-0020, 225-50-0030, 225-50-0050, 225-50-0060 225-51-3830, 225-51-3840, 225-51-3850, 225-51-3860, 225-51- 3870, 25-51-3870, 225-51-3920,-3920 225-51-3930 225-51-3880, 225-51-3890, 225-51-3900, 225-51-3910 and 225-51-3940. BACKGROUND: • Town Council approvedoriginalDevelopment the Develo ment Plan/Preliminary Plat for the Oracle Crossings Shopping Center on June 23, 2004. And, a substantial amendment was approved on November 2, 2005 that accommodated the development of a Kohl's. • To date, the project site has been graded and most buildings are under construction. • . p � Pima tion of the project, it was agreed that the development standards would be those of County At annexa p � as of October 2002. . plat entails application ofproperty lines to enable the sale of lots. This application does not The final pp any impact designcomponents approved as part of the development plans. The sole purpose is to apply final lot lines for sale. SUMMARY: Pima County and OVZCR Zoning Compliance: All design issues were addressed as part of the development plan reviews. on the final plat are different than those represented on the preliminary plat. As a result, the The lot lines preliminaryupdated plat must be u dated to reflect the final. A condition has been added to Exhibit A. The final pa compliance plat is in substantial with all applicable zoning codes. The conditions in Exhibit A represent minor"clean-up" items. General Engineering Comments: generally conforms to the applicable sections of the Town of Oro Valley Subdivision Street Standards This plat ge y pp and Oro Drainage ValleyDraina e Criteria manual with respect to minimum platting requirements. The attached conditionsapproval of represent items of correction and/or addition to complete the plat documents for adherence to minimum survey standards. Traffic: area"A" is partiallydefined as cross access and shared parking as well as installation and maintenance Common sements and right of access for public utilities. Individual lots are not specified as allowing cross access or parking within the final plat for portions of paved areas under individual ownership. . TOWN OF ORO VALLEY )UNCIL COMMUNICATION Page 2 Drainage: All of the drainage detention basins are located within common areas and the ponding of the 100-year storm event is delineated in a surveyable manner. As per the conditions of approval, the portions of the drainage facilities which traverse under individually owned lots will require an easement. Grading: No slope easements or common areas will be required by this plat for grading related issues. Utilities: Common area"A" is partially defined as a general easement for the installation, use and maintenance for all site utilities. Private utilities which traverse under individually owned lots have easements established by this plat. Public utilities require and have established easements for all areas contained within this plat. GENERAL PLAN CONFORMANCE: All General Plan Compliance and associated design issues were addressed as part of the development plan reviews. PUBLIC COMMENT: This application has been noticed in accord with Town Policies. To date, no public comment has been received. JMMARY OF FINDINGS: T. The proposal meets all applicable zoning codes. 2. All design issues were addressed as part of two separate development plan reviews by Town Council. SUGGESTED MOTIONS: I move to [ pp a rove, approve with conditions, OR deny] OV 12-04-02, Final Plat for La Reserve Villas Staff recommends that any motion to approve be subject to the conditions specified in Exhibit A. 1 i r Attachments: 1 1. Exhibit A i 2. Final Plat ;\,0)19,, ( ` ` 'i 9 .--- Plannin an Zilning Administrator .fir' `A Contact: Co unit/De elopment irector 1 Linda Thompson A___.) p The WLB Group, Fax 881-5313 &Ai , / 4/ULIts,ToAn Engi er 1 ) 7) i L./1,4,4ii Liev14/6,1.,,,,- : i a• Town May;ger , f Town Manager F:\OV\OV 12\2003\OV 12-03-14A\TC.RPT Final Plat.doc Exhibit A Conditions of Approval for OV12-03-14, Oracle Crossings Final Plat 1. A revised Preliminary Plat must be resubmitted that matches the exact lot line and easement configurations of the Final Plat, subject to approval by the Planning &Zoning Administrator and Town Engineer. 2. All Pima County Departments of Wastewater Management and Environmental Quality(3/28/06 review) comments must be addressed. 3. An approval letter from Pima County Addressing must be submitted. 4. The final landscape plan must be completed to the satisfaction of the Planning &Zoning Administrator. 5. Provide one (1) revised copy of the parcel boundary closure, lot closure, and common area closure calculations with coordinate reference to identifiable points shown on the plat. 6. Address all of the drafting discrepancy comments as stipulated in the letter providing the detailed explanation of the Redlines on the fourth formal submittal documents. 7. Add Drainage Easements for the northern 28-ft by 5-ft Integra Arch or Equivalent underground conveyance con-arch culvert across Lot#12. 8. Add Drainage Easements for the southern three (3) 48-in. diameter by 545-ft. long SRPS underground storm drains across Lots #6, #8, and#10. 9. 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Sharp,Chief of Police SUBJECT: Impact of cellular tower height restrictions on public safety communications SUMMARY: • This item is being presented as a result of a request by Vice Mayor Parish to consider what the impact of restricting the height of cellular towers may have on public safety communications. Information currently available over this network includes the Oro Valley Police Departments link and access to the Pima County Sheriff's Department incident data base, Pima County Jail Records,Arizona Department of Transportation Motor Vehicle Division Records, the Arizona Criminal Justice Information System, the National Crime Information Center data and a wide variety of critical information associated with all of these. As the Oro Valley Police Department currently relies on Alltel's commercial network to provide the critical wireless data communications to the field officers Alltel has provided a power point presentation to address these concerns. FISCAL IMPACT: N/A ATTACHMENTS: 1) Power Point slides provided by Alltel RECOMMENDATIONS: No action required, information only. SUGGESTED MOTION: No action required, information only. A Da 1 G. Sharp, C'ief of Pot' e Charles F. Sweet,Town Manager r • • • • • • n c F1-; H 20 t 5n H 2 O0 O P `< CD O O a a CD 0-i o CD illimt C 0 '<(9, ..-• a rD c, cl, ,_, 0 CD CD n O CD 5• a., CD - O 0CT4 cn O 5 •P ; —. o Cr4 n cr, r--- P — O ...' O O CDPi) 5-• CrCD. ` . CSDP6 C) CD O C CD O '--t p CI. r,, P Cl., O n OCD r, 6-4. n P '•C•S• L P Pp CD CD CD cn � � � � C CDP,.— i , E' FD+ a miCi(7* CnC) n v) CD O P Cr4 ~' 0 CD �•- t�P.' P P P fa, PZ 1ZI:) 'Itg'- CI. ,--r- 0 P ...• .. v) ,et- 0 P ...... 0 5 , ,„ e., 5.p.in p ••5 CDP E• H Cl) o CD CL v) 0 < Op GC? _ p 0-t — CCD �--r c/1 CD O ` O �, -, CCI' < Cr4 P CD —• C c? 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C) • • . • C) Milli Lil --I-,) CD Cfc.? r---ik 0 (1) 0_, CD C) o • p Immilk $1,D CD p I 0 I n 1 TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: April 19, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: David Ronquillo, Senior Planner SUBJECT: OV12-05-01, Alpha Engineering, representing Cape Coral Land Co., requests approval of a master development plan for a commercial center; located in proximity to the southeast corner of Oracle Road and Hardy Road, directly south of the Circle K, Parcel 225-14-166B BACKGROUND: At their regular meeting April 5, 2006 the Town Council voted to continue this item based on the applicant's request until the April 19, 2006 Town Council meeting. There has not been any new information presented to staff since the last meeting. Please see attached staff report from the April 5, 2006 meeting for further background information. SUGGESTED MOTIONS: I move to [approve, approve with conditions, OR deny] OV12-05-01, Master Development Plan for a commercial center. Staff recommends that any motion to approve be subject to the conditions specified in xhibit A. Attachments: 1. Master Development Plan 2. Staff Report Dated April 5, 2006 cc: Brad Gephart, Fax: 326-2404 )ettitvt,tsL., in2,,,d on Administrator pCom nity Development Director .0)2_ Town Engineer / In, ..: (I Assist. t ►•w. Manage. To f a eager F:\OV\OV 12\2005\12-05-01\reports\MDPTC.RPTapri119.doc EXHIBIT A OV12-05-01 MASTER DEVELOPMENT PLAN 1. A 3' —6' high screen wall must be incorporated along the length of the three vehicular spaces facing the Oracle Road bufferyard. Provide the location on the plan. The specifics will be addressed on the landscape plan. 2. The height of light poles at the rear of buildings and projecting to the sides is limited to a height of no higher than the height of the 5' screen wall running parallel to the east side property line. Provide a general note on the plan. • 3. Revise the plan view detail for the detention basin area. Show details of drainage design for the detention. 4. Provide correctly labeled concentration points throughout Figure 5B. F:\OV\OV 12\2005\12-05-01\reports\MDPTC.RPTapril 1 9.doc TOWN OF ORO VALLEY 9 COUNCIL COMMUNICATION MEETING DATE: A 2006 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Senior Planner SUBJECT: � Alphag OV12-05-01 Engineering, representing Cape Coral Land Co., requests approval of a master development plan for a commercial center; located in proximity to the southeast corner of p Oracle Road and Hardy Road, directly south of the Circle K,Parcel 225-14-166B BACKGROUND: The subject p p y ro ert consists of 4.66 acres and the zoning is C-1 Commercial District. The site consists of a parcel of land that is currently undeveloped. Surrounding Land Uses North: C-1, Commercial District, existing Circle K and R-6, Multi Family Residential, existing Sunnyslope Apartments. South: C-2, Commercial District, existing Shurguard storage facility. East: SingleFamily R1-36 Residential District, Sunnyslope Subdivision(across 20' Public Alley). West: R1-144, Single Family Residential District (across Oracle Road). Please see attached aerial photograph for an overview of the site and surrounding uses. Town Review Process As provided in Section 22.9 of the OVZCR, the applicant may choose to pursue a Master Development (MDP) or a Development Plan process. The two are fairly distinct: 1. An MDP entailsp roviding a conceptual layout in which the focus is primarily on street circulation, general drainage, and building placement. The MDP is reviewed by staff, Development Review Board (DRB) and Town Council. Once approved, a developer will generally work with prospective tenants to formulate a more precise plan and address specific tenant needs. In the end, the applicant is required to submit a final Development Plan that provides very specific detail for the sitezones etc.). A specific Development Plan for one pad could be submitted or an (loading entire series of Plans. Each Development Plan must be reviewed by staff, DRB, and Town Council with the Master Development Plan as a benchmark. The benchmark enables the Town to insure that the overall design and infrastructure (such as roads)works well. This is the very approach being used by the owner's of the Mercado Del Rio site, located at the foot of the new Pusch View Lane bridge. 2. A Development Plan, as previously described, is a document that provides all site details — from bike racks to drainage facilities. Once a development plan is approved by Town Council, the applicant's next step is to submit improvement plans (IP's). IP's are technical documents that include every specification for drainage, grading,paving, sewer, and water lines. TF:\ov\ovi2\2005\12-05-01\reports\DPTC.RPT.doc TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATEAtr i 1 19,200 TO. HONORABLE MAYOR & COUNCIL FROM: David Ronquillo, Senior Planner SUBJECT: 0V12-05-01, Alpha Engineering, representing Cape Coral Land Co., requests approval of a master development plan for a commercial center; located in proximity to the southeast corner of Oracle Ro ad and HardyRoad, directly south of the Circle K, Parcel 225-14-166B BACKGROUND: The subject property consists of 4.66 acres and the zoning is C-1 Commercial District. The site consists of a � parcel of land that is currently undeveloped. Surrounding Land Uses North: C-1, Commercial District, existing Circle K and R-6, Multi Family Residential, existing Sunnyslope Apartments. Commercial District, existing Shurguard storage facility. South: C-2, East: R1-36, Single Family Residential District, Sunnyslope Subdivision (across 20' Public Alley). West: R1-14 4 Single Family Residential District (across Oracle Road). lease see attached aerial photograph p hoto a h for an overview of the site and surrounding uses. Town Review Process provided p ded in Section 22.9 of the OVZCR, the applicant may choose to pursue a Master Development (MDP) or aDep Development Plan process. The two are fairly distinct: 1. An MDP entails providing a conceptual layout in which the focus is primarily on street circulation, p y general drainage, and building placement.lacement. The MDP is reviewed by staff, Development Review Board (DRB) and Town Council. Once approved, a developer will generally work with prospective tenants to formulate a more precise plan and address specific tenant needs. In the end, the applicant is required to submit a final Development Plan that provides very specific detail for the site (loading zones etc.). A specific Development Plan for one pad could be submitted or an p entire series of Plans. Each Development Plan must be reviewed by staff, DRB, and Town Council with Plan as a benchmark. The benchmark enables the Town to insure that the the Master Developmentd bythe overall design and infrastructure (such as roads) works well. This is the very approach being use owner's of the Mercado Del Rio site, located at the foot of the new Pusch View Lane bridge. previously described, is a document that provides all site details — from bike 2. A Development Plan, as pre y racks to drainage facilities. Once a development plan is approved by Town Council, the applicant's next improvement plans (IP's). IP's are technical documents that include every specification is to submit step � grading,g draina e paving, sewer, and water lines. F:\ov\ov12\2005\12-05-01\reports\DPTC.RPT.doc TOWN OF ORO VALLEY VN COUNCIL STAFF REPORT Page 2 SUMMARY: The applicant proposes a Master Development Plan to construct a commercial center, which will consist of a sixoffice buildings. The site is accessed off of Oracle Road and Hardy Road restaurant building and individual g A specific Development Plan and Landscape Plan will be required for and will be developed in various phases. p p each individual phase. Thep ro osed project will include the following elements: •p p Restaurant building: 4,000 square feet, located on the west side of property. • Medical office buildings: 20,000 square feet, located along the east of property. • parking off-street lot providing 130 vehicular packings. • Adequate vehicle circulation throughout the site. • Passenger drop off areas and loading zones. • Pedestrian connections within the site and to the adjacent properties. g • Landscaped buffer yards and other mitigation elements to achieve compatibility with the adjacent residential developments. Master Development Plan CNZCR Compliance Road Scenic Corridor District shall be regulated by the provisions of this Development within the Oracle Ro Section and the requirements of theValleyZoning Oro Code Revised (OVZCR), including underlying district(s) and PADS, except that in the event of a conflict, the more restrictive shall prevail. The proposed site falls within the Oracle Road Scenic Corridor OverlayDistrict (ORSCOD) and all development standards from ORSCOD shall apply. Oracle Road Scenic Corridor Overlay District (ORSCOD) Commercial Development Regulations for Section 24.5 D 1 d: P"Exce t clearing necessary to provide utilities and access to the site, no significant vegetation shall be removed within a distance of 100 feet from the dedicated right-of-way line of Oracle RoadDevelopment prior Develo ment Review Board approval. No development, other than additional landscaping,ing, is permitted within this 100 foot zone. " sca p determined that a 100' buffer zone was not required since no significant vegetation was On this site, it was found. However, two clusters of vegetationin place. located along the Oracle Road frontage will be preserved A minimum 30' landscape buffer is required and a 60' landscape buffer has been provided exceeding landscape requirements. • Section 24.5 E 3 "Accessa: to Oracle Road. Direct access to Oracle Road is to be spaced a minimum of Als) on center330 feet except hereinafter required or modified by Specific Plan variance. " as F:\OV\OV 12\2005\12-05-01\reports\DPTC.RPT.doc TOWN OF ORO VALLEY AVN COUNCIL STAFF REPORT Page 3 ' requirement. proposed access off Oracle Road does not meet this requirement. However, access was granted to this parcel byTransportation (ADOT) prior to ORSCOD being adopted. Verification the Arizona Department of was provided by the applicant; therefore, the development is exempt from this requirement. Setbacks/Maximum Building Height • Section 24.5 E 3 b• "Required Setbacks. Setback standards of the applicable zoning district . "R q classification are applied, except as provided below: i. "Front setback for single structure development: minimum 60 feet and must comply with a 4.1 setback to building ratio." ' atel 180' from the Oracle Road Frontage. Assuming the building is The closest building structure is approximately at the maximum height of 25', it will comply with the setback to building ratio. "Sidesetback distances ofthe applicable zoning district are to be provided." l l l. complies with the setback requirements as specified in the C-1, Commercial The proposed development q District. • Section 24.5 E 3 e ii: "A minimum of60 percent of the frontage to a depth of 300' is maintained as a view corridor and is not used for buildingpurposes. Total building exposures or frontages will be measured to calculate the view corridor. " submitted, the development has maintained a view corridor as specified in Based on the view corridor analysis p this section. Walls and Berms g • Section 24.5 3 b: "Walls shall not exceed in length thirty-three percent (33 %) of the Oracle Road frontage of each parcel." Oracle Road frontage. Dense vegetation has been provided, however, it There are no walls proposed along the g vehicular headlightglare. In order to satisfy this requirement, Staff will not adequately screen views of e g _ . 3' 6' screen wall be incorporated along the length of the three vehicular spaces facing recommends that a — high rp the Oracle Road ry frontage buffe ard. Condition 1 of Exhibit A reflects this requirement. ORSCOD Design Guidelines • Section 24.5 F 4 a i: "Rear and side setbacks adjacent to residential districts shall include berms or in augmenting such opaque screening to a height of not less than eight (8) walls with heavy landscaping g g p feet. " Review Board, the landscape s required by the Development plan must include a continuous tree canopy and q n the north and east property line. Due to neighborhood concerns regarding dense under-story vegetation along • applicant has provided mitigation tactics through the use of strategically headlight glare and noise issues, the pp F:\ov\ovi2\2005\12-05-01\reports\DPTC.RPT.doc TOWN OF ORO VALLEY AVN COUNCIL STAFF REPORT Page 4 since vegetation placed screen walls (height varies between 5' and 8'), alone does not fully shield headlight glare from the adjacent residential homes. g, storage, outdoor activity (except expressly permitted special events) • Section 24.5 F 4 a ill. "No „ merchandise visiblefrom Oracle Road or adjacent residential neighborhoods.or display of merch Passenger drop-off and office delivery drop-off zones are located in the front of the building and will not be p visible from Oracle Road or the add•acent residential area. For the restaurant, the loading zone has also been positioned out of view from Oracle Road. • Section 24.5 F o b v: "Incorporationof natural elements such as boulders, native rock or designing to blend structures with natural washes or existing copses of vegetation is highly desirable. " riprap alongthe drainage areas that will provide an earth-tone color to blend The applicant will utilize grouted p p g into the natural landscape. General Code Compliance: Lighting Concerns g • While Section 27.5 addresses outdoor lighting requirements per the OVZCR, additional lighting concerns need to be addressed in order to mitigate neighboring residential development concerns. In order to achieve compatibility with ith the adjacent residential developments, the height of light poles at the rear � of buildings and projecting to the sides is limited to a height of no higher than the height of the 5' screen wall running parallel to the east side property line. Condition 2 has been added. Vehicular Parking for this site is 130 The total number of parking requiredspaces. The proposed development provides a total of 130 spaces and meets the minimum/maximum parking requirements. Cross Access/Circulation siteOracle Road and HardyRoad and abuts another commercial parcel, Circle K. Two The is accessed off of . • • been provided. The Town only has the ability to require cross access up to the property cross-access points have ircle Kparcel in the future, the Town may elect to have the two access points line. If the adjacent C expands joined. adequate traffic circulation for vehicles and delivery trucks throughout the site. Overall, the site provides adeq andscaping The Master Development Plan conforms to the Landscape Code requirements. F:\ov\ov12\2005\12-05-01\reports\DPTC.RPT.doc TOWN OF ORO VALLEY VN COUNCIL STAFF REPORT Page 5 Loading Zones • Add endum A 6 c: "Loading and service areas should be screened from public view. " Specifically, Addendum A 6 c ii: "Screen loadingand service areas from the street and design as an integral part of the building architecture. " The applicant has located loadingzones to the side or rear of the buildings. They will not be visible from the g residential area through the use of a screen wall. Passenger drop-off zone/delivery drop-off areas are proposed in front of the office buildings. • Pedestrian Sidewalks • Addendumg allparking A 6 f ii: "Design areas to allow safe and attractive pedestrian circulation. " alongthe frontage of Oracle Road have not been proposed. However, the Arizona Pedestrian connections g Transportation (ADOT) is tentatively planning to install a pedestrian path along Oracle as part of De artment of Department • • in-lieu fee has been proposed in place of requiring pedestrian connections along Oracle the SR77 project. An Road. npendix A Design Guidelines: IL • "Design buildings so that orientation and height are sensitive to adjacent land uses." Desiguildin g The height ofeach buildinghas not been determined, but the buildings may not exceed 25' in height. The height willnegatively impact not ne ativel im act residential properties to the east for the following reasons: 1. The SunnyslopeApartmentbuilding approximately is a roximately 90' away. The closest single family residential home is approximately 170' away. 2. A 30' landscaped buffer with 5' screen walls and an overlapping tree canopy on the west side of the between project site and homes). Landscaping has been provided on both sides of public alley(easement publicalley the wall. The 20' is not being utilized as a component of the required 30' bufferyard. • "Design multiple building projects with courtyards created by building placement, or otherwise define gY usable outdoor spaces." Small courtyard areas are proposed within the internal areas of the office buildings with ample landscaping. Traffic: Access to this site is from Oracle Road on the west and on the north from Hardy Road. A traffic impact analysis has been completed for this development. rainage: for this property is from east to west flowing primarily through several small The overall drainage patternp p y . . This overall pattern will generally remain the same for developed conditions. existing channels. F:\OV\OV 12\2005\12-05-01\reports\DPTC.RPT.doc TOWN OF ORO VALLEY VN COUNCIL STAFF REPORT Page 6 Off-site flow that currentlyenters the site along the east property line will be captured and routed though the site via a 48" storm " drain and around the site through an existing channel along the southern perimeter. Post development hydrologytherefore focuses primarily on mitigating increased onsite flow and this is achieved with a detention basin at the south end of the property. All on—siteP ost development runoff will pass through first flush treatment. Grading: A type two grading permit is required for the development. PUBLIC NOTIFICATION AND COMMENT: The surrounding property owners have been noticed in accordance with the Town notification requirements. To p y date, all resident concerns have been addressed and no further comments have been received since the last DRB Comments received prior to the Development Review Board meeting are attached. meeting. DEVELOPMENT REVIEW BOARD ACTIONS: (""i' cember 19, 2005 Meeting The Development Review Board voted to continue the Master Development Plan for this project. The following significant ificant issues were identified by the Board: • Traffic circulation with regards to two way and one way traffic. • Shortage of parking with regards to restaurant use since the applicant was requesting an alternative parking analysis for being underparked. • Traffic conflicts with delivery trucks maneuvering around the site. • Traffic and parkingissues are largely due to excessive building square footage on the site. • Concern with regards to the number of conditions. Other issues identified by staff included: • The design and treatment of the eastside bufferyard. • Re-aligning the four way intersection in the center of the site. R � g n a 10' landscaped area around the buildings, which may impact the square footage g of buildings. s. • Providing p Redesign• of the restaurant pad passenger drop off area and loading zone. After the meeting, staff met with the applicant to discuss the DRB's concerns and address the items previously Theapp licant resubmitted the plans with the aim of addressing all the issues. specified as conditions. February 16, 2006 Meeting "rat)he Development Review Board recommended denial of the Master Development Plan for this project, specifying that, "the plan doesn't provide the information needed by DRB to approve". Because the motion was unclear, the minutes are attached for review. To date, all the conditions have been addressed. F:\ov\ov12\2005\12-05-01\reports\DPTC.RPT.doc TOWN OF ORO VALLEY FN COUNCIL STAFF REPORT Pate 7 GENERAL PLAN COMPLIANCE: Staff has reviewed the proposed Development Plan with regards to the General Plan Policy Design Elements. In particular, Policy 9.1D D app lies: "All development proposals should attempt to arrange buildings, and/or lots to preserve viewsfrom adjacent properties and streets while providing privacy for residents." arran ement of g The following mitigation has been proposed: • Screening Dense vegetation with an overlapping tree canopy and a screen wall are proposed along the of the eastside property line. Landscaping has been proposed on both sides of the wall. entire lengthp p • poles heightg - the of light at the rear of buildings and projecting to the sides shall be limited to a height og f no higher than the height of the screen wall running parallel to the east side property line. • Distance -- theapartmentbuilding is approximately 90' away and the closest single family residential home is approximately 170' away. SUMMARY OF FACTORS: Factors For 1. Meets all Zoning Code Requirements. 