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HomeMy WebLinkAboutPackets - Council Packets (1074) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION AUGUST 3, 2005 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 PM Pursuant to ARS 38-431.03(A)(3) and (A)(7), Council may vote to go into Executive Session for the purpose of consultation for legal advice with the Town Attorney and for consultation with those representatives regarding negotiations for the possible acquisition of a portion of the real property known as Steam Pump Ranch (Northwest side of Oracle Road, at Hanley Boulevard, Oro Valley) RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. 1 . CONSENT AGENDA (Consideration and/or possible action) August 3, 2005 Agenda, Council Regular Session 2 A. Minutes — 07/06/05 & 07/13/05 B. Resolution No. (R)05-51 Accept proposal and award of contract to Kimley-Horn and Associates, Inc. in the amount of $55,000 for professional engineering services to update the Oro Valley Town Wide Drainage Study Master Plan and Hydrologic Model Expansion, Project No. OV 30 04/05 25 C. Resolution No. (R)05-52 Approving Transportation Enhancement Grant Application and matching funds for Improvement of portions of the Honey Bee Village Archaeological Preserve D. Resolution No. (R)05-53 Declaring proposed revisions to the Oro Valley Zoning Code Revised that include Chapter 23, Zoning Districts, Section 23.8, Property Development Standards for non-residential Districts; Chapter 25, Use Regulations, Section 25.1 Requirements for Specific Uses; and portions of Chapter 22, Review and Approval Procedures; Chapter 24, Supplementary District Regulations; Chapter 26, Subdivision and Development Plans; Chapter 31, Definitions, as a public record E. Resolution No. (R)05-54 Approving the Board of Adjustment Rules and Operating Procedures F. Approval of Fiscal Year 2005-2006 Planning and Zoning Work Plan G. Resolution No. (R)05-55 Authorizing and approving an Intergovernmental Agreement between the Pima County Health Department and the Town of Oro Valley for the receipt by the Oro Valley Citizens Corps Council of an Emergency Management Assistance Grant 2. PRESENTATION OF PLAQUES TO OUTGOING BOARD AND COMMISSION MEMBERS 3. PUBLIC HEARING — ORDINANCE NO. (0)05-31 ADOPTING A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE FACILITY ON LOT 12 OF MERCADO DEL RIO COMMERCIAL SUBDIVISION, LOCATED ON THE NORTH SIDE OF PUSCH VIEW LANE AND WEST OF ORACLE ROAD, PARCEL NO. 224-28-2640 4. OV12-05-13 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR AN AUTOMOTIVE SERVICE FACILITY ON LOT 12 OF MERCADO DEL RIO COMMERCIAL SUBDIVISION, LOCATED ON THE NORTH SIDE OF PUSCH VIEW LANE AND WEST OF ORACLE ROAD PARCEL NO. 224-28-2640 5. ORDINANCE NQ. (0)05-32 AN ORDINANCE TO EXEMPT STEAM PUMP VILLAGE FROM ALL OF THE STEAM PUMP RANCH PAD SIGN REQUIREMENTS AND TO BE REGULATED UNDER THE ORO VALLEY ZONING CODE REVISED, CHAPTER 28, SIGNS August 3, 2005 Agenda, Council Regular Session 3 6. OV3-05-04 REQUEST FOR APPROVAL OF A MASTER SIGN PROGRAM FOR STEAM PUMP VILLAGE, LOCATED ON THE WEST SIDE OF ORACLE ROAD, IN PROXIMITY TO THE HANLEY BOULEVARD INTERSECTION, PARCEL #220-08-001P 7. RESOLUTION NO. (R)05-56 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL THAT IN THEIR OPINION A CONDOMINIUM HOTEL IS AN APPROPRIATE USE AT THE NORTHWEST CORNER OF VISTOSO HIGHLANDS DRIVE AND RANCHO VISTOSO BLVD, THIS PROPERTY IS ZONED C-1 IN THE RANCHO VISTOSO PAD (PARCEL #219-20-004M) 8. CONSIDERATION AND POSSIBLE ACTION RELATING TO A PROPOSED LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS: a. CHILD RESTRAINT SYSTEM b. SEAT BELT (PRIMARY ENFORCEMENT) c. HEALTH CARE REFORM 9. CONSIDERATION AND POSSIBLE ACTION REGARDING THE 2005 ANNUAL TOWN COUNCIL RETREAT 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 what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 07/22/04 4:00 p.m. lh 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. August 3, 2005 Agenda, Council Regular Session 4 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 229-4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. 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. MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION JULY 6, 2005 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER 5:35 PM ROLL CALL PRESENT: Paul Loomis, Mayor Conny Culver, Council Member r=,y ';; Helen Dankwerth, Council Memb-.`>,y,5 ', f�'•: c.F ), Terry Parish Council Member ,ov EXCUSED: Barry Gillaspie, Vice Ma,.•`; Paula Abbott, Council•k5 -ber• g <` K.C. Carter, Counc• :-Yrs:' Jembe *AIWit EXECUTIVE SESSION AT OR AFTER 5:30 Pt .<�. '.,.•yam' MOTION: A MOTION was made by '(4Y'> �r ber 'i ?;I:' and SECONDED by w:.:r;`!,-'�, .Ali:.,::u v.... Council Member Culver to go into Execti :;•`, 5 p.m. for the following { purpose: r,:„i,v/ o Pursuant to ARS-431 ;-y ) and : _ f-7), consultation with Town Attorney for •, n • legal advice, and did-:_: to..:w.:.:Fth anc " r ruction to Town Attorney concerning litigation and � le sett of: �" g p4 �..:� lent 'I�� n of Oro Valley v. Monterey Homes viirtto Constructionet. :r = 4,:;1 n-$ ::i:.error Court No. C2004-6184) (Town facilities site conder ` on); and discussion/consultation with staff pursuant to ARS 3•:,,;.:; <::: (7) t'A ' ,ding negotiations for the purchase of the subject real pro. ;;:utf "AM Mayor Loom14,impuncediL, t in addition to the Town Council, the Town Manager, the "MATown Clerk an fx' .r °o -.,; tomey, Mark Reader, Financial Advisor from Stone and Youngberg and Keitsiskins, Bond Counsel from Gust, Rosenfeld would also be • • present in Executive session. MOTION CARRIED, 4 -0. MOTION: A MOTION was made by Council Member Culver and SECONDED by Council Member Dankwerth to go out of Executive Session at 6:10 p.m. Motion carried, 4-0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:00 PM 07/06/05 Minutes,Council Regular Session 2 ROLL CALL PRESENT: Paul Loomis, Mayor Paula Abbott, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member Terry Parish, Council Member EXCUSED: Barry Gillaspie, Vice Mayor K.C. Carter, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiances `` UPCOMING MEETING ANNOUNCEMENTS A� ; {G/ / !z;` Yf %• fr: Town Manager Chuck Sweet reviewed the u comin�,;;� . -tangs and eve g p l� ' T reports COUNCIL REPOR S -No DEPARTMENT REPORTS -No repo ,, 25. f.• ./,rN I/.ryr,ff �F�:YJ�Sf•.� f/ TOWN MANAGER'S REPORT-Nor •:.,�.,.air, ur`r3,/i'/� CALL TO AUDIENCE—N y 'y" rs. 1. CONSENT A �A ,'. � 1`�/ af`z �,r/%,f Ate• .r F. ots,'. • Dankwerthand SECONDED by MOTION: AMO �N *olcie by Council Member� :•.' ?••y ".. Council Memb.`� / �+"�• ,.:•. �•.the Consent Agenda as presented. Motion carried, f�. �. ::f.Y�.f�,:..��,,�,.+.:. app`. ..,�: '`' /�' 'F/;J.'��� f: FS.Ffy>Yffy�f�Gi':/.. 5 -00,7/fM, f A. ry-: tes—06/0' •06/06/05.06/08/05 B. Pc ' eport : ` y 2005 Orr,-4• C. Buil' ' ctivity Report—May 2005 D. Resolu ` `:;�; i. (R)05-37 Adopting the renewal of an Intergovernmental Agreemer yetween the Town of Oro Valley and Pima County for payment of costs of incarceration of municipal prisoners in the Pima County Jail E. Resolution No. (R)05-38 Adopting the Intergovernmental Agreement between Arizona Division of Emergency Management, and the Town of Oro Valley Department De artment to participate in the Federal Department of Homeland Security Office of Domestic Preparedness 2004 Homeland Security Grant Program F. Resolution No. (R)05-39 Authorizing and Approving the renewal of an Intergovernmental Agreement between the City of Tucson and the Town of g � Oro Valley for Library Services (Operation and maintenance of the Oro Valley Public Library) 07/06/05 Minutes,Council Regular Session 3 G. Resolution No. (R)05-40 Amending that document known as the "Rules and Operating Procedures, Oro Valley Budget and Bond Committee" and making such document a public record (change the Committee name to "Finance and Bond Committee" and increase their regular meetings from a quarterly basis to a monthly basis) H. Approval of Application for inclusion to the Water Utility Service Area submitted by Javier Acevedo (property located at 9797 N. St. Patrick, Pima County Parcel 21630021A) I. Award of bid for local sales tax auditing services not to exceed $50,000 to Albert Holler& Associates J. Granting the Town Manager authority to submit a funding proposal to the Tohono O'odham Nation for the Honey Bee Village Pr-,,:V e Concept Plan, and/or the Development of a Town Historic Preserv.r„ lan /y:%.Kii3 f. re5,/incr-,,,,, : :: 2. TOWN OF ORO VALLEY V. MONTEREY HOWS'' `$�•:. haSTRUCTION,• vii. IirE,ET.AL. PIMA COUNTY SUPERIOR COURT NO;". 004-618 'WN FACILITIES SITE CONDEMNATION): DISCI; !I N AND PO ''i:-f, E ACTION No , �.TO APPROVE SETTLEMENT OF THE PEN C 4,w'F AT A N OTIATED :i'i'�fv F H"syr/.i,i>.: + 3./" 1.r y'. PURCHASE PRICE OF $4,725,000, TOGETI- :..:.: f STATUTORY INTEREST AND ASSOCIATED CHARGES (A ` y AMOUNTS TO BE DETERMINED LATER); AND DIRECTION TO 'KE, TO PURSUE FINAL 47,4wSETTLEMENT OF THE LITIGATI :�-1�M;,�:'.'•`A'A: ,:' ,ELL A"�yy.TgS3fb/ARIOUS FUNDING i,�/i�/.c�, ,. .fry,•y..>y�fs�.,:r.. ," OPTIONS (INCLUDING PUBLIC FI ':,r,, 'f'yT 1yy " , POSSIBLE FUTURE ACTION BY COUNCIL. / ' 4,4f' Town Attorney MelindaGarrahan'Y#prted t "ffi '``� tentative settlement price has been /�' ��'ff G�'+i Fff F• reached for the condemn : n set ,::•;"';'`";est, of th, °` onterey/Meritage Homes site located in ..��y// d dr �,,',•;/ �•F/••/{�F sK/yYF rr r.. .�i,Y. �:zd'/'.�f'rJ I•" i� yr^'W �4 `v �n. i Rancho Vistoso for the" ` -»Y'i`:f: 'r '��m . f#54*he Town has already paid $3,800,000 to the Court for the ri i.,.:.:to to"-",s'$, ediate possession of the property. Therefore, based on d�/rFihent �N�Y�Y:rY��• ''/O-4- the rr y r rAF the tentative ser i; fipaour mks,.Town would owe the remaining $925,000 plus '' r !/ri.+y J..••� , �,�YY�r�yy F�id7}... 'ydr,yi� . 7f'."/'j�l'. /yf/•�, fF` , • :/.!/K•..r.:r %.. rfiy'/Jri�.',,, u ��. Ms. Garrahan stated that the Town's Bond mandated st..•��rr;::�• inter` � nd c��� Counsel h ' a mmende ' ung public financing for funding. tr...dL,i G r.� r� v�r MOTION: Co Y t 4. t ger Parish MOVED to DIRECT the Town Attorney and the Town Manager to 0 : d „ incl settlement of the Town Facilities Condemnation at a purchase price of$4,75,000 together with statutorily mandated interest and associated costs with further direction to pursue various finding options to include public financing. Council Member Dankwerth SECONDED the motion. Motion carried, 5 —0. DISCUSSION: Council Member Parish stated that this action is in response to previous litigation and to the lack of space at the Town's facilities site located on Calle Concordia. He thanked the Council and Town staff for their help in putting together a package that made sense for the community and for the Town as a whole. He stated that this site will give the Town room to grow and will be something the Town can be proud of. MOTION CARRIED, 5 —0. 07/06/05 Minutes, Council Regular Session 4 3. RECOGNITION OF ORO VALLEY HISTORICAL SOCIETY AND PRESENTATION OF $1,000 FROM THE ORO VALLEY ENDOWMENT FUND Dick Eggerding, President of the Oro Valley Endowment Fund, presented a $1,000 check to Jim Kriegh and Pat Sporel,members of the Oro Valley Historical Society. Jim Kriegh thanked the Oro Valley Endowment Fund for their donation. He stated that the Historical Society was formed as a non-profit 501 C-3 organization to help the Town and the Town's Historic Commission achieve some of their goals. 4. PRESENTATION OF PLAQUES OF APPRECIATION TO OUTGOING ,y BOARD/COMMISSION MEMBERS f.•: rr Mayor Loomis presented Plaques of Appreciation to the foll4, ' ,pard and i sion members in recognition of their service to thevwy, ' n ; '.. Comms g X 4, I�. Honey Pivirotto, Matt Adamson, Bill Adler, Ralph Ste",,,, ary Glue. - ,1. Kunisch, Clark Redden (not present), Don Cox, and Ray Mon , z? q /, /AV' ,4„ ,/,'41:1 ,,,,4-2 5• APPOINTMENT OF THREE (3) MEM r:t}:, `F 'THE WATER UTILITY WITH TERMS EFFECTIVE J :" 2005—JUNE 30, 2008; AND COMMISSION y r�Y APPOINTMENT OF ONE (1) MEMB: ILLIN '''-,:P',;„':; NCY FOR AT-LARGE #2,WITH TERM EFFECTIVE JUL •�. - .. Fsisi ..�,.UN .7:, .:•?,. y.' � ��•, �:�2007, AND REVISING • � �"UWE CAPORASO THE REMAINING POSITIONS AS LOW Y : (RESIDENTIAL #1); STEVE RIVERA ; ..fr, :S E :,:.yAL #2) AND GREGG FORSZT COMMERCIAL; f4 VOit ` ` ,,,,, ';$4,1 ,",,..#, .. mak q , p,,yrr,r MOTION: Mayor Lo: MOy taAP' T Mr. Drue Hardy (Turf), Ms. Kelle Maslyn (Countryside) ars .r L Pr; At-large#1) to three-year terms on the Water UtilityComsw ion° ;y y `{�ve July 1, 2005 through June 30, 2008 and to appoint ��r. ,�, g �'' he fill the vacancywith a term ending June 30, 2007 Mr. Harold Va.� � �� e '���:;:; �y t 'eA arising positions as Mr. Mike Caporaso (Residential H e further �.if,i4,4"��� to re��. ��, e rem #1, Mr. Stv'` (Res'r y tial #2) and Mr. Gregg Forszt (Commercial ) Council �• vera Member Pari y , 0:'hhe OND motion. Motion carried, 5 —0. ��rr �:rf rj'. 6• PUBLIC rA"" 1G—ANNEXATION ORDINANCE NO• (0)05-30 AN ORDINANCE EXTIDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA— (970 ACRES, ANNEXATION AREA J OTHERWISE KNOWN AS LA CHOLLA AIRPARK) J Special Projects Coordinator Scott Nelson reported that the annexation of the La Cholla p Airpark (Annexation Area J) was initiated at the request of the property owners. He explained that the annexation request was processed as outlined in the Town's 07/06/05 Minutes, Council Regular Session 5 Annexation Policy and per the requirements of Arizona State Law. He also stated that the land is in conformance with the Town's General Plan. Mr. Nelson reported that the required signatures for the annexation were received, representing 69% of the property owners and 65% of the assessed value. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Dankwerth MOVED to ADOPT Annexation Ordinance (0)05-30 extending and increasing the corporate limits of the Town of Oro Valley. Council Member Culver SECONDED the motion. Motion carried, 5 — 0. 7. HONEY BEE VILLAGE ARCHAEOLOGICAL PR VE: PRESENTATION OF CONCEPTUAL PLANjit Wtk, <r; !: .,-i 'fir.. .J.'• Community Development Director Brent Sinclair expl.;' , 1 that Pi ,. :r,:my Bonds were approved bythe voters in May, 2004 to help pr.;.•,.h{::.- e Honey Bee14:40.:,e. He pp y� J f r r secur .by the Tovvn, it is reported that although the site has not been acquit,4:41;' , ,:� i J ,, important to begin the planningandpreservation `� p g {"�':•:. �::::p�. � e explained that once the Council approves the Concept Plan, it will be forwar .,; ;Pima County and the Tohono O'odham Nation for their review and co. •is yy• err �'. gooft */ tP Planning and Zoning Administrator Bryn"`;:� ocdi {{: st, ed that the preservation of the Honey Bee Village was included in the 19!,4,t^ fittoy :e-,t;any o n Management Plan• He 474, explained that this policy . forwar he Town's n's Genera l Plan. The concept . plan is the first stepin the � ery of thiVe. Mr. Nodine explained that the Town hired consultants, Corn :1,,/,'i,s6ByD)Sitin,who ked with Desert Archaeology, Inc. and ,1 :.G4.4-Y.r::.. J ..`•i!!' .,vnJ��'Jr�'/ representatives from the'-{: :' �":Fr�:r ..��5-�`: .'. m, Pima County Cultural Resources, the Tohono O'odham .,;tion, tq •erty owners and Town staff to create the concept plan. /44015'3%, ^i r i $ jl/^..'J',,,, Charlie Dea ommu :y {..Design explained that the site lies within the Rancho Vistoso P1: Area De'- f R•ment (PAD)Neighborhood 6; it is approximately 75 acres in size and isf YF$ :ry ely ow v-• • He reviewed an overhead site analysis of the area and explained that th0;;/0,ev#ifthaeology thewas involved in identifying some of the key features of the site..rrS•�; eans then reviewed the following: • y Core area is approximately 14 acres in size and has the most features and surface material. • Committee recommends that the core area be the principal area of the preserve. • Disturbance to site should be at a minimum. Keep as a preserve but still allow some interpretive facilities. • Place wall around perimeter of the core area, but one that integrates with surrounding residential area (low wall of approximately 36—42 inches.) • Access to the park preserve will be from the future Moore Road alignment. • Recommend placing a trail around the perimeter of the site so as not to disturb the main features of the site. • Trail connections from the park preserve to the regional trail system in the Town. • 07/06/05 Minutes,Council Regular Session 6 • Future commercial and residential developments. Opportunity for incorporating interpretive materials and features in commercial development (shared parking, restroom facilities, etc.) • Management recommendations: o Interpretive program. o Restoration plan. o Trails. o Off-site interpretive program. o Operation and maintenance programs. o Archaeological preserve: ■ Allow only limited research on site, if any. Discussion followed regarding: Q%7 • Tohono O'odham Nation supports the least amount o ' !`".: 4.'}:ance possible with no excavation. f v4, •44r: • �3.•J'+A�y.. l•F'.�a • In case further remains are found in surroundin.. . :� as, mitig : wf: Fry requirements �r. ' (44,1V4 "�'y-�control of would be required of developers of those are „; - ould be and�i j;?shy,•. .;y ��. State Historic Preservation Office.) dAti,,:` � „:4•4'S':/ .- • Security of site: "Eyes on the Park", Park :1` "*ted to daylight hours, limit guests to park's pathways,s, Site Stewards, 36= wall would also have �r/� wrought iron fencingplaced on t. ich woul i1a}- a total wall height of approximately six (6) feet. �`•"'-'• �'��F�'f • Concept plan—preliminary plansf"•:,�/ u .'+. `}•'-� •t ill be continually evaluated 4 andevolved. :r yJ ,,�r< J. • Hands on items for c : r ...active M. pretive facilities. +;�,:•.f��f,, �•:. .GSL.,,{, fir`/,�H�✓•GrJ '.F'��:fifd ,/J�,// r MOTION: Council M:- ” VED • ACCEPT the draft proposed Honey Bee •��. :�rPa �; p p >: .•.'•.r0"....:..***` 4 8,.4,.::.. A `}lan and direct that this plan be forwarded Village Archaeological .����� ••��• l'sfo4 to Pima County anc :. eT 'odham ation for their review. Council Member Culver SECO : - 7 $oti:< ;.' 4: ;otion carried, 5 — , '4447;4, 11:°, sof fr j f"5y 1 Y.., {r ;k r 8. DIS:,.;J,:,y�r� .. ":� ,�;.�+. SIGN A OSSIBLE ACTION REGARDING THE TOWN COUNCIL LIAISON A GNMENTS FOR FISCAL YEAR 2005-06 • y •:�?��••} �. ter. Town Manager Ch 4j wet explained that Council Member Parish and Vice Mayor Gillaspie requested illas ie re d that Council Liaison assignments be re-evaluated due to the new g 2005/2006 fiscal year. He further explained that the Greater Tucson Economic Council (GTEC) liaison assignments should be deleted as GTEC no longer exists (revised to a new group named TRIO.) Mr. Sweet also stated that the Storm Water Utility Commission needs to be included in the liaison assignment list. Council Member Parish commented that when the Council Liaison assignments were first made, discussion was held regarding rotating assignments. He proposed that he switch with Council Member Culver and she become the Police Department's Council liaison and he become the Northern Pima County Chamber of Commerce liaison. (Council Member Culver agreed with the change.) 07/06/05 Minutes,Council Regular Session 7 Mayor Loomis proposed that Council Member Carter be the Storm Water Utility Commission liaison. In response to a question from Council Member Abbott, Council Member Culver stated that she would like to continue as the Development Review Board's liaison due to the relationship with the Historic Commission on upcoming projects. MOTION: Council Member Parish MOVED to REVISE the Council Liaison assignments as follows: Council Member Culver—Police Department, Council Member Parish—Northern Pima County Chamber of Commerce, eliminate the representatives to GTEC, and add the Storm Water Utility Commission to the liaison assignment list and to assign Council Member Carter to that commission. Council Mem.: " ankwerth SECONDED the motion. Motion carried, 5 — 0. ,J ,•/ 7 %/J�i�i. f-. lfJh , goi. Mayor Loomis recessed the meeting at 7:45 p.m. The mec re at 7:53 p.m. ffr/:YJJr icy'. 9• DISCUSSION ABOUT AMENDING COLS::;A Yfh L PROCED CTE,, TO LIMIT DEBATE ''Jr b �r• J b. MOTION: Council Member Culver MOVED to CO : UE discussion of this item to the upcoming Council Retreat so that all/:' ; ouncil mem: could be present for the /"fir J.' :�:i:. mak*/. fi r ;i,.si y..,, ,/J /1�a discussion. Council Member Dankwert` `' : J..:; :i• D th-"l' ion• Motion carried, VPA /dr 10. DISCUSSION REG ' ` G A ?•sf MENT TO THE TOWN COUNCIL POLICIES AND PROCt .�`���• •rO AB 1&SH THE AGENDA COMMITTEE AND REPLACE IT W14"'A P . f ,,NEl yAGENDA ITEM AT THE END OF J• ..s';•l:+•Nf::.Jl:%,. J:�. rr.:.,..!'..Y. EACH REGULARLY`` •��` �: ::�`r� - �- CIL MEETING TO SETUP FUTURE `lJ,.i Yr/.r�:• �� ::•.aa� �/` .fir. AGENDAS FOR y.., „J GULSCHEDLED AND PROPOSED COUNCIL .T MEETINGS ,''kms =`yy� W14Q,. ,.p Y•' ry .i" r �r�'•� /.,fir J r MOTIO �� J. J.9 `T;.`: ���/��• •. ncil Me �0 �Culver MOVED to CONTINUE this item tot e upcoming Council Retr=f ; -,1„ f://' ber Parish SECONDED the motion. Motion carried, 5 —0. t;!;;;;i4„, f.: 11. DISCUSSIO /AND/OR POSSIBLE ACTION REGARDING THE POSSIBLE REMOVAL OF DEVELOPMENT REVIEW BOARD MEMBER RICHARD FEINBERG Town Manager Chuck Sweet explained that Council Member Parish and Council Member Dankwerth requested that the Council discuss and consider the possible removal of Richard Feinberg from the Development Review Board (DRB.) He than read the Town Code, Section 2-4-8, Council, "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." 07/06/05 Minutes,Council Regular Session 8 MOTION: Council Member Parish MOVED to WAIVE the Attorney-Client Privilege. Council Member Dankwerth SECONDED the motion. Motion carried, 5 — 0. MOTION: Council Member Parish MOVED to REMOVE Development Review Board Member Richard Feinberg. Council Member Dankwerth SECONDED the motion. MOTION: Council Member Abbott MOVED to ALLOW public comment. MOTION FAILED DUE TO LACK OF SECOND. Council Member Parish read the letter (Exhibit 'A' attached hereto and incorporated by this reference) addressed to the Mayor and Council Members from Mr. Feinberg dated July 2, 2005. ,,, Discussion followed regarding the reasons that some members .yJ"�:"•': Council felt that g g // .:r/:,. , Mr. Feinbergshould be removed from the Development Reit f:: e:/... p ry ��c r�/ .Y,•�:,;.:rte. ' ''��""�f RRIED 4—�'�3�' MOTION TO REMOVE Mr. Feinberg `{} Council from the D Member Abbott opposed. .. ;: :. Vq,„ l� 12. FUTURE AGENDA ITEMS ": / r, ,`SIH::. Council Member Abbott—Add to the A `h•:;' . .; a: Ite ,f eview/discuss how the s . - _,/o d r om staff regarding Council handles Town Council Policy clip'1,-;;; ,: A, �:�..r,[f ,N.�, g g presentation made byStopOro ValleyOu $5044-71� 1 `F i�r���vays committee (SOVOG) a �.: :.. few months ago and allow th-fry �` . `sake a ii tation if they wish. (Town Manager Chuck Sweet stated that st ")li.' 7: of-top" analysis and it was sent back to g . •.. .�rm th� p SOVOG s leadership a,9,) ,,,,' as alsgt, pi.:ed to th 'town Council.) (Mayor Loomis stated that since the Town is in**, (,f,,11:ittrik 0 G, he did not think it was proper to invite them to make a pre s tatio , .•s's time.) e 4,4..,,• / A4/., w`•. ,'21-,%//''';'1 *,,e-,, 4e4,5j;„, ,_,I.,.,-,..- //0„,,,,er,„. ,-- ,/,' CALL TOENr; .,sd f,: 'sir'/ , 7..i is p. ` r/ ' utte Drive, stated that he was disappointed Segal, 1!" ��•�,C . B i gh•� � with members of the Council A: in .v 11, and he felt that there was a double standard on the /r.v /�' 6r/�•.,•. iy y4a . Council. AA ADJOURNMENT MOTION: A MOTION was made by Council Member Parish and SECONDED by Council Member Culver to ADJOURN at 8:30 p.m. Motion carried, 5 —0. Respectfully submitted, Roxana Garrity, CMC Deputy Town Clerk 07/06/05 Minutes,Council Regular Session 9 I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 6th day of July 2005. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2005. Kathryn E. Cuvelier, CMC ffJ, .• rtt Town Clerk ` ' �% ice," -i. J •'r/,/r°n•:fife:. H.'Sr• /ik•. W7f y '�� , 1"7" f y• `' i "''yids';r b%',rff%.. +�lf' ,•6>'.: ,bf'vpgwff.� J %%/ +40- :sap '7 u :sa,v//.'// �•Y .jh4%.. y/ fs W' g" 'tje -111,0 44, w ���i. •iJ,. , ..is i"oj„'+:,.,; �? fcN�J; ;:;., , !•.�Jj i is,/ /is 4%:l: JULY 6, 2005 COUNCIL MEETING (ITEM 11, EXHIBIT"A") Richard D. Feinberg 1451 East Triton Place Oro Valley, Az 85737 July 2,2005 Mayor Loomis and Council Members, I was stunned to see the council agenda item concerning my dismissal from the Development Review Board before any notification was provided me or the Chairwoman of the DRB. This is certainly not the transparency in government the new council members promised. In fact, it shows a lack of respect for volunteers who have put their private lives aside to serve the Town of Oro Valley. I do not agree with your reasons for putting this matter on the agenda. For three years, I have worked diligently in the performance of my job on DRB. I served with honor, dignity, and an open mind. I have tried to follow the rules of the zoning codes, the general plan guidelines, and our design criteria. I have never acted with bias or prejudice to any applicant, and I have consistently brought my 45 years of experience as an artist to the table to help make Oro Valley a better, and more a beautiful place to live for its citizens and those who visit. But despite my background and performance for the past ten years as a volunteer for Oro Valley and member of DRB, this council has seen fit to discuss my removal for reasons I feel are unjustified. The reasons provided me by Councilman Parish on the telephone (after the matter was placed on the agenda)were, to the best of my recollection, the following: 1)Via my letter to the editor, I stated that Councilwoman Culver and the rest of the council should be more outspoken on the Vestar issue. According to Parish, that suggests council should break the law because they were advised not to speak on this issue. This notion is a big stretch. There is no way that my comments put this council in an unlawful position. If council believes that I am faulting them for remaining mute on the Vestar and referendum issues, they are right. The citizens of Oro Valley deserve to hear the council's opinions on one of the most important commercial developments in Oro Valley's history. 2)According to Parish, should I recuse myself from the DRB when Vestar is on the agenda, I will not be performing my duty because I will not be contributing my expertise, talent, and life experiences on the issue. However, Town Attorney Garrahan and Councilwoman Culver directed me to recuse myself from service from reviewing and activity on the Vestar matter as a member of the DRB. They said that by recusing myself it would be in the town's best interest because Vestar was uncomfortable with me on DRB given that I have publicly spoken out against the development. I have decided not to recuse myself. Vestar is the biggest commercial development in Oro Valley and I intend to contribute to the discussions and decisions made by the DRB. Last I checked, we still have the right to speak in America and I intend to exercise that right. I didn't take the DRB position to rubberstamp all development. Vestar asked me to also serve as a Neighborhood Leadership Group member(NLG) and I did so with dedication. I made suggestions and volunteered my expertise so that their project could be developed in a way that would be the best project for the people in Oro Valley. I told Garrahan and Culver I would continue to work with Vestar on DRB with the same dedication. My personal opinion of the project would not play a role in my decision as a DRB member. Unfortunately, that offer was not acceptable to them. Interestingly, it was Culver and Garrahan who told me to recuse myself from the DRB and now the council is using it as an excuse to fire me. In addition, I made it clear that I still would speak out on the Vestar issue publicly as an individual citizen, and not as a DRB member. Garrahan said that was acceptable. Those who are afraid of criticism will never stifle me and I will continue to exercise my freedom of speech on all issues as an independent citizen of Oro Valley and the United States. As I will be out of town all next week, I will not be at the council meeting when council addresses this issue on the town agenda. I therefore would appreciate if you will have the clerk or a council member read this letter to the audience on my behalf. Richard D. Feinberg DRAFT MINUTES ORO VALLEY TOWN COUNCIL STUDY/SPECIAL SESSION JULY 13, 2005 ORO VALLEY TOWN 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 Barry Gillaspie, Vice Mayor(arrived at 6:05 p.m.) Connie Culver, Council Member Helen Dankwerth, Council Member Terry Parish, Council Member EXCUSED: Paula Abbott, Council Member Kenneth Carter, Council Member STAFF: David Andrews, Acting Town Manager Craig Civalier, Acting Town Engineer Steve Faaborg, Senior Engineering Technician Linda Hersha, Office Specialist 1. DISCUSSION REGARDING THE COMPLETED MOUNTAINSIDE AVENUE EXTENSION STUDY Craig Civalier, Acting Town Engineer and Development Review Division Manager, reported that a traffic evaluation had been conducted reviewing the southbound area of Oracle Road from westbound Catalina Shadows Drive and Mountain Vista Drive. He reported that the evaluation included review of the accident history and travel delay at the stated intersections. Also, he reported that the travel delay time was greatest in the evening peak hours at Mountain Vista Drive and Oracle Road. He added that the evaluation will also reflect that by extending Mountainside Drive it would provide benefits for some of the area residents with regards to reducing travel time. David Atler, the President and principle of DMA Engineering who conducted the evaluation, gave a Power Point presentation regarding the proposal for the Mountainside Avenue extension. The following topics were reviewed and discussed: • Summary of Project Objectives. • Table 1 —Five Year Accident History. • Figure 7 —Travel Tie and Delay Study Limits. • Figure 8 —Morning Peak Hour Travel Time Zones (Existing Conditions). • Figure 9 —Afternoon Peak Hour Travel Time Zones (Existing Conditions). • Figure 10—Morning Peak Hour Travel Time Zones (with Mountainside Avenue Extension). 07/13/05 Minutes, Study/Special Session 2 • Figure 11 —Afternoon Peak Hour Travel Time Zones (with Mountainside Avenue Extension). • Figure 13 - Vehicles vs Delay. • Table 2 —Existing Average Travel Time. • Table 3 —Projected Average Travel Time Zone Summary. • Table 4—Average Turning Movement Count Summary. • Table 5 —Oracle/Magee Turning Movements with Mountainside Avenue Extension. • Table 6—Oracle/Magee Intersection Delay Summary. The following issues were discussed: • The southbound and northbound"platooning" of vehicles on Oracle Road near Mountainside Avenue. • The timing of the signal lights along Oracle Road near Mountainside Avenue. • Arizona Department of Transportation (ADOT) and their involvement with the project. • When was the annexation for the area effective? • The history of accidents that have occurred in the area. • Craig Civalier reviewed the Project Assessment Report and estimated cost for the Mountainside Avenue project. The estimated cost total for the project of$475,000 to $500,000. • Total number of daily trips in the area both inbound and outbound. • Cost increases. • "Platooning" at the proposed signal light at Suffolk Drive. • The widening of Oracle Road to eight lanes. • The number of cars that would conceivably be using the proposed access. Mayor Loomis stated that the Town should move forward to try and get additional public input from the community. He stated that, in his opinion, the technical reading did not reflect a tremendous delay in travel time and the alternative was still there. He believed that the need for installing a connection to Magee were not justified at this point. He stated he would like to see the evaluation report made available to the public to obtain public comments. He said that if the Town had a desire to start budgeting for the project that this could be done in the near future. Vice Mayor Gillaspie and Council Member Parish agreed. ADJOURN STUDY SESSION MOTION: A motion was made by Council Member Culver to adjourn the study session at 6:25 p.m. Motion seconded by Council Member Parish. Motion carried, 5-0. SPECIAL SESSION: AT OR AFTER 5:30 PM CALL TO ORDER at 6:33 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Barry Gillaspie, Vice Mayor Connie Culver, Council Member 07/13/05 Minutes, Study/Special Session 3 Helen Dankwerth, Council Member Terry Parish, Council Member EXCUSED: Paula Abbott, Council Member Kenneth Carter, Council Member MOTION: A motion was made by Council Member Dankwerth, and seconded by Council Member Parish to go into Executive Session at 6:35 p.m. for the following purpose: 1. PURSUANT TO ARS 38-431.03(A)(3) AND (A)(4), COUNCIL MAY VOTE TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF CONSULTATION FOR AND DISCUSSION OF LEGAL ADVICE WITH THE TOWN ATTORNEY AND LEGAL COUNSEL FOR THE TOWN IN ORDER TO CONSIDER THE TOWN'S POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PENDING LITIGATION: STOP O.V. OUTRAGEOUS GIVEWAYS AND OLDAKOWSKI V. CUVELIER AND TOWN OF ORO VALLEY (SUPERIOR COURT, PIMA COUNTY NO. C20053394) Mayor Loomis announced that in addition to the Town Council, Town Attorney, the Town Clerk's Office Specialist and the Acting Town Manager, Gary Urman, Outside Legal Counsel would be present for this item. MOTION: A motion was made by Council Member Dankwerth and seconded by Council Member Parish to go out of executive session at 7:15 p.m. RESUMED SPECIAL SESSION AT 7:16 p.m. 2. POSSIBLE DISCUSSION AND ACTION BY COUNCIL TO INSTRUCT LEGAL COUNSEL FOR THE TOWN REGARDING POSSIBLE CLAIMS AND DEFENSES IN THE PENDING LITIGATION: STOP O.V. OUTRAGEOUS GIVEWAYS AND OLDAKAWSKI V. CUVELIER AND TOWN OF ORO VALLEY (SUPERIOR COURT, PIMA COUNTY NO. C20053394) No action taken. ADJOURNMENT MOTION: A motion to adjourn was made by Council Member Culver and seconded by Council Member Dankwerth to adjourn the meeting at 7:16 p.m.. Motion carried, 5-0. Respectfully submitted, Linda Hersha, Office Specialist B TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 3, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Jim Hossley, Operations Division Manager SUBJECT: Resolution (R) 05-51 Accept proposal and Award of Contract to Kimley-Horn and Associates, Inc. for Professional Engineering Services to Update the Oro Valley Town Wide Drainage Study Master Plan and Hydrologic Model Expansion Project No. OV 30 04/05 25. SUMMARY: Kimley-Horn and Associates, Inc., as a part of the Town Wide Drainage Study completed in 2001, performed hydrologic modeling of basins and sub-basins within the Town's boundary. The results of the effort are requisite to planning and engineering of drainage systems within the Town. This study will expand the current model to areas that are planned for annexation into the Town. The area of study will be from the Pinal County line on the North, Shannon Road on the West, Ina Road on the South, and 1st Avenue on the East. The study will include all contributing drainage areas to the aforementioned area. The staff recommends approval of the proposed professional services project as it will provide flow rate information at sub-basin level that is critical for drainage planning and engineering in areas planned for annexation into the Town of Oro Valley. The work to be performed under this project, including the modeling approach, is consistent with techniques used in the Town Wide Drainage Study by Kimley-Horn and Associates completed in 2001. ATTACHMENTS: 1. Resolution (R) 05- 51 2. Kimley-Horn and Associates, Inc. proposal dated April 28, 2005. 3. Exhibit 1.—Project Milestones, Deliverables, and Preliminary Dates (Project No. OV-30 04/05 25) FISCAL IMPACT: The funds required for the study ($55,000) are available from the 2005/06 Stormwater Utility Budgets. FACTORS FOR: This project will assist the Town plan flood and drainage control for new and existing development within areas annexed by the Town since 2001 and potential future annexation areas. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 FACTORS AGAINST: None SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: ve Resolution (R) 05- 51 the Mayor to accept the proposal I move to appro authorizing and award a contract for Professional Engineering Services to Kimley-Horn and Associates, Inc. for Professional Services to Update the Oro Valley Town Wide Drainage Study Master Plan and Hydrologic Model Expansion. Or I move to deny Resolution (R) 05- 51 . Or I move to ' ) �� f ,�' / }.s r L' Jir Hossley, Opif erations Division Mgr ( : !:\ , . ( ;Li ,) -,.. ., iit/A,' --, i. J aCraig Civr, ActingTown Engineer (.../.7. 4, \-- . 0‘ at, it (.4. ,,,d1 Chuck S eet, Town Manager +j. RESOLUTION NO. (R) 05- 51 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING THE MAYOR TO AWARD A CONTRACT TO KIMLEY-HORN AND ASSOCIATES, INC FOR PROFESSIONAL ENGINEERING SERVICES FOR THE TOWN OF ORO VALLEY MASTER PLAN — EXPANSION OF THE HYDROLOGIC MODEL PROJECT OV 30 04/05 25. WHEREAS, the estimate of peak flow rates at key points of concentration (sub- basins) within the Town's boundaries is requisite to planning and engineering of drainage systems to convey flood flows; and WHEREAS, the provision of adequately planned and engineered drainage systems is important to the safety and welfare of the citizens of Oro Valley; and WHEREAS, this project will update the previous Town Wide Drainage Study completed by Kimley-Horn and Associates in 2001 to ensure that the same and comparable level of flow rate information exists in all areas of the Town including areas as they are annexed; and THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That the Mayor is authorized to award the professional engineering services contract to Kimley-Horn and Associates, Inc. for the Town of Oro Valley Master Plan Expansion of the Hydrologic Model Project OV-30 04/05 25. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 3rd day of August , 2005. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date Date Ey 4r v 4:!t%5A040"4100 .1401, 0,004-,e ti✓ -'44344-:#a 4 ; o, ' � � - S�j•E7 .rp. AVINV,41 � Li)(Ift„ib .\• 4444.- •,,.r TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS ENGINEERING DEPARTMENT 11,000 N La Canada Drive ORO VALLEY, AZ 85737 (520) 229-4872 CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES PROJECT TITLE: Town of Oro Valley Master Plan---Expansion of Hydrologic Model PROJECT NO.: OV-30 04/05 25 This contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation (the "Town") and Kimley-Horn and Associates (the "Engineering Consultant"). WITNESSETH: WHEREAS, the Mayor and Town Council/Town Manager of the Town of Oro Valley are authorized.and empowered by the revisions 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 Engineering Consultant as follows: SECTION I—DESCRIPTION OF PROJECT This project is to extend the hydrologic model developed and used by KHA in the Town-wide Drainage Study, completed in 2001, to areas of potential annexation into the Town. The study area will be from the Pinal County line on the North, Shannon Road on the West, Ina Road on the South, and 1st Avenue on the East; and it will include contributing drainage areas to this location. Deliverables will include updated hydrologic models, maps, report documentation, and electronic files geo-referenced for compatibility with the Town's GIS system. See attached scope of services and map. 1 C:\Documcnts and Scttings,Igarcia\Local Settings\Temporary Internet Filcs\OLKT\Prof Sery Engr Contr Master Plan Hydro!Modcl Ester final.doe II iI SECTION II— SCOPE OF SERVICES See attached scope of work from_Kimley-Horn and Associates (KHA),dated April 28, 2005. SECTION III—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 Engineering fee as negotiated for not to exceed FIFTY-FIVE THOUSAND DOLLARS ($55,000). Payment shall be made monthly on the basis of progress reports. Engineering Consultant must 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 status of all tasks within the project with backup support documentation. Work schedule updates will be included in the monthly progress payment reports. SECTION IV—PERIOD OF SERVICE Following receipt of a Notice to Proceed with the work, the Engineering Consultant shall complete all services described in Section II within 360 calendar days after Notice to Proceed is issued by the Town. In the event delays are experienced beyond the control of the Engineering Consultant, the completion date may be extended by mutual written agreement between the Town and the Engineering Consultant. SECTION V—APPROVALS All work shall be subject to approval by the Town Engineer or his designee. Engineering Consultant agrees to exercise the skill and care which would be exercised by professional engineers performing similar services at the time and in the locality. If failure to meet these standards results in faulty work, Engineering Consultant shall undertake at its own expense the corrective adjustments or modifications. SECTION VI—INDEMNIFICATION The Contractor agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Town Engineer, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, reasonable attorney's fees, or actions of any kind and nature resulting in the Contractor or any subcontractor employed by the Contractor (including bodily injury and death) or damages to any property or any other losses, claims, suits, demands, and/or expenses, to the extent arising from the negligent acts or omissions in the performance of professional services under this Agreement, 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 VIII will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION VII—REPORTING Wrmnreports, together wwork ules, wbe by Engineering Consultant in format prescroibethlyd by the Town. Theseith reportsupdated will be delivered to theill Town nomade later the than the fifth day of each monththe. When requested by the Town, the Engineering Consultant will attend Council mPetings and provide finished documents including correspondence, supporting charts, graphs, drawings and colored slides for Council action. SECTION VIII—LIABILITY See Attachment A 2 C:\Documents and Settings\lgarcia\Local Settings\Temporary Internet Files\OLKTProf Ser%Engr Conti Master Plan Hydro!Model Extol liinal.doc SECTION IX—AMENDMENTS Whenever a change in the scope of work is determined to be necessary, the work will be performed in accordance with the Contract provided. Before a change in the scope of work is started, a Change Order(s) shall be executed by the Town and the Engineering Consultant. Additions to, modifications of or deletions from the project may be made and the compensation to be paid to the Engineering Consultant may be adjusted accordingly by mutual written agreement of the contracting parties. It is agreed that no claim for extra work by the Engineering Consultant will be allowed by the Town except as provided,nor shall the Engineering 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 agreed upon by the 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 Contractor, it binds the contractor to complete the work by the extended date designated in the Contract Change Order. The Town can 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. Notwithstanding any other provision of this Agreement, the Consultant shall not have liability for or be deemed in breach because of delays caused by factors outside of its reasonable control, including natural disasters, adverse weather, acts of war or terrorism, civil disruptions or riots, or similar factors. SECTION X—TERMINATION The Town and the Engineering 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 Engineering 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 Engineering Consultant in writing and, immediately after receiving such notice, the Engineering Consultant shall discontinue advancing the work under this Contract and shall proceed to close operations. B. Upon termination or abandonment, the Engineering 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 Engineering Consultant shall apprise the work he has completed and submit his appraisal to the Town for evaluation. D. The Engineering 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 Engineering Consultant fee described in this Contract under Section III and shall be in the amount mutually agreed to between the Engineering Consultant and the Town. The Town shall make this final payment within sixty (60) days after the Engineering Consultant has delivered the last of the partially completed items. SECTION XI—LIQUIDATED DAMAGES If the work to be performed by the Engineering Consultant under Section II of this Contract is not timely completed, the Engineering Consultant shall pay to the Town $ S290 as liquidated damages for each day the work remains incomplete after the scheduled completion date. This amount is agreed upon because of the impracticability and extreme difficulty of ascertaining the actual damages the Town would sustain. The scheduled completion date for terminating 3 C.\Uocumcnts and Settings\garcia\Local Settings\Tcmporary Internet Files\OLK7',Prof Scry Ener Conte Master Plan Hydrol Model Extol final.doe illliability for liquidated damages shall be 360 consecutive days from the effective date of Town's Notice to Proceed to Engineering Consultant. For theose u of determiningapplicability of liquidated damages(Section XI), completion time shall be extended only if p � pp delay in completion of the work by the Engineering Consultant results from an unforeseeable cause beyond the control and without the fault or negligence of the Engineering Consultant. SECTION XII—ARBITRATION OF DISPUTES Any dispute arising under this contract that is not settled by the Town and the Engineering 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 Engineering Consultant and a representative mutually acceptable to the Town and the Engineering Consultant. The Town, however, reserves its rights as set forth in Arizona Revised Statutes, Title 12. The Engineering 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. SECTION XIII—OWNERSHIP OF DOCUMENTS All documents including, but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to remain the property of the Town. The Engineering Consultant shall furnish the Town, upon request, originals or copies of technical specifications and copies of all documents listed above. The Engineering Consultant shall endorse by his professional seal all plans and engineering data furnished by him. SECTION XIV—NO KICK-BACK CERTIFICATION The Engineering Consultant warrants that no person has been employed or retained to solicit or secure this Contract upon an 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 Engineering 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 XV—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 XVI—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 Engineering Consultant may assign money due to him under terms of this Contract to a banking or lending NNam.' institute. The Town shall assist the Engineering Consultant in performing the assignment by testifying to the progress of the work as may be required. 4 CG'\Documents Lumd Settings\lgarcia\Local Settings`,Temporary Internet Files\OLK7,Prof Scry Engr Contr Master Plan Hydro]Model Exton final doc SECTION XVII-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 2005. TOWN OF ORO VALLEY: ENGINEERING CONSULTANT: By: By: Mayor President Date: Date: By: ATTEST: (If Corporation) Town Engineer Date: Secretary ATTEST: WITNESS (If individual or Partnership) Town Clerk APPROVED AS TO FORM By: Date: 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 President, 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 Engineering Consultant. Notary My Commission Expires: Nifty 5 C:\Documcnts and Settings\Igarcia\Local Settings\Temporary Internet Files\OLKT,Prof Scry Ensu Contr Master Plan Hydro]Model Exton liinal.doc ATTACHMENT A The Engineering Consultant agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. 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 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 affected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. In regard to Professional Liability, Engineering 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, reasonable attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Engineering Consultant or of any subcontractor employed by the Engineering Consultant (including bodily injury and death) or damages to any property, to the extent arising solely out of the negligent performance of the Engineering Consultant for the work performed. Engineering 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 to the extent arising out of the negligent acts, errors, or omissions in the performance of services by the Engineering 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 Engineering 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 Engineering Consultant or any subcontractor employed by the Engineering Consultant (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the negligent performance of the Engineering 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 RTIES to this Contract that the Town of Orn 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. C: 6 `Docuntents and Settings'Jgarcia\Local SettingsTemporary Internet Files\OLK7,Prof Scrt Engr Conti Master Plan Hydro!Model Exton final.doc CONSULTING FIRM: PROFESSIONALS REGISTERED IN THE STATE OF ARIZONA (IN-HOUSE) In the space provided below, list name, major field of expertise, and professional registration number for all in- house Architects, Landscape Architects, Engineers, and Land Surveyors registered in the State of Arizona on your staff as of 5/05. Enter total number of Arizona Registrants listed below: . (For additional space use reverse side.) NAME FIELD REGIS. NO. 7 C:\Documents and Settings\lgarcia\Local Settings\Temporary Interna Files\OLK7Prof Scrn Eng Contr Master Plan Ilydrol Model Extcn Imnal.doc Scope of Work for Oro Valley Town Wide Drainage Study Master Plan Update and Expansion Project Background In 2001 the Oro Valley completed the Town Wide Drainage Study. One component of the Drainage Study included the delineation of the contributing watershed and the determination of flow rates for washes from various storm events. The contributing drainage area to the Town is approximately 250 square Miles. The Hydrologic models prepared for the Town included more that 300 points of flow concentration, the bulk of which are located within the immediate vicinity of the Town. The purpose of these models is to provide the Town with an estimate of flow rates at critical locations based on existing conditions. These models are for planning purposes only and as such are not intended to be used for design. Scope of Services 1.1 The area of study will be from the Pinal County Line on the north, Shannon Road on the West, Ina Road on the South and Avenue on the East, and will include contributing drainage areas to this location.(Figure 1) 1.2 The consultant shall update the existing hydrologic models for the study area consistent with methodology used in the 2001 Master Plan. 1.3 The Town shall provide at no cost to the consultant digital topographic data and aerials for the study area that are geo-referenced,to Pima County Datum, both horizontally and vertically; assume KHA has the digital files and maps utilized in the original master plan. The Town will also provide existing land use information in GIS format to be used to update existing hydrologic basin parameters. 1.4 Flow concentration points for 82 sq. mi. as noted in Figure 1, from the existing Master Plan hydrology and the Country Club Update will be transferred by the Consultant to the GIS platform. Utilizing automated techniques, watershed boundaries will be re-delineated. Drainage basin, Land Use, and Soils areas will be updated for each drainage area. and HEC-1 models will be re-run for the 100-year 3 hour storm event. 1.5 For new areas (approximately 9.3 sq miles see Figure 1), concentration points will be established at a density similar to that of the original study. Assuming a density of 15 drainage basins per square mile a total of up to 140 new basins will be added to existing BEC-1 Models. Flow estimates of the 100-year 3 hour rainfall will be performed. New areas delineated will be in the same coordinate system as task 1.3. 1.6 The deliverable shall be updated models, maps, report documentation and electronic geo-referenced files for the Towns GIS system. Report documentation will be in a form consistent with the Town Wide Drainage Study"Hydrologic Model Report." 1.7 1.8 Project include 2 meetings in Oro Valley and 2 site visits. ,, gsL'y ,,,r _ , g a 'v_ NORTH MODEL A 3 'c !/,,,"/ iii,",/j,- ////',/,- _ 1 BASINS ADDED TO ' '' f'' 'fi %; Exhibit 1 Project Milestones, Deliverables and Preliminary Dates Project milestones and deliverables are shown on the following preliminary schedule. Project Milestones/Deliverables Preliminary Date(s) Kick-off Meeting (First Meeting) Two (2) weeks after the written notice to proceed (NTP) Data Collection 2 weeks after the NTP Site Visit (First Site Visit) 8 weeks after the NTP Preliminary Drainage Basin Submittal 16 weeks after the NTP Town Review Time for Preliminary Drainage 16 to 20 weeks after the NTP Basin Submittal (4 Weeks for Town Review) Draft Hydrology Report Submittal 28 weeks after the NTP (Second Meeting) Town Review Time for Draft Hydrology Report 28 to 32 weeks after the NTP (4 Weeks for Town Review) Site Visit(Second Site Visit) 44 weeks after the NTP Final Hydrology Report and Electronic GIS Data 50 weeks after the NTP Submittal Total period of service as noted in Section IV of Contract. Town to provide GIS data to KHA within two weeks after NTP. TOWN OF ORO VALLEY C I COUNCIL COMMUNICATION MEETING DATE: August 3, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Bryant Nodine, AICP, Planning and Zoning Administrator SUBJECT: RESOLUTION (R) 05- 52 , HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE: APPROVAL OF TRANSPORTATION ENHANCEMENT GRANT APPLICATION AND MATCHING FUNDS BACKGROUND Based on the draft conceptual site plan reviewed by the Council in July, Staff has prepared a rans ortation Enhancement (TE) grant application for submittal to ADOT at the end of August. A draftT p of the application is attached. The grant would be used to fund a cyclist way station, pedestrian trails, and interpretative elements for the HoneyBee Village Archaeological Preserve. These would link to and enhance the Town's proposed g b y bicycle and pedestrian trails systems. The grant would require approximately $20,000 in matching funds (5.7% of approximately $300,000). Though the grant will be awarded this fiscal year, the matching funds will not be required until a subsequent fiscal year. It was reviewed by the PAG TE grant review committee and they suggested changes which we will incorporate prior to submittal. That committee ranked the application#7 out of the 16 grant applications reviewed. SUGGESTED MOTION I move to approve the attached Transportation Enhancement grant application and matching funds. Attachments: 1. Draft Arizona Transportation Enhancement Program Grant Application for the Honey Bee Village Archaeological Preserve. 4.)j-- ca.--) 'Th ' P l annl : .nd Zonin dmini strator . , :2_,j Corn 'unity Development Director r ,,,,,. Q., 64( avt--/Lt-e- Town M a ager RESOLUTION NO. 05- 52 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE TRANSPORTATION ENHANCEMENT GRANT APPLICATION AND MATCHING FUNDS FOR IMPROVEMENT OF PORTIONS OF THE HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE. WHEREAS, the Town of Oro Valley Honey Bee Canyon Management Plan and the adopted Focus 2020 General Plan (2005) recognize the importance and seek the preservation of the Honey Bee Village Archaeological Site; and WHEREAS, the Town's adopted Bicycle and Pedestrian Plan and the Town's Trails Task Force Report provide for a coordinated, multi-modal transportation system within the Town; and WHEREAS, the Town of Oro Valley did consult with, advise and provide an opportunity for official and public comment for these plans; and WHEREAS, the Town Council, on July 6, 2005, accepted the draft Honey Bee Village Archaeological Preserve Conceptual Plan, which preserves this key site and includes interpretive elements and connections to the Town's multi-modal transportation system; and WHEREAS, this grant would provide a bicyclist way station, pedestrian trails, and interpretive elements that would meet the Honey Bee Village Archaeological Preserve Conceptual Plan and improve the preserve and the Town's multi-modal transportation system; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley: Section 1: That Document known as the Honey Bee Village Archaeological Preserve Arizona Transportation Enhancement Grant Application is hereby approved and, if the grant is funded, the Town will place the required matching funds in the Capital Fund Program. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 31-d day of August, 2005. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis,Mayor Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney vILLAGE HO_ _ E N Y BEE w ICAL pRESERVE cHAEOLOG :.„ AR _ TATip,,,,,„„„„„, N AND wAy S CLIST vvm BICY :ii TRAILS AN INTE pEDESTRI---- ---.. RPRET,„„„„„„ iii:1: „'„,„„„:::,,,:!,..E ....-::-:-..... RANT ..::,.::,„:::„,,,,,,,,,,....... ARIZONABICY AN INTE pEDESTRI---- ---.. APPLICAT" }N .,:!-.,':',':';'.','.:','''.'..::,.:.:,',',.,::::„:„::,„,,,::. }v ? 4v, ,. .11. .}{kik•?':. ,„.: ,„,„„,„,,,,,,,,7,,,,,,,.„„:„:,:. ... Iii,„, ::::':::',::::':::: ,,,,,, ::.::.::.:.:.:.:..:.... . .. c}. ," .. ................:.:.„,.. , -.ow •i;:•i:'i:•.'v4:ik{:•.:7.{}r;viti:4tk n'5�,�:'.:��:•r,::::i�}{. i'•:,{•:•,:i;(\'r,4.^•.:::Ji•:{:i:k;.4:it{.v;•;?•>y'%}?::.ti}. lik,„,... ..,.„,„„p iiiiiii :ry•r. tn4'::'ti::: :r:•.�?:v4i,.. ;i::;;+iii:};i2'•iiii:%::::+:%;$`r�+.'�� ::ti !vi: . \ti v}v; ...... :.:: ":„,,,,,,.„„,, , ,,),.„,:, inky}:i}}'.:::.:r':i+, ..:{:r,.}tiii'�:.i'�:".;:.is Sponsored b .......„..:,..::,:::,:,„„ Iiii,,,, 11!!piciopt,\.:„,:01,‘111!1,1,11.11Ei.!.,,,,:,:,.„„iti` '.. ..` kk `k Arizona Department ofN AN RPRET,„„„„ with support from ........„.:H. U.S..,4:,„„ ...„..,„. Dof Transportation iraiT - .A: „. .:::::„„::„,.. .,„,.:,:„:„ . ..„:.„.::. tinifla' . : Federal Highway Administration C Round Thirteen For projects anticipating construction in 36 months (Revised March 2005) ROUND 13 ARIZONA TEA-21 TRANSPORTATION ENHANCEMENT APPLICATION 1. Please list the applicants applying for funding. All applications must be sponsored by a government agency. All projects which are 75% or more contained on the State Highway System right-of-way must have the ADOT District Engineers written support and ADOT is considered the sponsor. 2. List date application was completed. J 3. List the project name or facility name. The project must be transportation related. If on a State Highway, list the route number and beginning milepost. 4. List mailing address of sponsoring agency. 5. List county where project is located. If there are additional counties, list starting county first. 6. List the Congressional District number. No name is required. 7. List contact person for project. This person must be from the sponsoring agency. An alternate person should also be listed. The appropriate District will sponsor projects on the Sta ..: ystem. (No exceptions). 8. Person responsible for completing application form. APPLICANT INFORMATION 1. APPLICANT AND SPONSOR(Must be ADOT if on MPO/COG' 2. DATE ADOT right of way) Town of Oro Valley Pima Association of Governments June 10,2005 ............... 3. PROJECT/ROUTE/FACILITY NAME anti BEGINNING MILEPOST HoneyBee Village ArchaeologlPreserve Intitive Walk and C clt's Way Station/Ranch Vistoso Boulevard and Moore Road 9 (� 4. MAILING NG ADDRESS 7 n a Drive, Oro 11000 CITY r'`#` ZIP CODE 5. COUNTY 6. CONGRESSIONAL DISTRICT Oro Valle `> 85737 Pima District 8 ra4 7. CONTACT:; SON TITLE PHONE NO:520-229-4807 Bryant Nodine Planning and Zoning Administrator FAX NO:520-742-1022 ALTERNATE PERS011<> >>:::;. TITLE PHONE NO:520-229-5050 Ainsley Ree de r Parks nd Rec reati o nAdministrator FAX NO:520-797-2202 8. FORM FILLED OUT BY: TITLE PHONE NO:520-229-4807 Bryant Nodine Planning and Zoning Administrator FAX NO:520-742-1022 List category applied for: Facilities for bicycles and pedestrians & Historic Preservation (LIMIT 2) Amount of Federal funds requested $ 328,372 Total Project Cost$ 348,221 2 ROUND 13 THE ELEVEN ELIGIBLE TRANSPORTATION ENHANCEMENT ACTIVITIES (The term`Transportation Enhancement activities'means,with respect to any project or the area to be served by the project,any of the following activities if such activity relates to surface transportation) 1.) PROVISION OF FACILITIES FOR PEDESTRIANS AND BICYCLES. This does not include typical construction elements of a roadway such as;travel lanes,traffic signals,crosswalks,etc. 2.) PROVISION OF SAFETY AND EDUCATIONAL ACTIVITIES FOR PEDESTRIANS AND BICYCLISTS Activities must have a broad and preferably regional target audience. 3.) ACQUISITION OF SCENIC EASEMENTS OR HISTORIC SITES-NOT ELIGIBLE IN ARIZONA 4.) SCENIC OR HISTORIC HIGHWAY PROGRAMS (INCLUDING THE PROVISION OF TOURIST AND WELCOME CENTER FACILITIES) ADOT does have in place a Parkways, Historic, and Scenic Roads Program. This program does have a separate grant program for projects on those routes that have been designated by the State/ADOT. Any project under this activity must be on or within 2 miles of a State designated Scenic or Historic road. 5.) LANDSCAPING AND OTHER SCENIC BEAUTIFICATION This is for primarily plant landscaping activities. You can include site furniture such as benches,trash receptacles, etc. Stand-alone public art is not considered scenic beautification. You can include some art as part of a project but it is not eligible as a separate category under Transportation Enhancements. Public art has been included in the new Transit Enhancements funding program under the new TEA-21 legislation. Maintenance of landscaping does not qualify under:this program. 6.) HISTORIC PRESERVATION Any work under this category must have a strong transportation link either past,present or future. 7.) REHABILITATION OF HISTORIC TRANSPORTATION BUILDINGS, STRUCTURES, OR FACILITIES (INCLUDING HISTORIC RAILROAD FACILITIES AND BRIDGES) 8.) PRESERVATION OF ABANDONED RAILWAY CORRIDORS (INCLUDING THE CONVERSION AND USE THEREOF FOR PEDESTRIAN OR BICYCLE TRAILS) 9.) CONTROL AND REMOVAL OF OUTDOOR ADVERTISING 10.) ARCHEOLOGICAL PLANNING AND RESEARCH 11.) ENVIRONMENTAL MITIGATION TO ADDRESS WATER POLLUTION DUE TO HIGHWAY RUNOFF OR REDUCE VEHICLE- CAUSED WILDLIFE MORTALITY WHILE'MAINTAINING HABITAT CONNECTIVITY 12.) ESTABLISHMENT OF TRANSPORTATION MUS U Please be aware that there are specific requirements for this category. Please contact your MPO, COG representative or ADOT TE Section staff for additional information. NOTE:'THESE ARE THE ONLY ITEMS ELIGIBLE FOR'TRANSPORTATION ENHANCEMENT FUNDING. INCLUDING ELEMENTS NOT LISTED ABOVE MAY RESULT IN THE DISQUALIFICATION OF THE ENTIRE APPLICATION. OTHER ELEMENTS MAY BE INCORPORATED INTO THE PROJECT IF THEY ARE IDENTIFIED AS SEPARATE FUNDING IN THE COST ESTIMATE. IF ITEMS THAT ARE ELIGIBLE FOR OTHER FUNDING SOURCES ARE TO BE INCLUDED IN THIS PROJECT APPLICATION, THEN THOSE SOURCE FUNDS MUST BE IDENTIFIED AND USED FOR THOSE ITEMS. FINAL DETERMINATION OF QUALIFICATION WILL BE DEFINED IN THE PROJECT SCOPINGPHASE. ...................... 9. PROJECT CATEGJ " >:.. � c all boxes that apply. Circle primary category in which you wish to be evaluated. a.rovision of Facilities for Pedestrians and Bicycles. ❑7. Rehabilitation of Historic Transportation Buildings, ❑2. Provision of Safety and Educational Activities for Structures,or Facilities(including historic railroad facilities Pedestrians and Bicyclists and bridges) 3. NOT ELIGIBLE IN ARIZONA ❑8.Preservation of Abandoned Railway Corridors(including 4.Scenic Highway Programs Including the Provision of the conversion and use thereof for pedestrian or bicycle Tourist and Welcome Center Facilities trails) 1).Landscaping and Other Scenic Beautification ❑ .Control and Removal of Outdoor Advertising 6. Historic Preservation 10.Archeological Planning and Research. ❑11. Environmental Mitigation to Address Water Pollution Due to Highway Runoff or Reduce Vehicle-caused Wildlife Mortality While Maintaining Habitat Connectivity 1112. Establishment of Transportation Museums 3 ROUND 13 10. PROJECT GENERAL DESCRIPTION: INCLUDE PROJECT CONCEPT, LENGTH, NUMBER OF ACRES, ETC.: List all key elements of the project scope PLEASE LIMIT THE FOLLOWING DESCRIPTION TO 200 WORDS OR LESS The project will enhance bicycle and pedestrian travel within Oro Valley and will create pedestrian interpretive trails through the Honey Bee Village Archaeological Preserve (HBVAP). This 14-acre preserve will soon be purchased by Pima County with voter-approved Cultural Resources Bond funds from 2004. The 4,000 feet of trails will link to the Oro Valley surface trails system and with the regional bike path system. To encourage bicycle access to the preserve and to serve the many cyclists who use Rancho Vistoso Boulevard, a Cyclist's Way Stationill be developed. The way station will have easy access from Moore Road. It will include ramadas for shade, water f ` ntains, restrooms, and bicycle parking facilities. The way station will also serve as the entry point to the HBVAP, as the ramadas will have interpretive signs about Honey Bee Hohokam Village, other nearby prehistoric and historic sites in Oro Valley, and maps showing connections to bike paths and trails. 