2. Meets all applicable General Plan Policies. 3. The applicant has addressed all the neighbor concerns. Factors Against 1p . The Development Review Board recommended denial. SUGGESTED MOTIONS: approve with conditions, OR deny] OV 12-05-01, Master Development Plan for a I move to [approve, pp commercial center. Staff recommends that anymotion to approve be subject to the conditions specified in Exhibit A. f.114 F:\ov\ov12\2005\12-05-01\reports\DPTC.RPT.doc TOWN OF ORO VALLEY VN COUNCIL STAFF REPORT Page 8 Attachments: 1. Exhibit A 2. Master Development Plan 3. Aerial Photo 4. DRB minutes 5. Public Comments Pre-DRB cc: Brad Gephart, Fax: 326-2404 Dinkar Gangwal, Fax: 6281289 ,No,e P ,441 1 P l annin &Z nin: • dmi i strator ' r , i Community Development Director To Engineer 1 , 7) i Ait2.1/ ''u • : tant Town Maria - i ., -ei Town Manager 'Th F:\ov\ov12\2005\12-05-01\reports\DPTC.RPT.doc EXHIBIT A 41;01"' OV 12-05-01 MASTER DEVELOPMENT PLAN be incorporated alongthe length of the three vehicular spaces facing 1. A 3' — 6' high screen wall must rp the Oracle Road bufferyard. Provide the location on the plan. The specifics will be addressed on the landscape plan. • of buildings and projecting to the sides is limited to a height of 2. The height of light poles at the rear g no higher than the height of the 5' running screen wallparallel to the east side property line. Provide a general note on the plan. 3. Revise the plan view detail for the detention basin area. Show details of drainage design for the detention. 4. Provide correctlylabeled concentration points throughout Figure 5B. F:\ov\ov12\2005\12-05-01\reports\DPTC.RPT.doc SUP SUPPLEMENTAL ITEM #9 • ' TOWN OF ORO VALLEY :x iR = r. 3C- IOU OUNCIL COMMITNICATION MEETING DATE: April 5, 2006 TO:cC. HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Senior Planner V12-05-01 Alpha Engineering, representing Cape Coral Land Co., requests SUBJECT: Addendum: � P 0 g planthe a master development for a commercial center; located in proximity to approval of p southeast corner of Oracle � Road and HardyRoad, directly south of the Circle K, Parcel 225-14- 166B NEW INFORMATION: The applicant has recently submittedrequesting a letter re uestin continuance of this item until the April 19, 2006 Town • the attached letter, the Council meeting. As indicated in applicant needs "additional time to prepare exhibits for the Mayor and Council's consideration". Attachments: Applicant's Letter cc: Brad Gephart, Fax: 326-2404 n ) ,0 i / r' fi ti , / , I _ 1 ,,_. ''1.d ing : Z ing Administrator 77 i ..i.: Corn ity Development Director ,A K_ (IA_ Towj Engineer / H ; \ i 0�. 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F I mqi - �O II g 1 2 J -- , Q� N m m C/) to- - _- 1 •"3 8 01-13 MINUTES OF THE ORO VALLEY DEVELOPMENT REVIEW BOARD REGULAR MEETING MONDAY,DECEMBER 19, 2005 ORO VALLEY COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE CALL TO ORDER: 6:33 p.m. PRESENT: Mary Caswell, Chair Dan Sturmon, Vice Chair John Buette,Member Harold Kandetzke, Member Marc Panas, Member Mike Zinkin, Member ALSO PRESENT: R.C. Carter, Council Member Barry Gillaspie, Vice Mayor James Kriegh, Oro Valley Town Historian Brent Sinclair, Community Development Director Jonathan Lew, Planner Andreas Molin, Planner Bayer Vella, Principal Planner Joe Andrews, Civil Attorney Paul Keesler, Division Review Manager David Ronquillo, Senior Planner Margaret Fischer, Recording Secretary ABSENT: David Johnson, Member 1219"q- Development Review Board Minutes Page 2 of 17 PLEDGE OF ALLEGIANCE CALL TO AUDIENCE REVIEW AND APPROVAL OF NOVEMBER 8, 2005 DEVELOPMENT REVIEW BOARD MINUTES MOTION: Member Kandetzke MOVED to approve the minutes with the condition that the Friendly Amendment made by Member Zinkin be omitted on page 4 for item OV13-05-39. Member Sturmon SECONDED the motion. Motion carried 6-0. REGULAR AGENDA 1. OV12-04-26, MIVILA PSOMAS, REPRESENTING ELECTRONIC COMMUNITIES, REQUESTS APPROVAL OF A PRELIMINAR Y PLAT FOR A 81 LOT SUBDIVISION, LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE END OF PUSCH WILDERNESS DRIVE (PAST THE BRIDGE), PARCEL 220-11-002W. The applicant, Valerie Schorer of MMLA Psomas, 800 E. Wetmore, Tucson, Arizona, presented her report. Ms. Schorer stated that the development consists of 81 custom lots located in La Reserve. Ms. Schorer explained the background of the project to include previous planning, review and the La Reserve PAD. Ms. Schorer remarked that most of the development in La Reserve was completed quite a few years back with this particular parcel remaining as one of the last. Ms. Schorer indicated that the zoning for this project is called "C" under La Reserve which represents "Cluster Housing". Ms. Scharer explained the manner in which the PAD was written and stated there could have been up to 1500 homes within the"C" area. Ms. Schorer commented that the density of the proposed development is far lower than what was originally anticipated for the area. Ms. Schorer reiterated MMLA is proposing a significant reduction in density along with the preservation of the area and explained that even though there is a large portion of lots where the fingers are located, they will not be developed. Ms. Schorer further stated there will be a conservation easement added to ensure that the parcels will not be developed. Ms. Schorer explained that there are development standards in the PAD that differ from Oro Valley. Ms. Schorer indicated that the PAD was adopted in 1984 and went through an extensive review process. Several of the differences in the PAD are as follows: F:\MINUTES\DRB\2005;12-19-01 DRB Minules.doc Minutes approved 01-10-06 Development Review Board Minutes Page 3 of 17 ■ The design guidelines for the Master Plan community were prepared as regulatory mechanism to ensure that the policies planningolicies were carried out in an environmental sensitive manner. • The La Reserve plan would be followed to maintain a mutually beneficial relationship with the desert setting. of the La Reserve plan is to provide pre-determined Ms. Schorer confirmed that the purpose performance standards andspecific prescribe s ecific usage. Ms. Schorer demonstrated the "no minimum lot area" and explained that the lots could go as small as Town Homes in the p area.development "C" . The buildingheight allowed is 30 feet and a designated hill site is one g specific feature in the PAD. Ms. Schorer stated that only the area designated as hill site district Oro Valley. Ms. Schorer also would be subject to explained that the La Reserve PAD includes y sidewalk requirements which minimize the potential of erosion. Member Panas questioned what arrangements have been made with some of the possible artifacts found on the site in regards to the archeological requirements. Ms. Schorer stated that most of the archeological artifacts will be preserved, in place, and will not be disturbed Member Panas furtherq uestioned if the owner would be willing to consider limiting some of the heights, to single-story, towards the end of the ridges. Ms. Schorer answered that there is no limitation in the architectural review and that each home will be individually designed ned to fit into the specific lot. Ms Schorer affirmed that they would not consider restricting the heights. Member Zinkinq uestioned if development will be extended further down the slope with additional lots even though the fingers have not been fully developed yet. Ms. Schorer answered development will take place on the 81 lots and additional grading will be done for more roads. Member Zinkin asked, in regards to the PAD, if minimizing the external impact is within the PAD or the Town of Oro Valley. Ms. Schorer stated that it would mean to minimize the external impact for everyone. David Ronquillo presented his staff report into the record. Mr. presented Ronquillo the location map and demonstrated an overview of the site. Mr. Ronquillo showed the location of the ridges and where the roads in the development will be. Mr. Ronquillo advised that homes will be designed in a stair-step manner in order to reach the gradingordinance. Colors will include natural and earth-toned so as the homes may blend in F:\MINUTES\RB\2005112-19-05 DRB Minutes.doc Minutes approved 01-10-06 s # ' • 1_2;!9,14)5 Development Review Board Minutes Page • °�Uf 17 with the environment. Color textured concrete will incorporate the private driveways coming down from the top of the ridges in order to minimize the impact. Member Kandetzke inquired in item #6, attachment A, if Oro Valley will maintain the roads in the project. Mr. Paul Keesler, Engineering Design Reviewer, answered no, that the roads in question are private roads. Mr. Keesler stated this references the design basis. Member Zinkin asked whether there should be concern regarding reflectivity off the windows to the homes approaching Oracle Road. The applicant, Jack Schoal, owner of the project, stated the La Reserve Design Guidelines addresses color, reflectivity, heights, lighting as well as grading. Chair Caswell questioned if stair-stepping is required by the Town or by the Home Owners Association. Mr. Vella answered that grading is addressed within the PAD design guidelines. Chair Caswell further questioned if there is any assurance in stair-stepping and if they wished to level this area, would they be able to do so. Mr. Vella explained that if the design includes stair-stepping, the change must be presented before the Development Review Board and Town Council. Vice Chair Sturmon inquired if the developer has met with the school district per Town policy. The applicant representing Electronic Communities stated a meeting will take place on December 23, 2005. CALL TO THE AUDIENCE Mr. Tom Marson, attorney representing the applicant, 340 N. Main, Tucson, Arizona, wished to reserve any comments until after all other speakers have spoken. Mr. Marson stated he will be happy to answer any questions at that point if necessary. Mr. Adler, 10720 N. Eagle Eye Place, stated in reference to the General Plan, on page 13, it has a policy on safety. Mr. Adler commented he has not heard that as of yet. Mr. Adler further stated that one of the policies he feels should be addressed is on page 19, 1.1.4, "The Town shall commit to preserve, protect and enhance visual qualities of Oro Valley and surrounding visually significant areas such as ridge lines. Where if possible, encourage protection of scenic vistas, especially from the Oracle Road scenic corridor." Mr. Adler expressed that he believes the only and best way to mitigate impact is with larger lots dop so there may be additional separation between the constructions. Mr. Adler stated that when this F:var C j `T1 F S\D B1.O5\17- i7 .19-05 DRBMinutes.doc Minutes approved 01-10-06 12/19E q. Development Review Board Minutes Page 5 of 17 particular PAD was prepared in 1984, the sensitivity and amenities of the Town were different which is why the plan lan was a -dated the 2003 was defeated and the 2005 plan ratified. Mr. Adler emphasized the importancerealigning priorities of reali nin the in regards to environmental sensitivity. Mr. Adler indicated that this is now an opportunity to do so and strongly believes that the only way this can be achieved is bynot developing the ridge lines at all. Mr. Adler suggested goingwith larger density in the flatter, more developable area. gg MOTION Member Panas MOVED to approve 0V12-04-26,Preliminary Plat for Pusch Ridge Lots 1-81, with the conditions listed in Exhibit B and the following additional conditions, #7, that the archeological requirements are met and maintained and #8, something that can be worked towards limiting the height of the two lots to a single story at the bottom of the ridge line. Member Buette SECONDED the motion. VOTE Member Buette Aye Member Kandetzke Aye Member Zinkin Aye Member Panas Aye Vice Chair Sturmon Nay Chair Caswell Nay Motion passes 4-2. 2. OV13-05-41, AF STERLING HOMEBUILDERS REQUESTS ARCHITECTURAL APPROVAL OF 6 MODEL HOMES FOR RIVERS EDGE AT CANADA DEL ORO ESTATES, LOCATED SOUTH OF NARANJA DRIVE BETWEEN LAMBERT LANE, PARCELS 224-28-1940, 224-28-1590, 224-29-033A, 224-29-032A, 224-29-035A, 224-29- 0360, 224-29-37B, 224-29-038C, 224-29-038B, 224-29-37A, 224-29-040A, 224-29-039A, 224- 29-042D, 224-29-041B,AND 224-29-042C. The applicant Robert Brock, 629 West Naranja Drive, Oro Valley, Arizona, 85737, presented his report. Mr Brock explained that all plans are currently approved except one. The homes are traditional p southwest and have been well received in the market and Town. Vice Chair Sturmon inquired if certain lots are designated for the two-story homes. Mr. Brock explained that several lots do not have large enough building PADS and that the size of the lot will determine the location of the two-story homes. Jonathan Lew presented his staff report into the record. Mr. Lew explained that the proposed sub-division will be built on 45 lots, just. south of Naranja, p p p in between Lambert Lane, and west of First Avenue. Mr. Lew stated the color pallet will consist of mostly muted desert tones. Mr. Lew also stated that the staff's major concern was the breakup F:\MINUTESTRI3\2005\1249-05 1TES\DRt3\2O(J5\12-19-O5 DAB I Iinutes. oc Minutes approved 01-10-06 12119/05 Development Review Board Minutes Page 6 of 17 of how the streetscape was going to appear. The style of the homes will include Sante Fe with flat roofs as well as southwest contemporary. Mr. Lew demonstrated the architectural design and elevations of models 2787, 2842 and 3541. Mr. Lew indicated that in order for there to be a break-up in streetscape design, staff recommends that no two models be built next to each other and also that the homes meet the design guidelines for use of desert colors. Member Zinkin stated that although he observes a variation in some of the models, he does not see different models. Member Zinkin questioned if there are any better variations that may be used for these homes. Mr. Lew reiterated that staff requests same models be separated. Member Zinkin asked if the spark arrester issue will be added to Exhibit A. Mr. Lew answered the spark arrester issue has been added to the conditions and is part of the permit process. Vice Chair Sturmon wished to verify that two-story models be built on the smaller lots. Mr. Lew confirmed this issue. Member Buette inquired if there was any discussion regarding enhancing streetscape and the use of courtyards and walls. Member Buette stated that although he is not interested in a requirement, might the applicant consider an option for homeowners on some type of courtyard appeal. Mr. Lew stated if it is the Development Review Board's desire to mandate this option, he will refer to the applicant. Mr. Brock stated that A.F. Sterling does, in fact, offer options such as courtyards. However they are not reflected in the particular models shown. MOTION Member Kandetzke MOVED to approve 0V13-05-41, models 2300, 2675, 2787, 2842, 3 541 and 4547 for Rivers Edge at Canada Del Oro Estates subject to the conditions listed in Exhibit A. Member Zinkin SECONDED. Motion carried 6-0. 3. OV13-05-30, SEAVER FRANKS ARCHITECTS, REPRESENTING CASAS ADOBES CHURCH, REQUESTS APPROVAL OF ARCHITECTURE FOR A BARRIER CHAPEL AND A YOUTH BUILDING, LOCATED ON THE WEST SIDE OF LA CHOLLA BOULEVARD BETWEEN LAMBERT LANE AND NARANJA DRIVE, PARCEL 224- 20-002B. F:\I\' NUTES\D B\2005\12-19-05 DRB Minutes.doc Minutes approved 01-10-06 . 12119105 Development Review Board Minutes Page 7 of 17 Mr. Doug Seaver of Seaver Franks Architects, 2552 N. Alvernon Way, Tucson, Arizona presented his report. Mr. Seaver stated the design iof the chapeland youth center consists of two structures which are style. Mr. Seaver distinctly different in architecturalexplained the chapel is the benchmark y structure on this site higherdesign a end des, n in comparison with the other structures. Mr. Seaver described the architectural materials used as natural stone, stucco, and natural copper and are compatible withpreferred what is in Oro Valley. Mr. Seaver stated the new structure is two- story with classrooms on the lower level. presentedreport Andreas Molin his staff re ort into the record. Mr. Molin demonstrated the location of the Casas Adobes Church and its area of 85 acres. Mr. Molin explained the various n as well as visibilityfrom the parking lot and road. Mr. Molin stated that staff has elevations proposed several measures to break-upthe rooflines listed in condition 4. Mr. Molin commented that staff would like to see seating arrangements incorporated within the courtyard. Vice Chair Sturmon mentioned that in reference to number 5, in Exhibit A, a rocks cape effect to the benches would present a much more youthful appearance where kids may sit on the next rocks and talk. Vice Chair Sturmon inquired as to the feeling of his suggestion. Mr. Molin stated he personally felt it was a great and creative idea. Mr. Seaver explained there will be quite a few benches on site. Mr. Seaver showed a large area, at the end of theg outh building, where there will be canvas awnings and benches where the kids Y have room for activity. MOTION Member Panas MOVED to approve OV13-05-30, Architecture for the Casas Adobes Chapel and Youth Building, with the conditions listed in Exhibit A. Member Kandetzke SECONDED. Motion carried 6-0. Recess: 7:35 p.m. Reconvene: 7:43 p.m. (Item #10 moved to the next item) 10. 0V12-03-16B, EVERGREEN DEVCO INC., REPRESENTING STEAM PUMP VILLAGE DEVELOPMENT, REQUESTS APPROVAL OF A PRELIMINARY PLAT FOR THE ENTIRE 41 ACRES OF THE SITE, LOCATED AT THE INTERSECTION OF ORACLE ROAD AND HANLEY BOULEVARD ON THE WEST SIDE OF ORACLE ROAD,220-08-001. Corey Thompson son of Stantec Consulting, 201 N. Planita, Tucson, Arizona presented his report. Mr. Thompson stated the design issues have been addressed and Evergreen Devco is now in the p g process of preparing the sub-division plat for this project. Mr. Thompson stated eight lots have p p g FANENT TIES DRB\200 \12-19-t) DRB Mmnutes.doc Minutes approved 01-10-06 1 7,1 €`145 Development Review Board Minutes Page 8 of 17 been created on the southern end. Mr. Thompson stated they are in compliance with the grading and ADOT requirements and will be addressing the conditions in Exhibit A. David Ronquillo presented his report into the record. Mr. Ronquillo reviewed the history of the site and explained that the Development as well as Landscape Plan was previously approved in 2004. Mr. Ronquillo stated that thep lat does conform to all requirements and General Plan policies. Mr. Ronquillo further stated that staff recommends approval with the conditions in Exhibit A. MOTION Member Zinkin MOVED to recommend approval of 0V12-03- 16B, Steam Pump Village Preliminary Plat, subject to the conditions described in Exhibit A. Member Buette SECONDED. Motion carried 6-0. 4. OV12-05-01, ALPHA ENGINEERING, REPRESENTING CAPE CORAL LAND CO., REQUESTS APPROVAL OF A MASTER DEVELOPMENT PLAN FOR A COMMERCIAL CENTER, LOCATED IN PROXIMITY TO THE SOUTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, DIRECTLY SOUTH OF THE CIRCLE K, PARCEL 225-14-16613. Mr. Brad Gephardt, Co-Manager of Cape Coral Land Co. and property owner along with Dan Sharp, Architect, 1731 Tucson Boulevard, Tucson, Arizona 85716. Mr. Gephardt explained that he has owned the property for twenty years and originally sold the parcel of land that the Circle-K sits on. Mr. Gephardt stated that they propose to develop three separate parcels which may be sold individually. Mr. Gephardt indicated they are willing to conform to Exhibit B with the exception of#4 in regards to the wall height. Mr. Gephardt stated originally staff moved the wall out but raised the height. Mr. Gephardt stated the grade difference willbring the wall height higher and that a height of 5 feet would be appropriate since it will be only 5 feet from the property line. Member Panas inquired if on the entrance, off of Oracle Road, whether it is a right turn on the end and a right turn on the out or if there is access to turn left across that to go southbound on Oracle Road. Mr. Sharp answered it is right turn only. Member Panas asked Mr. Sharp how he felt about the amount of conditions for theJro'ect. P Mr. Gephardt explained that several of the conditions were taken care of along the way and some of the changes were due to a misunderstanding on the original plan. Mr. Gephardt stated the conditions will be addressed. F:` fINTJ I J S\D B\2OO5112-19-05 DRB Mii tes.doc Minutes approved 01-10-06 MEW 5175 Development Review Board Minutes Page 9 of 17 Chair Caswell addressed her concern with the interior traffic flow, particularly the entrance north traffic comingtowards you. Chair Caswell inquired if this issue has been of Hardy which has looked into. s Mr. Sharp stated this issue has arised within the last month and that staff has recommended this entrance to be one-way only. Chair Caswell expressed that her main concern is with vehicles around the bend, behind the apartments. There is a change into a two-way and when approaching the end of the property, heading east, it is difficult to get back out. Mr. Sharp pointedmay out that one turn off of the access from Hardy, heading south, to go around the building. Chair Caswell expressed that the traffic flow, at Safeway, in Rancho Vistoso is similar and is not easily accessible. Member Kandetzke asked how the shortage in parking spaces will affect plans for a restaurant of approximately 4,000 square feet. Mr. Sharp answered that a conditional use permit is required for a fast food restaurant which would be a separate process. Member Zinkin inquired how the delivery trucks would mix with the one-way traffic flow if there were a restaurant or retail store for their deliveries. Mr. Sharp stated there is a two-way access for traffic. Member Zinkin stated even though the truck enters through a two-way access, coming around the development, northwestern, it needs to come behind the store for delivery. Member Zinkin questions this head-on area and how the trucks will depart. Mr. Sharp stated he is aware of this issue and it will be addressed. David Ronquillo presented his staff report into the record. Mr. Ronquillo showed the location map and demonstrated access off of Oracle and Hardy. Mr. Ronquillo stated that traffic and circulation is a concern with staff and they are recommending that all drives meet up with each other. Mr. Ronquillo announced that in regards to screening, there are issues with the landscape wall, 411. q with buffer and publicY alley. Mr. Ronquillo further stated that staff proposes a screen wall with vegetation on the east side and west side of the wall. Mr. Ronquillo emphasized that there are noise and odor requirements that will need to be met. F:\t\.'ll ui S\D B\2005\12-19-05 DRB :l ntites.doe Minutes approved 01-10-06 12/19/05 Development Review Board Minutes Page 10 of 17 Mr. Keesler stated that regarding drainage and the rip rap, a concern of engineering is the residual amount of land left over for the rip rap channel. Mr. Keesler requests that the applicant prove to staff that the channel rip rap solution does, in fact, work hydraulically with the left over land. However, if the solution does not work, another mitigation measure must be proposed. Mr. Keesler stated that staff would accept the possibility of exploring an underground pipe system. Mr. Keesler further requested that the rip rap be of stone color. Mr. Ronquillo mentioned that the difference from Exhibit A and Exhibit B is that the existing rip rap be shifted from the center of the buffer yard and relocated on the west side of the screened wall. Mr. Ronquillo stated that staff does recommend approval with the conditions in Exhibit B and changes proposed. Mr. Ronquillo stated in regards to the Landscape Plan, staff also recommends approval with conditions in Exhibit A. Mr. Vella expressed that many of the items are last minute and staff has not had opportunity to address them. Chair Caswell added that the plan for this development appears a bit tight in regards to the number of conditions. Mr. Ronquillo answered that although the solution is not the best, it is workable. Chair Caswell inquired if the circulation problem has been addressed in Exhibit B. Mr. Ronquillo stated that the intersection is currently being addressed along with some of its circulation. Chair Caswell further inquired if the two-way flow of traffic is being addressed. Mr. Ronquillo answered that is not a condition in Exhibit B and that the issue will be addressed. Member Panas asked out of all the various points on this difficult site, what would be the degree of difficulty to overcome these issues. Mr. Vella addressed that he felt the three most important items of concern are: ➢ #4 in terms of re-design. ➢ #8 re-aligning the four-way intersection. ➢ #10 reducing the size of several buildings Mr. Keesler stated that he feels the circulation issue is a prime concern of engineering as well as the loading zone which does not provide a turn around for deliveries. Vice Chair Sturmon mentioned that he feels if the buildings were turned around in order to get the back of the buildings up to where the alleyway wall is, it would alleviate the problem around F:\ I TES\DRB\2005\12-19-05 DRB Mimi es.do': Minutes approved 01-10-06 2 Development Review Board Minutes Page i i of 17 the circulation pattern would be re-designed merely by positioning the perimeter. In addition, the buildings differently. CALL TO AUDIENCE Sunn slo e Dr, Oro Mr. John Thomas, 8665 N. y pValley, Arizona 85737, stated that he is one of the owners of the propertyadjacent to the development. Mr. Thomas stated that although there is p not a Homeowner's Association for this area, the homeowners adjacent to the land has been in communication. Mr. Thomas stated that on condition #4, the rip rap issue is a great idea and would like to see it pursued. Mr. Thomas indicated that after reviewing the elevations and drawings from cross sections, he is not certain that this is the best solution. Mr. Thomas stated as far as item #10he will need to relay the concerns to the apartment owner. Mr. Thomas stated e would like to see the dumpsters be moved away from the single resident properties. they p CALL TO AUDIENCE Bill Adler, Eagle 10720 N. Eye Place, Oro Valley, Arizona 85737, stated that he does not feel it y intent of the zoningcodeto permit an applicant to submit a Master Development Plan is the when he has no intention of remainingthe developer through the construction process. Mr. Adler stated that the applicant may sell the property to several other people who can come in with entirelydifferent development plans which will make the current process irrelevant. p Mr. Adler reiterated that he believes this process should not be permitted and he would prefer to property see there-zoned as residential and have Town Homes built. Mr. Adler further stated that this in lan question is not attractive, not workable and the buildings are in inappropriate p places. Mr. Adler stated he believes there is nothing consistent and that under the new General Plangrout is not a soft material and therefore does not comply with the zoning code requirement a for natural materials and General Plan for soft materials. Mr. Adler stated he feels this item should not be approved but re-designed. MOTION Member Panas MOVED to continue 0V12-05-01. Member Zinkin SECONDED. Motion carried 6-0. 