11. Describe the project. Please answer all questions using the format outlined below A)Where is the project located? Must attach map in appendix) ( B) Is the project on aplanned, existin or under construction trans ortation corridor? g� �: If on a planned corridor under construction, what is the approximate or scheduled completion date for the corridor? C)What major construction, design, and right-of-way work does the project entail? Describe any need for major land modification, retaining wall. etc. and include in cost estimate. D) Can the project be constructed entire within the project rightfray (ROW)? Who owns theproposed project ROW?.......... . Are there any private landowners invo ,::� ,:�d . :;; lea se list. What percent of the project area is on ADT"R ? E) Are there drainage issues to consider? D cribe anyp tential impacts to Waters of the U.S. necessary? n I o F) Are utility litY re ocati s e e ss a r Y . G) What is the proposed:time frame for completion of the project::::: A) The project is located within tt e Town of Oro Vali*, Pima County, in southern Arizona at the crossroads of two arterial streets*:..:Moore Road and Rancho Vistoso Boulevard (RVB), within the Rancho Vistoso Town Center AreaNVB is a multi-modal transportation corridor with enhanced bicycle and pedestrian facilities. (See maps ippendix.) Moore Road will be extended to connect to RVB (east) thereby providing a connection between Oracle Road and La'Canada Boulevard, and ultimately La Cholla Boulevard tc provide alternative north-south routes to Oracle Road. B) The project is along the existing RVB and will also take advantage of the planned eastward extension of Moore Road. One access.point to the HBVAP will be from RVB and the other will be from the Moore Road extension. This extension will be completed concurrently with the proposed development surrounding the HBVAP. C) Conceptual planning for the Honey Bee Village Archaeological Preserve was completed in June 2005. Design of the Interpretive Walk and Cyclist's Way Station will be completed in 2006. The following elements are proposed for the gateway to the HBVAP: large ramadas with benches, interpretive signs, and trail-bike oath signs,.abicycle parking facility, a drinking fountain, and an attractive vegetation statement that included native shade trees. Nearby and incorporated into the adjacent commercial development will b` restroom facility. Environmental review will occur in the second half of 2006 and construction of allacilities will take place by the end of 2007. D) The project is on land adjacent to the ROW of the Moore Road eastward extension. The ROW for the extension will be dedicated to the Town of Oro Valley. Land acquisition by Pima County, with Cultural Resources Bond funds approved by voters in 2004, is scheduled for no later than December 2005. The planned Cyclist's Way Station will be on a combination of publicly owned land and land owned by Canada Vistas (Steve Solomon)the developer of the surrounding properties. No ADOT ROW is involved. E) There are no drainage issues. F) No utility relocations are necessary. 4 ROUND 13 G) The Interpretive Walk at the HBVAP and the Cyclist's Way Station will be open to the public by March 2008. PLEASE LIMIT RESPONSES TO THE FOLLOWING QUESTIONS TO 200 WORDS OR LESS 12. How will the project be maintained? All projects will require a signed Joint Project Agreement(JPA) prior to project construction. The following information is required for completing the JPA. Please answer all questions listed by describing how the project will be maintained and repaired after completion. A) Organization(s) responsible for on-going maintenance and repairs of the TE project. B) Proposed on-going maintenance and repair program C) Source of funds for on-going maintenance and repairs A) The HBVAP facilities will be designed to be low maintenance. Maintenance of the HBVAP and the Cyclist's Way Station will be the responsibility of the Town of Oro Valley Parks and Recreation Department. B) Town of Oro Valley's Parks and Recreation Department has full-time staff who will be responsible for ongoing maintenance and repair. C) The funds will be part of the annual Parks and Recreation budget of the Town of Oro Valley. 13. If you are a local government, do you anticipate requesting self bid and administration based on the FHWA guidelines? (See TE handbook March 2005 for clarification). No 14. Is the proposed project listed on or does it meet criteria for any local,state, or federal, historic or scenic designations? If so, please identify the specific designati n(s) and limits and briefly describe why the proposed project qualifies. If this is a rail corridor project is the corridor"rail banked" or is the abandonment authorized by or proceeding before the.Interstate Rail Commission? The Honey Bee Village archaeological site [AZ B :88 (ASM)], which is the focus of this project, has been determined to be eligible for the National Register of Historic Places. It contains a long and continuous period of occupation by Hohokam farmers from A.D. 600 to 1250. For much of that time it was an important ballcourt village. Ballcourts were a link in the social, economic, and religious systems of the Hohokam, The value of the scientific information preserved in this site is very high, particularly given the number of sites that have been destroyed by development activity throughout southern Arizona over the last century. In addition, there is a very high cultural value placed upon this and similar sites by multiple Native American groups.The Tohono O'odham have been directly involved in recent preservation and planning activities regarding Honey Bee Village. 15. Describe how the community was or will be involved in this project. Please include the following: Community involvement in the planning, scoping process, design process, or implementation. Is the project listed in any planning documents that had extensive public participation? Oro Valley considered Honey Bee Village in two major planning documents that had substantial public involvement: 1. Honey Bee Canyon Management Plan of 1994,which received a State Planning Association award for best project in 1995. 2. Focus 2020: Town of Oro Valley General Plan, (updated May 2005), which involved over 20 public workshops, open houses or hearings including one focusing on transportation systems (including alternative modes)and another on archaeological sites. This plan calls for continued expansion of the Town's bike and pedestrian systems including the acquisition and development of key sites, as well as the designation of this site on the National Register of Historic Places. This grant would improve the system of trails and bike paths provided in the Town's Bicycle and Pedestrian Plan, which won the 2000 State Planning Association award for best Master Plan: Special 5 ROUND 13 Studies, and the Town's Trails Task Force Report. Both plans were developed with citizen committees and at least two public hearings and two open houses. n. Pima County identified Honey Bee Village as a"Priority Archaeological Site" in its planning efforts for the Sonoran Desert Conservation Plan and county voters authorized $1 million for preservation of Honey Bee Village when they overwhelmingly approved the Pima County Cultural Resources bond fund in 2004. Concept planning for the Honey Bee Village Archaeological Preserve in the first half of 2005 included the Town, Pima County, the Tohono O'odham Nation, and the owner of the property. The resulting partnership created a document that will undergo extensive public review in a process similar to others noted above. Many interest groups will be included: the Town of Oro Valley Historical Commission, the Parks and Recreation Advisory Board, Pima County, the Tohono O'odharatin, property owners in the surrounding areas including the current owner and nearby neighborhoods, and the general public. 16. Describe why the project is an enhancement and how it relates to the transportation infrastructure of the community, region and/or state. Describe how this project will benefit the community and improve existing conditions. Why should this project be funded? (Answer all three parts in detail). The project is an enhancement because it provides a Cyclist's Way Station along the major existing bike and pedestrian facilities along Rancho Vistoso Boulevard. RVB is part of the route for the major national Y bic cle race, El Tour de Tucson, and many cyclists uRVB as part of their training regimen. Providing this Cyclist's Way Station acknowledges the high value' f cycling to the community. There will be parking facilities for bicycles so that cyclists can access the 14-acre preserve, and the preserve will be linked to a network of existing hiking trails. This project will enhance bike and pedestrian access between the important prehistoric and historic interpretive resources in Oro Valley: Honeybee Canyon Park, HBVAP, Steam Pump Ranch, and Catalina State Park. ADA accessible walking trails'wilt be constructed on the site surface. Interpretive facilities will be located at the entry to the preserve. Ramadas and a restroom facility will provide shade, water and respite for bicyclists and visitors to the preserve. Funding this project will help demonstrate that a partnership of multiple jurisdictions and future users can create positive approaches to growth and development in the State of Arizona and provide benefits to the local and regional community through the: • promotion of distinctive natural and cultural resources that enhance local community identity; • creation of an example where development and cultural resource preservation are compatible; • encouragement of cycling through the provision o .the Cyclist's Way Station; and, • expansion of the Town's multi-modal transportation system. J Important Basic Criteria for all TE Projects p A. Project eligible under one or more of the 11 Transportation Enhancement activities listed in TEA-21 B. Proposed project is related to Surface Transportation C. Project over and above normal transportation project?(Typical mitigation type activities such as landscape restoration and permanent erosion control are a normal part of a transportation project and are ineligible) D. Project sponsored by a government entity E. Project is consistent with sponsoring agency's plans F. Project will be scheduled to go to bid within 3 years of acceptance G. Project matching funds available(Minimum 5.7%) H. Project sponsor has the resources available to develop the project(Including local project management) I. Completed project will meet applicable Federal, state and local requirements 6 ROUND 13 J. The completed project will be open to the public during normal business hours at no charge and meet the accessibility standards of the Americans with Disabilities Act K. Project will improve air quality or have a neutral air quality impact? 17. Approval of Authorized Official (Sponsor) This project has the concurrence of the sponsoring agency, is consistent with the agency's plans and meets all of the basic criteria listed above,which are required by the state of Arizona's Transportation Enhancement Program. Agency/Jurisdiction TOWN OF ORO VALLEY Day: June 10, 2005 By: State projects must be signed by the appropriate District Engineer. NOTE: Projects that involve historic buildings or structures, or which: are within or adjacent to historic districts, should be reviewed by the State Historic Preservation +office (SHPO), preferably k the application is submitted to the MPO/COG. 18. Endorsement of Metropolitan Planning Organization/Council of Governments This project' has been reviewed and endorsed b : Y MPO/COG Date: APPENDIX... ... The followingitems are required and muste d to 8 /2"X 11" q Local government resolution •pprovinc roject application and cash mafch. Provided. 1 MAP OF PROJECT AREA RE UIRED ....::.:... TwoProvided: ...........:.::...................... 1 Honey Bee Village Arc haeological Preserve Conceptual Plan 2. Bicycle and'Pdestrian Routes Around Honey Bee Village Archaeological Preserve LETTERS I SUPPORT (REQUIRED) At lest one letter from the sponsoring agency and one from the District En in : iv letters eer i` to ro�ect . Totl .f five is maximum a lowed. Pro vide` : : :::::::::::::::::: OPTIONAL ITEMS Site Plan (and or profile) Honey Bee Archaeological Preserve Concept Plan (see above) Artistic Renderings Newspaper Articles—provided Other none PLEASE SUBMIT NO MORE THAN SIX (6) COLOR PHOTOS WITH CAPTIONS OF THE EXISTING PROJECT SITE, AT LEAST ONE SET OF PHOTOS NEEDS TO BE COLOR. THE REMAINING MAY BE BLACK AND WHITE. (ORIGINAL PHOTOS OR COPIES ARE ACCEPTABLE. ALL PHOTOS SHOULD FIT ON NO MORE THAN THREE (3) PAGES. PHOTOS SHOULD BE A MINIMUM OF 3"X 5", MAXIMUM OF 4"X 6".) Provided. 7 r ._.,- .�,..c,,,,- . ,q,..._. "'4'T"«'8,r-„-.. `,�-r.:.+;...,.,y.. .S'urbu-rban -..._..�... Y-•e..�.r ' ,r.. .... y, ill .. - ....7:;; k't4 r { s,r ��r}`'� »rte{ �a `�:` 5r ° trt -s. u� '�rlitm • kw,.'( „vyt•x.. ,�`a,r .Fta t t* � ,. 'ro�. ri , ' '4,,Litytt* , �,ilif,,-,", '"'.- t. , path #o Honeye Trail�a:.. t:6- �P '�_:.. �f �Af +« 'S` '1t {} iF stlk T" es. 'P' P '* * r'Makj.' tar � . �.� � Power tine.Tra�I.aloeM• oorbRoa k • . - w � sk �p .�*44"'"*N11,4',..- +� k! � "`i`xkry"�« i i ',Ai,. ,,.r,+.r ` •r.�; vAa,�•'` G '�` � '�t°;�:d� „,,,,11,-,..,..$ ,# sfNt1, '� � "� �.w ?�,J;r:.'�r `.4,,,,, 45,7,-,',;.:-?::: �t " �. .,.^✓`,..'-,t.,, *t .---,-,. kw ,,.."-\",„-„4,..� ��. � •�w °.* Yro r .-.��.w^.,� £� e r. �, + :< w + t i \.,--,, t .-. y, ' • ;.,.,. `',..„--1."..�a' i •e- .fit ,�tw. _ a ` c a, '�`- r s �'^'"'^' ' J '.-,,,-..,.--;•-,44."4/,/ .°,'�;.r r r�ii, a• x.. y� � s '3.'e # F .a "k �` { �y'^ r A r' , ,jh';'r l'r1,„.'.r''>'''t 1 F"" :alit-144. l,4.,fir * 't . z y�, ""•" , i' r ^aa •4'"y "`°{` ! ki iy,yaM9+c «4"R3 l.. x '�# .. '�"'�+` iIP -'. Interpretive ,w �. :,1:',,,,' � . �#txo #, „ i k ►*-.1r-lolitt-7 f- - It-i. ilo• aii . e t r�`"wv � s'� �.1�•• •N ` 1` �a.���«AFP ''• •:.Y�� 't�« �� ��f�c � *.R �t "•: .y Eltry.. 4eatur _..�....* ,� (,�,,N ,'aye(, �Alt ,....r. 4' a, ,copiks --.-...,...,, v, -... -, - ,, � ��� � •� Hiking TrailrMarntain Off to if,...44,...:,..,',.',..,,,,.1.-E,,,..%..,,..v4tri4ei:*:"1-,. �1 _ ri '", . Aceess Contro I F3S � F'° 6Si , .... �l�ew �ior` dl�'�• ,�� ♦ Bx4., kr^ i �'�4,r ,Feature .� �' . , , � -. 4 ,= ` ,:w'.r11s9• k• y sya:4 ~ ft4 t1Ytm:., _ �` �• `�:r:✓�^'+� y�>t.. Y {:',��`k � �� ik-'{l�+,tjft+ ''! i +,� 1� ?i ,dl,,ey .w.; Rr Parking for • ♦ • `.p�x'!n^t , r3.,'„.i. k ,t'-�:''., ,`1 Maintain«. ' Uffsi.te • �# 15 +}�t'''Bikes shared ,.Mm . 14.4acP, • ,••� View Corridors I o 1` .* wt Commercial . jth*. _ 1 Preserve area ;' . Developwe'ht I$ *Pedestrian Paths ` �. It '� t ~ � `'II s Interpretivel 7;,' A�k „« ..♦ P . Preferr'e't'd'' if:..ftle-11:z:;'44.--•,-..':,x`y � Educational features ��- .Y � ��} • �, , , ,i t�d^i 104- • • J :*♦rte- ' Maintan view t +. - ., ..Fi.Y'�' ` ► ,,•._� ” Nik:n .rr Shade • ,¢�. "� g ,� a ��. , ;` i , , co corridor from r't *seating a�/,,,1 ''''*&---',.,�- Y "�TCaI �. ` Y r P yt t %,,,,,,,, , �� 7r • :;i4,-if:- R >IP��i' '. "�'� .a."..a"ry •{S�':�jqs"°'! 11 '1kN.'e ' `.u" ,x .r 14, t.Y �# 4 �" ,,-. A �AkA �( '"Y.1` fit{.1- r t s 1, ,a t .4,, ( r,,,,,, r�� t�lrrt ��' �t ~ , ..,;',,,::7{,.. .#to.', .,.** r� �* CRY'R4 w ,r+A jt ,�t.Age,,. � law masons walls on - : Lin k ... ' { 'rx , 1s♦ ",,,,,.., i x i *�*wift eti'� �iwlxi t WY ,�- adacentadevelopment ' ., _ ra �'�"F�� .,f Alt #3 - ..-,--.41,,,,,,-- , - $ a Amenities wit hin Hiking Trail . x . } ,}. r,i- .,..A.:0 %" ,'° i� 14. 1 .- .t t4, tr �' '`'R r'tx' r9 . Y • eve opment ,., . � k • ,,F, : ...„0.4. �' . •A► water "Kt . , • • • m ,ur�tY �r t'''''''''''t 41:::''''' 1 .* r,e s t r o o m s Marr,{as f5 * 4, ; k ar't .a'!< t* r { .�....--,2::, -% t 't#%....:_- ,its. r,. . • x ' i" • r 1 Mn _,00l er retive display = r ' .' ,�;,' : '',-,,. .. 4,0,,,,.„.24) -,,... ' ' -,v„w-.44: +. r�l 7RY•1N•N i �,,,., «, trio-Y A '.� • ,.� � a.1 ������,t1 (Y ��yl� ���,.�� �'.*g g�-��`v� , ,r,,,,, ,,,,e, ,,, -.../V4,,,,, ji* \Iv ' Pawklx LNft rt'►! - -- r, .7 w.: 4f" T i - " :� 3 reconstruction le • =k , � , �, ' t� 0d rr rz:— , 1,_:, " Y ,1- 1 yg s J a + ,, �:. m « *•, > fie '*. r �.rrr.rrii.*r ts�•tr�t7r�tr.Rrltr•.w•.r••r�4 Nr.•�• * ;•'7f fat: 1, . .. N'AF►MjP �`fi ^T'". ."s�t iy. `Y �:OP S� _P. J #El it t�Y„�. r�'t+�-.it,•''M. 4 '`t < „ r t $ O k 3 t ,,! "t``*a x w. '''::,11*--..'"' ".#s ,,,, '. tk ,e'ir*« { ir A. 1011 frt:,ci!!'st5 t."ac!tar,k{r �ttr,i ;E." 11,'""" « 1,�"♦ r _ _ ,a"i i -s'sp a,fir'",' .;,,,,.t.„.„ .., „,, 1 �rtEc{pxcfivC E,,,,,,,..-'C kaq, su,,. o* £' ;� 4 Y Y -It ` Y..� a � ki i. Y F "td ,p'� t'�:..„ { '". 911in•� .Y°k likr�„k+a�. r !” t ra . "..%,„,t*: ,,�{"":, r ,'4' x" _ 4 .. .. ry >... � . :t.+� ra. �ib 1.F. Feet 320 ` Honey Bee Village Archaeological Preserve "' "'n Conceptual Plan w..ByDesign cwt.,rd..s«.., r)ESIMR r nrte rn OLO6Y,INC. Ltr.—,....... aro.,,,,,,....,,,.;, 4wu v.w Pi w:.r:a:Wb Photo 3: Conceptual plan for Honey Bee Village Archaeological Preserve illustrating access to bike routes and hiking trails. i r PINAL CO. EEDWIN RD NlImar PIMA CO. J� _. Catalina m - J i, 1 s i ( Ze /" E MAINSAIL BL I i \---1 I ) s Tortolita CATALINA E HA R ST Mts. , ,y; , 1 -----A,i- if ,___ E GOL 0-twRANCH DR s, --'s I 3 ,' . % , ,(,‘>,_, , X 1 \ , ,i-;,.',.-...-.. , 4 , ,, ....4 , - vi -4 - r—, —I ,e" , i ) 17,1,' 2 ----- ; t 2 E ROLLINS RD 4O ,,, I E ROLLINS RD J qq .:".‘" il f z r l t' .,/,‘ ��� ` S,.�..... Z ..,............), \, f, / - ,4 o N 1 p 1 Honey Bee _� v__ r I 4 __ i2 '� Canyon otio �.• r O _,_ , „ No 20 .x Park t w o j `oso #`'o - ,``- ,�,I Santa , o a ii ...„,,ij ,, i 1 No . ' ! > Catalina `-' is, Bee C. Mts. -- Z ;-) r' i,\ Village Preserve Catalina W MOORE RD 9/ State ri F. r Park C ' / ORO VALLEY „,I' j I --A, -,-----) /,-'1” ' 1 N-<:// ; °- -' ` E TANGERINE RD CJ4d‘i z� / ., ` ` W TANGERINE RD S ,...,.•.---,,i7 �_ 1 � 1 y 1 1 t, '_ - r3L-,,, \t„, //7 7 \ :,\ _ i , '''' i ' i,__4.--_, ,/ ift- lc \ ( ---, —, , ___, i� ), ,-, ,t___, z t' ) ,r'V l ,; Catalina State Park Entrance %.4.---2.„.. m,_ 4 ,,,,,- W NARANJA DR 1 c , i 7„,---4,,.‘>-, o` I Z Steam Pump Q Canada del Oro Ranch 6 Riverfront .-'° Park . �.' ---1� WLAMBERT , �, � U �' PUSCH RIDGE WILDERNESS AREA P--' Pusch Ridge 1 -r--:,,,,/7----- A Bicycle and Pedestrian Routes MI Around HoneyBee Village Existing Park g Kilometers Archaeological Preserve ® Pima County Bond Funded 41Ik 0 1 Bike Path ti Miles Tucson,Pima County,AZ o 1 •••..••• Planned Bike Path Basemap derived from Power Line Trail Pima County Land Information System Inc. UTM Projection Zone 12 NAD27 ,� -. . . — — . Other Hiking Trail (j.10 Desert Archaeology,Inc.) ,k-k-EY qTOWN OF ORO VALLEY o � sk3*ha�s (.1 COMMUNITY DEVELOPMENT DEPARTMENT 0 Planning and Zoning•Building Safety I PP 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 "" Oro ValleyPublic Library rY 1305 W.Naranja Drive,Oro Valley,AZ 85737•(520)229-5300•Fax(520)229-5319 ..x Parks and Recreation °U680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 NDED June 9,2005 State Transportation Enhancement Review Committee 206 South 17th Avenue Phoenix,AZ 85007-3213 To Members of the Committee: This letter demonstrates my support of the Transportation Enhancement Project application submitted by the Town of Oro Valley,the Honey Bee Village Archeological Preserve Interpretive Walk and Cyclist's Way Station project. The project builds upon the Town's existing bicycle,pedestrian,and trails system,while at the same time incorporating a historic site previously unavailable to the public. The Town of Oro Valley's bicycle routes are an integral part of the Tucson-Pima County bikeways system. Cyclists from across the United States come to the area to train and enjoy the Arizona weather. The Rancho Vistoso (RV)Loop,the major bike route adjacent to the project area,is an important part of many cyclists'training routes year round. The RV Loop is also part of El Tour de Tucson,one of the largest charity cycling events in the country, taking place in November each year. The plans for the Cyclist's Way Station adds several needed features for cyclists that are rare in the Tucson/Pima County area and that do not exist in Oro Valley—benches,shade,bicycle racks, access to water,and restroom facilities. For bicyclists on a long ride,or for families seeking a respite from the sun and heat,these features will enhance their experience. In addition to the amenities to be provided for recreational users,this project also offers a unique glimpse into the Town's past through the archeology of the Honey Bee Village. Through its planned interpretive walk and other future amenities such as trails,the entire site offers an unparalleled educational opportunity for both visitors and residents alike. The Honey Bee Village Archeological Preserve Interpretive Walk and Cyclist's Way Station will create a unique partnership between historic and recreation interests. This project will add tremendous value to the community and to the quality of life for both residents and visitors of Oro Valley. Sincerely, ttCPAA, 6,,„ Nancy E.Ellis Bicycle/Pedestrian/Trails Coordinator Town of Oro Valley Parks and Recreation Division 680 W. Calle Concordia Oro Valley,AZ 85737 www.townoforovalley.com Thomas Honebrink 500 West Golf.View Drive Oro Valley,AZ 85737 June 9, 2005 Arizona Department of Transportation Arizona Transportation Enhancement Program Re: Honey Bee Village Archaeological Preserve Dear Members of the Transportation Enhancement Review Committee, The Town of Oro Valley has a long-standing commitment to bicycle and pedestrian issues as is evident in the town's codes,general plan and particularly the Parks, Open Space and Trails Master Plan. One of the primary goals of that plan is "to create a system of pedestrian trails/walkways, equestrian trails and bicycle facilities that not only function as recreational amenities but can also be used in conjunction with alternate modes of transportation". The residents of our community continue to support efforts to further develop such amenities and the supporting infrastructure necessary for their use. The success of the recent Pima County Cultural Resources Bond is a visible cue of the willingness of our residents to fund programs that they determine to be of value. Furthermore, the inclusion of our community as part of the feasibility study for a Santa Cruz Valley National Heritage Area underscores the value o f the J y� underscores ori�.i�.vi�.�1 value`. V l.11\r all.C1.s7 J Heritage resources and the need to provide our residents with access to them. The Honey Bee Village Archaeological Preserve is an opportunity for a multi-disciplinary approach to incorporating many priorities of our residents. Effectively, the town could successfully integrate bicycling,pedestrian, open space, recreational, cultural and historical components into one gem of a location. The Rancho Vistoso Boulevard corridor is already a centerpiece of the region's alternative transportation and racing communities as it is home to the El Tour de Tucson bike race, the Cactus Classic inline skating marathon, and the Arizona Distance Classic half marathon. The visibility and accessibility of the Preserve's way station will serve it well, and the benefits will extent not just to Oro Valley but all of southern Arizona. Funding for the Preserve's bicycle way station is well deserved. The return on the investment to the community will continue into the future as generations use and enjoy the amenities of this special site. The Parks and Recreation Advisory Board wishes to thank you for your consideration of this landmark opportunity to improve our community. It is an opportunity not just to add another amenity to the town, but also is a vehicle to continue to encourage cycling and other alternate modes of transportation to improve everyone's quality of life. Respectfully, Thomas Honebrink Chairman, Oro Valley Parks and Recreation Advisory Board w'�• r Ar'.:-�...: .K 4,4;.„,...,',.: ', ' hgL ."'k,$�.�y¢,-+' `' :in': -'77,':---..-,,,,,:,x-,,, -# '• bV+'x:„ - ,te C -— ,..,_ $yea.,, r..a ,qW„ may..�, +�+'%�• •�+ :s ..xa{,s" "`t s.r `;ar.,0�•*.�, , .,.. K 11, -.7-„,E4- .,„, ,-.,-*0.4,-..----*,,, a ,.. a ., ar x. ' 'y1. Y.s^r " � x •. ,:,,,,;,,,,d.,,,,,_,,,,,, + " r .rt p� y YRe e.,e ;,......c.,-4.....---, J• "M3� » `� • �r"" +s., �� ��� „�„, `3"` �°`,:‘,..r4,- � .� rte^: » ��''i*'" ���,.tea`:�'*�'�, , � ' .�":""' � �'� ,.�.- ; -' y.'k •":y.: •'�..,.fir«,,,,,,T; . ",,,. u» ,. ,�, »` , - ..*: i^,. g '.�r ?'fir-, �" '+"�, i,/� _ -:. :. s,- a+.i ,-"• ;' , : „ ._.. '" ''�''�° K, -,�,•�r`�-^"'-..�..r,wx':�i "�'w '�d -rfL , � '1i, � ��':.i'� ti` ,i"i�r,��r r > 4 .g-*Y -,,,,,,,-,-,,,,- „1:-,.-'� S 41'.,t1,,„„,' so*Ave,-,'-'' '-'1,.../*pit ,ismisir, ' '-/ ' ''''' -* .''*---.''' "Ir'7 ')w'2,*':`;..) ''' ' ' - , r r . '''':- - t—..Z. 4 ..-V ��t r t u . �I w Y R.#.K ... tr.,.., . M" s yllf r ii a M N T 0111 r- .+.. • ,Ar. ' — a - +` ./,•„ , ,. ti. y1 m 9l �+w/ a«ii i T"�'�M ," + '.++► .. ' _ i-,,,,,,,,,,......,..„7,,,.,._ s • "•`.. . * 4.0 4 �+F ° a lit.— F .ice �� � i. �i "• a�x- �~ • y ¢~ n • x • L.,../1.# �, r P�M �• �� _. ,..._�... � ' +�4•'.Y I?i4# 1x»_ P# w�' . «;'4.- * Ate. ' 3a 7 ' liiitl'' ***:. '--' - * ' ' d-Nro,,..,..,_,.. . w '' t 4::' . ' , v / IL,' ' ' ,Aor ,000,-- _,—.441rA',. Not ;11,,,'', - 0-74 3 .R • - y y s_, +. 4,-,, , , . ...1 .„, ,,0;tirs ,4 W r.. ,,,,,,,:,..1.42..,,,y7,,,,,,;„),.....-,,,,,,,,,,-.16„- , i- ♦ .,",,2,1,,,.,:41.,.4 '2' 'r, x» - `Ae ,.. _, : :ill .i'.,'':**AX:',':4 !fir_ is . , _ . ..,.....t.... -,;.--i 1-,,,,......�si /4^. ri.i1.��1 P.» wW ' . .r a iY ^iix .�'C"i <k c Photo 1: The three-way intersection of Rancho Vistoso Blvd. and Moore Road is at the center of this photo. Access to Honey Bee Village Archaeological Preserve will be from Rancho Vistoso and from the planned extension of Moore Road. �* -�3 2 '- ,I ,mteek 0� f , :' rte kS,G' ��5�,tt �- ar -'„r°� {x . � `,-,gs fx d+" ,, t," ; re � .r Y Y ; ,k - a -tE- ', "=�a a' k „ k5,,� rx �,g> rF. , , , ,, ," ' ,� , z,;,`-` V" 0� rpr-'''t'''''''''''4,1''' ur x : ,. ' � 'r fidS• k ` » ahaw �" > �� a �� % �£' g,','''''''-'1144,:,,,;;;',';;;;I:';'„'", n 6`- :-.1',4-',.!4;,1,0,$;-•41:01.414.11:47,104141t. ,,-, —-:'''''' ,,,. ij,''',,,'';',1 j -,:,4,,,,,,,,g-:,,, "rti Hfi�'r w �W '�,�' A� -,-,.,7,-,/,:r,,,-1,,,,,,„ z,rA Y e�. r r,'�x 9',,.�n'�m'"�r0. $t ii qtr d sY' r,,,i t �'f +�✓ �`' �""�'w a ,,t ,, -,,,4,,,,,: # ,, p 4 6, Y u$, P $: xx Fd' i '� if�nl-,,:s3,--N:„:",.,„, • / vre' ° 7.7 ,A1C,,,, ^ �"fE fig,, - moi, �$ s.'. ;. i a., y. 1 z ' r a 0:,.;;;V::"..,,,,, t, , , .,, 40010111i! • m >i -.''';'„,t,,,,,..'-'-'4,:`,,, -Ikii , t 4m: •-..,-.4,,,,,,,, .., ',['ava;,4..4— •.♦ 1 F Photo 2: Existing dirt tracks like this will be closed and will form the base for pedestrian interpretive trails through Honey Bee Village, a Hohokam ballcourt site from A.D. 700 to 1250. ESTIMATED PROJECT COSTS BY ITEM. LIST ALL ITEMS NECESSARY TO DEVELOP & CONSTRUCT YOUR PROJECT. THE INTENT IS FOR VALUES TO BE ENTERED ONLY IN THE GREEN CELLS, BUT FORMULAS AND LINE ITEM DESCRIPTIONS CAN BE REVISED AS NEEDED, AND NEW LINE ITEMS INSERTED, TO TAILOR THE ESTIMATE TO THE PROJECT. TO AVOID ERRORS, USE CAUTION WHEN REVISING FORMULAS AND SPREADSHEET. THE PROGRAM WILL AUTOMATICALLY CALCULATE THE TOTALS AND PRO-RATA SHARE. USE THE PERCENTAGES FOR COSTS BELOW AS A GUIDE ONLY, AS THE TYPICAL PERCENTAGES SHOWN IN THE LINE ITEMS WILL VARY DEPENDING ON PROJECT SIZE, SCOPE, LOCATION AND OTHER VARIABLES. THIS SPREADSHEET IS PROVIDED ONLY FOR THE CONVENIENCE OF THE SPONSORING AGENCY. THE APPLICANT IS RESPONSIBLE FOR VERIFYING ALL COSTS AND THEIR ACCURACY. CONSTRUCTION COST OVERRUNS WILL BE THE RESPONSIBILITY OF THE SPONSORING AGENCY. LOCAL PROJECTS: PLEASE NOTE THAT THE STAGE 1 COSTS SHOWN BELOW ARE TO BE FUNDED BY THE SPONSORING AGENCY AND ARE NOT ELIGIBLE FOR FEDERAL REIMBURSEMENT. (This spreadsheet is intended to be used with Microsoft Excel Version 2000 and may not convert properly to earlier versions of Excel.) SPONSOR FEDERAL TE MATCHING UNIT FUNDS @ FUNDS @ ITEM DESCRIPTION UNIT QUAN. PRICE TOTAL 94.3% 5.7% STAGE 1 —SCOPING (15% Preliminary Design) SCOPING COSTS (Costs of the following items cannot be applied toward the federal participation or local match) SITE TOPOGRAPHIC SURVEY(2%-5%of constr.cost) LS 0 0 0 (Enter$0 in Unit Price column if none required) SCOPING DOCUMENT LS 0 0 0 (Scoping Letter, Project Assessment or DCR) ENVIRONMENTAL DETERMINATION LS 1 10,000 10,000 NO ENTRY ,Including technical supporting documents) HAZARDOUS MATERIALS ASSESSMENT Including heavy metals&asbestos(If an assessment is necessary, LS 0 0 0 anticipate$1,500. Enter$0 in Unit Price column if none required) SUBTOTAL—PROJECT SCOPING COST $ 10,00 STAGES II, III, IV- DESIGN (30%, 60%, 95%-100% Design) DESIGN COSTS Note: The use of federal funds for design is optional and subject to authorization. Design should not go beyond Stage II (30%) without environmental approval. PS&E's-Plans, Special Provisions, Cost Estimates& Schedules(10%-20%of construction cost.) LS 1 45,420 45,420 (Shall be refunded if project is not constructed) GEOTECHNICAL INVESTIGATION (If a report is necessary, anticipate 5%of construction cost) Includes testing, Geotech Report, Materials&Pavement Design LS 1 0 0 Report)Enter$0 in Unit Price column if none required. NO ENTRY DRAINAGE REPORT(If a report is necessary, anticipate 5%of construction cost)Enter$0 in Unit Price column LS 1 0 0 if none required) STORM WATER POLLUTION PREVENTION PLAN (Required if there is over 1 acre of total disturbance, 1% LS 1 0 0 of construction cost)Enter$0 in Unit Price column if -one required. SUBTOTAL—PROJECT DESIGN COST If requesting federal funds for design,enter up to 94.3%of the total design cost in the federa $ 45,420 42,831 2,589 column. Otherwise, enter$0 in the federal column. Cost Estimate, Page 1 OF 4 SPONSOR FEDERAL TE MATCHING UNIT FUNDS @ FUNDS @ ITEM DESCRIPTION UNIT QUAN. PRICE TOTAL 94.3% 5.7% 7 STAGE V—CONSTRUCTION SITE ACQUISITION & HARDSCAPE CONSTRUCTION RIGHT-OF-WAY ACQUISITION(if necessary) LS 1 0 1 0 0 INSTALLATION OF STORMWATER POLLUTION PREVENTION MEASURES(If over 1 acre of disturbance, LS 1 0 0 0 5%of constr.costs)Enter$0 in Unit Price column if area of disturbance is less than one acre. SITE PREPARATION (Clearing and grubbing, plant salvage) LS 1 3,000 3,000 2,829 171 DEMOLITION /���������������������������������������������� Sawcut LF 0 10 0 0 Remove Structures and Obstructions LS 1 500 500 472 2• Remove Fencing LF 0 10 0 0 Remove Structural Concrete 0 500 0 0 Remove Asphaltic Concrete Pavement CY 0 5 0 0 Remove Concrete Sidewalks, Slabs 0 6 0 0 HAZARDOUS MATERIALS ABATEMENT(If applicable; include heavy metals&asbestos; 5%of construction LS 0 0 0 0 cost)Enter$0 in Unit Price column if none required. UTILITY RELOCATION(If necessary)(Only the cost of utilities needing relocation as a direct result of the enhancement project are eligible for federal reimbursement. Because of the costs involved,the LS 1 0 0 0 ndergrounding of overhead utilities is not eligible for federal reimbursement and must be funded 100%by the sponsoring agency.) RETAINING WALL SFF 0 45 0 0 (Concrete; SF of face above the footing) EARTHWORK General Excavation 500 5 2,500 2,358 14 Drainage Excavation 0 15 0 0 Structural Excavation CY 0 50 0 0 • Structural Backfill 0 100 0 0 Borrow(In Place) 0 10 0 0 CURB&GUTTER LF 0 12 0 0 AGGREGATE BASE CY 0 30 0 0 • PATHWAY OR SIDEWALK MATERIALS Concrete 4 0 Decomposed graniteSF 40,000 2 80,00 75,440 4,561 Stamped Color Concrete 0 6 0 Precast Concrete Pavers 0 8 0 Asphaltic Concrete Ton 0 50 0 CROSSWALK ENHANCEMENT ���������������������������������� / � ������������� Concrete Pavers 0 10 0 0 Stamped Asphalt 0 6 0 0 Stamped Concrete SF 0 8 0 0 Concrete 0 4 0 0 Integral Color Concrete 2,500 6 15,000 14,145 85" EDESTRIAN ADA RAMP SF 100 12 1,200 1,132 6: CULVERT EXTENSIONS LF 0 135 0 0 Cost Estimate, Page 2 OF 4 SPONSOR FEDERAL TE MATCHING UNIT FUNDS @ FUNDS ITEM DESCRIPTION UNIT QUAN. PRICE TOTAL 94.3% 5.7% 'PEDESTRIAN LIGHTING (Includes conduit and trenching)Street lighting is not Each 0 2,500 0 0 $ eligible for federal reimbursement. HANDRAIL 7����������������������������������������������������������������������������� StandardLF 0 20 $ 0 I Decorative 0 50 0 0 i SUBTOTAL-SITE ACQUISITION&HARD CONSTRUCTIO $ 102,20$ 96,375 5,825 LANDSCAPING & IRRIGATION ITEMS TREES (Above 15 gallon in size as required per local code or Each 10 150 1,500 1,415 8: special design requirements) TREES(15 GALLON SIZE) Each 15 75 1,125 1,061 6, TREES(5 GALLON SIZE) Each 0 35 0 0 I SHRUBS(5 GALLON SIZE) Each 40 20 800 754 4: SHRUBS(1 GALLON SIZE) Each 60 8 480 453 2 CACTUS(5 GALLON SIZE) Each 0 35 0 0 I MULCH 'V������������������������������������������������������������������������������ Decomposed GraniteCY 50 50 2,500 2,358 14 Organic 30 35 1,050 990 60 TOPSOIL CY 20 35 700 660 4$ SEEDING Acre 0.25 3,000 750 707 4 TURF SOD SY 0 4 0 0 0 BOULDERS Each 15 250 3,750 3,536 21 IRRIGATION SYSTEM V ����1RT��C�1'�j ����������������������������� Drip SF 1 6,00 5,658 34. Turf 0 1 0 $ SLEEVING FOR IRRIGATION SYSTEM / ��������������/�������������� Directional Bore LF 1 0 100 0 0 I Cut and Patch 0 80 0 0 0 LANDSCAPE HEADER CURB LF 0 7 0 0 0 LANDSCAPE ESTABLISHMENT LS 1 839 839 792 4:• (Typically 4.5%of the cost of landscaping) SUBTOTAL-LANDSCAPING&IRRIGATION ITEM $ 19,494 18,38 1,111 SITE FURNISHINGS BENCHES Each 12 800 9,600 9,053 54 SEATWALLS LF 0 75 0 0 0 BIKE RACKS Each 6 350 2,100 1,980 120 TRASH RECEPTACLES Each 4 250 1,000 943 5 DRINKING FOUNTAINS Each 2 3,000 6,000 5,658 344 SIGNAGE(Interpretive with research) Each 5 2,000 10,00$ 9,430 570 PUBLIC ART Each 1 29,000 29,000 27,347 1,65 RAMADAS Each 2 10,000 20,00$ 18,860 1,14 RESTROOM Each 2 15,000 30,001 28,290 1,710 SUBTOTAL-SITE FURNISHING` $ 107,70$ 101,561 6,139 OTHER CONSTRUCTION ITEMS(List) LS 1 $ 0 0 '7 A SUBTOTAL-CONSTRUCTION LINE ITEM' $ 229,39 216,319 13,075 Cost Estimate, Page 3 OF 4 SPONSOR FEDERAL TE MATCHING UNIT FUNDS @ FUNDS @ ITEM DESCRIPTION UNIT QUAN. PRICE TOTAL 94.3% 5.7% MOBILIZATION AND ADMINISTRATION COSTS CONTRACTOR MOBILIZATION (Typically 8%of LS 1 18,352 18,352 17,306 1,046 construction cost) TRAFFIC CONTROL(0-8%of construction cost) LS 0 0 0 0 0 CONSTRUCTION SURVEY&LAYOUT(Typically 1%of LS 1 2,294 2,294 2,163 131 construction cost) CONSTRUCTION CONTINGENCIES(Typically 5%of LS 1 11,470 11,470 10,816 654 construction cost) CONSTRUCTION ADMINISTRATION (Averaging 18%of LS 1 41,291 41,291 38,937 2,354 construction cost) SUBTOTAL-MOBILIZATION&ADMINISTRATION COST` $ 73,406 69,222 4,184 TOTAL STAGE V COSTS (CONSTRUCTION (Enter this amount in Box A below.) $ 302,801 285,541 17,260 .. ............................................................ .. ........................................................... ............................................................ ADOT RVIEW FEES(Cannot be applied to the fede ral On local Certification local m Cert a participation ation or the oca match. 0oca 1 5 000 Acceptance or Self-administration projects,change to LS $ $3,000) ............................................................ .4 ............................................................. ............................................................ TOTAL PROJECT COST (All subtotals +ADOT review fee) 363 221 .. = SUMMARY OF FEDERAL AND LOCAL FUNDS TOTAL STAGE V COSTS(CONSTRUCTION)FROM THE ESTIMATE ABOVE,AND DESIGN COSTS IF REQUESTING FEDERAL FUNDS FOR DESIGN. X $ 348,221 (Includes design costs(Stages ll thru IV) if federal funds are requested for design as shown under Design Costs in 0 CO the federal column above.) TOTAL FEDERAL FUNDS CAPPED @ 94.3%(.943 x amount shown in Box A above). CO Note: For local projects,the maximum federal funds that can be requested is$500,000($1,000,000 for state >C $ 328,372 projects). If the amount shown on 13b exceeds this amount,change the entry to$500,000($1,000,000 for state 00 projects). TOTAL SPONSOR MATCHING FUNDS(.057 x cost shown in Box A above). Note:The maximum amount C) that should be shown on this line is$30,223 for local projects($60,445 for state projects). If the amount shown on X $ 19,849 13c exceeds this amount,change the entry to$30,223($60,445 for state projects). CO 0 TOTAL SPONSOR ADDITIONAL FUNDS(OVERMATCH).Enter the amount in Box A in excess, if any, of X $ $530,223 for local projects or$1,060,445 for state projects. 0 CO TOTAL SPONSOR FUNDS(Sum of Box C and Box D). X $ 19,849 CO Cost Estimate, Page 4 OF 4 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 3, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Robert Conant, Senior Planner SUBJECT: RESOLUTION (R) 05- 53 , OV7-01-09, DECLARING PROPOSED REVISIONS TO THE CHAPTER 23, ZONING DISTRICTS, SECTION 23.8, PROPERTY DEVELOPMENT STANDARDS FOR NONRESIDENTIAL DISTRICTS; CHAPTER 25, USE REGULATIONS, SECTION 25.1, REQUIREMENTS FOR SPECIFIC USES; AND PORTIONS OF CHAPTER 22, REVIEW AND APPROVAL PROCEDURES; CHAPTER 24, SUPPLEMENTARY DISTRICT REGULATIONS; CHAPTER 26, SUBDIVISION AND DEVELOPMENT PLANS; AND CHAPTER 31, DEFINITIONS, AS A PUBLIC RECORD SUMMARY: On June 7, 2005 the Planning and Zoning Commission recommend approval of an amendment to the Town of Oro Valley Zoning Code Revised (OVZCR) to restructure regulations for commercial uses within the Town of Oro Valley. Other chapters of the Oro Valley Zoning Code Revised are also recommended to be amended where conflicts occur with the amendment stated above. The aforementioned resolution is to establish the subject amendments as a matter of public record. FACTORS FOR: 1. The restructuring of the code for commercial is made more user friendly. 2. The amendments create a streamlined approach for processing commercial uses. FACTORS AGAINST: None SUGGESTED MOTION: I move to adopt Resolution (R) 05 -5 declaring proposed revisions to the Oro Valley Zoning Code Revised that include Chapter 23 Zoning Districts Section 23.8 Property Development Standards for Nonresidential Districts and Chapter 25 Use Regulations Section 25.1 Requirements for Specific Uses, as a Public Record. ATTACHMENT: Resolution (R) 05- /4, , 53 Pla •14, d Zoni►=Administrator Com it Development Director f :41,W / . Town Manager RESOLUTION NO. (R) 05-53 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, DECLARING PROPOSED REVISIONS TO THE ORO VALLEY ZONING CODE REVISED THAT INCLUDE CHAPTER 23, ZONING DISTRICTS SECTION 23.8, PROPERTY DEVELOPMENT STANDARDS FOR NONRESIDENTIAL DISTRICTS; CHAPTER 25, USE REGULATIONS SECTION 25.1, REQUIREMENTS FOR SPECIFIC USES; AND PORTIONS OF CHAPTER 22,REVIEW AND APPROVAL PROCEDURES; CHAPTER 24, SUPPLEMENARY DISTRICT REGULATIONS; CHAPTER 26, SUBDIVISION AND DEVELOPMENT PLANS; CHAPTER 31, DEFINITIONS, AS A PUBLIC RECORD BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL, that the document entitled Resolution 04- declarin roposed revisions to the Oro Valley Zoning Code Revised that include Chapter (R) , declaring 23, Zoning Districts Section 23.8, Property Development Standards for Nonresidential Districts; Chapter 25, Use Regulations Section 25.1, Requirements for Specific Uses; and portions of Chapter 22, Review and Approval Procedures; Chapter 24, Supplement District Regulations, Chapter 26, Subdivision and Development Plan; and Chapter 31, Definitions, as a public record, three copies of which are on file in the office of the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 3rd day of August, 2005. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Date APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Date TOWN OF ORO VALLEY ZONING CODE EXCERPTS FOR COMMERCIAL CODE AMENDMENTS ORO VALLEY PLANNING AND ZONING DEPARTMENT 11000 N. LA CANADia DRIVE ORO VALLEY, ARIZONA 85737 (520) 229-4800 AUGUST 2005 CHAPTER 23: ZONING DISTRICTS Section 23.8 Property Development Standards for Nonresidential Districts Section 23.8Property Development Standards ��� Nonresidential Districts"~^" A. C-N Neighborhood Commercial District 1Limits re�te Uh 0OOO �refe�� 4�2 Bui|ding Height If a contiguous residential district has a more restrictive height atondard, the building height shall conform to that more restrictive standard. Architectural elements such as bell towers may exceed this limitation b/ nomore than ten (1O') feet, subject landscaped courtyard or mall with buildings enclo_sir_gi thecourtyard and oponinQ_onto thecourtyard from at least...two sides,. b. The courtyard or mall should contain all oro portion of the fectuired....public_art. 0. The courtyard r mall shall be_a minimum of two (2%) percent of the nel lot area of the square feet which shall Leuconsidered to be_pxar1of the required open d. The courtyard/mall reQuirement may_be waived by Town Council based on ssuitable alternative design solution being presented to the Development Review Board and Town Council. 2A. Yards and Setbacks a. Front Where adjacent to a residential dimtriot, the front setback regulations of the residential district shall apply. CHAPTER 23: ZONING DISTRICTS Section 23.8 Property Development Standards for Nonresidential Districts ii.All areas between a building and a street frontage, open space. Where parking occurs between a between the street and the parking shall be maintained in a landscaped setting. The depth may be decreased to a minimum of 20 feet with Development Review Board approval, using one of the following design elements: a)Depressed-pad b. Side and Rear Setbacks i. 50 feet and 3:1 (setback to building height) where the lot abuts a single-family residential district or abuts an alley that is adjacent to a single-family residential district. ii. 25 feet where the lot abuts a multi-family residential district. Retail Sales Hours of Operation a. Service and delivery operations are allowed only between 6:00 a.m. to 9:00 p.m., Monday through Saturday_.and__700 a.m. to 7:00 pm._.on_Sundays The -hours of operation for retail sales in---the-6-N--D-ietr4ct are restricted to 6:00 am to 10:00 pm. b.__ .Ho_urs of o.peration�may_.be-extended rrvith__a_.Conditional Use Permit. c:._._............... The property at the southwest corner of Lambert Lane and La Canada Drive is covered by a prior development agreement and is exempt from the hours of operation requirement. B. C-1 Commercial District 1. Floor Area Limits _no__^greater_than_.60=000.._sgyare...._feet..__of gross floor area per individual business. n._ _Expansions^of uses_.beyona_Q.UUU-sctua-re I et.o.__gross floor_area._per_ind.iv_id_ual business may-..be_alloyred with_-_a Conditional Use Permit. Zoning Code/Oro Valley AZ May 2005 117 CHAPTER 23: ZONING DISTRICTS Section 23.8 Property Development Standards for Nonresidential Districts Architectural elements s_uch as bell towers may exceed this limitation by no more than ten (10') feet^subject joa_pprpva| �y and Setbacks exoept for access drives and we/hs, shall be open space. Where parking occurs between a building and the street, an area 35 feet in depth between the street and parking shall be -» '^ ^ ^^w -''edaetting. This depth may be decreased to a minimum of 20 feet with Development Review Board approval, using one of the following design elements: o)Depreeaedpo*-irs b)Wall and berm i5O feet where the lo -w. ~ '~w ~ -~' ~ 'o~~ '- '~w ~ .^"* a 'wentie| dimthot. district or abuts an alley that is adjacent to the . C. C-2 C.2 Commrnercia! District Arch|tectural_elements such as bell towers may exceed this limitation by no more than ten (10') feet, subject to approval by the Oeve1opmeDtReview Board. 2. Pedestrian Malls 118 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: ZONING DISTRICTS Section 23.8 Property Development Standards for Nonresidential Districts 1.Dista-nee---Between-B-uildin-g-s There shall be not less than 10 feet between an accessory bu iidl ng.--en4-e--main-b Id�n g---er--- --fee t--between- a ein--b #d4n-g-s- 2:3. Yards and Setbacks C.-N_._stand.ards apply a:-1=-r-on-t—Y-ar-d-s i.All areas ba a a- :.. e'•* --. - reet frontage, except for access drives and walks, shall be open s-pace. -- a e_ :- eetween a building and the street, an area 35 feet in depth between the street and parking shall be maintained in a landscaped setting. This depth may be decreased to a minimum of 20 feet by � . . eel.... :e . as e a)Depressed pads ode--end-R-ea-r--SetbaG s i.50 feet where the lot abuts a single-family residential district or abuts an alley that is adjacent to the ii.25 feet where the lot abuts a multi-family residential D. PS&C Private Schools and Churches 1. Residence One single-family residence will be permitted for each church facility for the purpose of providing housing for a Minister, Pastor, Priest, Rabbi or Caretaker and his/her family. 2. Building Height No building shall exceed 1 story and the exterior height shall not exceed 24 feet_ The following increaseci huildfng heights are. subject to DRB approval. e. Architectural elements such as bell towers, and religious symbols may exceed this limitation by no more than ten (10) feet, The number of steeples, sipires, towers or campaniles or similar structures is limited to one unless otherwise approved by the Development Review Board. Zoning Code/Oro Valley AZ May 2005 119 CHAPTER 23: ZONING DISTRICTS Section 23.8 Property Development Standards for Nonresidential Districts c...._......__........._..Sanctuaries._up..to.._3 _..feet a.Gymnasiums, sanctuaries and--steeples, spires, campaniles and towers may be permitted up to 25 feet in height: Religious symbols placed atop such structures are not included in th tion of building height, but are limited to-a--max rum--heig -of-5--feed: •_ _... _ _ _ ... w w s � w � • r • --"e-'' � w-.'es or similar structures is limited to one unless.otherwise .. 14.-* te ._ 9- _ ...•_. Board. 3. Yards and Setbacks a. Church, Private School and College Facilities 50 feet from any abutting residential district, R1- 36, R1-43, R1-144, R-4, R-S or R-6. ii. 20 feet from any abutting commercial district, T- P, C-1, C-2, C-N or other PS&C properties. b. Residence If the PS&C parcel is abutted by an R-1 District, the setback requirements of that abutting district shall apply to the PS&C residence. If the property abuts other than an R-1 District, the setbacks outlined in Section 23.7.8. (R1-144 District)shall apply. cin addition to the setback requirements outlined above, a minimum of 12% of the net lot area shall be provided as frontage open space. d.All areas between a building and a street frontage, except for access drives and walks, shall be open space. Where parking occurs between a building and the street, an shall be maintained--in--and—soaped setting. This depth may be decreased to a minimum of 20 feet—lay Development Review Board approval, ising one-Gf-t-he i.Depr essed parking. ii.Wall and berm. 120 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: ZONING DISTRICTS Section 23.8 Property Development Standards for Nonresidential Districts e-c. All recreational facilities and related apparatus shall be a minimum of 100 50 feet from all property lines. When adjacent to preserved open space or a recreational use, Town Council may reduce the setback to ten. 0') feet. E. T-P Technological Park District 1. Retail Sales Uses Retail sales are allowed as an ancillary use directly related and conta.i_ned.mithi n...t...._e_structu_re_o_...the._..pr rna ry_.use. 2. Floor Area Limits a. Ancillary uses shall be no greater than5000 square feet of _gross floor area per individual buainessexcepfi that expansions may be allowed with a Conditional Use Permit. b. The gross floor area of ancillary uses, not contained within a primary use facility, is limited to no more than twenty.percent. 20%. .developed__gross floor area c. The •ross floor area of any one structure shall not exceed 15,000 square feet on lots less than ten (10) gross acres, except that expansions may be allowed with a Conditional Use Permit. - 1 e • a.The aggregate area of the building(s) shall not—occupy more • • e •- e •• b.The gross floor area of any one structure shall not exceed 15,000 square feet except that, on lots that exceed 10 gross acres, the size of the buildings may be established by the Develop 3. CourtYards_._a_nd...Pedestrian Malls a. A portion of the development shall be oriented towards a landscaped courtyard or mall with seating areas and all or a portion of the required public art. b. The courtyard or mall shall be a mnium of two percent �2°/a) of the net lot area oLt ...Ite.In...sq.uare__feet,_which shal.l_.be required_ open space. waived....by...Town Council.based__on_ a suitable_ alternative design....solution Zoning Code/Oro Valley AZ May 2005 121 CHAPTER 23: ZONING DISTRICTS Section 23.8 Property Development Standards for Nonresidential Districts being_presented to the Development Review Board and Town Council. 2:Bu Ud g-Helga • = ••= - •-• _!°: e •- = -I roof area in any one development e-hall--e eed----1-8-feet-i•n-hei g-h-t- and Setbacks a. Front Yard: A rat.of 3:1 shall be used. For buildings less than a height of twenty-five (25') feet_a ratio of 2:1 wil I_.be__permtted... LA minimum of 12% of the net lot area shall--be incorporated as frontage open space to provide a setting for the building, visual continuity within the community and a variety of spaces in the streetscape, except that the frontage open space shall not be required to exceed 50 square feet per 1 foot of public street frontage. In no case shall a building be closer than 35 feet to the front lot line. ii.All areas between a building and a street frontage, except for access div s, arking and walks, shall be landscaped unless special Gi-r-Gu-mrs t am cep,s—wa - -== =.- e - use permit---or-----Development Review—Board approval. b. Side and Rear Setbacks 50 feet and.__.a_3.1-._.(setback.ta__.building-_heig.ht)_where the lot abuts a residential district or abuts an alley that is adjacent to a residential district. F. Parks and Open Space District 1. Open Space Requirements The aggregate area of the building(s) shall not occupy more than 15% of the lot, excluding parking areas. 2. Building Height No buildi-ng shell-exceed.._-1.-story and.the.exterior_height_shali_not exceed 25 feet. The following increased building heights are subject to DRB approval. a. Gymnasiums may be permitted up to 36 feet in height. 122 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: ZONING DISTRICTS Section 23.9 Property Development Standards for Planned Districts b. Community center auditoriums may be permitted up to 45 feet4c he�ghf. 3. Setbacks All recreational facilities (excluding trails, par courses, bikeways and similar amenities) and related apparatus shall be a minimum of 50 feet from all property lines. When adjacent to preserved open space, the Town Council may reduce the setback to ten (10') feet. Section 23.9 YDevelopmentPro ert p Standards for Planned Districts A. PRD Planned Residential Developments B. PAD Regulations 1. General Provisions The following standards and requirements apply to all PAD Districts: a. Minimum district size: 20 acres b. Minimum open space requirement: 20% of gross acreage of the PAD district. c. Underlying zoning districts established: All PAD development plans shall include underlying zoning designations. The underlying or base zoning districts are to be derived from existing Oro Valley zones and reflect the most logical designation in consideration of the proposed land use for a particular parcel, tract, block or planning unit. The development standards of the underlying zoning districts will prevail where the PAD does not specifically modify said standards. ii. Underlying zoning districts shall be assessed by Town staff in determining adequacy for proposed land iises. d. Modifications to the riP Plopment standards of the underlying district may be permitted if they are found to offer a desirable improvement over the conditions produced by conventional zoning standards. The following standards may be modified: Zoning Code/Oro Valley AZ May 2005 123 CHAPTER 23: ZONING DISTRICTS Section 23.1 Districts and Boundaries Thereof CHAPTER 23: ZONING DISTRICTS Section 23. 1 Districts and Boundaries Thereof A. Division of Town into Districts; Enumeration In order to classify, regulate, restrict and separate the use of land, building and structures; and to regulate and to limit the type, height and bulk of buildings and structures; and to regulate the areas of yards and other open areas around and between building and structures; and to regulate the density of dwelling units, the Town is hereby divided into the following districts: 1. Single-Family Residential Districts R1-300 Single-Family Residential District-300,000 sq. ft. per lot R1-144 Single-Family Residential District- 144,000 sq. ft. per lot R1-43 Single-Family Residential District-43,560 sq. ft. per lot R1-36 Single-Family Residential District-36,000 sq. ft. per lot R1-20 Single-Family Residential District-20,000 sq. ft. per lot R1-10 Single-Family Residential District- 10,000 sq. ft. per lot R1-7 Single-Family Residential District-7,000 sq. ft. per lot 2. Multi-Family Residential Districts R-4 Townhouse Residential District R-4R Resort District R-S Residential Service District R-6 Multi-Family Residential District 3. Commercial and Other Districts C-N Neighborhood Commercial District C-1 Commercial District C-2 Commercial District Zoning Code/Oro Valley AZ May 2005 75 CHAPTER 23: ZONING DISTRICTS Section 23.1 Districts and Boundaries Thereof PS&C Private Schools and Church District T-P Technological Park P-1 Parking District POS Parks and Open Space 4. Planned Area Districts PRD Planned Residential District PAD Planned Area Development 5. Supplementary Districts HDZ Hillside Development Zone ORSCOD Oracle Road Scenic Corridor Overlay District B. Purpose of Districts 1. R1-300 Single-Family Residential District This district is intended to promote and preserve rural, single- family residential development. The district permits airparks and other uses that are compatible with the large single-family lots predominated by open space. 2. R1-144 Single-Family Residential District This district is intended to promote and preserve suburban-rural single-family residential development. The large lot size permits agricultural uses and promotes open space. 3. R1-72 Single-Family Residential District This district is intended to promote and preserve suburban-rural single-family residential development, with lots large enough to accommodate on-site sewer systems. 4. R1-43 Single-Family Residential District This district provides for low-density residential development with Ints large enough to accommodate nn-site sewer systems. 5. R1-36 Single-Family Residential District This district provides for low-density residential development. 6. R1-20 Single-Family Residential District 76 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: ZONING DISTRICTS Section 23.1 Districts and Boundaries Thereof This district provides for low-density detached single-family residential development. 7. R1-10 Single-Family Residential District This district provides for medium density detached single-family residential development. 8. R1-7 Single-Family Residential District This district provides for medium high-density detached single- family residential development. 9. SDH-6 Site Delivered Housing District The purpose of this zone is to provide for properly planned and orderly developed manufactured or site delivered housing subdivisions. The principal land use is single-family dwellings and uses incidental or accessory thereto. 10. R-4 Townhouse Residential District This district is intended to provide for relatively low-density development having individual ownership and built-in privacy, either in the form of party wall construction or enclosed courtyards. 11. R-4R Resort District The Resort District is intended primarily to provide for accommodations for seasonal visitors. The controlled access, deep setbacks, and landscaping requirements are intended to enhance the value, safety, and aesthetic quality of both the highway frontage and the adjacent property. 12, R-S Residential Service District This district is composed of certain land and structures used primarily to provide administrative, clerical and professional offices of a residential scale and character to serve nearby residential and commercial areas as well as the Town as a whole. These uses are characterized by low volume of direct daily customer contact. Secondarily, this district provides for medium density residential uses. This district is designed to be a transitional zone and should be used to buffer low density residential uses from more intense land uses, districts and heavily traveled transportation routes. The property development standards, while strict in order to protect adjacent low density residential uses, are designed to be flexible enough to allow experimentation in office and housing design and to allow housing constructed within this district to incorporate its own protection from more intense adjacent uses. Zoning Code/Oro Valley AZ May 2005 77 CHAPTER 23: ZONING DISTRICTS Section 23.1 Districts and Boundaries Thereof 13. R-6 Multi-Family Residential District This district is intended to support multi-family residential development, to accommodate an increased density of population and to provide recreational and aesthetic amenities, which enhance the residential character of a multi-family project and produce a high quality environment. This district also furnishes employment opportunities, by providing for business and professional office complexes on a residential scale, with low silhouettes, a variety of separate building masses and landscaped open space, to be compatible with surrounding residential uses. 14. C-N Neighborhood Commercial District This district is intended te–provide--a center-for convenienoe in a residential neighborhood. The District provide retail and service establishments ich--s4pp edities or perform services to meet-the-daily needs of the neighborhood.§ small office and service centers within walking/biking�dstancew or a short_.drive_from.adjacent_neighborho-ods.__The_center shall be d esign.ed.___to. fi. .._into_._and.....reffett_the_arcbitecture..__oLtbe__a..djacent neig.hborhoads,___serve.----.as__.e.__.nei-ghborhoodLactiv ty_center;_...and services that meet the daily needs of the nearby residents. Sites_shou-Id.....be_._desi ned.io___accomrnod.ate-._mu.(tip(e_SmalLu.ses as opposed_..to_-...a.._s n.gle.}_._large-___use.._. C:N_zon n.g_..m.a.y._b_e_found. a_o.ng._...._mu.lti--use.-__.paths.}__..neor_...parks.,_....rr.m.ed atel_y__between_.�or among._..._h.ig.her_.density....residentiaLdevelopm_ents...and..._munici_pa.. service sites. It is most appro•riate at the intersection of collectors_or.a..collector_.and..an_arterial.other than..C ra.cle...Road_. 15. C-1 Commercial District This district is--intend-ed---to--provides for large scale office complexes and medium sized or--retail centers, located on a major arterial. Through buffering and other mitigation measures_ (7,-.1 centers must be compatible The intent of this zoning district is to attain compatibility with adjoining residential neighborhoods, while satisfying commercial and service business needs of nearby neighborhoods. 16. C-2 Commercial District This district is intended to permits all uses in the C-N and C-1 Commercial Ddistricts, plus commercial activities designed to serve a targe-regional area—The-in-tent of this zoning district is to with emphasis on shopping centers and group commercial developments. Uses must incorporate extensive mitigation 78 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: ZONING DISTRICTS Section 23.1 Districts and Boundaries Thereof measures to harmoniously co-exist -=•**- • • with nearby neighborhoods. Areas designated C-2 should be recognized are substantial traffic generators and should be located near the intersection of two principal arterials. 17. PS&C Private Schools and Churches District This district is intended to provides for religious facilities and private educational facilities in addition to public schools. 18. T-P Technological Park District This district is intended to provides for administrative, research and specialized manufacturing activities at a low intensity. Uses include a mix of light industrial, professional office, office/showroom, office/warehouse, ancillary retail services and related uses. All uses shall be of a non-nuisance type and m_in.imal.____residential scale having low silhouette, a variety of separate building masses and landscaped areas. This district is to provide employment near residential areas and the development standards are intended to be compatible to adjacent residential uses and provide a park-like setting for employment. 19.P-1 Parking District The P-1 Parking District is ince-nded to provide---necessary--off- - 0- '•. •• -:= __trate-locations for non--residential uses. It is-fu t` =-= •- •- =- ` •.ent of suGh P--1 District be eccon pl+&hed-to a n--app ed-plan so--tl a-t-suoh---veh iel e parking . e-e- • • -••---• •earb_y uses. 20.19..__Parks and Open Space District This district is in-tended---primarily for those areas of the Town where it is desirable and necessary to provide permanent park, public open space, and in general, areas to be preserved in their present or soientifieally-managed state--when-thee--necessary to—safeguard the----health--safety -and general—we—if—are—and—to pros-Ede-for-4he-leoatiand--preservation ofresreat-ie --areas---a-nd sce-nio-a•rea•s. C. Boundaries of Districts - Rules Where Uncertainty May Arise Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map accompanying and made a part of this ordinance, the following rules apply: I. The district boundaries are either street lines or alley lines unless otherwise shown, and where the districts designated on the map Zoning Code/Oro Valley AZ May 2005 79 CHAPTER 23: ZONING DISTRICTS Section 23.2 Effect of Districts accompanying and made a part of this ordinance are bounded approximately by street or alley lines, the street lines or alley lines shall be construed to be the boundary of the district. 2. Where the district boundaries are not otherwise indicated and where the property has been, or may hereafter be, divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map. 3. In unsubdivided property, the district boundary lines on the map accompanying and made a part of this ordinance shall be determined by use of the scale appearing on the map. Section 23.2 Effect of Districts A. Effect of Establishment of Zoning Districts No building or land shall be devoted to any use other than a use permitted in the zoning district in which such building or land shall be located with the exception of the following: 1. Uses lawfully established as of the effective date of this comprehensive amendment. 2. Conditional uses when allowed by permit in accordance with the zoning district in which such building or land shall be located. 3. Analogous uses as --by-Town Council and subject to prior rev ieW—a-o com e- a-t- determined by the Planning and Zoning GommissionAdministrator. 4. Accessory uses customarily incidental to the permitted uses. Cectfon 23.3 Table o f permitted //ses The Table of Permitted Uses in this Section sets forth the uses permitted within the base zone districts. A. Uses Permitted by Right A "P" indicates that a use is permitted as a matter-of-right in the respective lone district, subject to compliance with all applicable regulations in this Code. 80 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: ZONING DISTRICTS Section 23.3 Table of Permitted Uses B. Conditional Special Uses A"C" indicates that a use category or specific use type is allowed only if reviewed and approved in accordance with the procedures and standards of Section 22.4, Use Permits. Ancilla An "A" indicates that the use is permitted as ancillary to the primary uses within the district. CD. Uses Not Allowed A blank cell indicates that a use type is not allowed in the respective zone district, unless it is expressly allowed by other regulations of this Code. ..._Uses Subject to Specific Regulations Numbers in the final column of the Table of Permitted Uses indicate that the listed use is subject to use—specific regulations in one or more districts in which the use is allowed. The numbers in the parentheses provide a cross—reference to the use-specific regulations, which can be found within Section 25.1, unless otherwise indicated. Zoning Code/Oro Valley AZ May 2005 81 Ci w a H Q re cfl z of o.0 U) a. Z O � 0 NC) H-a- .5 Cu N F- a.U)*fC) 11. CC W r'? EL N V N < a •� 2 OL C.) E C)r" DL (.) a) E (i) O U 6 z DL DL DL CL. 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DL N r..co a. a. W LL. Q J ' M ~ to ji df. G. a, eL ti a. 4 D! a_ D,i. 0 O N ffi %-; a 0 �, U) ;) a U) W • 0 3 C/) C i Ca o .n =.: 1 ig 8 !..3 ., ,', —:412 i ' Wo N u)) ' _c ' c P. HI �PTcit z ' ?, co in Q =1 < 'ii t chit. c#s ttI LP CU ca V) > cW re yL o = N 0 W o O U Cl) 0 0 � N 0) cn U 'c Q Q N co H• d 07 • tn E • L Z z y.. 0 N 2 N H � M W F- twei C < C Z 0 • •— v a) w U) z 0 F- z 0 t) o 0 N n CO 2 EE >m w 2 Ct w a a 0 I 0 O N CHAPTER 23: ZONING DISTRICTS Section 23.4 Table of Dimensional Requirements Table of Di23.4 Sectionmensional Requirements All primary and accessory structures shall be subject to the intensity and dimensional standards set forth in the following Tables 23-2. These intensity and dimensional standards may be further limited or modified by other applicable Sections of this Code. Additional regulations and rules of measurement are set forth immediately following the table. A "*" indicates that these additional regulations and rules of measurement are applicable. I TABLE 23-2A DIMENSIONAL REQUIREMENTS(Residential) Minimum Minimum Addl Zonin Property Minimum Lot Area Building Distance Regs Yard Setbacks(feet) Distri t Size (square feet) Height Between Bldgs Area Width Front Side Rear (feet) R1-300 - 300,000 300 50 20 50 34 10 23.6.B R1-144 - 144,000 150 50 20 50 18 10* 23.6.0 R1-72 - 72,000 150 50 35 50 22 10* 23.6.D R1-43 - 43,560 150 30 20 40 18 10* 23.6.E R1-36 - 36,000 120 30 15 40 18 10* 23.6.F R1-20 - 20,000 80 30 15 30 18 ft.or 2 10; 23.6.G stories * R1-10 - 10,000 80 25 10 25 25 ft.or 2 10 23.6.H stories 25 ft.or I 10 R1-7 - 7,000 70 20 7.5 20 23.6.1 stories 15* St s SDH-6 - 6,000 50 20* (1 *de) 25* 18* 20* 23.6.J 5 (2nd side) R-4 1 acre * - * * * 25 feet or 10* 23.7.A 2 stories 50 acres 25 feet or 10* R-4R prior to street * - * * * 23.7.B dedications 2 stories* R-S - - * * * 25 feet or 10* 23.7.0 2 stories* 23.7.D 5 acres (residential) 1 acre (business and R-6 professional * - 30 20 20 25 feet or* * 23.7.D offices or 2 stories other permitted or conditional use) Zoning Code/Oro Valley AZ May 2005 97 CHAPTER 23: ZONING DISTRICTS Section 23.5 Measurements and Exceptions TABLE 23-2B: DIMENSIONAL REQUIREMENTS(Nonresidential) Max. Maximum J lta- Zor ng Minimum Floor Addl Yard Setbacks(feet) Building p District Property Size Area Regs Height Space Ratio Front Side Rear C 5 acres 20* 0-50* 0-50* 25 feet or % .2520 23.8.A 2 stories — C1.1 5 acres- 20 0-50* 0-50* 25 feet or 20% .2534 23.8.B 2 stories C1.2 10 acres 20 0-50* 0-50* 30 feet or2 stories 1.020% .5540 23.8.0 4-8-feet-of 14-5acres1 story * * - 25% 23.8.D RS&C (private and2445 schoolssinly) feet* 2 -34_feet T-P lacr_es- 1.1* 0_51(1* 0,50* or-2 2425% 0* 23.8.E stories* ._._._ 2-1.stories 3-ac-res .0_5.0* 11'50* story and * ,-j5* 23.8.G POS - or 25-45 feet* r ments and ExceptionsSection 23.5 Measue A. Lots 1. Measurement a. Lot Area The same as "net lot area". b. Net Lot Area The area included within lot lines after all right-of-way dedications have been made as required by the Towno c. Lot Width The width of the lot is determined as follows: if the side property lines are parallel, the shortest distance between these side lines, 98 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25. 7 Requirements for Specific Uses This__. section applies to all non-residential uses, excluding parks_ __ The requirements. specified_ herein are _�n addition to _.those specified in the corresponding zoning district. A. General Requirements for All Non-Residential Uses 1_______ _Fire_Access__At_least_ two_.driveways should be provided_ for circulation and emer�enc _vehicle access_._.sub'ect to Fire Marshal review. 2. Architecture; Subject to Development Review Board A.•roval: a._._._..__.__......._Accessory. structures_structures_ other_than_the primary buildmg�s�__such as screen walls gas station.canopies carports,__signage structuress_shall__be_coordinated__with the,pnmary_building(s) in terms_of materials_colors and style. b, ______.Exterior_ finishes of _a_ buildin�__shall____not_ exceed __a reflectivity of 60%. 3. Noise a._ ___._....._N_oise from _internal__loudspeakers,__pagir�_systems,_live entertainment or stereo_speakers shall__not__exceed_40 decbels_at_.th.�.._property_.line.....Qf._an_X_._adjacen�_re.�ide.t�tial. district. b._.____.._..._No..._external__speakers,._._exce.pt_fQr._driv_e._._throug_h__prder purposes.._.special... events andlor _ap.�Zroved outd_ooC premises. 4. Outdoor Storag2 ani Activities a._____.__A(I.__operat ons__a_nd._stora�e shall.__be. conducted w thin.._a com.pletely_enclos.ed opaque_barner designed to.._m. tch_th.e_._ma.n._btil_d.in.g_on_the.._s te.:_..._Items Store.,.exclu�inc�_live ve��tation.,._may not be visible from private 9r public streets or...adlacent residential_areas: b,____,._,..,,,_,Oukdoor storage containers_are_not permitted. c.___..._____....Qut_d.00r_ds.�lay_.Qf _ggods.,.._outdoor sales.._..pr._temporary q�atdgor storage_is._not....perr�itted.,_exGe.pt by_Special._Use... Permit. Zoning Code/Oro Valley AZ May 2005 230 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses 11.Th~ w ~~ w '~ -. - ^ ~. w w' w- w—~- -vm w ^e Town, along with a third party certifi-Gation stating the level 12. 13.The drying awnings shall be attached to the building or permanently affixed-to the g w ` ^~ ^m ^. w~ -. ~w w- '. ^ ~ — setbaokaoftheproperty. ^.^ '^ ' ^~ ^- w~ ~~~~w -nd include a locked gate to prohibit rs of F.Chuvmtixms No use permit for a church shall be granted unless the following entm/crihehe are met. Compliance with all the criteria listed e 4,Genepol c.Density: One single-family residence will be permitted foresaa-h w' ow - w w w 'ding housing for a rninister, poator, prieat, rabbi or caretaker and his/her a-nli-l' -.` w w. o'`w ^- ~ `-~w w '' ^~'w � -^° ^. ~ 'w. k*G/^~~- ~^^ -~» ~~m ~ . m � . -~~w-°' ~ -^e4owenan+ey be permitted up to 25 feet in height. Religious symbols placed atop such structures are not included in the calculation of building height, but are limited to a ^~ ~- w^ * - =' 10 4,L-an-d | sGaping Zoning Code/Oro Valley AZ May 2005 241 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses That part of a lot not required for buikUngo, otruokunao, loading and vehicular access vwaye, otneets, parking and utility areas, pedestrian walks and hard-surfaced activity areas shall be landscaped. The desert in its natural state may be used emd may be enhanced with indigenous drought-tolerant plants. Landscaping shall be as specified in this Section and in Section 27.6 and shall be approved by the Development Review Board and Town Council. o.50 Feet from any abutting naoiw~^ '- w' '- ` P ~°. ~ ^-. R1 141. R-4. R-S or R-6. b.20 Feet from any abutting commercial district, T'P. C-1, G-2` C-N or PS&C properties. c.Reaidenne: If the church parcel is abutted by an R-1 diatriot, the setback requirements of that abutting district shall he church's residence. If tute other-than an R-1 distriot, thc+caetbsoks for-the R1-14/1 district shall apply. 4:1n-additiom to-the so nad above, a minimum-of 12% of the net-lot area s frontage open space, een a building and a street-frontage, except-for here parking 000urs-between a bui the street, an ~ -- '- — ' mepth between the s This-depth feet-ispecial oiroum-stanoes warrant approv-at--by---use permit 4F -Development R-e-v-iew Board approval, sush circumstances being, i.Qepres**dparking, iiWaUand bar-ming, -1----here-sh-all--be-a-landsoaped-area-a-4Tlinimum-of-2-g-feet in depth-between-any-parking areas--not-desoribed sub-seotion-d-a-bove-and-a-ny-street-frontage. All-parking areas-shall-be-soreened-from-all-abuttin-g-streets as 27.6,G, g,A1-1---reoreationa-l-faoilitie-s and-related-apparatus-shall bo--O #,The-numbep-of steepAae, spires7--towers or similar structures is limited to one unless otherwise u��� opp Bo 242 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses ^~ -~" '^.~ ^m w ~ -~~w ° feet in height shall be property line or within the required ve+d - ~. ` ~ -~w ' ^'^ ~~ ~»'• ad-frontage open spooe, within which they may not exceed 3 feet in height, or except as otherwise approved by the Development b.Guest parhing, mechanical structures and eppurtenanmaa, storage and refuse areas shall be screened according to the requirements of Section 27.6.G. as approved by the Development Review-Board. c.Wherever a church property abuts an R-1 distriot, a landscape screen a minimum of 10 feet wide or a comparable natural desert buffer shall be provided and maintained n~ ^- .v- •~w w 7.Traffic Impact ~. ^ -we '-- m^ w 'w~� m^. ~ - w~ ^^' ~^' . additien to the requi+e*nep-ts+-set for in Seetien 22.4 inalude-e�-oirsuhaten-asesement to be-prepared by a registered orofeosion r. Ao eir*ulation aeseesnent-by the T not necessarily-guarantee approval of the Town Council. b. The cirou reoog hen app|imsbke, such as-those editions ofthe end-Traffic k, the lastitute of Trans-portatioh—Engineers, or—other d-stand-ende a T w ^^~- ^w - _^w- w w . ~_ m^. reeog-nized ' - ~ ^- w~ w w.^° w w~^ .| ofthe ^~ - a ~-^ ^' -o* - ~ `w ~fAo w '^~~ ^ s .^w o~. ^w, w .~- w streets, the projected trafficnd ' reeo/egreoa turning movements, including peak hour w '^^- w ~- -w^o 'm^. ' -, w wew 'm : •~' �� /ocetiona and number of |anem, description of existing e.. •-..-. .m^ww^ ^ ~ ^. - -' . •w� v '. o~ -w w-e ' - n ^ ~ -. w^ '^^w w ~~~^ . e*+y, &Porkng: Zoning Code/OrValley AZ May 2005 243 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses aAll parking areas shall comply with the provisions set forth in S-eetion---2-.-.-7-of--this--Cade 0th-er a.A copy of th- .=•e' =•- . ea .. ...ea: -e Planning i-n-g-Adrinistrator encased in plastic or otherwise framed--shall-be pasted-at-a limes-on- tl e---pre-mises- b.Feil-ure to comply with these requirements will result in revocation of the coedit' e permit and mandatory G,D. Commercial Stables 1. The minimum property size shall be 10 acres. 2. The proposed site shall not be adjacent to subdivided single- family residential property unless that residential property contains an equestrian easement along the contiguous boundary. 3. The stable property shall contain a buffer strip 100 feet wide maintained in a natural state adjacent to all surrounding privately owned property. This strip shall be used only for occasional riding and not for keeping, pasturing or storing of animals, and not for training or other regular or intensified activities. 4. There shall be a buffer strip 40 feet wide maintained and used as described above adjacent to any street. 5. There shall be no shows or other activities that would generate more traffic than is normal to a residential area unless the proposed site has direct access from a major arterial road. Permission for such shows and activities may be obtained from the=--o-w-t_C i 1. D - RISSte e requested in a letter that explain ...-natwe-ate u-ra-tien$f-t-he--aot t y;-a - d-at s f peotator-s;-traff o;-a-rid-ad-d+tio r-s--a-nd trailers. This-4e4te a -be submitted to the To - - - - -- e weeks--prior-o-4 te-heeari ng--a wttioh co-r iderat+ar t--ts--des i red v a__a Special Use.__Permit. 6. All pasture and animal storage areas shall be enclosed with fences or walls a minimum of 4 feet 6 inches in height. The desig-n—of_4hese_en ciosuree--chafe--showy}----on---drawing s submitted with the use permit apptioa ion 7. All laws applicable to the public health must be complied with for the entire period of operation of the stable. 8. All stable, activity and pasture areas that are not grassed shall be treated for dust control as approved by the Town Council. 244 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses 9. Adequate parking shall be shown on the site plan. F E Community Residences Community residences shall be permitted provided that: 1. No such residence is located on a lot with a property line within 1,000 feet, measured in a straight line in any direction, of the lot line of another such community residence; and 2. Such residence contains no more than 6 residents, or 8 residents, including staff; and 3. Such residence is registered with, and is approved by, the Planning and Zoning Administrator as to compliance with the standards of this Section. 4. Such residence or services provided therein shall be licensed by, certified by, approved by, registered with, funded by or through, or under contract with the State of Arizona. Communication Structures and Facilities 1. Antenna Th,•, i e rl tin n nrn v%nr if EN. in ,II cin+rinfe rni,i nrl + a. Residential Antenna Standards: Antennas, which are building mounted or ground mounted, are permitted in all residential zoning districts, subject to the following conditions: Ground-Mounted a) A ground-mounted satellite dish that is 1 meter (3.28 feet) or less in diameter, with a maximum height of five feet. b) Free standing pole antennas are limited to the building height allowed in the applicable zone. c) Location. All ground-mounted antennas 1, 1__ 1 _ the 1 1_-_ are to be located in threar yard, unless rear yard location provides an indirect line of site to the satellite, in which case may be located in the side yard. All applicable setbacks for accessory buildings shall apply. Zoning Code/Oro Valley AZ May 2005 245 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses d) Screening. All ground-mounted satellite dishes shall be screened up to five feet with a solid wall or landscaping, so as not to be visible from adjacent properties. e) Color. Antennas that are not fully screened by a wall or landscaping are prohibited from being either white or iridescent in color, and are encouraged to be a neutral color. Fully screened antenna may be of any color. ii. Building-Mounted: a) A building-mounted satellite dish that is 1 meter (3.28 feet) or less in diameter and building mounted antenna shall be permitted in any zoning district. Such antenna shall be fully screened. b) Color. Fully screened antenna may be of any color. c) Height. The maximum height of the antenna shall be the minimum height necessary for reception of radio waves. iii. Amateur Radio Equipment---Stierh—ectuipmentie permitted in all residential zones, provided—the following standards are met: a) The maximum height of the equipment, whether a fixed or "crank-up" style structure, including antenna, shall be 50', measured from the ground to the fully operational extent of the equipment. b) The tower and equipment shall only be The v •v � equipment� v� • v e only be located in the rear yard. c) There shall be a setback ratio of one to one (one foot of setback for each foot in height from all buildings, property lines and overhead wires. d) The equipment shall be operated only by a Federally licensed amateur radio operator. e) The base of the equipment shall not exceed a size greater than 4'by 4'. 246 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses iv. Satellite Dishes exceeding 1 meter diameter. Approval from the Development Review Board, at a regularly scheduled meeting, is required for all ground or building mounted satellite dish antennas that are over 1 meter in diameter. The following standards are required: a) A maximum diameter of 15 feet will be permitted. b) Ground-mounted satellite dishes exceeding 1 meter in diameter are permitted only in the rear yard, unless rear yard location provides an indirect line of site to the satellite, in which case may be located in the side yard. c) A minimum two-thirds of the satellite dish must be screened with either landscaping or a solid wall d) The maximum elevation of the foundation for ground-mounted antenna is not to exceed 1 foot. e) Height. The maximum height of building- mounted antenna that is over 1 meter in diameter shall be the minimum height that is necessary for reception of radio waves. b. Commercial Antenna Standards: Antennas which are building mounted or ground mounted are permitted in all commercial or..ind_ustrial zoning districts, subject to the following conditions: Ground-mounted: a) A ground-mounted receive or trap i&ion Satellite dishes are limited tothat is 2 meters (6.56 feet) or less in diameter, and up to five feet in height, 4n—,a---oom-mer-Gial—o1-4ndu&trial zone. b) Free standing pole Antennas are limited to the building height allowed in the applicable zone. Zoning Code/Oro Valley AZ May 2005 247 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses c) Location. All ground-mounted antennas are to be located in the rear yard, unless rear yard location provides an indirect line of site to the satellite, in which case may be located in the side yard. All applicable setbacks for accessory buildings shall apply. d) Screening. All ground-mounted satellite dishes shall be screened five feet up from the ground with a solid wall or landscaping, so as not to be visible from adjacent properties. e) Color. Antennas that are not screened by a wall or landscaping are prohibited from being either white or iridescent in color, and are to be a neutral color. Fully screened antenna may be of any color. ii. Building-mounted: a) A building-mounted receive of nsr i s si9n---anten-n ae, or-satellite dish antenn.a.w.that is 2 meters (6.56 feet) or less in diameter, shall be allowed to be mounted on the roof. Such antenna shall be fully screened from the road and adjacent property;+n--a-GG eFGFa-1 or industrial zone. b) Color. Fully screened antenna may be of any color. iii. Satellite Dishes exceeding 2 meters in diameter. Approval from the Development Review Board; at_a-regu.larl- sGhe4ule eetins is required for 11 wt+ v.�•ir v ..•i mow. 'i.• .vJ l.y�� cd sotellite dish - - e.ameter. ;subject to the following standards and - •_ _ - _.. a) A-mMaximum diameter of :15 feet--w be-per-mitt-ed. b) Ground-mounted satellite dishes are permitted only in the rear yard, unless rear yard location provides an indirect line of site to the satellite, in which case may be located in the side yard. 248 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses c) A minimum two-thirds of the satellite dish must be screened with either landscaping or a solid wall. d) The maximum elevation of the foundation for ground-mounted antenna is not to exceed 1 foot. e) Height. The maximum height of building-mounted antenna that is over 2 meters in diameter shall be the minimum height that is necessary for reception of radio waves. 2. Communication Facilities a. Applicability: This section applies to all new communication facilities or new appurtances to existing facilities except for facilities used for police, fire, ambulance, and other emergency dispatch functions i.No communications facility shall be erected or installed except in compliance with the provisions of this Section. The provisions of this Section apply-to all----comm !-I adios---equipment-, wh other suc e -p tom.-i ---,wed as a main use or—an use. Where cenft is exist-between t is--Se- .=• _.e *_ _ e er of the-code t--tie more restrictive Section shall apply. ii,The—followin-g—communications facilities are exempt from--th-e--req-ulreme-nts-of this--sesti€n:,-police;-fire; ambulance, end---otter emergency dispatch functions. i spatch- functions. b. General Requirements for All Communications Facilities Stealth Applications a) Ail facilities shall be constructed using stealth applications for the antennae. A stealth application entails the camouflaging of an antenna, appurtenance, fixture, and/or structure with a building or the landscape in terms of design, colors, materials, height, and width. b) Site location and development shall preserve the existing character of the surrounding community, buildings, land uses and zoning district. Facilities shall be integrated through location and Zoning Code/Oro Valley AZ May 2005 249 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses design to blend in with the existing characteristics of the site. Existing on- site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized. c) Antennas mounted on buildings, utility poles, or structures shall be covered by appropriate casings that are designed to match existing structural or architectural features. d) The camouflaging of antennas shall include architectural integration, painting and texturing to match the existing structure, or if ground mounted, of such design to be compatibly integrated with the surrounding landscape. Where feasible, antennas can be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging. ii. No communication facilities shall be permitted on developed or undeveloped lots where the primary use is or is platted for a dwelling. iii. Setback Requirements For All Ground Mounted Facilities, Excluding Joint-Use Installations on Street Lights, Traffic Lights, Electric Utility Poles an/or other Utility Structures and Collocations on Existing Facilities. a) Structures shall be setback two feet for every one-foot in height from buildings, property lines and overhead wires. b) All new facilities within the Tangerine Road Corridor Overlay District and Oracle Road Scenic Overlay District must be setback from the right-of-way edge by a distance of three feet for every one-foot in height. iv. Equipment Buildings, Cabinets, and/or Structures a) Equipment buildings or structures shall be concealed from public view and made compatible with the architecture of the surrounding buildings and consistent with the general character of the area. 250 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses b) Above ground equipment shall be completely screened from by view by a compatible solid wall or opaque fence except when a ground mounted cabinet or structure, or combination of all cabinets or structures, is smaller than one hundred and eighty (180) cubic feet. Units that are smaller than one hundred and eighty (180) cubic feet may, at the discretion of the Planning and Zoning Director, not be required to be screened from view if they have been designed with a structure, materials, colors or detailing that emulate the character of the area.All gates shall be opaque. c) Equipment buildings must be placed in compliance with the underlying zoning setbacks for accessory buildings. d) The equipment building or structure must be regularly maintained. e) The maximum building height shall not exceed eighteen feet. f) All above ground equipment with air conditioning units shall be enclosed by walls, if located within three hundred feet of developed or undeveloped lots where the primary use is or is platted for single- family dwellings. g) Any exterior lighting, unless required by the Federal Aviation Administration, shall be positioned within the walled area and shall be mounted below the height of the screening fence or wall. v. Additional Standards for Development in Parks & Open Space Zoning a) For areas not utilized as a developed public or private park, golf course, or similar use, the following standards shall apply: b) All facilities must be collocated on an existing man-made structure or ground mounted and disguised as a natural feature such as rock or saguaro, Zoning Code/Oro Valley AZ May 2005 251 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses c) All accessory and equipment buildings shall be vaulted underground unless it can be entirely camouflaged as a natural feature. d) New roads shall not be constructed to specifically access the site. e) Significant resources, as defined in Section 27.4 may not be disturbed. vi. Discontinuance of Use a) Any antenna or tower for which the use is discontinued for six months or more shall be removed, and the property shall be restored to its condition prior to the location of the antenna or tower, all at the expense of the provider. The Town may require financial assurances to ensure compliance with this provision. vii. Noninterference with Public Safety a) No wireless communication transmitter, receptor, or other facility shall interfere with police, fire, and emergency public safety communications. viii. Technical Evaluation a) The Town may engage the services of a third party consultant, at the applicant's sole expense, to evaluate the accuracy of the application, Federal Communications Commission compliance, and other technical issues as needed. ix. Monopole and Tower Site Standards a) Any new monopole shall be separated from the nearest monopole — regardless of ownership and jurisdictional boundaries- by a distance of one- quarter mile, unless it is adjacent to an existing monopole or tower within a common screened wall. b) New towers require a minimum separation of one mile from any existing tower - regardless of ownership and jurisdictional boundaries — unless one 252 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses can verify that no reasonable alternative exists. c) All new monopoles or towers that are forty feet or higher shall allow for collocation by other wireless communication providers. d) Use of guy wires is prohibited. x. Access and Signage a) All facilities, especially roof-mounted antennas, must be designed in a manner to clearly prevent and/ or deter access by the public. b) All facilities shall be identified by a permanently installed plaque or marker, no larger than four (4) inches by six (6) inches, clearly identifying the provider's name, address and emergency phone number. The sign shall be placed in a location visible to passersby. xi. Provider's Communication Plan The Provider Communication Plans shall be utilized to require collocation and/or clustering of new facilities where technically feasible. xii. Application Requirements Applications required under this Chapter shall be submitted in a form and in such numbers as required by the official responsible for accepting the application. c. Minor Communication Facilities: io General Standards for Minor Facilities: a) Minor facilities may not exceed 40 feet in height unless otherwise specified herein. b) Minor facilities are exempt from parking requirements specified in Chapter 11, unless required by Planning and Zoning Administrator or Development Review Board. iiTier I Minor Facilities: Zoning Code/Oro Valley AZ May 2005 253 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses a) The Planning and Zoning Administrator may elect to make a determination on a Tier I application or forward to the Development Review Board for consideration. All property owners within 300' of the facility will be notified by mail and provided with 15 days to respond. The P&Z administrator may require a neighborhood meeting. b) All Tier I Minor Facilities shall be constructed using stealth applications that result in the communication facility being entirely indiscernible as a facility because it appears as a functional component of a building, structure, or the landscape. c) All Tier I minor facilities shall meet the following criteria: (i) They shall be located on existing buildings, utility poles, communication facilities, or other existing structures. (a) A replacement utility pole or structure may be utilized only if it closely resembles the original utility pole or structure. (b) The height of the utility poles, communication facilities, or other existing structures shall not add more than 20% to the original height up to a maximum of eighty(80)feet or the regulated height of the utility poles, communication facilities, or other existing structures whichever is less. (c) For utility poles or other similar structures the diameter may be increased up to sixty percent. . (ii) Or they shall bce located within concealment structures such as flagpoles, cactus, or desert trees that are entirely camouflaged. 254 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses (iii) Unlimited Collocations on all existing facilities. (iv) Flagpoles utilized, as an alternative concealment structure shall not exceed 1.25 times the height of the nearest structure and a total diameter of thirteen inches. iii. Tier II Minor Facilities a) The Development Review Board shall make a final determination on all Tier II applications, except when a proposed new facility exceeds the building height restrictions of the underlying zoning district. In this case, it shall also be reviewed by Town Council. b) All property owners and HOAs within 600' of the facility will be notified by mail and provided with 15 days to respond. The P&Z administrator may require a neighborhood meeting c) All Tier II Minor Facilities shall be constructed using stealth applications that result in the communication facility being incorporated into a building, structure, or the landscape to the greatest extent feasible; however, it remains discernable as a facility. d) All Tier II minor facilities shall meet the following criteria: (i} New monopoles or towers that are forty feet or less in height. The overall height may be increased to fifty feet only if the site will be immediately utilized for collocation. The increase in height will be the minimum required to support collocation. (ii) Collocation on existing structures are subject to the following requirements: (a) The height of the utility poles, communication facilities, or other existing structures shall Zoning Code/Oro Valley AZ May 2005 255 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses not add more than 30% to the original height up to a maximum of eighty(80)feet or the regulated height of the utility poles, communication facilities, or other existing structures whichever is less. (b) For utility poles or other similar structures the diameter may be increased up to sixty percent. (c) Collocations on all existing monopoles or towers whereby the total number of additional appurtenances is less than twenty five percent of the original number may be approved by the Planning and Zoning Administrator. d. Major Communication Facilities Major Communication facilities are those facilities that do not meet the minor communications facilities criteria. ii. They are subject to a conditional use permit. Once a use permit has been obtained, a Communication Facility application shall be submitted for Development Review Board approval. All property owners within 600 feet must be notified for the use permit. iii. Tier II stealth criteria apply to all major communication facilities. iv. All Major Communication Facilities shall meet the following criteria: a) The height of a facility shall not exceed the height established in the criteria for minor facilities, except that they are allowed up to 150' in C-1, C-2, and T-P zoning districts. b) A minimum of one parking space must be provided unless specifically waived by the Planning & Zoning Commission and Town Council. 256 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses R l i • + • ••• • - = • • =• All—condominiums and townhouses and any apartment buildings -=• .- -: = -=-::•••••-• a- a"-- a e requirements for construction - • -•-• - ••g units under the requirements of the 2003 International Building Code and all other applicable-Go—de—s, 14:G. Convenience Uses Nouse p- • - .• w w . . . w. . w '1" fettle ••. w. w..w a w w a.w • .a•. f w. . •w w w -• - • • �- w - w - listed below does not necessarily guarantee approval-by-the—MW-14 Council. The following requirements and criteria for convenience uses are intended to encourage clustered, commercial development, enhance traffic safety, foster and enhance development compatibility, harmony adjacent-property, 1. Standards for All Convenience Uses -a. Locational Requirerments a-i. No convenience use shall be located closer to an R-1-esidential District than 250 feet. b-ii. No convenience uCes shall be located closer to any public park or school than 500 feet. This nate ramal—areas dedicated to homeownerls associations. iii.No convenience use shall be located closer to any-R- 4, R-6 or R-S district than 250 feet--except-within d-iii. The above distances between a residential - __. . -'-e-nce use shall be measured from the abutting edge of the residential district to the closest property line or lease iine_.o_i .e_...eo.oven.ence-...use. The limit of the property line or lease line shall include all required parking, landscaping, and setbacks of the specific convenience use. v:L-eoational Requirements i,iv....