5. OV12-05-01, THE ACACIA GROUP, REPRESENTING CAPE CORAL LAND CO., REQUESTS APPROVAL OF A MASTER LANDSCAPE PLAN FOR A COMMERCIAL CENTER, LOCATED IN PROXIMITY TO THE SOUTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, DIRECTLY SOUTH OF THE CIRCLE K, PARCEL 225- 14-166B (Item Continued) 6. OV12-05-17, LARRY MCGLONE, REPRESENTING SKYLINE RIDGE LLC, REQUESTS APPROVAL OF A DEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT 8600 NORTH ORACLE ROAD; PARCELS 225-13-005C AND 225-13- F:`MENLFFES\D B\200 112-19- 5 DRB MMinutes.doc Minutes approved 01-10-06 R Development Review Board Minutes Page 12 of 17 006B; LOCATED IN PROXIMITY SOUTHEAST OF ORACLE ROAD AND HARDY ROAD. The applicant, Larry McGlone, 12025 E. Prospect Lane, Tucson, Arizona presented his report. Mr. McGlone explained that this commercial development consists of 6.3 acres of land that has been vacant for quite some time. Mr. McGlone explained that there is significant drainage, from the east, where there will be a substantial drainage structure installed for"The Shoppes At Oracle Road." Member Panas questioned whether there is a curb cut in regards to the entrance off of Oracle Road, heading south. Mr. McGlone stated yes, there is a curb cut on the north entrance that will be widened in order to achieve the two hundred feet of storage in both directions. Mr. McGlone explained that the south entrance will incorporate an entrance only, then a northern departure. Member Buette referred to median cuts and asked if there are any in this area. Mr. McGlone explained that they are basically expanding them out approximately one hundred feet. Pamela Holt presented her staff report into the record. Ms. Holt pointed out that these two parcels are located just south of Oracle Road and will be combined as one. Ms. Holt explained that there is a tentative development plan associated with this site and incorporates two re-zoning cases; OV9-01-02 and OV9-01-03 which the applicant wishes to join together. Ms. Holt briefed the Board on a few key issues taken from the tentative development plan such as the continuous overlapping tree canopy along the rear of the parcel as well as required screening. Ms. Holt informed that as part of the rezoning, certain uses will be limited and that a 10,000 square foot restaurant is proposed on building one. Ms. Holt further explained that general office, general retail, art galleries and art studios are proposed for the additional two buildings. Ms. Holt stated that a few of the major issues associated with the site is screening from the adjacent residential property, landscaping, views to and from the site, location of dumpsters and loading zones. Ms. Holt stated that the proposed lighting be limited to the height of five feet in order to direct down and to the sides. Ms. Holt explained that this would alleviate any lighting concerns the residential residents to the east may have. F Ivilm J`fES\ RB\20O5\12-19-05 DRB Minutes.doe Minutes approved 01-10-06 /119105 Development Review Board Minutes Page 13 of 17 Ms. Holt expressedrequested that staff has re uested that the plan regarding odor be presented to Town Council. Ms. Holt also stated that the applicant is proposing an alternative parking analysis which will increase parking by 3.4 percent. Member Panas inquired as to where the water will flow in regards to drainage for this project. Mr. Keesler stated in Exhibitthere is confirmation of the hydraulic model, where there is a M . A, basin. Member Panas asked if this is basically clean-up issues. Mr. Keesler answered yes. Member Panas questioned if there are any traffic circulation issues. Mr. Keesler stated that the one issue staff has is the re-zoning condition and the location of the left hand turn p through the opening off of Oracle Road. Mr. Keesler stated staff will need to work g with the applicant on this issue. Member Panasq uestioned whether the restriction of the left-hand turn onto Oracle Road has been addressed as part of the rezoning code. Mr. Keesler answered that this issue is part of the rezoning condition and at this point, there are no details on how this will be accomplished. Chair Caswellq uestioned if these issues needed to be addressed due to the change in commercial codes. Ms. Holt stated that it would be the consideration of the Development Review Board whether or not this was added as a condition. Member Buette questioned if there is any significance in reference to the ORSCOD and the 120' setback. Ms. Holt answered that there is significant vegetation found within the first 30 to 35 feet along the frontage of Oracle Road. Ms. Holt stated that the applicant has proposed a 40 foot buffer yard in order to preserve the vegetation. Vice Chair Sturmon questioned what issues the Board would be voting on with respect to parking. Mr. Vella answered asp art of the Development Plan, in order to recommend approval as part of thep pro osal, Town Council would allow a reduction in parking. Mr. Vella stated the zoning code must meet certain criteria; however would all be part of the Development Plan package. thp F:\MIS ITE S\DP:6\1005\12-I`.415 DRB j iii mtes.d oc Minutes approved 01-10-06 121 `kt A-5 Development Review Board Minutes Page 14 of 17 Vice Chair Sturmon further questioned if the limitation or restriction of parking use may be proposed. Mr. Vella stated there is a list of restriction uses as part of the rezoning; however, the purpose is purely regarding traffic. Mr. Vella further stated that the parking analysis is based on uses. Member Zinkin commented there will be a significant impact on parking for the restaurant. Mr. Bill Gansline, 7311 Thimble View Way, architect of the project, stated that at the present time he does not believe the owner has a particular restaurant in mind for the site. Mr. Gansline feels there may very well be a large turnout and is not certain if the amount of parking spaces will have any impact on the entire site. Mr. Gansline stated that the applicant does have a piano store in mind for the site. MOTION Vice Chair Sturmon MOVED to recommend approval of OV 12-05 -17, "The Shoppes at Oracle" request for approval of the Development Plan, subject to the conditions described in Exhibit A. Member Panas made a Friendly Amendment to address the left turn issue to accommodate the project in a better fashion. Member Kandetzke accepted and SECONDED the Friendly Amendment. Vote Chair Caswell Aye Vice Chair Sturman Aye Member Buette Aye Member Kandetzke Aye Member Panas Aye Member Zinkin Nay Motion carried 5-0 (Zinkin) Chair Caswell requested a motion be made on landscaping. MOTION Member Panas MOVED to approve OV 12-05-17, "The Shoppes at Oracle" request for approval of landscape plans subject to conditions found in Exhibit A. Member Buette SECONDED. Motion carried 6-0. Recess: 9:03 Reconvene 9:12 8. OV12-05-23, BOB SOLFISBURG, REPRESENTING JBS REAL ESTATE, REQUESTS APPROVAL OF A DEVELOPMENT PLAN AND A LANDSCAPE PLAN FOR A RETAIL CENTER, BIG HORN COMMERCE CENTER, LOCATED EAST OF ORACLE ROAD AND SOUTH OF NORTH RAMS FIELD PASS, PARCEL 220-04-010M AND A PORTION OF 220-04-010J. F:MINUTE SJJ \7005 112-19-05 DRB Minutes.d oc Minutes approved 01-10-06 Development Review Board Minutes Page 15 of 17 Mr. Bob Solfisburg, 6650 North Oracle Road, Tucson, Arizona presented his report. Mr. Solfisburg stated as one of the owners of the site, he has owned the property for approximately twelve years and it is known as the Honeywell property. Mr. Solfisburg stated features of the property is that the residential to the north and east is that one of the existing P P Y being developed on industrial zoned property. stated that the Shur and development to the south has been developed and Mr. Solfisburg gu P Pima approved byCountyand also annexed into Oro Valley. Mr. Solfisburg stated that there is a development agreementwith Shurguard of a shared access along Oracle Road and Rams Field ur g Mr. Solfisburgstated there is proposed light at the intersection of Rams Field Pass and Pass. P P Oracle Road which will ultimately tie into Steam Pump Ranch in the future. Mr. Solfisburg stated that thero ert lies approximately 6'-8' feet below grade of Oracle Road. P P Y Chair Caswell inquired what is being proposed for the two buildings. Mr. Solfisburgadvised that it is a specialty retail center which will include retail, restaurant and P office with excellent access. Andreas Molin presented his staff report into the record. Mr. Molin stated that Phase I and Phase II of this development are each approximately 14,000 square feet. Mr. Molin addressed that Rams Canyon is a new sub-division and that this project has been approved as part of the rezoning. Mr. Molin advised the loading zones and dumpsters will be screened as part of the mitigation Process, particularly articularl towards Rams Pass. In addition, as part of the Rams Pass landscape plan and preliminary plat, a fifteen foot buffer is provided. Chair Caswell mentioned in regards to the development, directly behind this project, they have put a condition that additional trees be placed in each backyard. Member Zinkin questioned if the dumpsters were located on the south side. Mr. Molin answered that there is one dumpster at that location. Member Zinkin asked what the outcome would be if a restaurant is placed on the north part of the section. Mr. Molin stated that it was originally proposed for that location; however, was determined it was unsafe for traffic. Mr. Vella stated the factors of access for traffic flow and position of sufficient screening determine theP lacement of dumpsters. Mr. Vella further explained that it is not certain at this time where the restaurant location will be. F:\MINUTES DRB Mi_nutes.doe Minutes approved 01-10-06 • i2/I9/ft: Development Review Board Minutes Page 16 of 17 MOTION Vice Chair Sturmon MOVED to recommend approval of OV12- 05-23, Development Plan for Big Horn Commerce Center, subject to the conditions listed in Exhibit C. Member Panas SECONDED. Motion carried 6-0. 9. 0V12-05-23,BOB SOLFISBURG, REPRESENTING JBS REAL ESTATE, REQUESTS APPROVAL OF A LANDSCAPE PLAN FOR A RETAIL CENTER, BIG HORN COMMERCE CENTER, LOCATED EAST OF ORACLE ROAD AND SOUTH OF NORTH RAMS FIELD PASS, PARCELS 220-04-01OP AND 220-04-010R The applicant, Bob Solfisburg of JBS Real Estate, 6650 North Oracle Road presented his report. Mr. Solfisburg stated there are two required buffer yards on the site. Mr. Solfisburg indicated that an additional five foot strip has been added as well as fifteen new plants along Oracle Road. MOTION Member Panas MOVED to approve OV 12-05-23, Landscape Plan for Big Horn Plan Commerce Center with the conditions specified in Exhibit A. Member Kandetzke SECONDED. Motion carried 6- 0. 11. SELECT REPRESENTATIVE FOR CAPITAL IMPROVEMENT PROJECT TECHNICAL ADVISORY COMMITTEE. • Chair Caswell volunteered and will represent the Capital Improvement Project Technical Advisory Committee. STAFF REPORT Mr. Vella introduced and welcomed Mr. Paul Keesler, Division Review Manager to the Town of Oro Valley. Mr. Vella pointed out that a meeting will take place in January regarding the Oro Valley Marketplace project. This meeting will begin at 3:30 p.m. with the usual items and the Vestar project at 6:00 p.m. Mr. Vella informed the Board that if an additional Vestar meeting is needed, it will take place the following evening, January 11, 2006 at 7:00 p.m. In conclusion, Mr. Vella reported that the Pusch View plat will be scheduled for Town Council on January 4, 2006 ADJOURNMENT MOTION: Member Panas MOVED to adjourn the December 19, 2005 Development Review Board Meeting Regular Session at 9:44 p.m. Member Zinkin SECONDED. Motion carried 6-0. F:\MINUTESTRB\2005112-19-05 DRB Minutes.doc Minutes approved 01-10-06 * , I, • a 12119105 Development Review Board Minutes Page 17 of 17 • Respectfully submitted by, Margaret Fischer, Recording Secretary 4 F:\mmurESTRB12005\12-19-05 DRB Minutes.doc Minutes approved 01-10-06 MINUTES OF THE ORO VALLEY DEVELOPMENT REVIEW BOARD REGULAR MEETING TUESDAY, FEBRUARY 16, 2006 ORO VALLEY COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE CALL TO ORDER: 6:00 p.m. PRESENT: Harold Kandetzke, Member David Johnson, Member Marc Panas, Member Mike Zinkin, Member(Acting Chair) ALSO PRESENT: Bayer Vella, Principal Planner Joe Andrews, Civil Attorney Paul Keesler, Division Review Manager David Ronquillo, Senior Planner Pamela Holt, Planner Jill Manion-Farrar, Planner Jonathan Lew, Planning Technician Arinda Asper, Recording Secretary ABSENT: Mary Caswell, Chair Dan Sturmon, Vice Chair John Buette,Member ROLL CALL PLEDGE OF ALLEGIANCE CALL TO AUDIENCE 2 1 r'2(K F Development Review Board Minutes Page 2 of 11 REVIEW AND APPROVAL OF DECEMBER 12, 2005 STUDY SESSION MINUTES AND THE JANUARY 10, 2006 DEVELOPMENT REVIEW BOARD MINUTES MOTION: Member Kandetzke MOVED to approve both sets of minutes as submitted. Member Panas SECONDED the motion. Motion. carried 4-0. CONSENT AGENDA A. OV13-06-01, C&C CONSTRUCTION CO. INC, REQUESTS APPROVAL OF ARCHITECTURE PLANS FOR A CUSTOM HOME IN THE UPLANDS SUBDIVISION, LOT 5, LOCATED IN THE EL CONQUISTADOR PAD, ON THE NORTH SIDE OF LAMBERT LANE, 1/8 MILE WEST FROM TO THE LA CANADA INTERSECTION, PARCEL #224-25-2320 B. 0V13-06-02, C&C CONSTRUCTION CO. INC, REQUESTS APPROVAL OF ARCHITECTURE PLANS FOR A CUSTOM HOME IN THE UPLANDS SUBDIVISION, LOT 6,LOCATED IN THE EL CONQUISTADOR PAD, ON THE NORTH SIDE OF LAMBERT LANE, 1/8 MILE WEST FROM THE LA CANADA INTERSECTION,PARCEL#224-25-2320 C. OV13-06-03, C&C CONSTRUCTION CO. INC, REQUESTS APPROVAL OF ARCHITECTURE PLANS FOR A CUSTOM HOME IN THE UPLANDS SUBDIVISION, LOT 7, LOCATED IN THE EL CONQUISTADOR PAD, ON THE NORTH SIDE OF LAMBERT LANE, 1/8 MILE WEST FROM THE LA CANADA INTERSECTION, PARCEL#224-25-2320 D. OV13-06-04, DAVID JORGENSON REPRESENTING, CORBAN ENTERPRISES, REQUESTS ARCHITECTUAL APPROVAL OF A CUSTOM HOME ON LOT 114 OF THE CANADA HILLS ESTATES SUBDIVISION, LOCATED AT 10845 NORTH SUMMER MOON PLACE, PARCEL#224266910. MOTION: Member Kandetzke MOVED to approve all four Consent Agenda Items. Member Panas SECONDED the motion. Motion carried 4-0. REGULAR AGENDA 1. CONTINUED ITEM: 0V12-05-01, ALPHA ENGINEERING, REPRESENTING CAPE CORAL LAND CO.. REQUESTS APPROVAL OF A MASTER DEVELOPMENT PLAN FOR A COMMERCIAL CENTER, LOCATED IN PROXIMITY TO THE SOUTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, DIRECTLY SOUTH OF THE CIRCLE K, PARCEL 225-14-166B 1110 F:1MTNTJi'ES\DRB\2006\02-16-06 Draft Minutes.doc Approved 03-14-06 Development Review Board Minutes Page 3 of 11 Applicants Brad Gephart, Co-Manager na er of Cape Coral Land Company, address 1730 North p Tucson Boulevard, and Dan Sharp, Architect, gave their presentation. e hart explained that this item was continued from December. Primary concerns were Mr. � p p throughoutplan and the need for more detail in the landscape and the wall the circulation the areas. All major issues had been resolved to staff's satisfaction and agreement had been reached. There are no • ob ections to staff recommendations. Applicants met with � engineering staff today, reviewed additional changes and agreed that applicant has made progress ress and should be on time for resubmission to Town Council. goodp b Mr. Sharp said that applicants met with staff on January 9, 2006, and brought in a conceptual ailed the revisions, which accommodate staff requirements and address some of plan. He det the comments from the December DRB meeting. • Drives have been changed to one-way to two-way. • The two drives have been aligned on a cross-axis. • There are now 130 parking spaces and parking bumpers.. • A 5' screen wall, along the east 30' landscape border, has been added. • Dense and high vegetation on the east screen wall and along the path adjacent to the screen and the path, has been added. • ra- Rip p along pp Y ro ert line was moved to the center of the 30' landscape buffer. • Two distinct future access points were provided, in case the Circle K expands. • Two to three feet high parking lighting has been added. • Restaurant drop-off area redesigned. • Loading area was redesigned so delivery trucks don't have to back up into traffic. Member Zinkin asked where the dumpster for Lot 2 is located. Applicant replied that it was at the northeast corner, and would be screened in with heavy vegetation. Member Zinkin asked for a clarification on the landscape plan, which shows 140 parking spaces, and the Master Development Plan, which shows 130 parking spaces. Applicant said the discrepancy typo error. The Development Plan shows the correct number. p Y was a P Member Kandetzke asked if the two items were to be addressed separately or together. Member Zinkin said they should be addressed separately since there were different speakers. Senior Planner David Ronquillo introduced the staff report into the record and requested permission p to present the Master Development Plan and the Landscape Plan simultaneously and have the Board provide separate motions at the end. Member Zinkin said that was fine. Mr. a Ronquillopresentedshowing the project and said that at the last meeting, the DRB map recommended continuance because of certain design issues. He displayed the previous plan to the concerns and the revised plan to show that concerns have been addressed. Board illustrate members and staff were given a copy of the revised plan, labeled L-1. yip F:\ 1 .JTES RB!, OO6\O2-16-06 Draft ,Minutes.d?c Approved 03-14-06 2116/2006 Development Review Board Minutes Page 4of11 Mr. Ronquillo stated that the project's Master Development p ent Plan and the Master Landscape Plan meet all code requirements and staff recommends approval with the conditions in n Exhibit A, deleting Condition number 1. Member Kandetzke asked if any of the engineering concerns, ' • g gwhen satisfied, will change the Master Development Plan. Mr. Ronquillo replied that as far as design, ' . building layouts and parking circulation, they would not change the Master Development Plan. . Paul Keesler added that the engineeringissues updates for are p drainage and details needed to confirm that the drainage works once weet to the improvement g p t plan stage. The improvements plans will have to match the Master Development Plan. In no P way is that going to change the actual layout, landscaping or general feel of this development at all• thesejustbe completedp are issues that need to before we start on the development plan. Member Kandetzke asked if this project consisted of three separate parcels. Mr. Ronquillo said it tdid. Member Kandetzke asked what kind of changes we could expect as these parcels come before us with future development plans. Mr. Ronquillo said the Master Development p t Plan is prepared for the whole site. Later, on the individual developmentplans, eachpad on its % P own will meet the 20 open space requirements. Member Kandetzke asked if there was any limit on what the buildingheights ghts will be. Mr. Ronquillo replied that the maximum for Cl is 25 feet because the Oracle RoadDistrict Overlay District wasn't established as far as this site. Member Kandetzke asked if customers have been identified. Mr. Ronquillo replied that the plan is identified conceptual and users have not been for specific lots. Member Kandetzke asked if the square footage of thero osed buildings could change.p g Mr. Ronquillo said the purpose of the Master Development Plan was to establish conceptual areas for building, circulation, and parking. When individual developmentplans come in ' p the key is tostay close to the conceptual design or revise the Master Development Plan. Member Kandetzke expressed concern that once the Master Development Plan i p is approved, no individual vidual plot has the authority to alter it. He asked if thearticular owner of the e three plots could sell off each individual plot, and asked how the Master Development Plan would p be modified. Mr. Ronquillo said the owners could sell. Minor changes could be done administrativelymajor and changes would require a revision of the entire Master Development Plan. Without thout seeing the specific changes, it is hardto saywhether it would be a change that could be doneadministratively admi ni strativel y or one which would require a revision. Member Kandetzke asked for the basis for comments on the staff report that refer excessive e er to excessive building square footage on the site. Mr. Ronquillo explained that the comments p were based on last month's DRB meeting minutes. Member Kandetzke asked if anything had been mitigate. yt g done to mutigate. Mr. Ronquillo said that this point nothing can or has been done, as the applicants . pp s are still well under the minimum requirement ratio. • \MI`UTES1Dp 12006102-16-06 Draft Minutes doe Approved 03-14-06 2/16/7056 Development Review Board Minutes Page 5 of 11 titir f now that there is two-waytraffic, there is any plan of installing traffic Member Zinkin asked i ,calming devices. Paul Keesler replied that stop signs will be required on theimprovement plans. It has not y et been determined which lanes will be primary and secondary, From an engineering standpoint, north/south would be the preference for primary and east/west secondary. Mr. Ronquillorequested to make a clarification. Part of the staff recommendation was to delete Condition 1 of the Landscape Plan. Mr. Ronquillo said he would like to leave that in. Member Zinkin opened the meeting to public comment for Agenda Item 1. Bill Adler, 10720 North Eagle Eye Place, stated his objections to this Master Development Plan. The applicants don't intend to develop this property, but will sell it to ultimate owners who will develop the property. They are submitting a plan which they have no control over how it is designed or developed, what uses are actually there, and what the square footage will be. This is not appropriate or what the Code intends. q g Largely because of the property conditions, shape and size of the property, the design is g Y p P unsuitable and incompatible with the standards in Oro Valley. The property is crowded, p . and the two-waytraffic adds to the congestion and the risk. This property should not be developed with buildings of different sizes and shapes, but rather with one centrally located of the building. This plan may be workable in terms of the strict interpretation g Code, but it is not suitable or compatible. Access from Hardy Road is not a way to access this property, as this adds another element of risky congestion. tior Member Zinkin closed the meeting to public comment for Agenda Item 1. MOTION: Member Johnson MOVED to recommend approval of the Master Development plan for commercial center, 0V12-05-01, subject to the conditions specified in Exhibit A. MOTION DIED due to no second. MOTION: Member Kandetzke MOVED to recommend DENIAL of OV12-05-01, Master Development Plan for commercial center,finding that the plan itself doesn't really give the information needed about the property or what we are being asked to approve. Member Panas SECONDED motion. Motion carried 4-0. 2. CONTINUED ITEM, OV12-05-01, THE ACACIA GROUP, REPRESENTING CAPE CORAL LAND CO., REQUESTS APPROVAL OF A MASTER LANDSCAPE PLAN FOR A COMMERCIAL CENTER, LOCATED IN • PROXIMITY TO THE SOUTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, DIRECTLY SOUTH OF THE CIRCLE K,PARCEL 225-14-166B F: ,S1DRB\2006t02-16-06 Draft I linutes.doc Approved 03-14-06 or.) __ K- i-3tck,,Qw\k joimmtvvf s Comments on and Desired Changes to Master Development Plan and Landscape Plan for Proposed Development Near Hardy and Oracle (Ref: OV 12-05-01) Updated for plans submitted Nov 17. 2005 East Buffer Yard 1. Section A-A shows a 15 foot wide channel with a 3 foot retaining wall. The retaining wall is immediately adjacent to the property line and therefore places a 3 foot vertical drop-off at the edge of a 20 foot alley, constituting a safety issue. 2. Buffer yard width -Addressed (change to include 30 foot buffer yard) Screening Wall 1. A 6 foot architectural masonry wall is requested on the development side of the buffer yard along the east property line,the north property line adjacent to the R-6 property and along the east side of the access road to Hardy. No wall is shown separating the development from the adjacent residential properties. A 3.5 foot high wall or berm is required at a minimum per Section 27.6.E.9. Headlight glare,foot traffic and privacy of the existing apartment pool'are of concern. 2. Water flow onto the property appears to be controlled by either routing the flow in a buried storm sewer, or in an open channel on the south property line. The wall placed on the development side of the buffer yard is consistent with this design concept and should not interfere with water flow control. Resurfacing of Alley 1. Due to the increased traffic and construction use of the alley separating the development and adjacent R1-36 residences it is requested the alley be surfaced, and the existing surfacing in the water runoff channels be resurfaced. Landscaping 1. Multiple places on the drawing do not meet the requirements of zoning code Section 27.6.C.1.I.3.d for a minimum 10 foot landscaped area on all 4 sides of buildings. In particular the north sides of the north buildings will be visible from the apartment windows. 2. Loading dock screen-Addressed (loading area deleted from design) 3. Gap in tree plantings -Addressed by changing tree placements. Additional Topics 1. The two trash bin location on the east end of the property are going to present noise problems when the dumpsters are empty and should be relocated farther west, away from residences. 2. A screening wall along the east side of the Hardy access lanes would greatly reduce the impact of the development on the existing apartment pool area. 1 , r ‘,20 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 19, 2006 TO. • HONORABLE MAYOR& COUNCIL FROM: Pamela J. Holt, Planner. . _06 OV7-05-06, Amending the Oro Valley Zoning Code SUBJECT: Public Hearing, Ordinance (0) 06 ' • amendments are to the OVZCR Chapter 23, Zoning Districts; Revised. The proposed code Chapter 27, General Development Standard; and Chapter 31, Chapter 25, Use Regulations; Definitions. BACKGROUND: History: The issue of sexually-oriented businesses (S.O.B.) came to the forefront of the Town's attention when such a adjacent to a dance studio in Pima County. Pima County did not have zoning business attempted to locate add ac that would separate potentially deleterious businesses regulations or development standards with undesirable pdue to uses. The business in question did not locate as planned, secondary effects" from adjacent incompatible community concerns. Pima County process is in the of revising their zoning regulations and development ment prohibitincompatible toncom iatible uses from locating adjacent to each other. Current OVZCR: Currently, there are no sexually-oriented businesses located within the Town. As a result of this aforementioned application in Pim a County, a review of the current Oro Valley Zoning Code Revised was required by the Town Council. Use categories, as seen in the Section 23, Table of Permitted Uses, exclude g permitted oriented businesses from the or conditional use categories. For example, adult theatres were . It has been determined that the current Oro Valley theatres use category.excluded and not permitted under the g y d have outright prohibited such businesses from locating in Town, resulting in Zoning Code Revised woul g significant legal ramifications for the Town. Town Code: licensing requirements to help regulate such In May of 2005, the Town adopted lic g adult use-oriented businesses and related activities (review attachment). The Town Code Section 8-4 was devised to address two primary concerns: o regulate those adult use-oriented ted businesses and related activities in order to promote the health, safety, andgeneral eneral welfare of the residents of the Town of Oro Valley, and o to establish reasonable and uniform regulations to prevent the detrimental location and concentration of g sexually-oriented businesses within the Town. which are separate from this amendment, are listed in the Town Code The licensing submittal requirements, p Section 8-4 (review )attachment). The following are specific licensing requirements provisions of the Town Code: o clear andp recise definitions of sexually-oriented businesses; r , TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 o a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business; o current certificate and straight-line drawing prepared i ht-line within thirty(30) days prior to application by a depicting the property lines and the structures containing any existing sexually- orientedregistered land surveyor dep g p p y 1,500 feet of the property to be certified; the property lines of any established businesses within p p y religious institution/synagogue, park or recreation area, or family-oriented entertainment business gue,public to be certified; the property lines of any school established within 1,500 within 1,500 feet o f the property feet of the property to be certified; and o applications for any person involved in the day-to-day operation of the business or has the capacity to significantlyinfluence the operation of the business must sign the application as an applicant. p have neither the purpose nor effect of imposing a limitation or restriction on the content of any These provisions p rp communicative sexually materials, -oriented includingsexuall -oriented materials. Similarly, it is neither the intent nor the effect access byadults to sexually-oriented materials protected by the First Amendment, or to deny to restrict or deny y access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is intent nor effect of this Article to condone or legitimize the distribution of obscene materials. The Town it the . 8-4, and this proposed amendment, is based on an exhaustive legal analysis, as discussed in the Code, Sectionp p next section. Zoning regulations and development standards still needed to be updated. Therefore, the purpose of this g p amendment is to complement the Town Code and to further regulate sexually-oriented businesses and related activities, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of use-oriented businesses within the Town. Thero osed amendment will supplement the adopted licensing requirements by providing zoning p p development standards for the regulation of sexually-oriented businesses. For example, the proposed amendment includes a 1 500 foot setback from/to incompatible uses, such as school, churches,parks, residential � neighborhoods. The Town Code only requires a sketch or drawing to depict the locations of such uses. Legal Analysis: The authority to regulate sexually-oriented businesses is given by ARS § 13-1422. This statute regulates the g y "criminal" activityof the "secondary effects" associated with sexually-oriented businesses. This statute provides the means for regulation against sexually-oriented businesses that "is at least as restrictive" as regulations for other uses. This statute also allows municipalities to adopt regulations that are more restrictive thanermitted� as long as the regulation is through the methods of licensing requirements and zoning p development standards. adopted the Town has alreadyado ted restrictive licensing requirements, the zoning development standards are the next logical stepin how the Town can establish reasonable and uniform regulations to prevent the g deleterious location and concentration of use-oriented businesses within the Town. There are numerous cases on the issue of sexually-oriented businesses. The United States Supreme Court has determined that nude dancin is a form of expression protected by the First Amendment. Over time, courts TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 have included nearly sexually-oriented sexuall -oriented business activities under this First Amendment protection. First Amendmentp rotection means that government cannot prohibit free speech and otherwise protected expressions. However, rohibition is not the same as regulation. Concerned individuals and organizations saw this as an p opportunity ortunit to fund studies on the deleterious effects that such businesses have on communities. After much litigation, and using these studies as evidence, the Supreme Court held that government may regulate sexually- oriented businesses based on these deleterious secondary effects, yet not to the extent that these uses are precluded through regulation. The courts have held that government may adopt licensing requirements and zoning development standards that either disperse or cluster such uses for the health safety and welfare of the community. The Town Council has already adopted ted the licensing requirements in section 8-4 of the Town Code. Utilizing legal precedent, the Town Attorney's Office has refined the sexually-oriented business regulations in Section 8-4 of the Town Code and the ORCZR amendments offered in this memo (review attachments). The proposed changes to the OVZCR are simply a measure to further regulate the zoning development standards in order to protect its residents from py the known deleterious secondary effects associated with sexually-oriented businesses. Oro Valley Police Department: Sexually-oriented businesses uses can foster criminal activity, and as such, a representative from the Oro Valley y Police Department was consulted throughout the zoning development standards review. Utilizing standards set forth in Crime Prevention Through Environmental Design (CPTED) studies, design techniques have been incorporated within the zoning development standards presented in the attached proposed amendment. Specifically, certain themes were utilized, such as maximizing visibility, surveillance, removing potential hiding locations, limiting hours of operation, and controlling access to regulate secondary effects. PROPOSED CODE AMENDMENTS The amendment before the Oro Valley Town Council is to improve the zoning development standards for such use-oriented businesses, and to supplement the more restrictive licensing standards already in place. Definition and Review of Appropriate Distribution of SOBs; Section 23.3 Currently, use categories for sexually-oriented uses are segregated into different categories, such as theatres, y bookstores, and private clubs. The revised Table of Permitted Uses in Section 23.3 removes all references to any individual restricted adult-uses, and groups all adult-uses under a comprehensive "sexually-oriented business"heading. The Table also depicts the appropriate zoning district for the comprehensive "sexually-oriented business"use. As indicated in the Legal Analysis section of this report, the Town may congregate such uses into one area, which can be accomplished by creating a new and focused zoning category or a special overlay district. Another approach entails dispersing such uses into focused areas within the community. The staff review team asserts that it would be more beneficial for the Town if the sexually-oriented businesses were dispersed rather than clustered in one specific area. The following rational for dispersal is offered for consideration: TOWN OF ORO VALLEY to COUNCIL COMMUNICATION Page 4 • Areas with a concentration of sexually-oriented uses exhibit a compounding effect that results in a high level of undesirable "secondary effects"; • When such a use is surrounded by non-S.O.B., there is a greater incentive for the sexually-oriented business to operate in a discrete manner; and • Restricting sexually-oriented businesses to shopping centers encourages supplemental surveillance on the site, rather than a stand-alone location. Zoning Development Standards; Section 25.1 The Planning and Zoning Department analyzed appropriate zoning districts for such uses. Commercial District C-2 was designated as the most appropriate zoning district, as it is the most intensive-use commercial district. Furthermore, an area of ten (10) acres or more is required to zone a site as C-2. This helps ensure adequate buffers to surrounding uses, especially residential neighborhoods. Since SOBs tend to have greater impacts thang eneral C-2 permitted uses, limiting SOB use to larger-scale sites would be appropriate. Large scale sites are better able to internalize any secondary effects of such uses. Thero osed amendment restricts the number of proposed uses to not exceed 1 pad per 17 acres of shopping p p center. The reasoning for these proposed site and locational criteria were based on a review of the proposed and existing C-2 zoned shopping centers in Town(review attached map). Shopping centers are defined as occupying land area no less than nine (9) acres, whether on single or multiple lots or under single- or multiple- ownership. The smallest size in acres of any existing C-2 zoned shopping center is seventeen (17) acres. Large lb if scale shopping centers are better able to internalize any secondary effects of such uses. Therefore, in order to regulate the location of the potential use, Staff proposes to limit the number of proposed uses to one (1)pad per seventeen (17) acres. To conclude, annexation of any legal, non-conforming existing sexually-oriented business is the only wayin which such a use could be permitted that does not met the zoning development standards set forth in this amendment. A Conditional Use Permit is required to ensure that both the Planning and Zoning Commission and Town Council may use discretion when reviewing applications to promote the health, safety, and welfare of the residents of Oro Valley. Separation between Incompatible Uses Section 25.1 establishes new zoning development standards regarding setbacks, locational distances, and landscaping and screening requirements. Within the adopted Town Code, applicants are required to submit a p g current certificate and straight-line drawing prepared within thirty(30) days prior to application by a registered land surveyor depicting the property lines and the structures containing the property lines of any established y p religious institution/synagogue, school, public park or recreation areas within 1,500 feet of the proposed use property. development standards go a step further and require a setback from such incompatible uses of Zoning p 1,500 feet. This is done to ensure that incompatible uses are not located near each other. Crime Prevention Through Environmental Design CPTED studies were integrated in the development of the proposed standards. These CPTED analyses are designed to supplement and strengthen the licensing requirements already adopted. Furthermore, the CPTED TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 5 analyses were integrated into zoning development standards for the purpose of promoting the health, safety, and welfare of the residents of Oro Valley and the standards of living the residents have come to expect. Specific CPTED guidelines were incorporated into the zoning development standards. For instance, building design is regulated to ensure screening of undesired images or paraphernalia from views. Another CPTED guideline includes limiting the hours of operation, so to limit the potential "secondary effects" on the adjacent land uses. Additionally, CPTED standards were incorporated into the landscaping and screening regulations, Section 27.6. The CPTED standards focus on maximizing site visibility and surveillance, as well as removing potential hiding location in the perimeter of the proposed use. These standards can be implemented through the use of wrought iron fencing and landscape material and plant requirements. Such landscape material and plant requirements include the exclusive use of thorn or needles with a dense structure. Furthermore, landscaping materials and plants at such establishments will be designed in such a manner as to promote visibility on-site, and to and from the site. The landscaping will help promote visibility to and from the site, but also screen the site appropriately from any adjoining site utilized for residential purposes. PLANNING AND ZONING COMMISSION ACTION: At their regularly scheduled meeting on February 7th, 2006, the Commission voted 4-1 to recommend approval to the Town Council. For further information,please review the attached meeting minutes. PUBLIC NOTIFICATION AND COMMENT: All property owners with C-2 zoning have been noticed in accordance with the Town notification requirements. To date, no comments have been received. SUMMARY OF FACTORS: The proposed amendment will supplement the adopted licensing requirements by providing zoning development standards for the regulation of sexually-oriented businesses. Staff recommends approval of the above amendment to the Oro Valley Zoning Code Revised, finding that: 1) It establishes appropriate zoning and locational requirements; 2) It meets the enabling statutes given by ARS § 13-1422 to regulate for"secondary effects"; 3) It provides the Town with design standards to regulate potentially deleterious business with undesirable "secondary effects"; 4) Protects school, churches, parks, residential neighborhoods from being inversely impacted; and 5) Incorporates Crime Prevention Through Environmental Design measures. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 6 SUGGESTED MOTIONS: I move to adopt Ordinance 0) 06-06 OV7-05-06, Amend the Oro Valley Zoning Code Revised, thirty days from this date. ATTACHMENTS: 1. Ordinance (0) 06-06 2. Adopted Ordinance and Resolution of Town Code Section 8-4; 3. Planning and Zoning Commission minutes; 4. OVZCR Excerpts (revised portions of Section 23; Section 25; Section 27; and Section 31); and 5. C-2 location map. ] 1 r v ,A)2, / - / 46A-- _____ Planning and Zoni V A a ministrator /1 ,737,1Ait \ I, Community Development Director 0 ' ar,41/14,4A, oAss' tant Town nager zej ...1k---- Town Manager F:\OV\OV7\2005\7-05-06\reports\TC 4-19-06 Final Report ORDINANCE NO. (0) 06 - 06 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING THE ORO VALLEY ZONING CODE REVISED; CHAPTER 23, ZONING DISTRICTS; CHAPTER 25, USE REGULATIONS; CHAPTER 27, GENERAL DEVELOPMENT STANDARDS; AND CHAPTER 31, DEFINITIONS; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, on March 13, 1981, the Town Council did approve Ordinance No. (0) 81- 58, which adopted that certain document entitled, "Oro Valley Zoning Code Revised (OVZCR); and WHEREAS, in May 2005, the Town Council adopted Oro Valley Town Code, Section 8-4, Sexually Oriented Businesses; and WHEREAS, the next logical step is to establish development standards and zoning regulations which will supplement the adopted licensing requirements by providing development standards and zoning regulations for the regulation of sexually-oriented businesses that desire to locate within the Town; and WHEREAS, based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made to the Town Council; and WHEREAS, the purpose of these development standards and zoning regulations is to promote the health, safety, and general welfare of the residents of the Town of Oro Valley, and to establish reasonable and uniform development standards and zoning regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Town; and WHEREAS, there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and WHEREAS, crime statistics show that all types of crimes, especially sex-related crimes, occur with more frequency in neighborhoods where sexually oriented businesses are located. See, e.g., studies of the cities of Phoenix, Arizona; Indianapolis, Indiana; and Austin, Texas; and WHEREAS, it is recognized that sexually oriented businesses, due to their nature, create serious objectionable secondary effects, particularly when they are located in proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, sanitary conditions in some sexually oriented businesses are unhealthy because of the unregulated nature of the development standards and zoning regulations of those facilities; and WHEREAS, reasonable development standards and zoning regulations are appropriate mechanisms to place the burden of these reasonable development standards and zoning regulations on the owners and the operators of the sexually oriented businesses; and WHEREAS, sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns; and WHEREAS, the proposed changes to the OVZCR is simply a measure to further regulate development standards and zoning regulations in order to protect the residents from the known deleterious secondary effects associated with sexually oriented businesses; and WHEREAS, reasonable development standards and zoning regulations are a legitimate means of accountability to ensure to ensure that operators do not allow their establishments to be used as places of illegal sexual activity or solicitation; and WHEREAS, it is recognized that sexually oriented businesses, due to their nature, create serious objectionable secondary effects, particularly when they are located in proximity `` each other, therebycontributingto urban blight and downgrading the quality of life in to g the adjacent area; and WHEREAS, the Town Council finds that the general welfare, health, and safety of the residents of this Town will be promoted by the enactment of these development standards and zoning regulations to minimize the secondary effects described herein, and is in the best interests of the residents of the Town; and WHEREAS, it is recognized that sexually oriented businesses, due to their nature, create serious objectionable secondary effects, particularly when they are located in proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the Mayor and Council want to prevent these adverse effects and thereby protect the health, safety, and welfare of the residents of the Town of Oro Valley; protect the residents from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, it is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but to enact development standards and zoning F:\OV\OV7\2005\7-05-06\Ordinance\Ofdu1ance final.doc 2 Town of Oro Valley Town Attorney's Office/ca/032406 regulations that address the secondary effects of sexually oriented businesses as well as the health problems associated with such businesses; and WHEREAS, the Town Council finds that the general welfare, health, and safety of the residents of this Town will be promoted by the reasonable development standards and zoning regulations of sexually oriented businesses and these development standards and zoning regulations are in the best interests of the residents of the Town; and WHEREAS, the Town Council finds that dispersing sexually oriented businesses will help minimize the secondary effects described herein; and WHEREAS, to further the goal of not suppressing speech activities and furthering due process rights of persons within the Town of Oro Valley who own, operate or patronize sexually oriented businesses, the Mayor and Council of the Town of Oro Valley have determined that adoption of the amendments to Chapters 23, 26, 27 and 31 of the OVZCR regarding sexually oriented businesses is in the best interests of the residents of the Town of Oro Valley; and WHEREAS, to ensure compliance with the legislative intent of the original Sexually Oriented Businesses Code and to ensure that the residents of and visitors to the Town of Oro Valley are adequately protected from the secondary effects discussed herein and associated with sexually oriented businesses, the Mayor and Council of the Town of Oro Valley have determined that adoption of this ordinance is in the best interests of the residents of the Town of Oro Valley; and WHEREAS, the adoption and immediate effectiveness of this ordinance are necessary for the preservation of the general health, peace, safety and welfare of the residents of the Town of Oro Valley, Arizona, an emergency is declared to exist, and this ordinance shall be effective immediately upon its passage and adoption; and WHEREAS, on February 7, 2006, the Planning and Zoning Commission considered and approved the proposed revisions at a duly noticed public hearing. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. That certain document the Oro Valley Zoning Code Revised amending Chapter 23, Zoning Districts; Chapter 25, Use Regulations; Chapter 27, General Development Standard; and Chapter 31, Definitions, is adopted by this reference, and made a part hereof as if fully set out herein. SECTION 2. The various Town officers and employees of the Town are hereby authorized and directed to perform all acts necessary to give effect to this Ordinance. Lir F:\OV\OV7\2005\7-05-06\Ordinance\Ordinance final.doc 3 Town of Oro Valley Town Attorney's Office/ca/032406 SECTION 3. The provisions of this ordinance shall apply to the development and zoning regulations of all sexually oriented businesses described herein, whether such business or activities were established or commenced before, on or after the effective date of this section, except that the requirements that sexually oriented businesses be separated from certain types of land uses shall not apply to sexually oriented businesses existing on the date of passage of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 5. Based upon the deleterious effects, unlawful activities and unhealthy conditions arising from or related to the operation of sexually oriented businesses which are not properly regulated and as set forth above, the immediate operation of this Ordinance is necessary for the preservation of the public peace, health and safety of the Town of Oro Valley, Arizona, and an emergency is hereby declared to exist; and, therefore, this Ordinance shall be in full force and effect from and after its passage adoption, and posting. SECTION 6. This Ordinance is retroactively effective to include any and all sexually oriented business applications filed with the Planning and Zoning Department of the Town of Oro Valley. PASSED AND ADOPTED by.the Mayor and Town Council of the Town of Oro Valley, Arizona, this 19th day da of APRIL , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney F:\OV\OV7\2005\7-05-06\Ordinance\Ordinance final.doc 4 Town of Oro Valley Town Attorney's Office/ca/032406 DRAFT MINUTES PLANNING COMMISSION REGULAR SESSION February 7, 2006 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:03 P.M. 1. CALL TO ORDER ....... ........... 2. ROLL CALL .................. .................... PRESENT: Chair John Anning Vice Chair Pete Bistany Commissioner Bill Adler �- .Y..:M:u9:.i0'a+,c•:ftt^' .rpii 'A�a:k.. Commissioner Doug McKee ... Commissioner Honey Pivirottotu ° " { ''K9,fi:i:tt:.y%KVq':':. Aw!!e4:,en•,r,.ut}:r • EXCUSED: Commissioner Don Manross � Commissioner Teree Bergman .is t.{.sw 4Q�MYY•.�N!A�A?.,lW�..A. i`.R"R�n:ya:tiiw•w.`►• Others Present: K.C. Carter, Councl ~Member Joe Andrews, Civil Attorney Sarah More, AICPJ'ianning.and Zoning Administrator Pamela t olt, Planne, .. � eixt::ectot�2*»a�F% . .. .. ...::'En...iv)AeGN.ett. t1,iRpatlj��toK.q,,V.:(.�,,.ejosr>w' .•.. ..c..�.+w1o�A...`x{5.4:Rs??tY 'ti0, >+�+??➢.4:. .:. ... .,J,Oj,IA'i,00�[�j},$�i}�Y •y,0yeoyoieai:g0 •...•.. 3. CALL TO THE-AUDIENCE IENCE opened and closed at 6:05 p.m. There were no speakers. wfw - 4. M I N UT ....isb..:..'.:.:.>t�:.+n*::;>„w+mrs�..oaw:...:.uw:!y.. mar :LOTION: Commissioner Adler MOVED to approve the Planning and Zoning -a-T.1'1(106, commission J .nuary 3; (06, regular meeting minutes as written. Commissioner Piiiirotto seconded the motion. Motion carried 5 yes, 0 no. .............. K➢fa iw:ow�w:2w�,ob. 5. PUBLIC EARING, O 7-05-06, AMENDING THE ORO VALLEY ZONING CODE REVISED CHARTER 23:;:ZONING DISTRICTS; CHAPTER 25, USE REGULATIONS; AND CHAPTER-2: 3tDEFINITIONS, TO REGULATE SEXUALLY ORIENTED .............. ...... ....... ........... BUSINESSES Planning and Zoning Administrator Sarah More introduced Planner Pamela Holt, who gave the Staff Report. Ms. Holt gave a brief history of the problems that had arisen in Pima County due to not having regulations or development standards that would separate potentially deleterious businesses with undesirable "secondary effects” from adjacent incompatible uses. Oro Valley decided to take a look at their regulations. A study committee comprising February 7, 2006 DRAFT MINUTES, PLANNING AND ZONING COMMISSION 2 Planning and Zoning, Attorney, and Oro Valley Police Department put together the proposed amendment before the Commission this evening. The Town Attorney's representative said that excluding the use of adult-use oriented businesses in Town could have serious legal ramifications. The Town Attorney and Town Clerk put together a comprehensive list of licensing requirements. Ms. Holt discussed the changes that would be made in Sections 23.3, 25.1, 27.6 and 31. In the Definition section, any reference to sexually oriented business, as a part of other use definitions, was removed. Sexually oriented busi-ass was defined and a reference made to the Town Code. The Town Code has haustive list of precise ....................... definitions of what constitutes a sexually oriented busines_ . 'eaie9+ir..auM'' Commissioner Adler asked that rather than having a-specifics i that such a use as this will be limited to one pad per 17 acres, why not one pad per Cstrict? • Ms. Holt responded that the StudyGroupfocused on onepad per 17 aces rather than p .� the C-2 zone, because when looking at the shopping cedkrs that are in existence and zoned C-2, the smallest one was 17 acres. Byw:l m;iting the size to the 17 acres it would mean it couldn't go smaller than 17 acres. This pro ides a standard that can be applied to any shopping center zoned .. ........ . . Ms. More responded to Commissioner McKoe's .qu.estiontat Clarion Associates were not involved in preparing the ordinance 4r Sexual}Oriented.Businesses (SOB). Ms. Holt explained ..to Commissioner McKee that in Table 23-1, "excluding adult bookstore, etc.", was deleted because Staff wanted to remove any reference to any type of SOB as a part o standard corn nercial uses definitions. The comprehensive category of SOB would lump a the ex Iu ategories:together. To determine what a SOB is, p t oning Cod there crew o tions: `: Definitions Section lists what constitutes a SOB, an hefe s.a reference to the Town Code. ..wW vn•;• • Ki?;NCYI.%0}pJh' "?•„1':'w}:.1!93<1.. .\..H%hh. A✓N.!.F!f'.e➢!e!N59F' '.wwR!:J!QN.:3tp10i.. .. Commissioner McKe sked ifinIcase of a conflict between the Planning and Zoning Code ar d the licensing code, whchwould prevail. Attorney Andrews said oril regulates licensing and the other regulates location. He didn't think th was a conflict. If there was a conflict he would place it before the Planning and Zorlio Administrator and find out what the interpretation was and present that to the applicant and go from there. Attorney Andrews told Commissioner McKee that the inconsistency of the hours of operation is something that can be taken care of. Commissioner McKee said in the Zoning Code, page 265, design requirement, a reference needs to be added for the definitions to make it easier to read. And, on page 266, 2a "No use shall be located less than 1,500 feet from any existing sexually- oriented use" is awkward writing and could be cleaned up. February 7, 2006 DRAFT MINUTES, PLANNING AND ZONING COMMISSION 3 Ms. More said it could be made into two sentences to make it clearer. Commissioner McKee asked if on page 266, 2d "Parking lots for this use shall be accessible through one point of ingress and egress," was practical, and how would it be enforced? He didn't think it would work for a strip mall and should be reworded. Ms. Holt responded that the Oro Valley Police Department focused on this specific issue, of one point of ingress and egress to the site. If it is a site that is in the process of the Development Plan, one way to do that is to provide concrete barriers and isolate the parking lot. If it is a site like the Oro Valley Market Plan whe =the Development Plan has already process,in one idea the Police had was toTtit bollards up to delineate the area to show that it is parking specifically for that use Ms. Holt replied to Commissioner McKee's question regarding tre ,purpose of planting cactus under the trees, that the Study Group thoughtYthere shoulydbe thorny materials such as cactus around the perimeter of the building to keep individuals from going into that area to do illicit activities. Furthermo .; to provide.surveillance to tithe site, the height of the plants was limited to allow viewfri into the s . Commissioner McKee said on page 338 it asks otrwrought iron fence around an isolated pad. This could be a problem in such areas as the Vestar site. There is nothing about the parking being insicre e .fence. Should it be extended to include parking lots on an isolated pad? 4 o pew .V.....:`.