___ Convenience uses shall be ancillary to and located in shopping centers, office parks, and-or a combination of a shopping center and office park as--a mixed-use development. Convenience uses shall not be permitted in office parks in an R-6 district. Zoning Code/Oro Valley AZ May 2005 257 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses use floor area shall not _~-w wo. w ~- aa' ~-~ . �'.w - tie - ~~ - w w ^- e~'^* o' _ ^ which a shopping center or office park is located and tThe total number of convenience uses shall not exceed 1 pad per 4.5 acres of shopping center or office park. No more than one dhve-in, drivo- through, or gas stationretail motor fuel!, or automotive service station convenience use shall be permitted for every nine acres of an office park. c. Access i. No oonvenienoe ue� ahe|| h�ve direotvehiou|or hi h id loyypr level of service than a collector street. All convenience uses shall be accessed through a common driveway serving the center or office pork. |f fD fe di ct T En i fo i di id e| on enienoe use. All convenience uses shall provide access points to the internal circulation driveways and parking areas of the center unless otherwise approved by the Town Council. 2. Tier I Convenience Uses 3. J.I...Conyen.ience..Uses ebatione, and automotive service. Standards for convenience _uses are delineated in the__ above and in the a. Tier II convenience uses shall not be open for business until ominimum qf 5]96ofthe net floor area for the non- 258 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses convenience use /n the nter: b. u} A minimum bW|ding_sde of 36_000 sq. ft. is required and lot frontaKg_e is to be not less than 200feel except thathic��gas stations may bekocuate_ion an exislDg or proposed pad within a shopping center. h) Vehiclequeuin hibitod in the required setbacks, c) All on-site aotivitioo, except those to be performed at the fuel pumps, are to be performed within a completely enclosed building. Paint spraying or body work is not permitted. �U All restroom entrances shall be screened from view of adjacent no rti i t i hto f+wu b decorative wall. N id or rental of trailers trucks or similar i t h Ub i�ed may be specifically allowed in that zone. frontage. ii. Car Washes Automatic and Self Service Aohi i | of 7O�� te recycling. to:the 4uilcljng_or_...pertlip.r.lentiy____affixed_to_the ground nd U rk h U b nied t �hi th oe�b hoofth H of i h U b |i i d efjerho naofo ti Zoning Code/Oro Valley AZ May 2005 259 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses m , _ _�= ^m_, ~ ` 2-Walls a.VVelle-which front on a public street shall be stuccoed, have - ^. ^ '^' ^ w w ^'- e be designed to match w. o'^w w~ ^~ mninimumof3feetinh*i*ht b. in shopping centers or large commercial projects, which are adjacent to residential uses, a screen may be required by the Planning and Zoning Cornmias|on, Development Review Board or the Town Gouncii c.When adjacent to a residential district, a 6-foot perimeter screen wall 3 feet from the adjoining property line shall be installed as part of the first phase of development. The—wall shall—be screened from—any—abutting nUngo at least 4 feet in heigbt-and spaced no more than 3 feet apart. In situation -re two screen-walls may be located 3 feet from each other, this-requirement may be waived by the Town Council. ~ -e ~- w~ ^ '- a.A|{ refuse areas-shall-be screened on thee-sloes with a 6-foGt and shall be finished to match the architectural character of the project. Furthermore, jacoject,--shall-be-installed on-the fourth side-ofthe� enclosure. o architectural c e,Re4ueeonea corner-tots shall-be t-Ae oonstruoted of briok, slump block o stucco or mortar wash finish, or similar finimh, designed to match the main building design. A landscape screen m~ w w w-w .we-e^ m ^~ _ -~^ `- .^o 27,6(-G-)7 4,-Architecture 4`Apehiteetepe 2-All convenience- be designed in a "Southwestern" "Territorial", "Span' -mw^'' ". "`• eion". "Santa Fe" 260 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses and "Santa B- e- - a" -•: er in acs -with to-C-incoura••• •- *• e •a •e •• . ,• with such styles. b.Use of stand- . ee „ .a-• • • •-•a- -* into the architectural design shall be strictly regulated by the Development Review Board. Excessive use of such the-a •• •a ae e . . e e-a• a as project. c.The architectural character of the pad buildings shall be •a ae • • •a ea .e■ ••asa e • •e••.•e a• t roughh-fhe- -se-f--the same-b4d --ma4ec4a-Is;sha-pes; details—and-dors. Au parking, ci-rou4_ •=a, : .-,._ . , setbacks and signage-shall-be-integrated with the entire design theme of the project. d.The elevation--design of the building shall-povidClingic.. -n character and detailing on all four sides. 5.Fire Access At--lea-st----two---dc veways--s~ha-ll--be provided for circulation-and emergency vehicle access where practical. 6.Landscaping a.Drive-th r-o -g-h-windows and-waiting/stacking lane all be sore-• e • a w - e= • •-- _• cape screen. The entire length of thc -4a-ndscape screen shall be a rnini-m-um of 3 feet in height—Tile-screen shalt--be-l•eoafed- on the-o-utside of the dri v e_fh roug h I a a- _•= a- _ -a• w w. wrn• - .e..--• w •b.The landscaping--of-the pad building-shall be compatible-with the landscaping of the main center. c7C-le ar entif iable--la caped ped e s t ri_• - - •--l_I--de ifnstailed-connecting the pad buildings to-parking areas and the- emwerc-i-al center d-All--oonven-ie noe--use buildings-shall--have a--min i m um-42-foot landscaped--area-oh—all four sides°-of--the-----bni l4i n-g P'--edes-tcian--walkways, sidewalks,-or patios-may---be included-in-the-12 foot-lana# ared a -.p rov4de at-he sidewalks--or-waa-kw,ay-s--are nc ec-e--than-6-feet-in--width tf tl�e-build ing--has-a- +ve4h-r ugh in-do v-and%oc-watti ng or stacking lanes, then the 5 foot-landscaped screen required in Number 1 above may be substituted for the landscaped-area akmg the corresponding side of the building. Landscaping shall be installed pursuant to Sw an--2-7,6-(G)-7 Zoning Code/Oro Valley AZ May 2005 261 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses e- e-walk entrances to the building are permitted through the landsoa-ped---seree-n-: 7 1ghting a.All lighting shall conform to- Section 27.5 of the Oro Valley Zone----bode-Revised-: B-Meohan-iea1---Equipment aNleollaniGal-ewipment, whether ground level or roof-mounted, shall be screened from public view and designed to be pe r-eeived--a s--a-n-4 teg-rai---fart--of--the---bu-iidi-ng-.- b. Electrical meter and service components shall be screened from public view and painted to match the exterior color of the a ud+ng.- g-:--Main te-na1 ce aThe landscape design shall facility • -ea ' m•-'• -a-a.- ...e -_-.- considered. b.A n automatic irr gat-ion---syste-mF--sl ri be provided to all planting areas and plant-materials—An-exception may be made kIesert is being preserved. c.Landscaping shall be maintained in good condition free of refuse and debris and shall provide a healthy, neat and orderly appearance at least equal to the original installation, d.Dead vegetation shall be promptly replaced with healthy, living plants, e.Landscaped areas that are susceptible to infury by pedestrian or auto traffic shall be protected by appropriate curbs, tree-guards or other devices. f.When adjacent to residential uses, all required perimeter landscaping and an irrigation system shall be installed - : - _- _• __ - e--occupancy is issued. g.All trees planted shall have a minimum caliper of 2 inches measured 3 feet from the ground and all shrubs shalloe at least a 5-gallon size. a. All parking areas and driveway lanes adjacent to a public etreet---sha44---be screened. The screen---Ghali--be--a 262 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 2501 Requirements for Specific Uses minimum of 3 feet in height when-adjacent to the street; •w • -'-e• a• .• • •. A a ••a••• • • e• • • ••- • ♦ • w w . . - •w - •. ••w - e -• * •• - wen are appropriate and shall make his/her recommendation to the Planning and Zonine _:a ••' • .... ==a•-• Review Board and Town Council. 11.Proximity of Structures -.0- 's e w •_ =- _w• "'- -- ecated to provide ease of access-to a I l i i se_ b.Parking lots shall be arranged to provide parking spaces available within 300 feet of the building that is typically r • •i w -e aa- •• •• ,. - •a s i ictal Ice. c.Customer parking shall be provided in safe, convenient and logical location-s-t-1 evelopment. 12.Parking Lot Requirements .aa a •a * a• e a •aa w. era Section 27.7 of the Oro Valley Zoning Code Revised. . .- .. .. .r V .� ...rte�.• islands. A minimum 5-foot wide island shall be installed at every tenth parking bay. Each island shall have at least one canopy tree that shall measure 2-inch caliper cneasureci3feet above the-ground. Shrubs and goouod-cover, at--I-- _ e- ea • -, -all also be required. c.Sig ht visibility-areas e- -_ _. _ - -•d 6 feet-above ground-level shall be kept clear at interseo-t-iec- within parking areas. d.All off-street parking areas-eh-alt ee-ba urfaced and -st- ff rrr-ee, e-P-ari-ng areas shall--be--located in close proximity to the poked building. All-parking lots shall be---heav-ity landscaped. f.The parking layout shall be de&ice d-so--what ve-b-ioles do not • •• a ••- �� ..• ,-,. •e w w w - w w •w - � w g.All parking-areas-and-other areas subject to frequent vehicular use-shall be paved v-it. - halt, concrete or a similar material 11-P-arki n g l a y ou-t s shall-be-designed---for--double-loaded-parking w-here-ver possible, so that-less--paving--is--req -fired-: Zoning Code/Oro Valley AZ May 2005 263 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses i.Parking shall have primary access from a public street. Alleyways-sha-ll--got be-used fo-r---aoce-ss: shall bee minimum of 6 feet in width and the tire s-tapie e -=•• -..-. ll be waived. k.Traffic using the main access drive(s) shall be directed, by design, away from pedestrian paths or other areas of I.A minimum of 6-inch high concrete curb shall be required to the vegetation contained therein. 13.Parking Lot Lighting a.All lighting shall conform to Section 27.5 of the Oro Valley 14.Traffic Impact a.All submittals of development plans must, in addition to the requirements set forth in Section 22.9, submit a traffic impact analysis to be prepared by a registered Ucens d - '� � S. � . .w v.• . • LAI guarantee approval o - :- - - conditional use permit by the Town Council. b.Sight distance shall be adequate to provide for the safety of d -ers---appr-oachi-n-g intersections of the access way-to the highway and to ail_• _ _•, ••_ .11= "'a= movements. In determining -e.‘ -•--a6 'g-ht distance—in a particular case, consideration shall be given to topography, speed •..• _ _ -- •pe--of highway inue-Nred. The need for aceelera-tiGn deselecatio-r-----la-nes-s-sha-ll------be----adequ-a-tety add-res-sed-in--tie- ra#f ic•-ina-pact analysis, c-:AMeq-u,ate-f4-ree-mess a-s--d-eterm-Fn-ed--b-y--laca---f i-re----au-thor-ities a-nd--the--T-own-E ngi-neer--sl=i-a-ft-be-pr-Gv-id-e4----c-u bs---slR-all be-painted--red--and proper signage--installed d-e-sig attng " h-ar�.�re aS, d:The-a-moun-t--of--s tac44ng---space regia- d- a•i ti a.g-veh-ic.ie.s shall be determined by the traffic impact-analysis. e-:T=he-coca-tie-n--and--n-u rnber--afpoints of-access to--the--sate;the interior--circulation-patterns and the--separ--atian-betweeen pedestri a-ns----a-nd--- i' c-le-s shoold----a-Il---be----d-esig-ned—to e safety and convenience of those using the site. The design should b- ..e.•e. a e e:e -e 264 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses and neighboring buildings. The trafficimpact-analysis f.Convenien-ce uses are to be accessed via driveways serving the larger development that they—are located within: Hovvever, if traffic safety wanonby, only one direct access point (driveway) per arterial frontage may be -vw w ~o n `' w' ~ ~w'`eer for an individual convenience use. g.The traffic impact analysis shall comply with nationally recognized standards such as those contained in the on . e^ .~n .~ . w `'- ^w -.~wmww . ^w Edition pthe Institute-of Tna th- ouu .~ =w°- on o recognized-otaedapelo approved by e atandonfs-GC onotienally reoo denial of the p 'aot. h.Noconven-iehee use shall hovedhect+veh-iee4ar access onto a residential sbeet, i.e. any street t level of-ga*m4oe than a collector street i,uuoeeptaex*o by-the Town Engire*er-Of-the traffic impact-analysis will—be required—prior--to—development--plan on�/ep . �� . .' ' _ negative—impacts on—pulalic—safety—and-clevelopment compatibility—m-ay—fofm--414e—basis for—denial—of a ecx*liti-er*e| use permit application or de 15.Nei-se Noise from drive-through speakers shall not d p 4G. The-i4lte# o s to assist the Town ingrowth nn-^-w~~^-^ . « - ^ w .^~'^w w - ~ •'^w - . -~, ^ ~w - ~m - - u. ~ a '^ w m~ w m w~w and enhance »'m '~ - - w -~^~ ^~ wm'~� ' e of harmonious and compatible development and prevent the circumvention of the |ocationo|, architectural and design requirements of the .' ^~ x~ ~ mo~~^ w .^ '~w w' w'^^ ' - . w~ w _ ^wow'~w center shall be reviewed proved by the Oeve|w o aa~~ •'~ m w_ w .^w e...~ .w~~. w '* Zoning Code/Oro Valley AZ May 2005 265 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses or simultaneously with the approval of a development a b,Gonvenienoe uses shall not be open for business until a minimum of 50q6 of the net floor area of the non- convenience use structures within the shopping center he c.Convenience use development proposals submitted subsequent to the approval of a development plan for the shopping center in which such use is to be located shall comply in all respects to the provisions of this --. .e• e. ~m ^^ ~w w: - w .w - ^'~~o~ w pads, allowable floor area, required parking and maneuvering space for the use, archi4ectural4n1egrationT nevi o. and ' ~ o- 'w^. mm- - .ea.. o~�e e,4-eepy of the conditional u 'w e ^- • .~ '~g- atnstorenoasedinp|osdoorothemvioe framed ohaU-be-po �/ +/ ad+�i-Gm to uirernents,-#he oonve/�e-noe-usern Section 25.1.AA.3. through 10. e,Garax4aaa are to n 10 feet to any side or rear p e. De 'e w ~- --~w= ^- architecturally match thedesign-of-the-main buildi-ng, . AA sanopy--lighting-sh-all--Go-n-for-m-to--th-e--re-q-uirements of feet. Alln#onm-to t Code, (Chapter 28) of the Oro Valley Zoning Code Revised, d.Speoifiadhours ofopena#en-oh-aU-be+-shovvnonthe application for the conditional use permit. Inop hou-raofopenstion shall be used as a basis for denial. The appropriateness of the hours of operation shall be determined by the specific location of the proposed �.^ ' ^ =~ .~w 'w~ w ^-^ m-w- w' »enoingmachineo. outside displays of merchandise, cigarette machines or other �Aape*��inw ^^~~^'`~ ' o e--e- aw' 266 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses LI-1. Day Nursery or Preschool No use permit for a day nursery or preschool shall-be granted unless the follow-i.ng--corid•ition-s--are--met 1.The use shall b- •e•a e- - - -e ne+g-hborhood and shall not be detrimental--due-toy a-41are a se d-a•uttamobi-le tra-ff ie t:-Norse--ge•nerated--from wit i -the s to 2.The propos-e --- ' . -. - -a-a a - -e County ars d•-State--#health"-Department _.A : ': •.- e - um of-6 feet high and a landscape buffer shall be provided around play areas abutti-: _ - 'ea' : , a_ e- e e -e - - - - e e- '-e :ace for each 200 square feet of net floor area. A maximum of 1/2 of the area for required parking may be used as a portion of the outdoor play. area. If the building changes uses, all required parking areas 5.Pr ovision Provide for-child drop-off areas with direct pedestrian access to the building entrance a_ e e - a e -- e -a r I. Fire and Police Stations and Emergency Rescue Facilities No use permit for a fire station, police station, and/or emergency rescue facility shall be granted unless the following requirements/criteria are met. Compliance with all the criteria listed below does not necessarily guarantee approval by the Town Council, which may, at its discretion, • • •• �a e-e e- as aw. as . e a- - e- aa' 1.General . e—- 'ea: __-- •cil-ities may be located only within C-1 and C- 2 Commercial Districts and T-P Technological Park District. b71. Minimum property size: 1 acre 072. Permitted coverage of buildings and parking: 75% of the gross site area or-land-sca-ped in accordance with Section 27.5 of this Code. S i,t�tt7�tln T�iTTt se t tib t i-b- .• e a --a a a s e a'a e e' ' a'a Zoning Code/Oro Valley AZ May 2005 267 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses f-Maximum b.. .'■• a .• '■ e e-*-- ■ ■a s■'■. •' wi'•t-h-i• w-h Gh--the---s+te--i:s--los-a•ted 2:VV-aila a-Which front on a public street shall be stuccoed, have mortar therwise be designed to matc-h ern et in hetet b.When located within shopping centers or large commercial projects, which are adjacent to residential uses, a screen may be required by the Planning and Zoning Commission or the Town Council. c.When adjacent to a residential district, a 6-foot perimeter screen wall 3 feet from the adjoining property line shal-1 /a+ '■ -,• •/• ■- a• ' a• '•a ■• a rds as part of the first phase of development. Tree or shrub a -s at--leaet---4-fee- - e4g h t a n-d-spa-oe d no more than 4 feet-apart shall be plaeed-el-tsi4e-the required scree. a .•a a- w ma -be--I-e-a-ted 3 feet from each other, this--re-quirement may be waived by the Town Council. 3.Landscaping A-kands-Gape planhail-be submitted in accordance wig-7.6 of this Code. 4-3. Vehicular Storage Areas All fire, police and emergency vehicles shall be stored/serviced within a building or in an area enclosed by a 6-foot masonry wall. Said wall shall be finished to match the main building(s) on the site and shall be screened by plantings at least 4 feet in height and spaced no more than 4 feet apart. 5.4. Access At least two driveways shall be provided to assure safe ingress/egress. The location and number of points of access to the site, the interior circulation patterns, and the separation between pedestrians and vehicles should all be designed to maximize safety and convenience of those using the site. The design should be harmonious with proposed and neighboring buildings. A circulation assessment shall be prepared which addresses parking requirements, site access and vehicle turning and backing requirements. 6.Ccrnmunic atior is Tower-&;--Devices 268 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses Height -soreon inf-towers, satellite dishes or antennae an-alysis, 77R-ef u&e-Areae Refuse areas shall be screened on three sides with a 6-foot mason •. •_ -_• •. • •_ •• _ character of the project. Plantings shall be included as required in Section 25.1.0.3. Furthermore, a self-closing, self-latching •A ,- - • - • w • --- •• •A -. • '-e of the enclosure.- • w 8.Lighting a. All lighting shall conform to Section 27.5 of the Oro mounted, shall be screened from public view and designed to be perceived as an integral part of the building. b. Electrical meter and service components shall be screened from public view and painted to match the 10.Parking a.All parking areas shall conform to the provisions set forth in Section 27.7 of the Oro Valley Zoning Code Revised. e. •• •-• •- •11-= .orated in parking areas. A minimum 5-foot wide island shall be installed at every tenth parking bay. Each island shall have at least one canoe -• - --II-measure 2-inch caliper measured 3 feet-above---the ground. Shrubs and groundcover, at least 1-gallon size, shall also be required. e:-All-Gff-street parking areas-shall be hard-su rfaoe�d--d- free. d,The-parking layout shall be designs -4at vehicles do not back into the adjacent streets and alleys. e-br ing---layouts shall be deed-f- ouble-loaded paw wherever possible, so that less paving is required. f.Parking areas sha •..- ; •••- ___- :• _ public street. Zoning Code/Oro Valley AZ May 2005 269 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses g.A minimum of 6-inch high concrete curb shall be required around landscaped islands in order to provide protection to the veg- -- "--. -- -•.. • w r w • 1 5. Noise a.Noise from loudspeakers or paging systems shall not be audible f-o-r -adjacent-pro peFt es-: b7When abutting a residential district, sirens on vehicles shall not be activated until emergency vehicles reach the nearest arterial street unless required to clear traffic. 42.Traffic-a-m pact A traffic impact analysis shall be required, pursuant to Section -1--K44 4-37-Other a.A copy of the conditional use permit stamped by the Planning framed shall be posted at all times on the premises. -ail;.ire to- comply with these—r-:.;r,. -+ e vvriation of the--Sendi-tio-- c' - _ .. •.. dam. . . .- .- • -. . v e 1.No use permit for a golf course may be granted unless all requirements from the golf course overlay zone, as set forth in Section 24.3, Golf Course Overlay Zone Requirements, are met. Compliance with the provisions of this Chapter does not necessarily e approval by the Town Council. .. Golf Safety Nets Golf safety nets may be permitted in all districts provided approval is given, in writing, by the local Homeowner's Association and/or Sub- association, if active, and staff makes a determination that the design standards in subsection R.1, below have been met. 1. Design Standards a. Nets and poles may not exceed twenty feet in height from grade. b. A driving range barrier-type nylon netting material shall be used, which shall have a 3/4-inch weave and be black in color. 270 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses c. Net structures shall be consistent, in all details, with existing safety nets located in the immediate area. d. The preferred method of support for the netting material is via a cable connecting the top of the two poles, as opposed to multiple horizontal rails. e. Poles shall be painted to match the color of the primary structure on the property. f. Structural design calculations must be in accordance with those adopted by the Town Building Official or, otherwise, must be prepared by a qualified registrant and approved by the Town Building Official. g. No Flags, signs, banners or other appurtenances may be attached to the supporting poles or netting material of such nets. h. The safety net and supporting structure shall be located and designed to minimize the potential for damage to adjoining properties resulting from deflection of golf balls directly off of the safety net and supporting structure. 2. Building Permit Required A building permit must be obtained prior to construction of golf safety nets. A building permit will be withheld if: a. Written Homeowners' Association approval is not presented, or b. The design standards set forth in subsection (R)(1) have not been met. Health Studio or Fitness Center In the C-N district, a health studio or fitness center is limited to 2,500 square feet of gross floor areaActivities must be indoor within an enclosed building.. Q-l_Hospital for Animals In the C-N, C-1, and C —2 districts, a hospital or clinic for animals,This use may including include boarding and lodging, is permitted, provided that all activities fl-pare conducted in soundproof buildings. Payt___.Marketing of Products Raised on the Premises A stand of not more than 200 square feet in area shall be permitted provided said stand is no closer than 10 feet to any street line and no closer than 20 feet to any other lot line. Zoning Code/Oro Valley AZ May 2005 271 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses C atury is t • •• 1 IP r • Nur-srinGareci ities I-General--Requirements a-No use permit for Mature Adult Retirement Quarters, --_:•" _ _- - : _ ' ed Nursing Care Facilities shall be granted unless the following requirements/criteria are met for each type o Compliance with all criteria and standards listed below does not necessarily guarantee approval and, at Town Council's discretion, additional conditions may be bin addition to the standards set forth for each respective health care facility type, those development standards set forth in subsection WA. mu-st---als4--be—addressed on the development plan for the project. a: at e-Adult Retiremen to Rehabi4#afiive- nd ck;-4edd Nu-r-sing Care Facilities are permitted uses in the R-6, C- -1-7---and - ,-a-nd C-2 zoning districts. The specific use per-mit L`1"ter1� outlined +low shat re . r.s .. a development stand acd-s-and--m -st-beset;for such uses in these districts. Where-oonflict arises, thestan4ard-s set forth in--this Section sl�a -app :- 2.Mature Adult Retirement Quarters a aximum permitted building height: 35 feet, 3 storieso- b.Minirnum lot size: 5 acres. c.Maximum permitted density: 30 units per acre. d.Permitted site coverage: 45%. e.Arch iteet -ral sign: all b u-i-td ing-s--shall p rovide a- -h+teetuc-a4 articulation, _.e. min- nm-um 5 foot-recesses, projections or f.Off-street parking and loading: see Section 27.7 and 27.8. g-A--ninimu-m,---of25° --of--the site shall---be maintained as landscaped open space. _ - .--A -II—Mature Adult Retir-ement--Quarters must r rnwd©' i.A food preparation area with staff. i-i.A communal dining area. 272 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses iii-G rau-p-aeti•_vity-a-r-ea(s)- iv.Personnel available for monitoring of residents' gene-'--a-1-health-and-tee ll-laeing-: v:A -e-mergenc- 4n-itori ng- ys-tem---in-a•ll-u--n its:- :: - .e- : =—- retail outlets, business and professional-services i.The design criteria set forth in subsection W.4. shall also be applicable: 8TR•e-ha-bi-I•ita•t -e-Gare-F aeill-t+es a a.kA_ •-.. . r-- -... • ,.�a - - tea ..w' - : --. •.a • w. . . w• w _ •. r r 4evele fine1t-sta-ndar-4& b7M-in-im-u --lot-size: 2 aerec c.The facility shall include both private and-semi-private rooms; + . eee •a. ---• . e- a eee -a a .• as • - • w w r w e • w . �.• w . -w. and subject to approval of the Planning and Zoning A---•-• a /� - .. . •-• ea-- • •- -.w and used, for single occupancy. Alternatively, private showers and dressing rooms may be provided in a central f „ approved by the Planning and Zoning Administrator. Each semi-private room shall include private d sink facilities. El-Permitted site coverage: 45%. e.Architectural design: All buildings shall provide architectural e .: :.• :•-: -.ss. f.Off-street parking and loading: see Sections 27.7 and 27.8. g.A minimum of 25% of the site shall be maintained as pace. h.The design criteria set forth in subsection WA. shall also be sable- `wed Nursing Care Facilities _.�• _ - =_ - :. : -: -- =- per zoning district development standards. b.Minimum lot size: 2 acres: Zoning Code/Oro Valley AZ May 2005 273 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses o.The facility shall include both private and semi-private rooms; w wow 'w^ m '.'^ ^. w- w www ~w w and subject to approval of the Planning and Zoning Administrator. Most private patient room-s shall include w ' . - w' - -~w w~ ''^w -cUities and shall be desined. and used, for single occupancy. A|hernative|y, private showers and dressing rooms may be provided in a central facility, as approved by the Planning and Zoning Administrator. E vate roonI--shall include private toilet and sink facilities. d.Permitted site coverage: 45%, e.Arohiteotural d architeetur-a articulation. i.e., minimum 5 foot-nace-sses. projections or offsets to break up building mass. f.Off-street parking and loading: see Section 27.7 and 27.8. nn of 25% of the site shall-be maintained as we.-' o-oe. h:The-design criteria set forth in outaaestion-W4. shall-also be 5.Q d Adult—Retirement e,.~~ . -o -- ~ ~- •- abilitative Nursing Care FooiUt receive of-compliance shall be supplied to-the-Town on an annual basis. b.The Avi vided. and-the general quality of the en*iromment, shall be,-evaluated again-s --those quality -m w ' • - '- -t forth in that-de-- ^ ' . awhich-is � uirem Yo: d attractive residential e#*nesphene, g, air eon ventilatian, ~ 'den ~` wwvw .^' w socialization. s shall be provided CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses co -v-e-na-e-rpt-for---use-.lay-- esideat-s--a-nd-th e-p c lali iv: -u-nd e iee-,-e-tf e c--or off-site;- v.Open space areas so arranged and landscaped as to provide an attractive outdoor environment for �- • -' - ' a - - •a can be adequately sup-A.° -e e— --"•-:- c.Failure to comply with the criteria set forth in this Section, and the aforementioned assisted living initiative, may be e e.** e ",e—tion of conditional use permits or N. New UtiIfty ftles.and W res. Applicability a. It is unlawful to erect, possess or maintain any utility poles or wires above the surface of the ground except after obtaining a Conditional Use Permit therefore. b. Exc ptions Utility_poles and wires erected prior to December 31 1983. ii. New utility poles and wires erected for temporary use for periods not in excess of 4 months for purely temporary purposes such as for providing temp_orary building construction power or for emer•enc •ower or teleshone service, or for the furnishing of power to temporary ou_tdaor__-activities_ _`This 4-month period.m_ay be_-.extended--.-.b.y__the..Town._Council if good cause is shown. iiia_ ___ Replacements _i_nvolvin9._less__than X00 feet of cantin_uous-._poles__and wires._on_._any_transmission ordistribution_-line__in_a_ny..1.2._.month_period--_w'ere the remainder of such transmission or d str butip .__.line.__s__not.._alsa..._being_ re_placed..__within said-._period. su.ch._.._re_place.ment_._excluded__fram be n.g_.new_._util.ty___._potes .under the__I_atter..._clause. mtct he hale. ref tha c.m� r.r s.iz. d_iamaters._..hei.ght._and.__n_the._same._locafi on..as._the must be of the same classification as to strength and_purpose within the utility industry as pole or go.ies.bei.ng__re.p aced Zoning Code/Oro Valley AZ May 2005 275 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses iv. Erection on the_g-round surface and flush to the ground of transformers, p_ullboxes, service terminals, pedestal type telephone facilities normally used with and as a part of an underground distribution system. The size, type and design of these are to be approved by the Town Engineer. v. Erection on the ground surface and flush to the ground of wires in encased concrete or conduit where underground wire installation is not feasible due to special features of the terrain. 2. Approval Criteria a A Conditional Use Permit for the erection of new utility poles-_and.___wi_res..___will.•.. be_ ranted__in_accordance__with Section22.5. b ___-...In addition,_th_e prima_rY.-consideration__shall be_aesthetics with the following factors also considered: TI EC IocdLfUn and hCi ht Gf suc,h ol�s aria wires and the relation to the present or potential roads; ii. The crossing of such lines over much traveled highways and streets; iii:__ _ Proximity.of-such lines to schools, churches and other 'laces where •eo•le ma congregate:. iv. Fire or other accidental hazards from the presence_of_such_poles�a_nd�wires a_nd th.e effect: if_any,._of_the..same_u•po.n-_the..effectiveness.of fire fighting equipment; v. The availability_of__a_suitable__right-of-way_-for.the installation; vi. Future conditions which may be_.__reasonabl.y anticipated.__in the area_ in view of a normal course of development; vii. The type of terrain; viii. i i is p acticalitY_.._a d _�Cdsibility of of lderground installation of such doles wand_._.wiresw_with_•_due regard for the... comparative_.._..costs.__between under round_-__ ._natal-lations. .-provided.,....-....oweyer�..that...a--_mere..-showiog...that__an. und.e.rground•._installati.o.n-._sh.all-_cost more_tha.n_.an 276 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses overground installation shall note in itself, necessari___y.regu�re...�ss_uance.._o...a....pe.rmit). c. In the event such poles and wires are for the sole purpose of carrying electricity ar _power or for transmitting of telephone, telegraph, or television communication through or beyond the Town's boundaries or from one major facility to another, the practicality or feasibility of alternative or other routes shall also be considered. T:O. Restaurants, Within Specific Districts 1. C-N District Sales of alcoholic beverages are permitted in compliance with the following conditions: a. No area shall be used exclusively for the consumption of alcoholic beverages. b. Sales of alcoholic beverages shall be only for consumption on the premises. No package liquor shall be sold. 2. T-P District No use permit for a restaurant shall be granted unless the use shall be compatible with the T-P development and/or any abutting residential development and shall not include drive-in or drive-through types. UP. Restaurants, Drive-Through/Drive-In In addition to the guidelines set forth in subsection 25.1.M. for convenience uses, the following requirements/criteria apply to drive- through/drive-in restaurants. Compliance with all the criteria listed below does not necessarily guarantee approval by the Town Council. 