•!:•.? ..,y,!'!uc>wxy:Ki'}ew•<,ice... .. .. :Si<•.:4b'wHfK.,(:.ve.:G?:W>:::?ls:..tv:;k.. ::drt4f:Y' �D.M:�w�i�}�}A! ww:M!atgOR:uMR?M[.K•f0"�si..yu."•.X.6... �.R:iK<I Wii 3. nvwroya...�.u•Am!V!' `NMYfMf�3lei<Afs %w,.. Ms. Holt said that the fence does not iay t enco sss the parking lot area. The intent is that if it is a.stand alonep ad it WW2 require the perimeter fence around the perimeter of the arcel, arounde parkingetc. It does not specifically state that it should be around the parkingglin areas scoh as the Oro Valley Market Place, the proximity of other busi esses•woul . el _ to encourage the SOB to behave better. In an area such_as thi the` kgs ould be'leigticlined to engage in secondary effects. A fence ar:our d gad alone pad, including the parking lot, does make sense. .-f.:4.2?✓K!':•,.•..1.51" MMK9ir;Q`it.4»i:Vn. .. ....... Ms:ROA told Commis otter MKee that there was no reference to 10% or 15% in the definition s. The definition section has had references to any SOB removed and one specific definition included with a reference to the Town Code licensing section. Attorney Andrews_saiccAliWreason is essentially if, for example, Circle K has certain p. a buy and some don't, we don't want Circle K to have to come in magazines some ea �� for a SOB license beTC8Use those magazines are sold from their store. That is why that limitation is there. Ms. More said the principal business purpose means anything greater that 10% of the floor area and greater than 5% of revenues attributed to SOB. Attorney Andrews told Vice Chair Bistany that we have to permit this use. This was based on the constitution that people have certain rights. In his opinion, this is the most regulation we can put on the Town, coupled with the licensing requirements. February 7, 2006 DRAFT MINUTES, PLANNING AND ZONING COMMISSION 4 Commissioner Pivirottoquestioned the Town Code, Section 8-4-7 Inspection, for a point of clarification; it indicates the applicant or licensee shall permit representatives of variousdepartments de artments to inspect the premises. Is this Pima County or a contemplated Town Health Department? Attorney Andrews said it is any health department. Oro Valley does not have a health department. Therefore it means the County Health Department. Commissioner Pivirotto said the Conditional Use Permit (CUP) looks as though there is plus lus the license. Does the license expire every year ess you apply 30 days the ,.. ,..,� before termination? !tzice'+�..:owfi!Ha.n»eyw•:L. Ms. Holt replied that the licenses do expire every year an has to be reapplied for. Attorney Andrews said essentially the CUP would emend but they would have to renew the license. If they lost their license, they would loose their use. Ms. More said a license renewal, if the conditions are the same, is an- automatic proc triggers Unless somethingtri ers it otherwid,At.would keep on being renewed. ... ..............:... Attorney Andrews added that if one othe SOB licensees had new information turn up having a sexual offense in their back ro n i;they would 1bQse their license. ueiae.u!.:t?%. :•a:f'<o».atS`M:Y:6?fbN+4^+ N#NY i::iw3fjJNN>. -siase.oDA Khoo. 4•••••...cfF.'Yza•. PUBLIC HEARING openedpP.'aat 6:45 p. ° .. .d•N!1..'. ....... .... '. ;:1.cialr,.YMY. M.M:�..`Y..+:Kn3<'.f' q!g ?tl/MNHIA+' .. YK9f'4Ke!uF e`x!M,?°1`K+?•aa` •wKKKYMKetlAN!' JMxtatc[:.•�HW/e�SK:^�'..�))!9A. KRfi!3?1MaelK.•1!!:9f+b7+" ... �H!v yKq KSKagtj aaa4^' _ '7"..1; Lois Nagy, 245 W. Greenock Dr e, in the O Valley Estates area, has been a resident there since 1970Some of hgt questions,had already been answered. She was delighted that not ayi . ng a red_light distridt pr "shanty town" areas was taken into consideration. She w d likehe . cre situation extended to 20 or 25 acres. The idea of one business pef t. pping comTplex is a sound idea. She was concerned that if a business..like thwoes into* a sizable shopping center that other merchants might shy . ...., awayithere wouie vast space close to the establishment that would otherwise be taken by merchantstbat vivant in Town. Another concern was security, making sure tf ome of the hid f.sschooiers and other people who are curious about this kind of establi mnent don't getjn there. It is important in the licensing process that the air eo le who work there will be screened for criminal records, etc. She proprietor p p ..::: ._.. thinks we are going about this in the right way. She is pro economic development and would like to see this done in a good way for our Town. PUBLIC HEARING closed at 6:50 p.m. Chair Anning commented that based on his experience and watching towns grapple with this very issue, he wanted to commend the Staff for walking a very thin line on this 1 ‘4.* piece of work. He thought Staff has done a good job and it is worth passing on. Commissioner Adler feels strongly that the one SOB per 17 acre restriction on a use of this kind is arbitrary and needs to be extended to the entire C-2 center. Regarding the 1,500 feet, could we specify the kinds of family oriented retailers or uses that a use of February 7, 2006 DRAFT MINUTES, PLANNING AND ZONING COMMISSION 5 this kind should not be adjacent to? He feels the 1,500 feet is an arbitrary number. In a shopping in center, there are family oriented businesses. He wants to see examples in the Code of uses a sexually explicit retail store should not be located next to. It should be very clear that if the SOB use is allowed in Town, we are going to be protective of those retailers that could be offended or whose business might be affected by having a business like that adjacent to theirs. He understands there can't be displays in the windows, but are the windows to be tinted or mirrored so no visual access is available? Ms. Holt addressed the first issue of why the 1,500 feet. The Study Group looked at cities within the State, of which . cost used a 500 foot requirements for others.., requirement. We felt in Oro Valley we wanted a more restrictive 1 ,500 feet. Family oriented business was not defined because in theSudy Group we started listing what is a family oriented business and reached a point-where itecame too restrictive. This will be left up to the Planning and Zoning Administrator's interpretation. ...................... byie4,>lD,tO,tS V fixes .................. rlY<f':i!!4'+iBd:i:k»Y' ....i2AC•9%N!L7. Commissioner Adler did not think damage ver® rld be done bygiving éinples without g .. . �. attempting to be comprehensive. Would a diiedy clubconsidered an .dult theatre p g if it attracted comedians whose format is sexuallybase wouafterco .edians who made reference to Attorney Andrews said no, we c��d..�n�t goM anatomical parts, because our Code does 't necessarilyregulate speech, it is more video and visual. He understood Mr. .Adler s rice,....rn regarding defining family oriented businesses. It would be difficult to make-a list ,end-Qt make ittoo restrictive. He would rather the Planning and . oi:g Administrator make that interpretation. Commissioner Adler felt the ordinance needto give examples that are very clear, so if the Administrator is naking an.inTterpretatiomitis based upon the language in the Code which sets forth the parmeters whichthe rterpretations are made. Whereas it may be a d ifficuit to .k, he i pr red to do it f others are not. It should be as restrictive as p e�� �s ossibl 1O s it is diffusible. ...... .... Ms. Holt said regardirghe window treatment, page 265 under design requirements it says ali entrances and ndows hall be designed in such a manner as to not allow persons o ts:de to obsenielinto the building. Choice of opaque, black out, etc. is not determined. `urther it states that no display windows are permitted. Chair Anning asked w .ere the reference to family oriented business was in the Code. .................. Ms. Holt said the definition of family oriented business is not in the Zoning Code. The wordage is in the Town Code, Section 8.4. Chair Anning said there is no location standard set forth that says an SOB must be kept 1,500 feet from a family oriented business. Ms. Holt said the proposed amendment does not specifically say it must be 1 ,500 feet away from a family oriented business. February 7, 2006 DRAFT MINUTES, PLANNING AND ZONING COMMISSION 6 Chair Anning said the issue of family oriented business comes up in the Town Code, section 8.4, which is not the Zoning Code. The applicant for a license is required to provide information for the family oriented business. At no point in this amendment does it say it must maintain any minimum distance between a proposed SOB and one of the family oriented businesses. To do that would get way over the top in terms of constitutional issues. It would be totally exclusionary. Commissioner Adler said he is willing to take the risk in terms of somebody taking us to task for constitutional issues. It needs to be clear that there needs to be separation between this kind of use and other kinds of uses. We have theright, for public health, safety and welfare, to define what we are trying to do he,r7He thinks regulating the locations of SOB uses is well within our authority. Commissioner McKee said we are coming closetoWtis in the location requirement section where it says an SOB can't be within °° 00 feet o.f a park, recreation area, school or daycare facility. The school or daycare facility may well beusiness. x Ms. Holt said the reason for including reference to established religious institutions, parks and schools was based on the legal analysis thahowed previous court cases sited with the towns and cities that p wanted to rotectlese specific uses. Attorney Andrews understood where llr�:Adler was corning from, saying we should not place SOBs adjacent to certain uses He didn't know what:,those uses would be and he g thou ht it would make our_ Code extremely x—cl sionary, to the point of being a constitutional issue. The`Fef r . he is comfortable leaving that subject to a Conditional Use Permit review. „ ,: Commissioner Mdse. said if we are going laTerr, it is a question of which side we are going to err on. If wemake the Code too restrictive and get taken to court later on, we could always back off. If th, ee Code is left t nose now, it can never be tighten up. y�ew�.++�anil�i'.sw!a?" ..,.^1'il9MMKw�^Y3�. `w+A.R'»ci :. . uo...:::r:. weooei�>Ml+{�coc. ?>tHp•T`.�•�;wee' raaecswuu. `... ;���, �xMwswfww Vice Chair Bistany f nde,rstood:where Mr. Adler is coming from, but in some of the C-2 shopping areas, you would beV(hard pressed to keep 1,500 feet away from any family oriented business. a, Ms. Holt said,according to- the court cases that have come down, we are allowedto regulate zoningdevelo nest standards where certain uses are allowed to be located. The owners of theTT ..ro e ties would be the ones leasing the properties. We only need K to say where there's reqs to conceivably locate. Ms. More said the important point we are trying to make as professionals is that we cannot advise you to pass on an ordinance to the Town Council that is so restrictive that we believe it is unconstitutional. We are not going to tell you any motion you pass can't be sent to them, but our job is to advise you and the Town Council. In most court cases and in all the analysis she has done over the years, care had been taken to make sure there is a clearly defined amount of land area within a city or town that is available in the theoretical sense when it comes to zoning, not in market sense. There has to be some land available. If you change the amount of land area and get too restrictive it would February 7, 2006 DRAFT MINUTES, PLANNING AND ZONING COMMISSION 7 have tog o back for another analysis with maps to make sure that we had enough land area available for the use. Attorney Andrews concurred completely with what the Zoning Administrator said. MOTION: Vice Chair Bistany MOVED to forward OV7-05-06, proposed amendments to the Oro Valley Zoning Code Revised, Chapter 23, Zoning Districts; Chapter 25, Use Regulations; Chapter 27, General Development Standards; and Chapter 31, Definitions; to the Town Council recommending approval.a roval. Chair Anning seconded themotion. ............ ..................... Commissioner Adler asked if he could make a friendly amendment. ::::.i:3!`::1.at as✓!:'.<1a`,> ...?.416[.:. 'g:N.!li•?e:c%Jife::l.:;- A1LlC!?NFDe?:talA:9.d0' ?Ja1K4:t0.ioE" YpM»cG• AMENDMENT TO THE MOTION: Commissioner Adler MOVED that the maker of the motion consider changingAt zoning condition under Section W.2.c, where is says "not exceed 1 pact Or 17 acres of shopping center" to simply say "not to exceed 1 pad perrillopping center in the C2 district." `e9S.>.<3,oth:r!xR•'p.Yw. .f>:F.'!.\:hL•>i%ayxY.e.M- ...... Vice Chair Bistany maker of the motiorcceped the friendly amendment. Chair Anning, second of the;motion, did notaccept the friendly amendment because he felt we should natbe that restrictive:,and that the 1,500 feet radius a rovides verygood dispersal 1 the 17 acres or any size p shopping center. Mf9Sw41M<ZA .S.Q:WOItM'( :icdi.fSC4l'�<kf Yom. ...•>a.::.. St9:oi. Oagiq.Onian0lyyf <p'i..:: F.»f.:os1.. '. !MY'ThI44M+M .wwuwf•::: Mpi<.'.e»»»»M'».»,Mw... /A}it0 .:iy>uw H '..,. KO•:vl. .A:?.+Y•l+h4N'•'?`Y:a?!' .:�.�. .. .. Al1f?.i6?.COSq ..�..• ':•e;. »F'?3'tfM`w5'<!F,k.. ' rytj>4,:tK<S .!>?jY.»y>••'»+R.N.' `KeQ2:YS'4.b„O.N'N 401' >f�+1H.C%?F.Ol'N:'L'.'.>»Itl^LgiY •1'+Ali? N.' . .: .:. � voi Ai:AaasaRst '•xuiwt `++?I!1 AMENDMENT TO,,,THE M TION FAILED. Chair Anningcalled fora vote on thWori inal motion without the amendment.° »cv» .rw..;%s !sx..as..ilcs.,«.>%i!x•.?>i>ees:... «+lir?zes«:»» "a +»a.:,£+.> M i carried 4'y-e_sIl no. Commissioner Adler voting no. PLANNING UPDATE w • TheTown Council approved the R-4R 34 foot height limit change. • The Town Councpproved the telecommunication tower Conditional Use Permit. There was an amendment to the conditions that required the tower owners to come-back for a new CUP only if they were planning a change that would increase the impact on the Town. • The work program for Planning and Zoning was approved in December. The department has been and still is short staffed. There are some very important things on the list such as Environmental Sensitive Land. We would look for a new staff member and possibly consultants to help with that as well as community input. The Commission will be kept informed and recommendations will be welcome. February 7, 2006 DRAFT MINUTES, PLANNING AND ZONING COMMISSION 8 Chair Anning announced that this will be his final meeting as a member of the Planning and Zoning Commission. He submitted a letter of resignation. He expressed his appreciation in working with the other members of the Commission. ADJOURN REGULAR SESSION Meeting adjourned at 7:20 p.m. Prepared by: .................... • ..:«:liw?oD.!?ea!!.el.?%`••' ..%Oiecpr,Cis,?'�Rty A%eai>yyyu::dwg>. �%ai:bao+i3000` "ir6«ae•eiydiie., ................ ................. Diane Chapman �'��" :Y• �ra���` �£ <. ,Ree«}:•i.Y,.;,«i%t«;%o' ':£'isxaxara,4a:eRt,., Office Specialist w� � .<a9».<oL/%:Y.t<..Y ,wb. >+w<✓•+e#«Ade•,., 11111, ''R`}'<b(ntv>c£;aarnj, rii?.«R:q, >sNo-tilu:nw!i». .y. '%r,:,ge»i.Ki<:+ay. .P.n':i.Y.9>.�>'T>:4>.i.�nt•> xnttepc:'dP.?K-%:>. .att'!?iK9>.•`.a�'4�?aF. .....,... Ate.. es?.!Ff;KY.'....M. Ae?%£9DY.C•dd£f.''eieye"v %uHtwvwl�;t9:N,'fO:a„6,s,'£4,:.sh"Ac:,� 3•ae.:wfKfkf«><-0E;'i�:yaiic.<�eo... .. .... «<a:.•ii.;•a•>Jew '^�},pyF9:<Jl�.e9'A:fi':<Y8'!e'iaa;. .. y::x«t«ti%e �vaJlilVOYi%£➢.%e.:5!i<:!!!?+.. t:kPR!%9.1N.:`.M<?;. �K:wwx...... �5+➢:�;i%:<�N+;arwl.+!.bP.:.`ot�'NS:. iarieti�a<;•e<:ew 2:x:�weyr,.!!.ry. A?.N:i%I�pgeedLl;%p(Rfaj�ppJ,�.. n.b wAn+<ax.o#ee«.`to>•!<M'�A `«}K tYO.. <Ku}�dKMt£jte+.!?V`�` ^ksF.•:.:.�•:<➢Bece«f�aa . %!.<.fO»1<0141<' .b:��%RtM'NO'>r':?];W OP 0%f F4s.•M6:q. % "W.!qK��:<' >.e�q<eda<yK':!<R•. K.Hw%9a1�gF. :tt<RoKAe4%�>i�M' i£<e. ,<y .Xh'n�•#'Y...»:640cen�Iweipj"Vf�•:>,:<1.k. "i0.<�>ALP.N:T. F4DLOYA%Y>x«YoY.:F •3l»<O>rtKA'<.£4' - .w>.to•:?e<�E.pox.�f^£«#£•rY '`�cc<4':±24'� •M� :tgN;w:�saaiiw.«!e J£:>:.::Y:!e.M.e£R• >ya•�� rSq!wi:*wY<ae?fll:' w3�M4.�<!�.RM . Wf00ttCCY..«K . iai•'ri!�M➢.ycf. •e%<•},e;$}.:e2<a:.»'t.. .ta::`.iwcP:e.W!`D?. ...+...:.T�91. =:ituy. `l??''3?!<DS'•?j?!:, bf:4!.,eo.+crfi:Y...:'!::r'- wo<ai<a.�:ye:/•sMdecv:,�<w.•y< .... <tn�oteepdyye:;i%Ka:y�bAty;�e.apFev.{t.,eaa}>. ..io•ky'a.:y:d£„<:,k<ytk>e�..nw�-: ..�.....mw::?::.r>,. ;i:%.?a,.f;i;i,�ysxe.<.wwis«?a?AiR??r' �":<e•oe«4ao:.Ms<i<>•i44af�t+.»,+.ak. A!D'S!�i«:aq,0,t:w'a.M.y.?R�k�"".. "".�+M.'.I.�«.:.%.ldEfF:i�'iliia,•<� ......urAi£R:�. ,.✓,.ec;gee£'pe<x;,,{?+y' '<N�T,t«;L,»fty;+iih,Ml�_0,0,.. i19�<;a'utwi<xi>M:..:•�{� `e<Fe�<!➢.#Y�44. «5tA<a<yeHgw;., ..........:::F:.. •«fid:«::,ai>:ii%e.. ................. ..... '�oi%oee,%;;•<as:e•, <#?e>'%aoc;.�ie• �verr:;o:c> Cif .................... '<iao��:w»ect%<r(•>. .Mee;;A}I;}(e,%a%4,M' �we;j�:d,;iK?3>'at.:•3?y,:si+�:•«?e�;>.i4c' w•n vi>�de✓ TOWN OF ORO VALLEY ZONING CODE SEXUALLY-ORIENTED BUSINESS CODE AMENDMENTS BY THE ORO VALLEY PLANNING AND ZONING DEPARTMENT 11000 N. LA CANADA DRIVE ORO VALLEY, ARIZONA 85737 (520) 229-4800 REVISED MARCH 2Om, 2006 NOTES: STRIKER OUT LINES - Deleted language BOLD - Designates new language CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses W. Sexually-oriented businesses 1. Design Requirements a. No drive-through shall be permitted. b. All entrances and windows shall be designed in such a manner as to not allow persons outside the building to observe into the building. No display windows are permitted. c. All canopies are to be connected to the roof of the main structure unless otherwise approved. Signage of any type is prohibited on canopies. 2. Locational Requirements a. No use shall be located less than 1,500 feet from any existing sexually-oriented use; or within 1,500 feet of the property lines of any established religious institution/synagogue, public park or recreation area, any school or daycare facility. b. Uses shall be ancillary to and located in shopping centers. Use shall not be permitted in office parks. c. Total floor area shall not exceed 10% of the maximum allowable floor area ratio of the zoning district in which a shopping center is located. The total number of proposed use shall not exceed 1 pad per 17 acres of shopping center. d. Parking lots for this use shall be accessible through one point of ingress and egress. 3. Architecture a. The architectural character of the buildings shall be integrated with the design theme of the center through the use of the same predominate building materials, shapes, details and colors. All parking, circulation, driveways, setbacks and signage shall be integrated with the entire design theme of the project. 4. Timing of Development a. The development plan and building elevations for a shopping center shall be reviewed and approved by the Development Review Board and Town Council prior to submitting or simultaneously with 268 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses the approval of a development plan and building elevations for any sexually-oriented business. b. Businesses shall not be open until a minimum of 50% of the net floor area of all other structures within the shopping center have been constructed. 5. Other a. Permitted hours of operation shall be from noon to 10 p.m. Zoning Code/Oro Valley AZ May 2005 269 CHAPTER 27: GENERAL DEVELOPMENT STANDARDS Section 27.6 Landscape, Irrigation,and Buffer Yard Plans f. Planting and selection of landscape materials for use at sexually-oriented businesses shall allow sight lines to remain open and create barriers to minimize places of concealment. The following landscape requirements shall be incorporated: i. Plants that have thorns or needles and a dense structure shall be used as barriers in the following areas: a. Spaces that are largely unobserved and enable a potential hiding place; b. Within a 15-foot radius of gathering places such as sidewalks, pathways, parking lots, open space areas, and pay phones; c. All sides of the building shall have a continuous perimeter of 6 foot high landscape material within a minimum of six feet of the structure, excluding entrance doors, loading zones, and windows; d. The entire area under each window shall be landscaped up to the edge of the window sill. Landscaping may not extend above the window sill. e. Tree canopies shall be maintained to ensure that branches or canopy foliage is not below a height of six feet (6') so to not hinder the site visibility around building, specifically in front of windows, and into the parking lot. f. Shrubs, accents, and groundcovers shall not exceed two feet (2') in height, within parking 332 May 2005 Zoning Code/Oro Valley AZ CHAPTER 27: GENERAL DEVELOPMENT STANDARDS Section 27.6 Landscape, Irrigation,and Buffer Yard Plans areas and landscaped buffer yards. Zoning Code/Oro Valley AZ May 2005 333 CHAPTER 27: GENERAL DEVELOPMENT STANDARDS Section 27.6 Landscape, Irrigation,and Buffer Yard Plans 12. Additional screening requirements for a sexually-oriented business: a. Wrought iron fencing shall be used to enhance surveillance. No solid block walls are permitted, except in the following cases: i. If a business adjoins a site utilized for residential purposes, a continuous solid eight foot (8') high wall shall be utilized along the full length of the common adjoining property line. ii. If the business is located in a stand alone pad, a combination solid and wrought iron eight foot (8') high view fence shall be utilized around the entire perimeter. 340 May 2005 Zoning Code/Oro Valley AZ CHAPTER 31: DEFINITIONS 9. Adjusted Gross Acreage Shall mean the total acreage contained within a development, less acreage in required arterial streets, drainageways, and existing permanent land uses. 10. Adult Bookstore emphasis on matter -depicting, describing or relating to "specified 11. Adult Theater a. An enclosed or t rivin t cater regularly used tape designed to be prof-ected-on a screen for exhibition, or films, glass exhibition by projection on a screen depicting, €es-cribing or relating to "specified sexual activities" or characterized by an emphasis on matter ••••f e _ ••e e „ •3 emiCal 3re-3&! b. An enclosed building or open-air drive-in theater regularly used for presenting any film or pate p ted on a screen for exhibition, or films, glass slides or transparencies, either in negative or positive form, designed for exhilai4ioizi by projection on a screen which regularly 12. AEZ Airport Environs Zone as established by the Compatible Use Zone Map. 13. Agricultural Building Shall mean a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated, or packaged; nor shall it be a place used by the public. 14. Aircraft Shall mean any airborne vehicle capable of carrying at least one (1) person and shall include, but not be limited to, airplanes, helicopters, rotorcraft, gliders, hang- 434 May 2005 Zoning Code/Oro Valley AZ CHAPTER 31: DEFINITIONS 159. Habitat Shall mean the place or type of site where a plant or animal naturally or normally grows and lives. 160. Halo Illumination Illumination produced by recessing a light source inside a hollow character with an open back or within the surface to which they are mounted. An outline glow around the characters is created by this light reflecting off the background to which the characters are attached. 161. Health Studio or Health Spa Shall mean a place or building where exercises and related activities are performed utilizing weight control or muscle building equipment or apparatus. Health studio shall also mean a place or building which provides massage, exercise, and related activities with or without such equipment or apparatus. Health studio or ea-lth spa shall not include massage by one (1) person to 162. Heliport Shall mean an area that is used or intended to be used for the landing and takeoff of helicopters and may include any or all of the areas of buildings which are appropriate to accomplish these functions. 163. High-Rise Building Shall mean a building that exceeds 30 feet in height as defined herein. 164. Hillside Conservation Area Shall mean the area within the Hillside District that is set aside for conservation of permanent natural open space, the conditions of which are identified in Section 24.2.C. Hillside Conservation Area designations may apply toward the natural area requirement of Section 24.2. 165. Hillside District Shall mean an overlay district providing additional regulations for hillside development, the area of which is identified by the Hillside District Map adopted in Section 24.2 of this Code. Additionally, any development outside the area so defined which requires excavation and fill in excess of three (3) feet to establish grade is subject to the requirements of Section 24.2.D. 166. Hillside District Subdivision Shall mean any subdivision or that portion of a subdivision located within the Town's Hillside Zoning District. 454 May 2005 Zoning Code/Oro Valley AZ CHAPTER 31: DEFINITIONS 294. Service Station, Automotive Is considered to be a convenience use and shall mean a retail business engaged primarily in the sale of motor fuels, but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories, and replacement items; washing and lubrication services; automotive maintenance and repair and the supplying of other incidental customer services and products. Major automotive repairs, boats, trailer, trucks, and any other type of sales or service not specifically referred to herein are prohibited. 295. Setback The shortest straight line distance in feet from the nearest property or lot boundary to a main or accessory building, structure, sign or the like located on the same property or lot. 296. Sexually-oriented Business Shall be defined and classified as the following: a. Adult arcades; b. Adult bookstores, adult novelty shops or adult video stores; c. Adult cabarets; d. Adult motels; e. Adult motion picture theaters; f. Adult theaters; g. Adult vending machines; h. Escort agencies; li Nude model studios; and j. Sexual encounter centers Refer to the Oro Valley Town Code Section 8-4-1 for further definition of the above listed classifications. 297. Shared Access Shared ingress/egress points for vehicular circulation purposes. 298. Shopping Center Shall mean a group of stores planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaped areas and pedestrian malls or plazas provided on the property as an integral part of the unit. The unit shall have common points of ingress and egress and occupy a land area no less than nine (9) acres, whether on single or multiple lots or under single or multiple ownership. All structures within a shopping center shall be architecturally integrated with regard to construction materials and colors. 472 May 2005 Zoning Code/Oro Valley AZ CHAPTER 31: DEFINITIONS DI Shall mean a temporary use of a property for a special event, which may, or may not, be in compliance with the standards of the zoning district in which it is to be located. Said uses, which may be public or private, may include, but are not limited to, civic, philanthropic, educational, religious, sporting, and/or social events, fund-raisers, or holiday sales, or any other special temporary use, as may be deemed analogous to these examples by the Planning and Zoning Administrator. 313. Specified Anatomical Areas ------ — ----- --- - --- - ----- -- ------ ----------------- ------------ -------------and opaquely covered. 314. Specified Sexual Activities human masturbation, sexual into•corse, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. 315. Sport Court Shall mean any surface prepared for the purpose of playing sporting activities. Surfaces may include, but are not limited to, concrete, sand, clay, asphalt, and turf. Court sports include tennis, basketball, volleyball, croquet, shuffleboard, bocce, and the like. A lighted sport court shall mean any playing surface illuminated by artificial lights for nighttime play. 316. Stabilization Treatment with mitigation measures in accordance with the erosion or siltation resistance, or the structural strength, of a graded area. 317. Stable, Commercial Shall mean an area of ten (10) or more contiguous acres containing a stable for horses, mules, or ponies that are hired, bred, shown, or boarded on a commercial basis. Commercial stables must meet the conditions of Section 25.1.1. of this Code. 318. Stable, Private Shall mean a detached accessory building for the keeping of horses, mules, or ponies owned by the occupants of the premises and not kept for remuneration, hire, or sale. 319. Stockpile The storage of uncompacted earth material. 320. Story Zoning Code/Oro Valley AZ May 2005 475 -, ... ,11,,A_LE Y Atik> '_:,,,,'1,-',:,,:-. 1 "l''''•::, °ONDFD"01N -AK. r------ , I e6' i i t...,--...,,„.. 0 \-...---------------------1 1-----' 1 t ; 1 i4.......----, i t iI 1,......____.i. 1—__I ,-..., 0 [ ,....--........——.......,.,....„_...... 0 i • :.=1:5-* CC 0 ... ..;5., 7 • • i' ,.,:::,1".. 1- T 1 !ICC (4 4 cc 0 = La z 0 .7J 0 Ow ui IZ z i 0 • ' W MOORE RD . •-,---— -- - • 0 t u, I . ig- D I-- i, o i E c? , z , I' i l IN' r.„EW4-IkS) W TANGERINE RD W NGERINE RD . ) L_ Itt! :) i z i . tle i w NAR AN JA D' 0 NARANJA DR E NARANJA DR 0 41 \ ( ...'N\ ,----ii„ • -," ..„..; i I : - 11 1 yv LAMBERT LN III le - f-- ! I - .• i ! .. ---- i • 0. cc 11 z A0 s......__,..i .4 W LINDA VISTA BL *''' c z W OVERTON'II r.' W CALLE C• 1 i i i i Legend . _ . : . ... 2 5 1 Schools 8 .. i ft, Religious Institutions n 0 — z ._. ,,,.. MikG E E R D -7-E padet hi /"---- FI ,...,..,,,,,,..,,,..„ Parks !NEW M.KW1. it*__ i ,z,_ ,17---- 1, C-2 Zoned<17 acres W MAGEE RD _ 2 ix C-2 Zoned Properties i- < il, 1-.('--, 4,.- (.--..f 111111 Mercado Del Rio < .,? 2 . .... W IN A.D L.., ' A RD . IIIII Oro Valley Market Place IIIIII La Reserve MESteam Pump Ranch N A ,,, 03 07 1.4.4,5 TOWN OF ORO VALLEY )UNCIL COMMUNICATION MEETING DATE: April 19, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Sarah S. More, AICP, Planning and Zoning Administrator SUBJECT: Discussion of the Strategic Implementation of General Plan Policies BACKGROUND: The Mayor and Council scheduled this study session to review and discuss implementation of the General Plan. The Strategic Implementation Plan (attached) was adopted by the Town Council on June 15, 2005. g p The Strategic Implementation Program (SIP) identifies a comprehensive set of actions to implement all of g p the Oro Valley 2020 General Plan Update policies. The life of the General Plan is ten years, as provided in state statute. The SIP as a companion document mirrors that with a recommended timeframe for accomplishment of the actions in the short term (0-2 years), medium term (1-5 years) or long term (4 — 10 years). It was anticipated that the SIP would be formally reviewed at least twice over the next five years, once to review progress and another to look at possible changes. Each SIP action has a responsible department or section. There are twenty different Land Use Actions that lmarily implement im lement the Land Use element of the General Plan. In addition, Planning and Zoning is l esp onsible for four Community Design Actions, five Housing actions, and seventeen Open Space Actions to implement those elements. Additional Planning and Zoning responsibilities in other action areas are p primarily support to su ort ongoing activities to support economic development, community development, and parks and recreation elements. The focus of this communication will be on those action items that are identified as short-term projects. While the SIP identified long, medium, and short-term goals, the Work Plan identifies more specific timeframes for completion of specific projects based on a fiscal year. The Work Plan draws directly from p the SIP to determine the priority projects for accomplishment by Planning and Zoning over the year. Each year a new Work Plan is reviewed and approved by the Planning and Zoning Commission and the Town Council. STRATIGIC IMPLEMENTATION PLAN: The following is a brief list of some of the General Plan goals and related SIP items that are projected for near term work. 1. The General Plan goal to preserve Oro Valley's natural Sonoran desert environment Environmentally Sensitive Lands Ordinance. This project is identified as a short term project in the SIP and is therefore one of the first priority items on the Work Plan. It will include three different elements — Riparian Habitat Overlay District; Viewshed Preservation; and Wildlife Corridors and other Sensitive Lands. I anticipate initiating this project in the next fiscal year, pending filling the staff vacancy and approval of the budget to include consulting services. r TOWN OF ORO VALLEY )UNCIL COMMUNICATION Page 2 2. Recreational Facilities for Subdivisions. This project is identified as a medium term project in the SIP,but has been listed in the current Work Plan. Staff does not anticipate initiating this project this fiscal year. 3. There are several SIP action items related to implementing Open Space policies. The short term projects include developing an Open Space Preservation and Acquisition Plan. This is already in process with the Open Space Bond Funds for the acquisition of Steam Pump Ranch. The Honey Bee Village site will be dedicated to the Town, via Pima County, by the developer. Open space policies in the General Plan that are related to code amendments are related to the Environmentally Sensitive Land ordinance project. 4. Procedures for General Plan amendment, Rezoning, PAD and Conditional Use Permits. The purpose of this project is to determine the proper processes for these applications, to include standard conditions and design standards to address impacts. This project will be initiated this summer in the next fiscal year. 5. Several General Plan policies relate to ongoing Planning and Zoning activities, including design review, analysis of development proposals, submittal requirements, assuring that developments provide for adequate infrastructure, implementing the 1% public art requirement, and more. Staff consistently reviews proposals for requirements with these types of requirements in order to implement General Plan policy. _♦INCLUSION: The community and the Town Council have clearly identified goals and strategies to implement them. The projects identified in the SIP will take years to accomplish. The Planning and Zoning Work Plan is directly based on the SIP. Should the Town Council identify new priorities, they should be incorporated into the Work Plan and the SIP. ATTACHMENTS: 1. Focus 2020,Town of Oro Valley Strategic Implementation Program. t i'LIA,' 1 A-er'-'1'Z' P nning and onin . inistrator ,---- -----7 i ) / r r,, Community Developmen Director 1 ii1,1"Lii L---4 -1--6 c-,:i. 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O CD ,* CD CCv a ,<O O O � N C71: N rd CD co O O cD -13 tn cD --� 6cD 0 = C .�• Q° CC c D cD N ,,. r.-..-.. co 33 `G O O ` `C — (a Cn r ca r --1. -....• �. cn C cn ca cn cD —i 5• CD 5 3 2 m `n 3 m TOWN OF ORO VALLEY �7 COUNCIL COMMUNICATION MEETING DATE: April 19, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: Brent Sinclair, AICP, Community Development Director Sarah S. More, AICP, Planning and Zoning Administrator SUBJECT: ENVIRONMENTALLY SENSITIVE LAND ORDINANCE UPDATE HISTORY: On October 6, 1998, the Planning and Zoning Commission initiated the Environmentally Sensitive Lands (ESL) Project. The Project was organized into phases with Phase I encompassing project definition, a resource inventory, and the development of policies along with a public participation component. Phase II is the development of a zoning code ordinance to implement the policies developed in Phase I. From October 1999 to October 2000 the ESL Public Advisory Committee (PAC)met and public workshops were held. The PAC created a draft a set of policies related to environmentally sensitive lands and most of the mapping and assessment was completed. In late 2000, the project was put on hold due to problems with the contractor and staff shortages (emphasis was shifted to the General Plan update). In January 2002, the Town began to incorporate the policies developed by the ESL PAC into the General Plan Update. In February, the ESL PAC was provided the policies as they had been included in the General Plan and they were invited to participate in the General Plan Focus Group Meetings. In June and July of 2002, members of the PAC met with a facilitator to review and comment on the General Plan elements related to ESLs. They provided recommendations to the General Plan Steering Committee. Thus the following elements of the ESL were completed: 1. All critical resources areas have been mapped except that the visually sensitive area map needs further refinement. Also staff has mapped all dedicated open space areas including easements and recreation areas. 2. A comprehensive set of ESL polices are in the ratified General Plan. 3. Some recommendations have been compiled related to ordinance requirements necessary for protection of environmentally sensitive lands. FUTURE ACTIONS: Policies within the General Plan related to ESLD are also featured in the Stategic Implementation Plan as action items. Some of these have already been added to the newly approved Planning and Zoning Commission Work Plan in four parts: (4A) RIPARIAN HABITAT OVERLAY DISTRICT (4B) VIEWSHED PRESERVATION (4C) WILDLIFE CORRIDORS AND OTHER SENSITNE LANDS and (6)OPEN SPACE PRESERVATION AND ACQUISITION PLAN TOWN OF ORO VALLEY 7OUNCIL COMMUNICATION Page 2 of 2 TIMELINE: The above Work Plan items are proposed to initiate this calendar year beginning with the Riparian Habitat Overlay. The dates described in the work plan are very tentative and will depend on our ability to fill and retain planner positions and/or secure funds for obtaining a consultant. There are no funds in our (FY resent budget p g 2005/06) to accomplish any of these items through consultants. Funds have been proposed in the Planning and Zoning FY 2006/07 Budget. «1 , kt Planning and Zoning Administrator m r Community Development Director 0 - /'' Assistant Town Manager Q__)LL. 4-t, (f Town Manag r* Attachments: 1. General Plan, Section 11 2. Stategic Implementation Plan 3. Planning and Zoning Commission Work Plan Oro Valley General Plan Policy Document Adopted June 75, 2005 11 . OPEN SPACE AND NATURAL RESOURCES CONSERVATION STATEMENT Oro Valley's exceptional environmental resources have shaped the Town's character. The conservation of natural open space, biological resources, visual resources, and natural resources is of significant public interest to the residents of Oro Valley and a high priority among Oro Valley's planning objectives. In particular, the Town values lands with the following characteristics: ■ Provide, or affect, public resources such as aquifer recharge areas ■ Exemplify unique, ecologically sensitive, wildlife and vegetative habitat ■ Define the identity of the community such as cultural/historic resources ■ Shape the scenic quality of life such as viewsheds ■ Create unsuitable and/or hazardous conditions for development due to the slope, soil, or geological, topographical, soil, or similar features. The Open Space and Natural Resources Conservation Element is intended to identify and address the Town's environmental resources in a comprehensive manner. The protection, restoration, and maintenance of environmental resources require an integrated approach. GROWING SMARTER/PLUS REQUIREMENTS The Open Space and Natural Resources Element addresses the State's Growing Smarter/Plus requirements for open space and elements. Following are brief descriptions of the statutory requirements for these elements and an explanation of their implications for Oro Valley. The Growing Smarter/Plus statutes require that municipalities with 10,000 or more residents include an Open Space Element addressing the following items: ■ A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources. (See Background Report.) ■ An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources. (See Background Report.) 93 Open Space and Natural Resources Conservation Policy Document Oro Valley General Plan Adopted June 15, 2005 ■ Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plans. These statutory requirements focus on a variety of descriptive, analytical, and prescriptive issues that are intended to ensure that the Town establishes a framework for protection and preservation of the natural qualities that Oro Valley residents value so much. The first requirement calls for a descriptive inventory of these natural qualities, focusing on large-scale open space areas, particularly those that are set aside for recreational purposes. The second requirement calls for a combination of analytical and prescriptive content that focuses on understanding and responding to the open space needs of the community. As with much of the Growing Smarter/Plus legislation, the intent of this requirement is to ensure that growing communities plan for additional open space. The third requirement in the above list focuses on ensuring that local open space assets are considered in light of their relationship to the.,regional system or network of resources. In addition, this element addresses Growing Smarter/Plus' requirements for a conservation element, which are optional for communities of fewer than 50,000 residents. These requirements are as follows: ■ Addresses the conservation, development and utilization of natural resources, including forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. ■ May also cover: The reclamation of land; flood control; prevention and control of the pollution of streams and other waters; regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan; prevention, control and correction of the erosion of soils, beaches and shores; and protection of watersheds. KEY POLICY ISSUES OPEN SPACE TOOLS The Town needs to develop a wide range of planning tools that can be used to acquire, protect, and enhance those lands, such as environmentally sensitive lands, that help define the community's character. 11kor Open Space and Natural Resources Conservation 94 Oro Valley General Plan Policy Document AdoptedJune15, 2005 FUNDING FOR ACQUISITION OF OPEN SPACE LANDS The Town has no specific funding mechanism for the acquisition and management of natural open space lands. Without timely establishment of such a mechanism, options for establishing a connected system of natural open space will be limited. To achieve the broad goal of preserving sensitive lands, a method of financing to secure particularly valuable lands must be established and utilized to bolster a comprehensive approach. Financing methods include targeted development fees, Town funds, sales taxes, or highly focused bond measures to meet specific ESL goals and objectives. The latter two must be implemented by a vote of the Town's residents. CONNECTIVITY BETWEEN NATURAL OPEN SPACE AREAS AND RECREATIONAL AREAS There is presently not a fully developed interconnected natural open space system within Oro Valley, in part because there are some barriers to the development of such a system (e.g., roads, fencing utilities, culverts, bridges, disturbed vegetation, overall infrastructure). Natural open space needs to be established with consideration given to establishing connections with other open space and recreational areas within the Town and adjacent lands. Creation of new natural open space resources and connectivity with existing areas, both prior to and during the process of development, is critical. Loss, DEGRADATION, AND FRAGMENTATION OF BIOLOGICAL RESOURCES Development in Oro Valley which does not consider the quantity and quality of natural resources can directly affect and result in the loss, degradation, and fragmentation of native habitats, further reducing the ecological value of these areas. This development has resulted in impacts on biological resources such as constraints on wildlife movement, impacts on wildlife from urban lighting, and erosion into riparian corridors. The need for an increased level of management is accentuated by the Town's rapid pace of growth, which has been sustained since the early 1980s. Much of the Town's land has been committed for development. The economic impact of environmentally sensitive land preservation is extremely significant. The beauty of the Town's environmental resources and attractiveness of the resort atmosphere are primary factors for the continued influx of residents, small businesses, and corporations. RESTORATION OF DEGRADED HABITAT Some areas within the Town once contained high value habitats that have subsequently become degraded for a number of different reasons related to human activities within 9 5 Open Space and Natural Resources Conservation Policy Document Oro Valley General Plan 41110 Adopted June 15, 2005 the Town. These areas may provide excellent opportunities for environmental restoration. PLANTS AND ANIMALS Biotic communities require similar protection and enhancement. Inventories of plant and animal communities can be compared with the more desirable development locations. Points of conflict will yield opportunities for the development community and Town government to establish fauna and flora protection strategies and also encourage desirable development schemes. INCREASES IN LIGHT AND GLARE Development will add to the amount of light and glare within the community and result in loss of nighttime sky visibility. Oro Valley cooperates with the International Dark- Skies Association (IDA) which seeks to stop the adverse environmental impact on dark skies by building awareness of the problem of light pollution and of the solutions, and to educate everyone about the value and effectiveness of quality nighttime lighting. VISUAL CHARACTER OF THE COMMUNITY Maintaining and enhancing the existing visual character of the community has been identified as a priority interest. A specific area of concern is development on hilltops, ridges, and slopes, which are highly visible from many areas in the community. Also of concern is identification of important scenic vistas and views and protective techniques such as use restrictions and easements. BUILT ENVIRONMENT As the Town develops, the built environment begins to dominate views. Standards are necessary to ensure that development blends with the natural environment. Lighting and signage standards directed at improving the existing visual environment provide additional means of maintaining and enhancing the Town's image. Standards and density restrictions are needed to keep development from creating undesirable views, often referred to as a "sea of rooftops." SCENIC CORRIDORS Many roadways in the community provide views of scenic vistas, washes, and native vegetation. The open feeling along some of these roadways also adds to the character of the community. Open Space and Natural Resources Conservation 96 Oro Valley General Plan Policy Document Adopted June 15, 2005 (Ikb, AIR QUALITY Good air quality has been recognized by Town residents as an essential component of Oro Valley's quality of life. Air pollution reduces visibility and compromises views of surrounding mountain ranges, as well as increases health risks. Although not totally within the Town's control, air pollution can be reduced through Town initiatives. GOALS AND POLICIES NATURAL OPEN SPACE 11.1 To protect the environmentally sensitive open space areas within the Planning Area. 1 1 .1 .1 The Town shall institute a program for the acquisition, management, and maintenance of public natural open space. This program may include a cost- benefit analysis to determine natural open space acquisition priorities. 11 .1 .2The program in Policy 11 .1 .1 shall identify and provide recommendations to the Town Council for the application of a range of planning and funding tools to acquire, enhance, manage, maintain, or otherwise protect environmentally sensitive lands and other desirable natural open space lands such as those identified as SRA in this plan. 11 .1 .3The Town shall work with authorized representatives of approved Planned Area Developments (PADs) to minimize impacts on environmentally sensitive lands, including amendments of PADs, while allowing for development in accordance with the spirit of existing approvals. 11 .1 .4The Town shall require new development proposals, through the rezoning process, adjacent to or containing riparian areas or wildlife and plant habitat to include provisions to link these systems to other nearby riparian areas, habitats, existing or planned trails, and regional natural open space areas (e.g., Tortolita Mountain Park, Catalina State Park, and Coronado National Forest). 11 .1 .5The Town shall ensure that recreational uses on areas with essential or key habitats are designed to protect these resources. (See also Policy 8.1 .1 .) 11 .1 .6The Town shall include interpretive elements with trails developed within natural environments. These elements should be designed to provide educational information on the environment and the protection of resources in an unobtrusive manner. Ambk 97 Open Space and Natural Resources Conservation Policy Document Oro Valley General Plan Adopted June 15, 2005 11 .1 .7The Town shall prepare, adopt, and periodically update an Natural Open Space Management Plan to determine the appropriate level of use and protection of the environmentally sensitive open space areas within and surrounding the Town. This should include preparation of an inventory of these areas and the natural resources they support. (See also Policies 11 .5.1 , 1 1 .5.2, and 1 1 .5.3.) 11 .1 .8The Town shall use natural open space preservation as one criterion in considering land use rezoning proposals. Developments shall utilize natural open space to comply with requirements for landscaped areas and buffer areas, whenever feasible. 11 .1 .9The Town shall integrate open space planning with ongoing land use planning and community development efforts. 11 .1 .1 0 The Town shall encourage natural open space connection to and the expansion of Tortolita Mountain Park and Catalina State Park. 11 .1 .1 1 Protection techniques, such as clustering, transfer of development rights, and density bonuses, which may increase the number of units in an area shall include standards to ensure that other environmentally sensitive areas and existing neighborhoods are not adversely affected. Where clustering is used to set aside areas as natural open space, the areas shall be dedicated to the Town, County, trust, or appropriate entity that will guarantee preservation in perpetuity. 11 .1 .1 2 To achieve natural open space goals, emphasis needs to be focused upon avoiding pre-annexation agreements with commitments that compromise community values. HABITAT PROTECTION 11.2 To protect native biological habitats and their associated plant and wildlife species throughout the Town of Oro Valley and create/restore habitats where feasible in development design. 11 .2.1 The Town shall ensure that development will provide for coordinated and enhanced protection of key habitat areas. "Key habitat" and "essential habitat" are provided, respectively, in Policy 11 .2.2 and Policy 1 1 .2.3. 11 .2.2 The Town shall define key habitat areas as those that meet the following criteria: • significant saguaro stands; • significant ironwood stands; and, irttsi�.. Open Space and Natural Resources Conservation 98 Oro Valley General Plan Policy Document Adopted June 15, 2005 ■ significant rock outcrops. Note: The term "significant" as it relates to each of these will be defined in ordinance. 1 1 .2.3The Town shall define essential habitat areas as those that meet one of the following criteria: ■ areas occupied by special-status species as defined by the U.S. Fish and Wildlife Service or Arizona Game and Fish; ■ riparian habitat types, defined as low xeroriparian, moderate xeroriparian, high xeroriparian, hydroriparian, mesoriparian (including mesquite bosque and degraded mesquite bosque); and ■ buffer areas around these areas. 1 1 .2.4Within essential habitats, The Town shall permit only the following uses: ■ education and research; ■ fish, wildlife and plant management activities; ■ trails, scenic overlooks, and other passive recreation; ■ necessary water supply projects which can be accomplished with minimal environmental damage; ■ roadway crossings, drainage facilities, and other infrastructure which have been designed to minimize environmental damage; and, ■ environmental restoration/enhancement activities. These uses shall be designed to minimize impacts on environmentally sensitive resources. An exception to this is for lands covered under a habitat conservation plan or similar agreement that has been adopted and approved by the U.S. Fish and Wildlife Service and/or Arizona Game and Fish. Development in these areas can proceed based on the agreement and applicable provisions of the Town's General Plan and zoning ordinance. 11 .2.5The Town shall maintain a current and accurate database of biological resources, including maps that identify the locations of specific habitats (as defined in this element), and lists of special-status species, to mandate environmentally compatible development. Upon annexation of any area to the Town, the Town shall update the database for the annexation area. 11 .2.6 On sites that have reasonably high potential to contain essential or key habitats, or contain or support special-status species, the Town shall require the project applicant to have the site surveyed by a Town-qualified biologist as 99 Open Space and Natural Resources Conservation Policy Document Oro Valley General Plan Adopted June 15, 2005 part ofapplicationprocess. In addition, the Town will maintain a list of qualified biologists experienced in Sonoran Desert ecosystems that can be used to prepare these studies. The results of the survey will be used during the development review and approval process in evaluating the merits of the project. 11 .2.7The Town shall prepare, adopt, and implement an Environmentally Sensitive Lands Ordinance (ESLO) containing standards for protecting sensitive resources andp rovisions for requiring innovative site planning and design practices that would protect sensitive resources. (See also Policy 1 1 .4.3.) 