1. Outdoor eating areas for restaurants using disposable dinnerware, wrappings or napkins shall be enclosed with a minimum 3 foot wall in order to prevent the blowing and scattering of litter. Such areas shall be patrolled by an employee(s) of the restaurant at least once an hour during hours of operation to collect improperly disposed dinnerware, 1A rarrirgs yr napkins. 2. Landscaped areas and parking areas shall be patrolled at least once an hour to collect improperly disposed dinnerware, wrappings, and napkins. Zoning Code/Oro Valley AZ May 2005 277 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses 3. All signs must conform to the Oro Valley Sign Code (Chapter 28) of the Oro Valley Zoning Code Revised. 4. All loading zones and service yards shall be screened from public view by plantings, walls, or a combination thereof. Such screening should conform architecturally or otherwise to the overall design of the restaurant and the larger commercial development within which it is located. 5. It is recognized that accumulated food waste materials on the premises tend to create a public nuisance and they shall be disposed of at least once every 24 hours or as restaurant volume dictates. Spilled grease, oils, or fats located near refuse areas or any other area shall be promptly removed with a biodegradable solution. 6. Smoke and odor filtering devices shall be installed on all restaurants. Electrostatic incinerators shall be installed in all restaurants in order to control noxious emissions. The filter requirement may be waived at restaurants where no cooking takes place, i.e. sandwich shops. 7. Employee parking and stacking space for waiting automobiles shall be determined by the requirements of Section 27.7 and the Traffic Impact Analysis required in Section 25.1.M.11. 8. Grease traps shall be installed in all drive-through/drive-in restaurants. All grease traps shall conform to the standards contained in the 2003 International Plumbing Code. V.Sefvice-Stations, Automotive In addition to the guidelines to wed for all oocwen-ienoe-tt-ses Si e• .1. . w� • w w e • w• • - pply to all service stafle ltemGtive T-u-ses as--+sted-- e low. Cam ��e ce�wit -ail the--orite a- -i-sted-below-dees-not-neceasacity-gu-a-ren-tee--ap-p-raval->y----the Town Council -1,- o---me-r-e---than--two-oervrloe---station-s--,are to be located-et arty}-street intersection. T-"e--m-irl -ur- -distan-ce---between service stations not-located at the sa-mII- ction is to be 500 feet. 2:A--m-i n-i mu u-ildi-ng--e-i to of-4-aore--(43;56-9--sq--ft:)--is-requi red----�--at frontage is to be not less than 20,0-feet: -Gasoli ne-pum-psi?d-ptimp--islafIcts--fr o.-be set...fbaok frr.r ._t, rnpe4y tine s of f cies t-d-istanee-so that-veh-ic-le-s-bein g---served or waiting wil-l-not-ocoupy required setbac-k-s:- 4-,Canopies ere--to--be boated-no-closer-then-10 fest-to-any--side-or-rear -propeerty--lime. Design--of the---ca no fay---sill aroh-iteotu-r-aily-m-atoh the design of the main building. Sign-e- _ _- - ies. All canopy lighting must conform to the 278 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses requirements of Section 27.5 of the Oro Valley Zoning Code Revised. The maximum height of the canopy shall not exceed 18 feet. All signs must conform to the Oro Valley Sign Code (Chapter 28)of the Oro Valley Zoning Code-Revised. 5.Al l on-site activities excee a e - . e- .-a e as-, a- - as. - to be performed within a completely enclosed building. Paint- 6.Where towing service is to be provided, a parking bay for the towing vehicles is to be provided and screened. Said vehicle shall be -_-_e ea a __ 'e- • a as'a'as as _ ee .. . „ . architecturally matches the main building. Vehicles that are either---under re p-ai r or-v +o4es that have been--rep-ai re d may-be stored on a temporary basis, not to exceed-7-days---and desisted--padking--ba-ys-m u st be provided-for each-vehicle awaiting-repairs. 7.All o u t-d oor-ligltin g shall conk) a* • _ -= - ._ • he-Gro Valley Zoning--Code Revised. In--addition, all-fighting shall be attached to the main structure unless otherwise specifically approved. 8.AR structures approve- ;ora Ese permit shall be of a design character--thaws appropriate to the ares n v iich-they are to be-constructed. Ren d ergs-o-f bu i l d tng-s-sh a l l accompany each-e-ppllca-tio-n-a -con-structi on-sba ll-be rg-conf o ity t-he re-to All canopies shall-be-connected-to the-roof of--the-m-al-structure unless-otherwise approved. Architectural---detailing s-loll-be G4911-s-i-ste- --en all four sides--of--the building, 9.All----restrQo --entrances shall-be-screened from view--of adjacent properties--or street rig-his-of-way--by-a-d-eeorative-wail- 4,-N-e--outside-s r ge-of;and--no-sale, lease-or--rental-of-tr- filers;trucks-or similar equipment shall-be permitted-except-a&-may--be specifically alloyed-i gene -1-1-, a r4 ng--spaoe-for-owe--vehicles for--each--service-bay;-4r--t-he--station shall--be p sided------P --islands--s kcal l--net b e-- nsidered-as service bays. Sta-ndi-ng---a;e-as at pump islands and interior circulation areas shall not be used as parking areas in calculating-req uired--park ing--spaces- 12.All entrances to service bays shall be from the rear of the building- s- •a '•- •. • ss..s . .. _ ... •• '• - .. of the building, shall receive compatible design character-and detail- , :QR Temporary Real Estate Sales Office 1. The office shall be located within a model home built in accordance with the zoning where such office is located. Zoning Code/Oro Valley AZ May 2005 279 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses 2. Temporary real estate sales offices shall be permitted for a period not to exceed 2 years from the date of initial home sales. 3. At his discretion, the Planning and Zoning Administrator may grant extensions of time at the termination of the initial 2 year period. 4. At his discretion, the Planning and Zoning Administrator may grant permission for a temporary real estate sales office to be located in a portable structure. All such structures must be approved by the Planning and Zoning Administrator prior to installation. f Tennis and Sports Clubs 1.The use will be compatible with the neighborhood and will not be detrimental to the-same-due-to; a Increased automobile-traffic b.Noiseg--- _ -: .- •te 2„1. The minimum property size shall be 3 acres. 3.lf courts are lighted, lighting shall conform to the requirements of Section 27.5 of the-Oro-Valley Zoning Code Revised. 4:2. Fencing of courts shall not exceed 12 feet in height and may be required to be opaque by the Town Council. 5,3. There shall be no shows, tournaments, or other activity that would generate more traffic than is normal to a residential area unless access is provided from an arterial street. Permission for such shows and activities may-must be obtained from the Town Coil--Permission shall be requested in a letter that exs spectators, additional parking and traffic. This letter shall be submitted to t he-T-own--C - _ -_ • eeks-p-rior to the-h-e a r i n g- at which consideration is desiredvia a Special Use Permit. 64. _ There shall be a heavily landscaped buffer strip 50 feet wide adjacent to any residential zoning district or as otherwise determined by the Town Council. Z-S. Timeshare Plan No-use-p-ermit-for-a-times1-4are-pian--shall-be-granted-urliess-the following co-Rd-it-inns are met: 1. Each timeshare unit development shall have an established association to ensure constant maintenance of the exterior and interior of the development. 280 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses 2. On-site security shall be provided for each timeshare development. 3. On-site sales are not permitted. 4. These conditions will be reviewed during the development plan phase of the proposed timeshare unit. Any—person seeking a conditional use pe aa. * - -_ °_• of the-gcctind--shal•l-first--make--epp-lioation-then-efore to-fhe T-ow-n-Cou•noft -:Appre-val-C ri-ter4,a itional use permit for the erection of new utility—poles eeneral health, safety and welfare will not be impaired,- endangered mpaired;endangered or jeopardized by the proposed erection. In deciding such matter, the initial factor, which shall be resolved prior to discussion of any other factor, shall be the-aesthetics involved in the erection of new utility poles and tafires i.The location and height of such poles and wires and the relation to the present or potential-r-oads-; ii.The crossing of such lines over much traveled highw treets; iii.Proximity of such lines to schools, churches and other places where people may congregate; iv.Fire or other accidental hazards from the presence of such poles and wires and--the effect, if any, of the same upon the effectiveness of fire fighti- equipment; v.The availability of a suitable right-of-way---for----the v-i-,F4J-ture---oond-tions wh1e --.nay----be reason-ably anticipated-4n-4-- - -- ° "- : - -or-maI course of development; e of terrain; Zoning Code/Oro Valley AZ May 2005 281 CHAPTER 25: USE REGULATIONS Section 25.1 Requirements for Specific Uses viii.The practicality and feasibility of underground iia rra •e• e • e e • regard for the comparative costs between (provided, however, that a mere showing that an •e- • •• '• 'e• • s ••a • • • overground installation shall not, in itself, necessarily require issuance of a permit). carrying electricity or power or for transmitting of tzelepheno, t I gra-ph, or television—GGITIMUF14Gati-Gri t-hcoug-h--ar---beyGnd t-he Town's boundaries or-from one major facility to another,-the practicality-or feasibility--of +* • - e • •,. a *► • • e- •• '.- - 2.Exceptions It ins-lawful-to erect---possess-or m a in-ta+n--an-y--u4 ty--•peles-8r wires above the surface of the--ground except after ohtang-a conct+t na use-permit-therefore from tbe--T cil pursuant to subsection FE 1. above, provide-dr-however, t•' _-_ 't a--11 r t be a ppl• bis a.T-o---new-uti ity poles-and-wires erected-for temporary use for periods-not-in-excess-of 4 months for-purely-temporary em-porary -purposes---such--as for-pr-ov-id•in g temporary b uild.irg. cos st=notion-powers-or-#or--erner-g erg c-}r ower-or-telephone service, or forrthe--furni-sI ing--of-pe-w-e r_to---te-m•porar'y outdoor-activities. T-has-44manth--pe-r-ied-m•ay-be-eex4 ed e - =•. ' -=-•-'l-i good cause--is-s h p la:Nor-to the-erection-on the-ground---s acon .us-h--to-- he g•rounci---o#---transfar-meas;---pull•boxes;----ser=vice---terminals; pedestal type telephone facilities normally used with and • • -- e - .' 'eition system, all of the same to be of a size, type and design approved by the--Tow-n-E ngineer: c.Nor to the erection on the ground surface and flush to-the ground of wires in encased concrete or conduit where underground wire installation is not feasible due to special features of the terrain- d.Nor to utility poles and wires erected prior to December 31, 1983. a Definitions a.As used within this subsection FF., "utility poles and wires" shall-- e n polos, towers, structures, wire, cable, conduit, transformers and related facilities used in or as a part of the transportation or distribution of electric 282 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.2 Accessory Uses and Structures power or in the transmission of telephone, te4eonaoh, or b."Existing utility pe -^w ' - " ^~ ••eaR-"uoh utility poles -~» ^• ~ ~ - - '' w -~~ -^d in operation as of December 31, 1983. c."New utility poles and wires" shall mea ..^ - wm ~ ~^o wires as are not existing utility poles and wires and shall include such utility poles and wires as in the future may constitute replacement for, or repairs to, existing utility poles and wires and shall not include replacements involving less than 600 feet of continuous poles and wires -sion-er diabibutior+4iFie in any 12 month period where the remaindersmiosion or distribution line is not said period; snt excluded from poles un uat be poles of the same or less snd be-of-the same classification o wi ~'^ ~~ ' ~w' - ew oed. T. Visitor Accommodations accommQciation_u.s.e type_s_sitch.._as_re$ta.urants_excl.uding_drivel-in Dr Section ~_5.~_ Accessory Uses and u���u ����«x � v�u� ures A. Accessory Buildings -General 1. No accessory building shall be constructed upon a lot unless the construction of the main building has actually commenced 2. No accessory building shall be used for dwelling purposes other than by household employees working on the premises or relatives or other non-paying guests. Zoning Code/Oro Valley AZ May 2005 283 CHAPTER 25: USE REGULATIONS Section 25.2 Accessory Uses and Structures 3. No accessory building shall be permitted in a front yard. 4. If setbacks for accessory building are not specifically called out within the applicable zoning district, accessory buildings must meet all side setbacks and shall not be constructed closer than five (5)feet to any rear lot line. 5. Accessory buildings used as a garage or carport having access from an alley shall not be located closer than 15 feet to the center line of said alley. �. Abandoned or Junk Vehicles 1. All abandoned or junk vehicles undergoing major repairs or being restored shall be stored in an enclosed area by the owner or occupant of the property upon which such vehicle is located in such a manner as to not be visible from any point lying outside the property upon which abandoned or junk vehicle is stored or parked. 2. For the purposes of this Section: a. Abandoned or junk vehicle means a vehicle or any major portion thereof that is incapable of movement under its own power and will remain so without major repair or reconstruction. b. Major repair means the removal from any vehicle of a major portion thereof including, but not limited to, the differential, transmission, head, engine block or oil pan. c. Vehicle means any self-propelled device in, upon, or by which any person or property is or may be transported upon a public highway excepting devices moved by human power or used exclusively upon stationary rails or tracks. C. Home Occupations 1. Purpose The purpose of this Section is to: a. Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income. b. Ensure home occupation activities are incidental to, and compatible with, the surrounding residential areas. 284 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.2 Accessory Uses and Structures c. Establish criteria and standards for home occupations conducted in dwelling units in residential zones. 2. Definitions a. A home occupation is defined as business or commercial activity that is conducted from property that is zoned for residential use. b. Home occupation uses (Type I, see subsection 5. below), are allowed as authorized by subsection 5. and regulated by subsection 4, without a public hearing or permit requirement. c. A home occupation use permit, (Type II, see Section subsection 6. below), is permitted when authorized by the Planning and Zoning Commission only after a public hearing, per subsection 9. 3. Home Occupation Permit Requirement a. No Type II home occupation shall be permitted without the prior issuance of a home occupation Type II permit. b. The Town of Oro Valley acknowledges that private covenants, conditions, and restrictions (CC&Rs) agreements exist between private property owners in many homeowners associations. Nothing in Section 25.2.C. of this Code shall be interpreted to void the provisions of those agreements. 4. Home Occupation Standards a. All home occupations, whether authorized and regulated as a Type I or Type II Use, shall conform to the following standards: Employees a) Type I uses, residents only; b) Type II permit, only one (1) non-resident may be employed on the home occupation premises. b. No mechanical equipment is to be used except that which is necessarily, customarily, or ordinarily used for household, non-business, non-commercial purposes. c. Storage of toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other hazardous materials must comply with the 2003 International Zoning Code/Oro Valley AZ May 2005 285 CHAPTER 25: USE REGULATIONS Section 25.2 Accessory Uses and Structures Building Code and/or the International Fire Code and will not create an unsafe condition. d. There shall be no outdoor open operations, storage, or display of materials or products. e. There shall be no alteration of the property's exterior residential appearance. f. There shall be no alteration of the residential or detached accessory building floor plan which creates a solid barrier between the home occupation area and the remaining floor area of either the residence or a detached accessory building. g. There shall be no process or materials used which are hazardous to public health, safety, or welfare. h. Home occupations resulting in visitors, customers, or deliveries with a potential for creating vehicular traffic in excess of twenty-five percent above that normally and reasonably occurring in a residential area as determined by the Planning and Zoning Administrator, are to be reviewed by the Town as a Type II Home Occupation. Home occupation uses to be located in non-living space area of a building space will require a building permit to convert the area to building codes living space standards prior to occupancy for the home occupation. j. Home occupation uses will be clearly incidental and subordinate to the residential use of the property. They shall not occupy more than 25 percent of the property's living space floor area. k. The home occupation use shall not involve the use or storage of tractor trailers, semi-trucks, or heavy equipment such as contractor's or landscaper's equipment. The home occupation use shall produce no noise in violation of Town Code, Chapter 10, nor shall it produce sustained or obnoxious odors, vibrations, glare, fumes, dust, heat, or electric interference which are detectable and unpleasant to normal sensory perception beyond the perimeter of the property; m. The home occupation shall have no on-site sales or public display of stock-in-trade upon the premises. n. If the home occupation requires the conversion of existing parking for business use, an equal number of off-street parking spaces shall be provided on-site. If the 286 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.2 Accessory Uses and Structures home occupation use requires additional parking beyond existing parking spaces, based on the provisions of Section 27.7, the additional parking shall be provided on- site. o. No signs shall be allowed for any home occupation pursuant to Section 28.9, Prohibited Signs. 5. Type I Home Occupation Descriptions A Type I home occupation may be conducted within the primary dwelling unit, or within a detached accessory building. It has resident employees only and no discernible impact on the residential character of the neighborhood. Type I uses are primarily office or hobby-type and similar scale uses, including but not limited to: a) Architectural service. b) Consulting service. c) Home base office for direct-sale product(s) with no on-site sales, display of product(s), or distribution of product(s). d) Drafting or graphic service. e) Dressmaking, sewing, tailoring, or contract sewing (one machine). fj Engineering service. g) Financial planning, investment service. h) Home crafts (including ceramics with a single kiln up to six (6) cubic feet), but no on-site sales. i) House cleaning service. j) Insurance office. k) Real estate office. 1) interior design. m) Mail order (excluding direct on-site sales, distributions of merchandise, or pick-ups). Zoning Code/Oro Valley AZ May 2005 287 CHAPTER 25: USE REGULATIONS Section 25.2 Accessory Uses and Structures n) Sales representative (office only). o) Typing or word processing service. p) Writing, computer programming, or computer applications. q) Child-care service for no more than four (4) (non-resident) children at any given time. r) Flower arranging. s) Jewelry making or jeweler. t) Legal service. u) Tutoring, limited to one (1) student at any given time. v) Music lessons, limited to one (1) student at any given time, provided that provisions are taken to ensure audio levels are reasonable within the limits of the Town's Code, Article 10-1-4, Noise. w) Analogous uses as determined by the Planning and Zoning Administrator. 6. Type II Home Occupation Descriptions a. A Type II home occupation may be conducted wholly within the primary dwelling unit, in a detached accessory building, or outdoors as approved by the Planning and Zoning Administrator. It may have one (1) non-resident employee on the home occupation premises, and it may have some minor, adverse impact on the neighborhood. Outdoor sport lessons, such as tennis, volleyball, racquetball, baseball, equestrian, or bicycle. ii. Bed and breakfast service. iii. Tutoring, teaching, and music lessons with more than one (1) student, but not more than six (6) students, at any one (1) time and provisions are taken to ensure audio levels are reasonable. iv. Child-care group home, caring for five (5) to ten (10) children, age twelve and under, also, prior to the operation of the child-care group home, 288 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.2 Accessory Uses and Structures an Arizona Department of Health Services (ADHS) State approval is required. v. Small electronic component assembly, excluding television repair, refrigerator, and large appliance repair. vi. Massage therapy. vii. Contractor's office, including businesses, such as, landscaping, masonry, plumbing, or painting, (excluding equipment/materials storage yards). viii. Analogous uses as determined by the Planning and Zoning Administrator. 7. Prohibited Home Occupation Uses a. Some uses are prohibited because they have the potential to involve the storage or use of large vehicles or equipment on-site; create traffic or parking problems; create excess noises, odors, or other adverse impacts; or to expand beyond the limits permitted for home occupations. These include but are not limited to: i. Ambulance service. ii. Appliance repair. iii. Automobile repair, parts sales, upholstery, detailing, washing, or painting. iv. Beauty parlors, skin care salons, tattoo parlors, and barber shops. v. Carpentry or other woodworking such as: cabinet making, furniture making, or volume- produced wood products. vi. Boarding house. vii. Ceramics (kiln over six(6) cubic feet). viii. Health salons, gyms, dance studios, and aerobic exercise studios. ix. Helium balloon service. x. Limousine or pedicab service. xi. Medical or dental office. Zoning Code/Oro Valley AZ May 2005 289 CHAPTER 25: USE REGULATIONS Section 25.2 Accessory Uses and Structures xii. Mortician or hearse service. xiii. Palm reading or fortune telling. xiv. Private clubs. xv. Commercial food preparation. xvi. Retail sales from site (except direct distribution). xvii. Tow truck service. xviii. Upholstery. xix. Veterinary uses including grooming or boarding. xx. Ongoing garage sales excluding private homeowner's garage sales not exceeding one (1)garage sale per quarter. xxi. Motorized outdoor sport products, such as: radio controlled miniature airplanes, motorcycle track, go-cart racing. xxii. Photo developing or photo studios. xxiii. Welding shop. xxiv. Analogous uses as determined by the Planning and Zoning Administrator. 8. Review and Appeal Procedure a. Type II home occupation permits, which may be revocable, conditional, or valid for a term period, may be granted or denied by the Planning and Zoning Commission after a public hearing and a finding that the use meets the home occupation standards herein. The public hearing will be scheduled and noticed as follows: The date of the public hearing before the Planning and Zoning Commission shall be set no more than 50 days from the date of application. The date, time, and place of such public hearing and the nature of the use permit requested shall be published in a newspaper of general circulation in the Town of Oro Valley and one (1) notice of the said hearing shall be posted conspicuously on the property. Both such publication and posting shall give 15 days notice of such Planning and Zoning Commission 290 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.2 Accessory Uses and Structures meeting. It shall be the responsibility of the applicant to maintain the posting. ii. The notice, as published and posted, upon application, at the applicants request shall be sent by regular mail to property owners of property within 300 feet, not less than 15 days prior to the date of the first public hearing. The applicant shall submit to the Town Clerk an accurate verified list made within 60 days prior to the date of hearing before the Planning and Zoning Commission giving the names and addresses of the recorded owners of all properties, any part of which is within 300 feet of the proposed use permit, or more as the Planning and Zoning Administrator may determine necessary to provide reasonable notice. Failure of property owners to receive such notice shall not invalidate a use permit that may be subsequently approved. iii. Decisions of the Planning and Zoning Administrator may be appealed to the Board of Adjustment within 30 days from date of decision. Decisions of the Planning and Zoning Commission may be appealed to the Town Council within 30 days from date of decision. 9. Validity of Type II Home Occupation Permit The Planning and Zoning Administrator may cite any home occupation use for non-compliance with the criteria set forth in this chapter and/or conditions set by the Planning and Zoning Commission. Revocation may take place at any time it is determined the home occupation is in non-compliance. If the permit is revoked, it becomes null and void, and said use shall be terminated immediately. 10. Inspections A home occupation property owner shall permit inspections of the premises by the Planning and Zoning Department to determine compliance with this chapter. D. Swimming Pools 1. No swimming pool shall be located closer than 5 feet to any rear property line. 2. Swimming pools shall be subject to the front and side setbacks of the zone in which they are permitted. Zoning Code/Oro Valley AZ May 2005 291 CHAPTER 25: USE REGULATIONS Section 25.3 Temporary Uses and Structures 3. Any portion of a pool wall constructed with a distance from a property line less than the depth of the pool may be subject to special structural requirements. Section 25.3 TemporaryUses and Structures A. Special Uses 1. Special Use Permits a. The Planning and Zoning Administrator may approve permits for special uses (see Chapter 31, Definitions)for any temporary use of property, developed or undeveloped, within the Town of Oro Valley. b. Approval shall account for the potential negative impacts of the proposed special use on surrounding properties with respect to: Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination; ii. Hazard to persons and property from possible explosion, contamination, fire or flood; iii. Unusual volume or character of traffic not adequately addressed through traffic control measures; and, iv. Compatibility of said special use with the surrounding area c. If potential negative impacts are not extant or can be mitigated, and all Town concerns are or can be satisfied, the Planning and Zoning Administrator may approve and authorize issuance of the requested special use permit. A time limit, not to excePd 60 days, and any other conditions deemed necessary to protect the public health, safety and general welfare, may be imposed as conditions. d. At his/her discretion, the Planning and Zoning Administrator may grant temporary modifications to Zoning Code requirements specific to the needs of a special use on a case-by-case basis. Any such modification approved shall not be construed as precedent setting, nor shall it be deemed applicable to any other special or permitted use. 2. Other permits required 292 May 2005 Zoning Code/Oro Valley AZ CHAPTER 25: USE REGULATIONS Section 25.3 Temporary Uses and Structures Subsequent to approval, the applicant for the special use permit must obtain from the Town Clerk all necessary business and tax licenses required to operate within the Town and any other required permits, such as those for signs. 3. Revocation of Special Use Permit The violation of any condition imposed by the Planning and Zoning Administrator on special use permit approval shall constitute a violation of this ordinance and, subject to 24 hours' notice, said permit may be revoked. If revocation of a special use permit occurs, said special use must be curtailed at the end of the 24 hour notification period. B. Basement or Cellar Occupancies No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed, and in no event shall the basement or cellar be occupied for longer than two (2) years from the time of completion of the basement or cellar. C. Temporary Buildings Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion or abandonment of the construction work. Absence of work on a project for 60 days will constitute abandonment. Temporary buildings and trailers must be removed within 30 days of project completions. D. Temporary Mobile Home Occupancies Upon issuance of a building permit, a mobile home/trailer may be used for dwelling purposes for not more than 180 days during construction of a residence on the same premises, which period may be extended for an additional 90 days upon application to the Planning and Zoning Administrator if there is evidence of special circumstances. Zoning Code/Oro Valley AZ May 2005 293 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 3, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Bryant Nodine, AICP, Planning and Zoning Administrator SUBJECT: RESOLUTION (R)05-54, BOARD OF ADJUSTMENT RULES AND OPERATING PROCEDURES BACKGROUND: Some rules and operating procedures for the Board of Adjustment are included within the Zoning Code Section 21.6, Board of Adjustment. Other than these, the Board had been working without detailed rules and operating procedures. On May 21, 2001, the Board approved a set of rules and procedures as a guide for the Board. The Board recognized that these were incomplete in a number of areas and continued to meet to develop them further. During this same time, the Council, per the recommendations of the Government Review Task Force, directed staff to develop bylaws for the Development Review Board, the Planning and Zoning Commission, and the Board of Adjustment. Based on the Council rules and adopted policies and various meetings of the Board, the May 2001 BOA rules were substantially revised in mid-2004. On August 24, September 28, October 26, and November 23 of 2004, and April 5 this year, the Board met to consider these. Then on April 13, 2005, the Council and Board held a joint study session to discuss these rules. Based on that meeting, the Board met two more times to consider and revise the rules. SUMMARY: The attached Proposed Rules and Operating Procedures were drafted using same format and language in the existing Development Review Board rules. They have been modified to include specific procedures approved by the Board of Adjustment during their deliberations on this item. In particular they reflect that the Board is a quasi-judicial body, with some rules already established by the Zoning Code. Of note are the term limits in Section 2.1 Composition. This section, as proposed, conforms to the Zoning Code Section 21.6.C, which states that there is "no limit on the number of terms", but does not meet the two-term limit adopted by the Town Council. On June 28, the Board approved the attached Rules and Operating Procedures and recommended them for approval by the Council. SUGGESTED MOTION: I move to adopt the attached Resolution (R)05-54 , Rules and Operating ocedures Oro Valley Board of Adjustment, August 3, 2005 ch—j k)eL Attachments: � , � , inistrator 1. Resolution (R)05- 54 Plann : � Zon A 2. Rules and Operating Procedures Oro Valley Board of r Adjustment, August 3, 2005 C! u y Develop, ent Director F:\Admin PZ\Board of Adjustment\Rules and Procedures to TC .