1 1 .2.8The Town shall work as an equal partner with federal, state, and county agencies and the public in the development and implementation of the Sonoran Desert Conservation Plan. 11 .2.9The Town shall require project designs that: • place development in areas not defined as key habitat when possible; ■ p rovide deed restrictions regarding treatment of identified habitats and natural open space on private property; • minimize adverse impacts to these habitats; • provide for connectivity between on- and off-site essential and key habitat areas; and, • are designed to reduce overall habitat impacts. 1 1 .2.10 The Town shall achieve fauna and flora protection through regulatory practices as well as through working partnerships with developers. On-site water detention basins, clustering, land trusts, scenic easements, and similar practices should become part of an ordinance to protect the plants and animals and still achieve land development objectives. 11 .2.1 1 The Town shall protect and enhance contiguous areas of key habitats rather than small, segmented remainder parcels. 11 .2.1 2 For new public or private development projects, The Town shall require a buffer of adequate size to protect the integrity of the essential habitat. Buffer size regulations will be defined in the Town's ESLO (see Policy 1 1 .2.7), which will provide guidance on buffer sizes, based on site characteristics, such as terrain, width of habitat, habitat condition, and so forth. 1 1 .2.13 The Town shall regulate development within buffer areas in the same way as the habitat areas the buffer is protecting. \rno. Open Space and Natural Resources Conservation 100 Oro Valley General Plan Policy Document Adopted June 15, ZOOS 11 .2.14 The Town shall inventory and actively pursue opportunities to restore degraded areas that contain remnants of essential or key habitat areas as defined in this element. 11 .2.1 5 The Town shall continue to maintain a plant palette for use in all landscape plans. This list shall use only drought-tolerant vegetation. The list shall not include any non-native plant types that are considered invasive, allergenic, or nuisance species. Only native plant species shall be allowed in perimeter areas or areas adjacent to natural areas. (See also Policy 1 2.3.2) 1 1 .2.16 The Town shall require the protection of healthy native vegetation within a development. If on-site protection is not feasible, the Town shall encourage transplantation of healthy native vegetation to approved sites within, or as a less preferable option, outside the project limits. 11 .2.1 7 The Town shall continue to prohibit mass grading for all residential developments with lots exceeding 1 5,000 square feet and strongly discourage it throughout the community. (See also Policy 1 .1 .6) 11 .2.1 8 The Town shall restrict the removal of gravel and other natural resources from washes and flood-prone areas for commercial purposes. (See also Policy 12.1 .5) 11 .2.19 The Town shallprovide guidelines for the safe movement of wildlife above and below roadways and through or around other man-made environments. (See also Policy 5.4.2) 1 1 .2.20 The Town shall continue to encourage utilization of the Town's Save-A-Plant program for protection of healthy native vegetation. VISUAL RESOURCES 11.3 To protect and enhance the visual character of the Town. 11 .3.1 View protection is to be an essential aspect of development review and project approval. The Town defines the following roadways as scenic corridors within Oro Valley: ■ Calle Concordia ■ First Avenue ■ La Canada Drive ■ La Cholla Road ■ Lambert Lane 101 Open Space and Natural Resources Conservation Policy Document Oro Valley General Plan Adopted June 15, 2005 • Linda Vista Boulevard • Moore Road • Naranja Drive • Oracle Road • Palisades Road • Rancho Vistoso Boulevard • Shannon Road • Tangerine Road Additional roads may be added to this list during the annexation process. This could include roads that may not be annexed but would border the Town. (See also Policy 5.4.3.) 11 .3.2The Town shall continue to require all new development and improvements to existing development, both public and private, to maintain and/or enhance the character and quality of views from and along scenic corridors and public parks. The following measures will contribute to achieving this objective: • preserve areas of natural open space (especially habitat areas) to provide visual relief; • provide large natural or naturally landscaped areas in rights-of-way 16. along scenic corridors; • create design standards to minimize the impacts of parking lots; • create a Town ordinance that requires vehicle loads to be covered and secured; • work with utility providers to place utilities underground; and, • discourage visually intrusive structures. 11 .3.3The Town shall use existing standards and guidelines, and establish new ones as needed, to ensure that the built environment blends with or enhances the natural environment by: • placing utilities underground • restricting light not needed for safety or identification • restricting signage primarily to identification • creating landscaped breaks in parking lots, subdivisions, and other uses that extend over large areas (See also Policy 2.1 .1 .) 11 .3.4The Town shall protect air quality through: Open Space and Natural Resources Conservation 102 Oro Valley General Plan Policy Document Adopted June 15, 2005 • the enforcement of dust control measures • restrictions to prohibit uses that create air pollution • encouragement of gas versus wood fireplaces • working with PAG to promote rides hare • incentives to encourage the use of renewable resources such as solar and wind power • attracting "green" technologies, such as low emission commercial and industrial development • limits to mass grading, which shall require the approval of the Planning and Zoning Administrator (See also policies under Goal 1 .5.) VISUALLY IMPORTANT AREAS 11.4 To protect visually important areas. (See also Goal 2.1 .) 11 .4.1 The Town shall define and map visually important areas, especially peaks and ridges, and highly visible sloped areas. 11 .4.2The Town shall continue to actively pursue measures to protect and maintain night sky visibility. 11 .4.3The Town shall prepare design guidelines and standards as part of an ESLO (see Policy 1 1 .2.7) to protect scenic resources and direct site and building design in areas identified as visually important. The ESLO may include, but not be limited to, the following. • Placement of roadways • Building materials, colors, and reflectivity • Protection of ridgelines, slopes, and hillsides • Integration of buildings and landscape with site features and vegetation, • Placement of single- and two-story structures • space Open and landscape area requirements pp Standards• for fencing g and berming • Control of light and glare • Limiting the areas that may be graded • Limiting cuts and fills • Treatment of disturbed areas, especially cut and fill slopes 103 Open Space and Natural Resources Conservation Policy Document Oro Valley General Plan Adopted June 15, 2005 PROGRAM DEVELOPMENT 11.5 To develop a holistic natural open space and natural resource conservation program. 11 .5.1 The Town shall establish an advisory committee to provide the Town Council and Planning Commission with annual recommendations and input regarding Town-initiated actions and incentives to protect environmentally sensitive lands in the Town and to monitor and/or recommend modifications to this element. The advisory committee's efforts are to be coordinated with the recommendations of the Natural Open Space Management Plan prepared pursuant to Policy 1 1 .1 .7. 1 1 .5.2The advisory committee described under Policy 11 .5.1 shall establish and annually review an action plan that will identify program components, including but not limited to the following: • Expected revenues to administer the program ■ Areas for acquisition (listed by priority) • Areas for enhancements • Support for land trust activities • A yearly status report including: how much natural open space is in the Town, its health, its protection, and its connectivity; how existing natural open space should be used; and the status of maintenance and management of natural open space 11 .5.3 In selecting lands for inclusion in the action plan described under Policy 11 .5.2, the advisory committee shall utilize the following general guidelines: • Availability of land • Potential development pressures on land • Potential for protection of a sensitive area or corridor • Connectivity to other natural areas • Biological and cultural richness or diversity ■ Economic sustainability of the Town • Consistency with the General Plan 1 1 .5.4The Town shall adopt a set of best available practices to minimize impacts to the Town's open space system. "fit we.a Open Space and Natural Resources Conservation 104 Oro Valley General Plan Policy Document Adopted June 15, 2005 11 .5.5The Town shall continue to inform project applicants about the natural resources in Oro Valley and the practices that are required to protect these resources. 11 .5.6The Town shall establish guidelines for trading natural open spaces that allow those trades that create interconnected, high-quality natural open space. 11 .5.7The Town shall explore establishing a funding source to provide for environmental education. 11 .5.8 The Town shall continuously inform and educate the public about the natural and cultural resources in Oro Valley and the steps that they can take to help protect, enhance, restore, and enjoy these resources. 11 .59 The Town shall support educational programs to promote environmental awareness and natural resource conservation. 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Council Member Abbott stated that she would not support the adoption of these rules for reasons as stated by Vice Mayor Gillaspie and Council Member Parish. Mayor Loomis stated that identifying criteria for appeals has been discussed in the past. The Legal Department has advised that this information was established by the State of Arizona and what was being requested by Vice Mayor Gillaspie was more extensive and would put the Town in an unfavorable position. Town Attorney Melinda Garrahan reiterated that the issue that came up was not necessarily the criteria or grounds for appeal, but who could make an appeal (the "standing issue.") She explained that Court cases have set who has standing and it has to be a particularized interest/concern in the case at hand. She stated that the Legal Department's advice was that the Town should leave the language as "party aggrieved." Vice Mayor Gillaspie stated that there was another issue and that was the criteria that were used to evaluate a decision by the Zoning Administrator. He stated that he had been working with the Town Attorney's Office to develop the criteria. He stated that the citizens' should know what the criteria were that the BOA was going to use to evaluate their appeals. MOTION CARRIED, 4— 3 with Vice Mayor Gillaspie and Council Members Abbott and Parish opposed. E. APPROVAL OF FISCAL YEAR 2005/06 PLANNING AND ZONING COMMISSION WORK PLAN In response to a question from Vice Mayor Gillaspie, Community Development Director Brent Sinclair explained that historically, the Work Plan is approved once a year by the Council and is reviewed mid-year. He stated that he thought that the Council could amend the Work Plan at any time. (Town Attorney Melinda Garrahan agreed that there was no procedural rule that would prevent the Council from making an item a priority as part of a motion for approval for specific items.) MOTION: Vice Mayor Gillaspie moved to approve the 2005/06 Planning and Zoning Commission Work Plan. Council Member Carter seconded the motion. Motion carried, 7 — 0. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 19, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: Brent Sinclair, AICP, Community Development Director Sarah S. More, AICP, Planning and Zoning Administrator SUBJECT: DISCUSSION AND/OR ACTION TO AMMEND FISCAL YEAR 2005-2006 PLANNING AND ZONING WORK PLAN BACKGROUND: The annual Planning and Zoning Work Plan (per the Zoning Code Article 1-402A) coordinates all staff work regarding development review, land use plans, and Zoning Code amendments by listing specific projects, their status, and the recommended priority for completion. Town Council adoption of the plan provides staff with direction and priorities for completing specific work tasks. On July 5, 2005 the Planning and Zoning Commission voted unanimously to recommend approval of the Work Plan with revisions, which have been incorporated into the attachment. ( The Work Plan was forwarded to the Town Council for consideration on August 3, 2005. The Council '�'".` voted to continue the Work Plan to a future date pending a Study Session. On November 9, 2005, the Town Council held a Study Session and directed staff to make the adjustments to the Work Plan. Adjustments were made and on December 21, 2005, the Town Council approved the Work Plan (attached). Aside from the Sexually Oriented Business Ordinance, little has been accomplished on the Work Plan since December. The Planning and Zoning Division lost a great deal of momentum with the loss of two key positions last year. Historically, the lion share of Work Plan effort has centered on the Senior Planner, a position that has been vacant now for eight months. REQUEST: Council Member Gillaspie requested the Council to re-examine the Work Plan in light of recent requests for new projects and the possible need for re-prioritizing existing projects TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 SUGGESTED MOTION: I move to amend the 2005-2006 Planning and Zoning Work Plan with the following changes: 7 \ L, 7 2 ( I r _ ---(a_ 1 - ' ,_ Planning and o:i i l:. Administrator z "/".,7 ' Ccmunity Development Director / C)4 Assistant Town Manager / ),4, ( J Town Mana er Attachments: 1. FY2005-2006 Work Plan 2. 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Town Attorney Melinda Garrahan reiterated that the issue that came up was not necessarily the criteria or grounds for appeal, but who could make an appeal (the "standing issue.") She explained that Court cases have set who has standing and it has to be a particularized interest/concern in the case at hand. She stated that the Legal Department's advice was that the Town should leave the language as "party aggrieved." Vice Mayor Gillaspie stated that there was another issue and that was the criteria that were used to evaluate a decision by the Zoning Administrator. He stated that he had been working with the Town Attorney's Office to develop the criteria. He stated that the citizens' should know what the criteria were that the BOA was going to use to evaluate their appeals. MOTION CARRIED, 4 — 3 with Vice Mayor Gillaspie and Council Members Abbott and Parish opposed. E. APPROVAL OF FISCAL YEAR 2005/06 PLANNING AND ZONING COMMISSION WORK PLAN In response to a question from Vice Mayor Gillaspie, Community Development Director Brent Sinclair explained that historically, the Work Plan is approved once a year by the Council and is reviewed mid-year. He stated that he thought that the Council could amend the Work Plan at any time. (Town Attorney Melinda Garrahan agreed that there was no procedural rule that would prevent the Council from making an item a priority as part of a motion for approval for specific items.) MOTION: Vice Mayor Gillaspie moved to approve the 2005/06 Planning and Zoning Commission Work Plan. Council Member Carter seconded the motion. Motion carried, 7 — 0. M TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: April 19, 2006 TO: HONORABLE MAYOR& TOWN COUNCIL FROM: Bob Kovitz, Governmental and Community Relations Administrator SUBJ: Holiday Parade Committee This item appears on tonight's agenda at the request of Council member Gillaspie and seconded by Vice Mayor Parish. In 2005-06,the following participated as members of the Holiday Parade Committee: Members: • Paula Abbott, Council member • Tori Ferrari, Springboard/Teen Challenge • Jackie Devery, Ironwood Ridge High School band boosters • Doug Stewart, CDO High School band boosters • Diane Gurr (citizen) • Celina Martinez (citizen) Staff support: • Bob Kovitz(facilitator), Town Manager's Office • Ainsley Reeder, Parks and Recreation Administrator • Steve Faaborg, Public Works representative • Officer Amy Graham, Police Department representative • Scott Nelson (administrative support), Town Manager's Office While no formal minutes of each meeting were recorded, the staff kept notes and those notes were typed and distributed to all Committee members after each meeting. The members had the opportunity to submit corrections to the notes, if necessary. Therefore, there is a set of notes and agendas from the 2005 meetings as well as from the two 2006 meetings that have been held to date (attached). In reference to the appointment of committees and commissions, the Oro Valley Town Code reads as follows: Section 2-4-8 Committees and Commissions The council may create such committees and commissions, standing or special, as it deems necessary. They shall consist of as many members and shall perform such duties as the council may require and shall exist at the pleasure of the council. Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: April 19, 2006 The Council is being asked to consider and provide direction for the following issues insofar as a Holiday Parade Committee is concerned: 1. Parade committee makeup and appointments? 2. Term of service? 3. What is the objective of a parade? Should its focus be on a specific holiday period? 4. What shall be the limits of authority (e.g., financial) of the Committee? 5. What level of staff resources should be assigned to assist the Committee? 6. May the Committee direct Town staff to enter into contracts or agreements on behalf of the Town? 7. What should be the life of the Committee? Shall the Committee"sunset"after a specific period of time? ATTACHMENTS: • Holiday Parade Committee Agendas and Meeting Notes-2005-06 • 2005 Media Trade Agreement with Explorer Newspapers j:&---\ • Bob Kovitz, Governor ntal and Community Relations Administr for 4111,/ Chuck Sweet, Town Manager • Notes from Holiday Parade Committee meeting, January 13, 2005 Present: Bob Kovitz, Town Manager's Office Councilmember Paula Abbott Ainsley Reeder, Parks and Recreation Lynanne Dellerman,Parks and Recreation Steve Faaborg, Public Works Sgt. John Teachout, Police Off. Amy Graham, Police Purpose: Council member Abbott outlined some principal reasons to hold a holiday parade: Showcase of local marching bands, opportunity to bring the community together for a fun event, establish tradition, and involve a variety of organizations working together Who: The committee felt that the first year's event should be modest in scope, concentrating on local school and civic organizations. Therefore,the targeted groups would include the high school marching bands, public and private schools, pre-schools, PTO's and other school-affiliated clubs or associations, homeowners or neighborhood groups, antique I 46 cars, decorated golf carts, civic clubs (e.g., Rotary,Kiwanis), and possibly horse-drawn carriages.. It may be necessaryto limit the number of entries in order to focus solely on Orogroups.Valley-based ou s. The committee did not know if the two public high school marching bands already had commitments for December 9, 2005. It was the consensus of the committee not to include commercial interests during this first year. The committee felt that some broad criteria would have to be developed for entries, and that entry forms would be necessary. When: The tree lighting ceremony date is not cast in stone,the same way that the Tucson Marathon is. Therefore, it may be necessary to move the tree lighting from the 2nd Friday following Thanksgiving (Dec. 2)to the following Friday (Dec. 9) in order to tie the parade and the tree lighting ceremony together and to move the date away from the Tucson Marathon weekend when the Police Department will be strapped for personnel. Theg roup agreed that separating the tree lighting from the parade might cause some holiday"burnout" as citizens feel that they have to choose between the two. Therefore, it was the consensus of the committee that the parade should dovetail with the tree lighting I ilk and terminate at Town Hall. tor Where: The committee felt that there was only one level street that could accommodate a p ' grade Narana Drive between Ironwood Ridge High School and Town Hall. This � route wouldrovide a staging area at the high school and a finish area at the Town Hall p campus. There is room along the golf cart path and the multi-use path for citizens to gather to watch the parade. We do not know what the requirements will be from the Amphi School District to use IRHS as a staging area. The use of Naranj a Drive as the parade route will necessitate temporarily controlling access to some neighborhood streets. This will require a significant number of Police personnel. Furthermore, using the Town Hall campus for a finish may cause overflow parkingand circulation issues as more people (the parade participants) are drawn to the 1 campus for the tree lighting than might normally be expected. 1 1 Resources: The Parks and Recreation Division shows all special events as separate line items in its budget. Therefore,the parade costs would be shown here for approval during the budget process. Illir The committee considered the role of volunteers in the planning and conduct of the prAlthough Althou h volunteers will be necessary, there will need to be an employee of the Town serving who will be given authority over the event. Among the volunteers who have already expressed an interest in helping are band booster representatives from the two high schools who spoke at the Council meeting, Tori Ferrari from Springboard, and a Ms. Vanderzander who has indicated a desire to volunteer time to recreation orp arks programs. In addition, the PRAB was suggested as a volunteer coordinating body. Other: The committee expressed an interest in knowing how Tucson organized its holiday parade (Limited number of entries? Criteria for entries? How are decisions made?). ). There was concern about animals, and the need to place these entries at the end of the parade. The committee felt that an update report to the Town Council would be appropriate once some of the initialq uestions had been answered. This update would help with the budget process down the road. NEXT SCHEDULED MEETING: Jan. 27, 10:30 a.m., Kachina Room band booster kir representatives, Tori Ferrari and Ms. Vanderzander to be invited Notes from Holiday Parade Committee meeting, January 27, 2005 Present: Bob Kovitz, Town Manager's Office Council member Paula Abbott Ainsley Reeder, Parks and Recreation Lynanne Dellerman,Parks and Recreation Off. Amy Graham, Police Doug Stewart, CDO Band Boosters Tentative date of parade: Friday, December 9, 2005 After a lengthy discussion regarding the Naranja Drive route,we agreed to consider an alternate route since the Naranja route would limit access to many neighborhoods during the 1-1 1/2 hour length of the parade. While we recognized that the Naranja multi-use path and the cart path were ideal for watching the parade, we also recognized that parking and neighborhood access issues outweighed the convenience of the paths. We examined a route that would go straight south on La Canada, with a staging area either north of Tangerine or south of the Post Office. After discussion, we amended this route so that it begins at Copper Creek Elementary School and proceeds west on Silverleaf Drive to La Canada, where the route will turn south. The parade will continue to Naranja where it will turn east and enter the library driveway (which will be the end of the parade). This route would allow parking around Copper Creek Elementary and would take the parade through a residential neighborhood. We believe that this route will create excitement among the neighborhood residents as the parade moves through Copper Creek toward La Canada. In addition, the right-of-way along La Canada is sufficiently wide and graded to allow spectators. Bob Kovitz and Officer Graham will take a closer look at the route to determine its exact length and to see what access issues might remain among local streets that are normally accessible from Copper Springs Trail and Silverleaf. Other issues: Transportation back to staging area: We believe that all school-based participants (bands, drill teams, etc.)will arrive by busses and can be pickup up by the same busses at the library at the conclusion of the parade. Otherp articipants (e.g., children)will have to return to Copper Creek Elementary using Copper Springs Trail (east of the library), or their parents will have to meet them at the library. Adult participants (e.g., service clubs) will also choose between walking back to � Copper Springs Elementary or arranging alternate transportation. In both cases,the pp • participants may choose to stay at Town Hall for the tree-lighting ceremony that will begin at approximately 5:30 p.m. Participants: Besides the bands and/or drill teams and cheerleaders from CDO, IRHS, Immaculate Heart and Pusch Ridge Christian Academy,the focus of the parade should be on pedestrians and non-motorized vehicles (e.g.,bikes, scooters). The exception will be public vehicles such as OVPD motorcycles, fire engines, street sweeper, etc. We would look to invite the Town Council, service clubs, a color guard,neighborhood associations, scout troops, church choirs, and individual children to participate. They may choose to dress up or decorate their wheeled entries as they wish. Commercial entries will not be allowed this year. Entry form and fees: We agreed that we will require entry forms, but that no fee would be charged the first year. We looked at the City of Tucson Festival of Lights entry form as a model that we could adapt to our needs. Limitation of entries: ‘ispr There was discussion regarding limiting the number of entries, or the number of types of entries. Since community interest is impossible to gauge at this time, we will have to make that decision once the entry forms start to be returned. Legal issues: Bob will ask the Town Attorney's office to review Tucson's Festival of Lights waiver and to determine the Town's liability for the parade participants and whether bike safety equipment will be required. The Town Attorney will also be asked to provide advice regarding equestrian entries. Costs: Since the parade will appear as a line item in the Parks and Recreation 2005-06 budget, Ainsley will work with Off. Graham and Steve Faaborg (Public Works)to determine potential costs for this year. Additional contacts: Council member Abbott said that she would follow up with Ironwood Ridge to get an indication of interest from their band. Bob will contact Immaculate Heart and Pusch Ridge Christian Academy. • • Other issues: Doug asked if the bands could use the parade as an opportunity to raise funds,possibly through the school tax credit. Lynanne said that she could pursue this at the Tree Lighting Ceremony by having a table/booth reserved for the schools to hand out tax credit forms and information about upcoming band activities. Next meeting: Bob will send out an invitation to the next meeting in 2-3 weeks. We would like to get this in front of the Town Council for an informal "go-ahead" before the end of April. 1 1 1 Holiday Parade Committee—Meeting Notes July 25, 2005 Now In attendance: Diane Gurr Celina Martinez Jackie Devery, IRHS Band Boosters Officer Amy Graham, OVPD Sgt. John Teachout, OVPD Steve Faaborg, Oro Valley Public Works Department Scott Nelson, OV Special Projects Coordinator Bob Kovitz, Governmental and Community Relations Administrator 1. We reviewed the approved budget, and it was understood that the net total cost of the parade should not exceed $2,000. (Net= actual costs minus entry fees). 2. The date of the parade will be December 10, 2005, at 10 a.m. 3. The approved route is from IRHS east on Naranja to the Town Hall campus. The parade will enter the Town Hall campus from the Library driveway, east of La Canada. The actual route and layout of the finishing area will be developed by Steve Faaborg, Officer Graham, Sgt. Teachout, and Bob Kovitz. Busses to transport students back to IRHS will enter the Town Hall campus site from La Canada, south of Naranja. 4. The following individual assignments were made: Nitor a. Communications with residents along Naranja(about 250 of whom will have no exit from their neighborhoods during the parade). We will explore the use of the water bills for general communication and also look at other ways to contact these specific affected residents. Scott Nelson. b. Entry form. Bob Kovitz c. Co-sponsorship with Explorer or AZ Daily Star NW. Support from Comcast and/or production of PSA. Jackie Devery. d. Entry fees: o Commercial (limit 20) $75.00 each o Non-profit/community groups--$25.00 each group up to 25 participants; $50.00 over 25 participants o Antique/customized vehicles/golf carts: $25.00 each o School bands, musical and performance groups: No fee o Individual entries (children with pets, decorated bikes, etc.)—No fee but contribution to Food Bank o Company mascots: $25.00 each e. Collection and transportation of donated food to Food Bank. Diane Gurr f. Staging area layout. Jackie Devery, Paula Abbott, Celina Martinez, Diane Gurr. g. Oversight of Finish Area on parade day. OV Parks and Recreation Division. h. Deadlines. Bob Kovitz i. Assignment of parade order,parade marshals. Tori Ferrari. j. Recruitment of classic cars/convertibles. Jackie Devery (IRHS car show). Steve Faaborg. Scott Nelson (La Cholla Airpark). k. Recruitment of commercial entries. Scott Nelson and Tori Ferrari. 1. Recruitment of community/religious/non-profit groups. Diane Gurr and Celina Martinez. m. Electronic message board. Steve Faaborg. 5. We will ask Council member Abbott to see if Amphi School District will be able to transport non-students to and from the parade route. 6. Firetrucks. Jackie Devery. 7. Our next meeting will be on August 22 at 5 p.m. in the Kachina Room at Town Hall. HOLIDAY PARADE COMMITTEE August 22, 2005 AGENDA In attendance: Doug Stewart Celina Martinez Diane Gurr Tori Ferrari Jackie Devery Council Member Paula Abbott Council Member KC Carter Scott Nelson, OVSPC 1. Review Entry form and fees- Tori Ferrari will redesign entry form for presentation to the committee on August 29, 2005. Paula Abbott will ‘Nry research Parade Float, Sponsorship and Awards criteria for the committee to review on August 29, 2005. 2. Date of parade- December 10, 2005 at 10 a.m. 3. Route finalization- IRHS east on Naranja to the Town Hall campus- Scott Nelson will provide a GIS Ortho map at the next meeting. 4. Subcommittees or individual assignments: a. Communications with affected residents along Naranja- (Scott) Water bills for this area are mailed the third week of every month. Door to door information could be handed out to the 248 property owners, and GIS can produce a target mailing list. b. Sign-up sheet—production and placement in media, website- (Bob) c. Co-sponsorship by Explorer, Star NW- (Jackie) - Jackie contacted The Explorer and Melanie Larson wants exclusive rights. Jackie will contact others including Comcast. d. Collection and transportation of donated food to Food Bank- (Diane) Catalina Food Bank will pickup donations, it was suggested that a early date for donations be placed on the entry form to avoid all donations being dropped off on parade day e. Staging area- (Diane, Jackie, Celina & Paula) - Scott to provide map. f. Finish area-(OV Parks and Recreation) - Scott to provide map. g. Deadlines- (Bob)- No Report h. Assignment of parade order-(Tori)- After Entry forms received i. Recruitment of classic cars/convertibles-(Jackie, Steve and • Scott) –Need entry form j. Recruitment of commercial entries-(Tori and Scott)- Need entry form k. Recruitment of community/religious/non-profit entries- (Diane and Celina)- Need entry form 1. Banners and signs- Electronic Message Board- (Steve)- No Report 5. Transportation by Amphi School District (e-mail from Mark Lappitt)—school groups only or spectators? If spectators, parking at Casas Adobes Baptist? - (Paula)-Spoke w/Todd Yeager, Buses must be leased and Drivers must be paid. No cost estimates were discussed; Paula to follow up 6. Police, Public Works concerns-(John and Steve)- No Report 7. Fire trucks- (Jackie)- No Report 8. Next meeting date/time- August 29th @ 5:00 p.m.? HOLIDAY PARADE COMMITTEE Meeting notes—September 19, 2005 a. Design of entry form/brochure (Tori) We reviewed the entry form brochure, made some changes (e.g., including addition of the route, eliminating the "mascot" category, etc.), and recommended that the Town's Legal Department review the Hold Harmless section. The initial print run will be 500. b. Communications with affected residents along Naranja—timing of notice; participation of residents in parade planning Paula said that she would organize a group to deliver letters door- to-door. A draft of the letter was given to Bob for review and placement on Town letterhead. c. Sign-up sheet production and placement in media, website The entry form will appear in downloadable form on the Town's website as soon as it is approved by the Committee. If we partner with the Explorer, we can ask for advertising space to direct participants to the website or Town Hall for entry forms. d. Co-sponsorship by Explorer, Star NW? Advertising? (Jackie) In Jackie's absence, there was no report on media partnerships. e. Staging area (Diane, Jackie, Celina, Paula) Staging area issues will be discussed when we have an idea regarding the number of participants. Tori estimated that we need 20-30 volunteers for the staging area. Bob said that the Police Explorers and the Key Clubs from CDO and IRHS should be able to help. f. Finish area (OV Parks and Recreation) Ainsley Reeder indicated that she could provide up to 8 Town employees to assist in the finish area. She said that it was her understanding that the Library may adjust its hours on Dec. 10 to avoid parking conflicts. Bob will check with Mary Hartz- Musgrave to confirm. g. Deadlines Deadline for entries is November 18. h. Assignment of parade order (Tori) Tori will undertake this responsibility when all of the entry forms have been received. i. Recruitment of classic cars/convertibles (Jackie, Steve, Scott) We have received a note of interest from Retractable Convertible Club. It was reported that Jackie had sent out or was planning to send out a number of letters or e-mails to potential participating organizations. j. Recruitment of commercial entries (Tori, Scott) Tori and Scott will pursue these when entry form is completed. k. Recruitment of community/religious/non-profit entries (Diane, Celina) We have received a note of interest from the Girl Scouts 1. Banners and signs There was no discussion of banners or signs. n. Transportation by Amphi School District or others. (Paula) Paula is still pursuing transportation options with Todd Jaeger of the Amphi School District. Scott has made contact with the El Conquistador Country Club to see if their parking lot can be used for participant pick-up at the end of the parade. o. Fire trucks (Jackie)—No report p. Police, Public Works concerns None were expressed. q. Floats Floats will be limited to 10 feet in width, 26 feet in length and 10 feet in height. Skirting must be at least 8" off the ground. A separate entry form for floats is being developed. r. Additional forms Forms for volunteers and in-kind donations were also suggested. s. The next meeting will be on Monday, October 3, in the Kachina Room at Town Hall. • NOTES Holiday Parade Committee Meeting October 18, 2005 1. It was announced that Amphi School District will provide janitorial support for 3 hours on 12/10 at a cost of$157.68. Amphi was advised that there may be a need for janitors after 11 a.m., depending on the length of the parade and how many participants are still left in the school area. Use of all parking lots for staging was granted. 2. Celina Martinez announced that her volunteers are ready to distribute the neighborhood letters to residents whose streets will be closed off during the parade. Scott Nelson suggested including the 4 homes off of the dirt road north of IRHS. Celina was given 250 copies of the letter to distribute. She indicated that she expected them to be delivered no later than Friday, October 21. 3. Melanie Larson, Explorer Newspapers,made a presentation regarding exclusive print media sponsorship of the parade. The offer was for$4,000+worth of advertising,promotions, mentions on SkyView Traffic, logo creation, inclusion in calendars, and supporting articles. Melanie clarified the meaning of"exclusivity" for the Committee members. After Melanie's departure, the Committee discussed the proposal and there was consensus to accept the Explorer Newspaper offer, with the understanding that two of the ads would be oriented toward potential participants, and two of the ads would be oriented toward potential parade viewers. 4. Bob Kovitz and Jackie Devery announced that Comcast will also be a Partner Sponsor and that a check would be forthcoming. Comcast still needs to complete 411110r and forward a copy of the entry form. Epic Productions will produce a 30-second PSA that will be shown on various cable channels to promote parade attendance. 5. Mark Mills presented the Retractable Convertible Club's offer to provide vehicles for dignitaries. He said that he expected about 6-10 vehicles to be available. He asks that banners be the types that tie on to the cars (as opposed to tape or magnets). The number of people per vehicle and the actual assignments will be made when we know which dignitaries will be attending. The Committee agreed to waive the entry fee for the Retractable Convertible Club as an in-kind donation. 6. Paula Abbott said that she would take responsibility for contacting other elected officials to invite them to participate in the parade. 7. It was reported that Hiremath Family Dentistry was interested in some level of sponsorship. 8. Ben Swarz reported that Casas Adobes Day Spa was interested in a $250 in-kind sponsorship in return for providing him with Santa makeup/hair services. Ben also reported that Sunshine Jeep Tours might also be interested in a sponsorship and in providing support transportation as an in-kind contribution. 9. Tori Ferrari reported that Copper Mountain Assembly and Teen Challenge might be interested in participating in the parade. 10. Scott Nelson reported that there are many antique cars in the La Cholla Airpark. He said he would follow up to find out if car owners are interested in participating. 11. Paula Abbott said that she would follow up with Oro Valley Country Club to %sr determine if they're interested in participating. 12. Bob Kovitz reported that Bank One (Kim Stine) and the Hilton El Conquistador tialkw (Betty Danker--Care Committee) were interested in participating. 13. Bob Kovitz reported that entry forms were sent electronically to all public school music and choir teachers, to all PTO's,to Immaculate Heart and Pusch Ridge Christian Academy,to Boy and Girl Scout offices in Tucson, to the Oro Valley Optimist Club,to Interfaith Community Services, and to homeowner's associations (when e-mail addresses of officers were known). The Kiwanis Club of Sun City Vistoso is planning an entry. 14. Tori Ferrari and Scott Nelson will pursue more commercial entries. They will make plans for a brief presentation at the next Northern Pima County Chamber of Commerce breakfast meeting. 15. Bob Kovitz said that he would ask the Key Club at Ironwood Ridge High School to help out in the staging area. 16. The Library has agreed to hold off opening on December 10 until 12:00 noon. 17. There were no further police or public works issues. Parks and Recreation representatives who are responsible for the finish area will need to plan for parking, busses and circulation through the Town Hall parking lot once the number of entries is known. 18. The next meeting will be on Tuesday,November 1, 2005. Meeting Notes-Holiday Parade Committee-November 2, 2005 1. The Committee reviewed the entries to date: Golder Ranch Fire, Retractable Convertible Club, GOVAC, Cowboy Copies, Barry DiSimone, Hilton El Conquistador, Explorer Newspapers, Kathy Lauer (Mrs. Southwest Galaxy), Canada Hills Village 20 HOA, Comcast, Wealth Management. Representatives from the Hilton were present, and they turned in their Partner Sponsor check ($500). 2. Bob reported that Epic Productions was in the process of shooting a Public Service Announcement (PSA) that Comcast will circulate for broadcast among the cable channels that it carries. Ben Schwartz (Santa) will be featured in the PSA. 3. A copy of the advertisement that is scheduled to appear in the Explorer on November 2 and November 9 was circulated. The deadline for the ad had passed (October 31), and Bob had caught it in time to have the route and the Town's website added to the layout. A different ad inviting citizens to view the parade will be produced for the November 30 and December 7 editions of the Explorer. 4. It was reported that Celina Martinez and her volunteers managed to deliver the notification letters to every residence on all of the streets that will be closed off during the parade, including the homes on the dirt road that runs north from Ironwood Ridge High School. Bob reported that he had received two neighborhood phone calls—one supporting the parade and one opposing it. We discussed the need for further notification closer to the parade date. There will be message boards that will be placed along Naranja prior to the parade, but we discussed either delivering or mailing another notice (postcard?). The decision will have to be made at the next meeting. 5. Scott Nelson and Tori Ferrari reported on their outreach efforts to the business community. Tori spoke at the Northern Pima County Chamber breakfast, and Scott said he would follow up with the Chamber to see if the organization itself would like to enter the parade. The Wealth Management sponsorship entry was the result of the Chamber breakfast meeting. 6. We considered the request from Canada Hills Village 20 HOA to enter a decorated flat-bed trailer featuring mothers and children dressed in holiday clothing. The issue before the Committee was whether or not this entry constituted a float since, by our own rules, .�,. floats are limited to commercial sponsors at the "Partner Sponsor" level ($500) only. It was the consensus of the Committee that the Canada Hills Village 20 HOA entry would be, in fact, a float and that such an entry would be disallowed. There were two primary reasons: a) Deviation from our own rules would open the door to other entries asking for exceptions, and b) the sponsors had paid a considerable sum of money to be able to enter a float in the parade. Therefore, Bob said that he would contact the HOA representative to suggest alternative ideas for an entry (e.g., children and moms in the back of pickup trucks, or a walking entry, etc.). 7. Although she was unable to attend the meeting, Diane Gun reported by telephone that she was still delivering fliers to local organizations, including the Elks, Lions, Salvation Army, military units, scouts, and neighborhood groups. We could not account for the fact that we had received no entries yet from school bands. Scott Nelson said he would contact the Immaculate Heart schools, and Tori Ferrari offered to re-contact Pusch Ridge Christian Academy, even though their band is quite small and is not a "marching" band. 8. We discussed the issues of banners since we have guaranteed our sponsors that their names would be featured on banners. Tori Ferrari said that her young ladies at Springboard could be enlisted to carry these banners. It was suggested that there be a general banner announcing the parade, followed by a banner with the logos of our Partner Sponsors ($500), and followed by a banner with the names of the Valued Sponsors ($250). We would also have to create a Partner Sponsor banner for the end of the parade, as indicated in the parade brochure. Tori Ferrari pointed out that vinyl banners can be re-used and that the lettering can be removed. FastSigns was recommended as the best provider of vinyl banners. 9. The Catalina Food Bank donation box will reside in the lobby of the Administration Building at Town Hall. Since there was only one individual entry so far, there was only one can of donated food. 1 O.In the event of rain, the parade will be held. By the day before the parade, we should be able to advise participants if they need to wear ponchos or some other rain gear. 11.Ainsley Reeder and Officer Amy Graham will meet to sketch out the ending area of the parade around the Library parking area. We are looking for a drawing to share at the next meeting. 12.For the purposes of the Retractable Convertible Club, we need to learn which elected Town officials will be in the parade. Council member .,,� K.C. Carter pointed out that the Council had also received invitations • • to attend the C-Path Institute's ribbon cutting ceremony at St. Philip's Plaza at 10 a.m. on December 10. Bob said he would ask the Council members what their plans were. 13.The next meeting will be held on Tuesday, November 22, at 5 p.m. in the Kachina Room at Town Hall. Notes 2005 Holiday Parade Committee—Follow-up Meeting—Jan. 3,2006 • It was generally agreed that the parade was a success. Each of the committee members reported hearing many positive remarks from spectators and participants. Council member Abbott will pursue a survey that may include participants and nearby neighborhood residents. Bob will survey entry forms to learn how participants heard about parade. Entry forms must include complete street address (for mailing and verification purposes), and participants should be reminded to sign both sides of the form. No entries came in using the Explorer ad. • a conflict between the float rules and the entryforms regarding There was g g allowability of floats. There were reports of participants throwing candy to the spectators. The entry form should have the Town logo on it. We should encourage more music from the entries. If there is to be a reviewing stand or designated area, we will need a PA system and more information for an announcer to share with the spectators about each of the organizations. • A separate person or sub-group should be responsible for ensuring compliance p with the float rules. • The ads that were run in the Explorer were difficult to find and did not always contain all the necessary information. The Committee members questioned the value of the sponsor trade with the Explorer. The accompanying article in the Explorer misspelled Jackie Devery's name and used a 3-year old picture of band members. PSA's on Comcast and Skyview Traffic were well received, as were articles in the NW section of the Star and Caliente. • The communication with the surrounding neighborhoods (one hand-distributed flier and one mailed postcard) was sufficient. Only one negative phone call was received at Town Hall prior to parade. Three-four phone calls to Police on parade day regarding the closure of La Canada. We will explore moving the electronic message boards to more locations and for a greater duration. Need Type-3 barricade at Shannon and Lambert. • The busses transported less than 100 spectators. The bus service was not well advertised since arrangements were last-minute. May only need two busses in future. • The paper 4x4 signs on the sandwich boards were difficult to read. A sign is needed at Shannon and Lambert regarding the road closure (except to participants and/or spectators). We need a designated person to direct people to the proper staging or parking area. The maps of the staging areas need to be distributed sooner so that everyone in each of the groups can learn where to report. The restrooms should also be shown on the maps. • We should consider an entry fee OR a donation of canned food. We need the Catalina Food Bank to pick up donations on parade day. We may explore collection sites for food donations along the parade route. • Cell phones were adequate for communications between staging area coordinators and route director on parade day. Megaphones were helpful for each staging area coordinator. • • The -p ortaotties were not all used, mainly because those spectators in the center p of theP arade route came from adjoining neighborhoods and easy access to their own homes. Consider porta-potties onsidotties onlY at beginning and ending of parade route. • Chalkingthe out reporting spaces in the staging areas was helpful for the participants.ants. Consider changing the reporting times so, at least,the last group can report 15-30 minutes later than the others. The 9:15 move-out time allowed sufficient time for the entries to get out on to Naranja and to line up before the 10 a.m. start. • There were not enough police officers,particularly at the corner of La Canada and g Naranja. Also need police presence at Lambert/Shannon. Police volunteers worked at the intersections with Naranja in the middle of the parade route. • The commercial entry fees could easily be raised above the $75 starting point. Suggestion was $100 for simple business entry and $250, 500 and 1000 for gg various levels of sponsorship. Judging and awards for best float and/or entries should be considered. • It would be helpful to have coffee in the staging area and/or to allow community groups to raise funds by selling refreshments to participants. • Custodial at IRHS needs to place trash cans in staging areas. • Use the Library parea for"de-rigging"the entries at the end of the parade, but require them to move out of the area quickly. Library parking needs to be blocked off the night before the parade (since some participants apparently parked g their cars there). The bus/trailer parking in front of the Police Dept. was helpful, although there were only a few such vehicles. • Better coordination with Farmer's Market. They may want to attend planning sessions nextY ear and they may wish to schedule an after-event at the market (e.g., visits with Santa). • Explore a commercial photographer who could sell photos on-line after the parade. • Military color-guard units need many months of advance notice. wr AGENDA HOLIDAY PARADE COMMITTEE January 25, 2006 A. Proposed date for 2006 Holiday Parade B. Possible Sponsorships or Co-Sponsorships for 2006 MEMORANDUM TO: HOLIDAY PARADE COMMITTEE FROM: BOB KOVITZ, GOVERNMENTAL AND COMMUNITY RELATIONS ADMINISTRATOR DATE: March 2,2006 RE: DIRECTION FROM TOWN COUNCIL RE. 2006 PARADE DATE On Wednesday, March 1,the Town Council considered the report from the Holiday Parade Committee. The report contained two recommendations that arose from our January 25, 2006 meeting: (a) That the 2006 Holiday Parade be staged on Saturday, December 9 (b) That the volunteer committee assume more of the planning and organizing responsibilities for the parade while the Town maintained operational and financial control The Town Council approved (b.), above, but referred the date of the parade back to the 11111111, Committee. In addition,they added a clause that allows the parade to carry over any excess revenue to future years. We need to meet again to choose a date other than December 9. Since it appears that the Tucson Marathon will be held on December 10 (regardless of where the finish line is), we will be looking for another weekend that will not burden Town staff(particularly Police). I would recommend that the Committee give strong consideration to Saturday, December 16. This year,the Amphitheater School District's calendar shows that classes are in session through December 21. Therefore, we would not risk losing participants who might be on vacation. Although it is relatively late in the holiday season, it appears that the December 16 date does not interfere with any significant events in our general geographic area. If you are aware of any local conflicts on December 16,please let me know. Likewise, if you have ideas regarding a November date or a non-Saturday date, we can discuss those, too. 03/14/2.006 TUE 10:16 FAX //��r `I I' 'I( /y ry m_ iz 001/001 UV` 1 Y� YV:edpr t-ro��l IUYIN OF UKU VALLEY 5za19To4Ze •• ww r ' i -. - I II!' r'"--- S4 0111 ••. =..•.., ...i.....„...._.4.-..:y•Jy!.,: ,-1_`.,-..,., f..-:-:-.i-•.-.-_.,;, 4 if a am. ,1. 1.. a.:;i •A •1 I:. ` ,• .ii _„,,, .. i.- •Ilii •'1./ ♦ / • (• [. ti, «fit _ �,.,_•1.,,• ,11____E__.,.. . _P _ ,....F1 MEDIA Trade An t Date: 10-18..05 Ate: Oro Valley Holiday Parade Co • mrnrttee 13y;Melanie Larson EXPLORER Newspa 7235 N.P �ts Paseo del None Tucson,AZ 85744 Product/Service Trade Agreement: Advertising in exchange for exclusiverimedia at Sponsorslup of pro Valley's Holiday y i�day Facade Oro va]Iey Holiday Parade Committee will - E��'O� Newspapers provide: will -Exclusive print - provide: 11 � .\ media sponsorship ofThreel� P -event (3) 1/4-pgc acts with spat co - to run 1FQ color EXPLOR:El�logo on all1% 1/30, and 12/7($1965 PR for the event value) two parade entries -nvo Skyview traffic promos to run weekP -Recognition as media s of Dec, 5($400 value) sponsor on beginning and ending -Design and creation of logo, if i banners necessary ' ($15Q0 value) -Design and creation of ad if ($100 value) � necessary --Inclusion of event in ourholiday Qi�aay calendar(no charge) -Article to run on Dec. 7 about the event (no charge) To K l oval r: ' 9 Total val : $396 (rnthjmurn$236460 value l! 0 eh i AAlliiatai.r,ek p representative Auth "' a Em."Ir oR.ER 7cn13s sued cUndltlarlt:Media Sponsorship Sponao jp acid/car Media Tradr advcnlgitlg ueliedwie subject to av*ilnb.. agrees to provide a"make C�ct"Ad to run on the aext availxl�le�l:►te Ior• rlltY� D�Pi.ORPR Ntw�s�7�porp rcjcrT any sldvoriiser►1cAr. LX j�N .any scl�cctulc icirarruptions I'ubl,�l►ci reserves the ri bt�a number of paves -need dueY'I O Newspapers shell not be liable for interruprions in ub i - P� to shorTure of newsprint,slrik fire,sabotageP Meson o�for limitations o('sizc and/or Indemnification: The udvtrGi3er sod/or advertisingorotherCr Agency n es to defend and indemnify to publisher a hum or oKpeAtc4 wiring from claims of libel.unfair�t11(}etitlen,un(�ir• against any and�Il lii�bil� 1u or paw lei or <o��e fele practices infringement �e proprietary IarY riglria or violation otrl Ills for �c of nadc�erth e-copyrights,fivearat. Publisher's liabilityfor error; � privacy resultl�C from circ imbrication of the advcrtihcts sdve tho p4hlishcrShall nor br liable for slight changes or lypag� hica) rTlsomcnC. an odvctrisenne�c, The publisher's liability for Quiet error3 or omissions in connections with �DtS that do�o��`�cscn the value of discretion of the publisher. n� `[�Cns with advettisemcit�is evaluated at the sok The peon sll:rlirig this conrr;►et no � 4. Pt 1ltillY ituaranteine,r`vmt encs Oita ucknowledgcs mar he/►nc ii the this eonitrel and IS a duly authorized eE4ni and represcn�r;vc of clic 1< po�on whose name up �cn on contriiGr,IuJI id all events�personally liable hcrcui�Acr of hit contra or. Tito � � parry of this convict. FurtliCrlrrurc,the person There arc uo other pruvikioris,Fidler real or implied. cacirc s►�Qp�,of this agreement cQ �i ��the herein_