� 080305.doc w Town Manager 0 RESOLUTION NO. t )05-54 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA ADOPTING THAT DOCUMENT KNOWN AS THE "RULES AND OPERATING PROCEDURES, ORO VALLEY BOARD OF ADJUSTMENT, AUGUST 3, 2005" AND MAKING SUCH DOCUMENT A PUBLIC RECORD WHEREAS, the Town of Oro Valley has established its own Board of Adjustment and is desirous of adopting amended Rules and Operating Procedures therefore; and WHEREAS, the Board of Adjustment has considered that document known as "Rules and Operating Procedures, Oro Valley Board of Adjustment, August 3, 2005" and, at its June 28, 2005 meeting, adopted and recommended Council approval of same; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: That certain document known as the "Rules and Operating Procedures, Oro Valley Board of Adjustment, August 3, 2005" is hereby adopted. Said document is attached herewith and labeled as "Exhibit A" and three copies of same are to remain on file in the office of the Town Clerk, and, further, said document is hereby declared to be a public record. PASSED AND ADOPTED by Mayor Ma or and Council of the Town of Oro Valley this 3rd day of August, 2005. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney RULES AND OPERATING PROCEDURES ORO VALLEY BOARD OF ADJUSTMENT August 3, 2005 1. GENERAL 1.1 Authority The Board of Adjustment is established and governed by Section 3-5-5 of the Town Code and Article 1-7 of the Zoning Code and the laws of the State of Arizona specific to municipal zoning, including but not limited to ARS 9-461, A.R.S. 462.06 and all definitions. 1.2 Duties The Board duties are per Article 1-7 of the Zoning Code. 2. ORGANIZATION 2.1 Composition The Board of Adjustment shall be composed of a total of five members who shall be residents of the Town during their entire term. The Town Council shall appoint the members in accordance with procedures adopted by the Council. Consideration shall be given to the attached "Desirable Attributes of Board of Adjustment Members". Appointments shall be for a period of two years each ending on June 30th, with terms of members so staggered that the terms of no more than three members shall expire in any one year. Vacancies for any reason shall be filled by appointment by the Council for the remainder of the unexpired term. The term of all members shall extend until their successors are appointed. 2.2 Evaluation of Performance Members seeking reappointment shall be evaluated annually using the attached "Board of Adjustment Evaluation Procedure". 2.3 Recommendation for Removal from Office A. The two reasons for removal of a member for cause from the Oro Valley Board of Adjustment shall rest in the hands of the Chair as follows: 1. Unexcused Absence: Should a member miss two consecutive meetings or three meetings in one year,the Chair may consider the position abandoned. 2. The chair may initiate a recommendation to the Board for the removal of a member for the following reasons: a. Moral turpitude or unruly behavior. b. Lack of comprehension to non-technical explanations. c. Lack of interest, inattentiveness at meetings, and/or sleeping during meetings. d. Disregard for, and/or defiance of,rules and procedures. B. The procedure for such removal shall consist of the Chair presenting his/her recommendation to the Oro Valley Board of Adjustment along with the documented reasoning. The recommendation of the Board shall be presented to the Oro Valley Town Council for action at the next available meeting. C. The above does not affect that, per Section 1-704.D of the Zoning Code, the Town Council may remove a member from office,by a majority vote. 2.4 Officers A. The Chair and Vice-Chair shall rotate among the members with new officers for each regular meeting that is held. Rotation will halt for a special session or regularly scheduled meeting that are held without cases. The Vice-Chair at one meeting will become the Chair of the next meeting. The Chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The Vice-Chair shall perform the duties of the Chair in the absence or disability of the Chair. If both Chair and Vice-Chair are absent from a meeting, the senior member of the Board of Adjustment shall preside. B. The member designated as Chair for the next regularly scheduled meeting shall serve as the Board Chair on the Interview Committee Panel to recommend appointment or reappointment of members in accordance with Council Resolution (R) 04-03. His/her responsibility will continue until the interviewing process is complete. 2.5 Secretary The Zoning Code (Sec. 1-705.B) designates the Town Clerk as the Secretary to the Board of Adjustment. It shall be the duty of the Secretary to: A. Make room arrangements, take minutes, schedule meetings and contact the Board regarding attendance and schedule. B. Notify the Board by the 10th of each month, if a meeting will or will not be held. Board members are to notify the Secretary of inability to attend a meeting. C. Post agendas in accordance with State law. 2.6 Planning and Zoning The Planning and Zoning Administrator or his or her designee shall perform the following functions for the Secretary: A. Serve as primary contact for the agenda; develop the agenda and any revisions with the direction and approval of the Chair; forward the agenda to the Secretary for posting B. Notify all surrounding property owners per the Zoning Code and Town policies. C. Work with the applicant regarding material for applications. Any contact made between the staff and the applicant prior to the hearing shall be summarized in the staff report if it is germane or pertinent to the case. D. Coordinate all necessary reports/materials/exhibits for the Board's consideration. E. Distribute to the Board all materials and agenda at least one (1) week prior to the meeting date, if possible. F. Identify separately each individual variance and the issues involved with that variance within the case report and presentations. G. Invite all necessary staff to the Board meetings. H. Place a laminated card at the podium identifying the five criteria. 2.7 Legal Counsel The Town Attorney, or his or her designated representative, shall provide legal advice for Y the Board of Adjustment and for individual members related to questions encountered in the performance of their duties such as conflicts of interest and ex parte contacts. The Town attorney also provides clarification and advice to the Chair relative to parliamentary procedures. 3. MEETINGS 3.1 General All meetings shall be run utilizing Robert's Rules as a guide. 3.2 Regular Meetings Regular meetings of the Board of Adjustment shall be held at the Oro Valley Town Hall on � g the fourth Tuesday of each month at or after 3:00 P.M. They shall be duly noticed in accordance with the Arizona Revised Statutes, the Zoning Code and the Town's posting procedures. 3.3 Special Meetings Special meetings for good cause may be held by the Board of Adjustment on call of its Chair or at least two members filed with the Secretary. Special meetings may also be scheduled by a majority of the members at any previous meeting. If the Chair is unavailable, the Vice-Chair can call a special meeting. At least 24 hours notice of the meeting shall be given to each member of the Board of Adjustment; however, inability to contact any member will not prevent the meeting as long as a quorum is present. 3.4 Public Meetings All meetings and hearings of the Board of Adjustment, except Executive Sessions, shall be g open to the public. Any action calling for a formal vote shall take place only at a properly noticed public meeting. 3.5 Site Inspections Board of Adjustment members are expected to inspect the site individually. 3.6 Quorum and Voting Aq uorum is required to transact business. Three members shall constitute a quorum. The affirmative vote of a majority of the members voting shall be required for passage of any matter before the Board of Adjustment. The minutes of the meetings shall reflect the "ayes" and "nays" cast on a particular measure, as well as the rationale for the majority vote and the names of those members who vote in the minority. If absent, or if failing to vote, the minutes shall indicate that fact. 3.6.1 Reconsiderations Reconsideration shall be initiated by a Board of Adjustment member who voted on the prevailing side of an action already considered. A motion to reconsider may be made either at the meeting where the action was taken, or at the beginning of the next regularly scheduled meeting. Reconsideration shall occur upon a majority vote of the Board in favor of reconsideration. 3.6.2 Appeals A decision on an appeal of an administrative decision (Zoning Code Sec. 1-702.A and Sec. 1-706) is based upon the Board of Adjustment's determination as to the correctness of the interpretation. The following legal standards provide guidance to the Board in their deliberations to reverse and/or amend a decision: A. An abuse of the official's discretion A decision is said to be an abuse of discretion if it violates the intent and the policy of the statute that granted the decision-making authority. If an appellant can demonstrate that the decision was unreasonable, arbitrary, capricious, unfair, or discriminatory, then the decision should be reversed. In some situations, though, an official has no discretion. If an official denies a permit or certificate of approval that the law states must be granted when an applicant satisfies certain requirements, then the official's decision must be reversed. B. Exceeding the official's power or authority A public official or agency can only make decisions within the limits imposed on it by the statute or ordinance that granted it authority and any decision beyond those limits is invalid. C. An error of law A decision may be appealed if it was based on an erroneous interpretation of statutes, ordinances, or regulations, or if it was based on the wrong statutes, ordinances, or regulations. D. Fraud or bad faith Fraud, malice or bad faith can invalidate an official decision, whether they have influenced the context of the decision or the manner in which it was reached. E. Lack of evidence A zoning decision that lacks any reasonable basis in fact is invalid. Decisions based on arbitrary judgment calls should be reversed. If the Board finds, however, that there is sufficient evidence to support the decision, it should be upheld. The Board shall make its interpretation at the end of its deliberations. 3.6.3 Variances Per the Zoning Code (Sec. 1-709), a variance from the provisions of this Code shall not be authorized unless the Board shall find upon sufficient evidence: A. That there are special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district; and B. That special circumstances were not created by the owner or applicant; and C. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and D. That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and E. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general. 3.7 Placement of Items on the Agenda Staff shall propose items for the agenda in order for these items to be heard by the Board of Adjustment no more than 60 days after the receipt of a complete submittal. The agenda shall be presented to the Board of Adjustment Chair for approval prior to publication. Items may also be placed on the agenda by the Chair or by two Board members. Such items must be provided to the Planning and Zoning Administrator, or designee, at least 48 hours (2 business days) or more prior to the meeting. 3.8 Order of Business or Agenda The order of business shall be as follows: A. Call to order. B. Roll Call by the Secretary. C. Minutes. D. Presentation of agenda item(s). E. Petitioner/applicant presentation. The recommended oath for swearing in the applicant or witnesses is as follows: "Do you swear or affirm to speak (or tell) the truth, the whole truth and nothing but the truth". F. Questions/clarifications. G. Staff report limited to facts related to the findings. H. Questions to staff by Board members. I. Open public hearing. J. Close public hearing. K. Board questions of any party for further information/clarification. L. Board motion and deliberation on agenda item. M. Planning&Zoning staff update. N. Motion of adjournment. 3.9 Record of Considerations in Board Actions To ensure good communication to the applicant and others who may base decisions on Board of Adjustment actions, motions must be thorough and concise articulating the required findings that are met or lacking in the applicant's application and testimony before the Board to clarify the record of the Board's decision. During the vote, Board members are encouraged to state the reasons for their vote. 4. MISCELLANEOUS 4.1 Conflicts of Interest Board members should not be personally involved in cases. Conflicts of Interest should be declared up-front so that the Board can be fair, objective, and impartial. A conflict of interest arises whenever a member of the Board has the opportunity to deliberate on an action by the Board that may affect the economic interest of either the specific Board member or the Board member's close relatives. As soon as a member declares a conflict of interest relative to a particular issue, the member shall leave the room thus abstaining from deliberations, discussions, and voting on the matter in question. 4.2 Standing for Appeals of Decisions or Interpretations In order to have standing to appeal a decision or interpretation of the Zoning Administrator the appellant must be an aggrieved party. The phrase "aggrieved party," as used in these rules requires that both of the following conditions be met: (1) There must be a denial of some personal or property right to the appellant by the Zoning Administrator's decision; and (2) such denial must come as a direct result of the Zoning Administrator's decision. The Board shall err on the side of hearing a case based on standing. 4.3 Ex Parte Contacts Board members shall avoid ex parte communications. Where an ex parte communication has occurred, the member involved must declare it and disclose the substance of the communication to place it on the record at the applicable hearing. An ex parte communication is a communication between one of the parties involved in an application and member of the Board that may prejudice a decision by the Board. 4.4 Annual Review The Board shall meet during the second quarter of each calendar year to review the Rules and Operating Procedures, the Training Manual, and the Zoning Code to take action or make recommendations, as appropriate,to the Town Council. 5. OFFICIAL RECORDS 5.1 Definition The official records shall include these Rules and Operating Procedures, the minutes of the Board of Adjustment, and all findings, decisions and other official actions and records. 5.2 Files -Retention All applications and other matters coming before the Board of Adjustment shall be filed in the Planning and Zoning Department office in accordance with that department's general file system. The Planning and Zoning Department shall keep all official records as provided by the Planning and Zoning Records Retention Schedule. 5.3 Files -Distribution The official records provide information to other Boards, the Planning and Zoning Commission and the Town Council for cases where variances, appeals, or other Board of Adjustment actions are integral to development review. Accordingly, the Planning and Zoning Department shall include excerpts of pertinent minutes and any other necessary official records as attachments to the staff reports to these bodies. 6. RULES AND AMENDMENTS 6.1 Amendment Procedure Amendments to these rules may be made by the Board of Adjustment and approved by the I Town Council provided any such amendment is proposed at the preceding meeting, or is submitted in writing ata prior meeting of the Board of Adjustment, and is recorded in the minutes of such meeting or meetings. Amendments adopted as above shall become effective at the next regular meeting of the Board of Adjustment following Council approval. APPROVED by the Board of Adjustment this 3rd day of August, 2005. John Hickey, Chair APPROVED by the Oro Valley Town Council this 3rd day of August, 2005. Paul H. Loomis,Mayor Desirable Attributes of Board of Adjustment Members An interest in zoning and planning and a willingness to learn about them. Time enough to learn about the business of the Board and to prepare for meetings and hearings. An open, impartial and orderly mind. Honesty and fairness. The ability to envision and consider the long-term effects of a decision and to put them ahead of any short-term changes. The ability to put the public good above the welfare of individual applicants when making decisions. The ability to be articulate at public meetings and hearings. The commitment to enforce zoning laws as they are, and not let a personal disagreement with them sway decisions. A commitment to work for the improvement of the Zoning Code and the Town of Oro Valley. Board of Adjustment Evaluation Procedure OBJECTIVE Provide BOA members seeking re appointment a balanced assessment of the member's work on the Board during their term. TIMING Terms expire in June. Evaluations are to be completed and made available to the Board member and the interview panel by May 1st PROCESS Based upon a continuation of a rotating Chair, evaluations are to be conducted by the most senior Board member not seeking re appointment. If the remaining Board members not seeking re appointment are of equal seniority, the evaluations will be conducted by the member scheduled to be Chair at the next regularly scheduled Board meeting. Each evaluation will contain two elements: 1. Personal Interview. Questions presented to each member seeking re appointment will be open ended providing the member an opportunity to comment upon: a. What they have learned b. What they have accomplished c. What personal changes or improvements they may make d. What they can do to help the BOA do its job 2. Evaluation. Comments by the evaluator will address the following: a. Attendance: Summary of excused and unexcused absences b. Participation: The member's initiative in advancing the Board toward a decision. Examples would be: I. The member's pertinent questions of the applicant, the public and staff. II. Offering motions or constructive comments early in the process to focus the discussion of the Board on the issues necessary in the decision. III. Staying on the essence of the case at hand IV. Handling of Chair responsibility c. Preparation: The member's application of the particulars of the zoning code to each case. The member's ability to express and justify their decision either in the motion or in their vote. The application of the legal standards necessary to arrive at a decision. d. Conduct: The member's attitude and demeanor toward the applicant, the public, staff and Board members. Respectful in disagreement; compliant with established rules of order. e. Training: The member has participated in and completed mandated training. The completed evaluation will be provided to the BOA Clerk for distribution with the member's application for re appointment to the interview panel with a copy to the BOA member evaluated. The evaluator will meet with the member being evaluated, at the request of that member, to discuss and review the evaluation prior to the interview. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 3, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Bryant Nodine, AICP, Planning and Zoning Administrator SUBJECT: FISCAL YEAR 2005-2006 PLANNING AND ZONING WORK PLAN BACKGROUND: The annual Work Plan (per the Zoning Code Article 1-402A) coordinates Town staff work regarding development review, land useplans, and Zoning Code amendments by listing specific projects, their p status, and the recommended priority riorit for completion. Town Council adoption of the plan will provide staff with direction and priorities for completing specific work tasks. SUMMARY: Thero osed Work Plan is attached. The first page provides a key to the abbreviations in the table p p followed by those projects that are ongoing, annual, or substantially complete. The subsequent page shows projects that are ranked by priority and start date. In thep ast year Staff completed or substantially completed the following items: Boards' and Commissions' Rules and Procedures RI-300 District Airport Environs Zone Commercial Code Amendments Comprehensive Code Amendments General Plan Update Revisions Crime Prevention Through Environmental Design Honey Bee Village Archaeological Site Concept Plan (draft) Minor code changes such as those relating to non-conforming uses and assurances. On July 5, the Planning and ZoningCommission voted unanimously to recommend approval of the Work Plan with revisions,which have been incorporated into the attachment. SUGGESTED MOTIONS: I move to approve the 2005-2006 Planning and Zoning Work Plan. 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E a R 4 o U g g E:,i 0 N o U .23 a.U O N U E—, a ZE_, W -v W U � Q , ______ G TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 3, 2005 TO: HONORABLE MAYOR AND COUNCIL FROM: Bob Kovitz, Governmental and Community Relations Administrator SUBJECT: Resolution No. (R)05-55 , a resolution authorizing the execution of an intergovernmental agreement(IGA) with the Pima County Health Department for the Award of an Emergency Management Assistance Grant to the Oro Valley Citizen Corps Council SUMMARY: Pima County has been awarded Citizen Corps Council funding through the Arizona Division of Emergency Management. These funds are intended to be utilized by the various Citizen Corps Councils throughout the County to support Community Emergency Response Team (CERT) training. The Oro Valley Citizen Corps Council has a qualified CERT trainer as a member, and this grant will allow the trainer to expand activities for Oro Valley residents. The attached IGA will allow the Town to receive $1,053.75 for Citizen Corps Council CERT activities through September 20, 2005. The agreement may be renewed for up to one year past the September 30, 2005, date. ATTACHMENTS: Resolution (R) OS-55 Copy of Intergovernmental Agreement RECOMMENDATION: Staff recommends the approval of the attached IGA with the Pima County Health Department. SUGGESTED MOTION: I move to approve Resolution (R) 05- 55 S----- ---- 1 \411 °C - ' '-1 '4.-c' Bob Kovitz, Governmental and Community Relations Administrator or _...„1.------- . _, Chuck Sweet, own Manager RESOLUTION (R) 05- 55 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY HEALTH DEPARTMENT AND THE TOWN OF ORO VALLEY FOR THE RECEIPT BY THE ORO VALLEY CITIZENS CORPS COUNCIL OF AN EMERGENCY MANAGEMENT ASSISTANCE GRANT WHEREAS, the Town of Oro Valley, pursuant to Arizona Revised Statute § 11-951 et. seq., is authorized to enter into agreements for joint and cooperative action with other public entities; and WHEREAS, Pima County, Arizona was awarded Citizens Corps Council funding through the Arizona Division of Emergency Management and wishes to supplement the formation and activities of Citizen Corps Councils in Pima County; and WHEREAS, pursuant to the Arizona Division of Emergency Management Assistance Grant, the Oro Valley Citizen Corps Council is named a recipient under the grant award; and � WHEREAS, it is in the best interest of the Town of Oro Valley to enter into an Intergovernmental Agreement (attached hereto as Exhibit "A") with the Pima County Health Department for the Award of an Emergency Management Assistance Grant for the Oro Valley Citizen Corps Council. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: 1. The Intergovernmental Agreement between the Pima County Health Department and the Town is hereby approved. 2. 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 Intergovernmental Agreement as attached hereto as Exhibit "A". PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 3r dayof Augus,t2005. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney F:\Resolutions\2005\Citizen Corps Council Grant.doc Town Attorney's Office/cia/071405 EXHIBIT A INTERGOVERNMENTAL AGREEMENT F:\Resolutions\2005\Citizen Corps Council Grant.doc Town Attorney's Office/cia/071405 PIMA COUNTY DEPARTMENT OF HEALTH PROJECT: CITIZEN CORPS 2004 CONTRACTOR: Town of Oro Valley, for and on behalf of the Oro Valley Citizen Corps Council AMOUNT: $1,053.75 FUNDING: Arizona Division of Emergency Management and Military Affairs (STAMPHERE) INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT("Agreement")entered between Pima County,a body politic and corporate of the State of Arizona, for and on behalf of the Pima County Health Department, hereinafter called COUNTY; and the Town of Oro Valley,for and on behalf of the Oro Valley Citizen Corps Council for Homeland Security, hereinafter called CONTRACTOR. WITNESSETH WHEREAS, COUNTY was awarded the Citizen Corps Program funding for the Fiscal Year 2004 administered though the Arizona Division of Emergency Management; and WHEREAS, COUNTY and CONTRACTOR may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq.; and WHEREAS, COUNTY wishes to supplement the maintenance of the Citizen Corps Council within Pima County; and WHEREAS Pursuant to the Citizen Corps Program, CONTRACTOR is named as a recipient under the grant award; and NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I -TERM AND EXTENSION/RENEWAL/CHANGES This Agreement, as awarded by the Board of Supervisors, shall commence when it is recorded by the Pima County Recorder and shall terminate on September 30, 2005 unless sooner terminated or further extendedP ursuant to the provisions of this Agreement. The parties may renew this Agreement for up to ONE (1) additional one-year period or any portion thereof. Any modification, or extension of the Agreement termination date, shall be by formal written amendment executed by the parties hereto. Amendments to the Agreement must be approved by the Board of Supervisors or the Procurement Director, as required by the Pima County Procurement code, before any work or deliveries under the Amendment commences. IGA Oro Valley CCC 2004.doc 1 ARTICLE II —SCOPE OF SERVICES This Agreement establishes the agreement under which the CONTRACTOR will be responsible for: A. Continued development and maintenance of the local Citizen Corps Council in accordance with the FY 2004 Guidance, Attachment A. B. Providing a report due on September 30, 2005 summarizing the accomplishments of the Council during the grant period. ARTICLE III —COMPENSATION AND PAYMENT Funds in the amount of$1,053.75 have been allocated for services rendered by CONTRACTOR. Only grant funds will be used for payments and compensation paid to contractor. COUNTY will pay CONTRACTOR$1,053.75 upon ratification of this IGA and receipt of an invoice requesting the funds. TotalP Y a ments by COUNTY to CONTRACTOR under this agreement shall not exceed One Thousand Fifty Three Dollars and Seventy Five Cents. ARTICLE IV - INSURANCE CONTRACTOR shall obtain and maintain at its own expense, during the entire term of this Agreement the following type(s) and amounts of insurance: a) Commercial General Liability in the amount of$1,000,000.00 combined single limit Bodily Injury and Property Damage. Pima County is to be named as an additional insured for all operations performed within the scope of the Agreement between Pima County and CONTRACTOR; b) Commercial or Business automobile liability coverage for owned, non-owned and hired vehicles used in the performance of this Agreement with limits in the amount of$1,000,000.00 combined single limit or$1,000,000.00 Bodily Injury, $1,000,000.00 Property Damage; c) If this Agreement involves professional services, professional liability insurance in the amount of$1,000,000.00; and, d) If required by law, workers' compensation coverage including employees' liability coverage. CONTRACTOR shall provide COUNTY with current certificates of insurance. All certificates of insurance must provide for guaranteed thirty(30)days written notice to the COUNTY of cancellation, non-renewal or material change. ARTICLE V - INDEMNIFICATION To the extent permitted by law, each party to this Agreement shall indemnify, defend, and hold harmless the other parties, their officers, departments, employees and agents, harmless from and against any and all suits, actions, legal administrative proceedings, claims or demands or damages IGA Oro Valley CCC 2004.doc 2 of any kind or nature which result from any act or omission of the indemnifying party, its agents employees or anyone acting under its direction or control, whether intentional or negligent. ARTICLE VI - COMPLIANCE WITH LAWS CONTRACTOR shall comply with all federal,state, and local laws, rules, regulations,standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement,and any disputes hereunder. Any action relating to this Agreement shall be brought in a court of the State of Arizona in Pima County. Any changes in the governing laws, rules, and regulations during the terms of this Agreement shall apply, but do not require an amendment. ARTICLE VII - NON-DISCRIMINATION CONTRACTOR shall not discriminate against any COUNTY employee,client or any other individual in any way because of that person's age, race, creed, color, religion,sex,disability or national origin in the course of carrying out CONTRACTOR'S duties pursuant to this Contract. CONTRACTOR shall comply with the provisions of Executive Orders 75-5, as amended by Executive Order 99-4, which are incorporated into this Contract by reference as if set forth in full herein. ARTICLE VIII -AMERICANS WITH DISABILITIES ACT CONTRACTOR shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213)and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. ARTICLE IX -CANCELLATION FOR CONFLICT OF INTEREST This Contract is subject to cancellation for conflict of interest pursuant to ARS§38-511,the pertinent provisions of which are incorporated into this Contract by reference. ARTICLE X— NON-APPROPRIATION Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, COUNTY shall have no further obligation to CONTRACTOR other than for payment for services rendered prior to cancellation. ARTICLE XI -TERMINATION Either party may terminate this Agreement at any time by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) day before the effective date of such termination. IGA Oro Valley CCC 2004.doc 3 ARTICLE XII -NOTICE Anynotice required or permitted to be given under this Agreement shall be in writing and shall be q served by personal delivery or by certified mail upon the other party as follows: COUNTY: CONTRACTOR: Dennis Douglas, Director Town Oro Valley Pima County Health Department Town Manger 150 W. Congress, Ste. 237 11000 North La Canada Drive Tucson, Arizona 85701 Tucson, Arizona 85737 Pima County Administrator's Office Town of Oro Valley Attorney 130 W. Congress, 10th Floor 11000 North La Canada Drive Tucson, Arizona 85701 Tucson, Arizona 85737 Pima County Clerk of the Board Clerk, Town of Oro Valley 130 W. Congress, 5th Floor 11000 North La Canada Drive Tucson, Arizona 85701 Tucson, AZ 85737 ARTICLE XIII -WORKER'S COMPENSATION EachP � a shall comply with the notice of A.R.S. § 23-1022(E). For purposes of A.R.S. § 23- 1022 each party shall be considered the primary employer of all personnel currently or hereafter employed that party, irrespective of the operations of protocol in place, and said party shall by have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. ARTICLE XIV - NO JOINT VENTURE it is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between COUNTY and any CONTRACTOR employees, or between CONTRACTOR and any COUNTY employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation)the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. ARITICLE XV- NO THIRD PARTY BENEFICIARIES Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. ARTICLE XVI -OTHER DOCUMENTS CONTRACTOR and COUNTY in entering into this Agreement have relied upon information provided in Attachment A. This document is hereby incorporated into and made a part of this Agreement as if set forth in full herein to the extent not inconsistent with the provisions of this Agreement. IGA Oro Valley CCC 2004.doc 4 ARTICLE XVII -SEVERABILITY Each provision of this Agreement stands alone, and any provision of this Agreement found to be prohibitedby law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement. ARTICLE XVIII - ENTIRE AGREEMENT This document constitutes the entire agreement between the parties pertaining to the subject matter hereof, and allp rior or contemporaneous agreements and understandings, oral or written, are hereby superseded erseded and merged herein. This Agreement may be modified, amended, altered or p extended only by a written amendment signed by the parties. IN WITNESS THEREOF, the parties have affixed their signatures to this Agreement on the date written below. PIMA COUNTY CONTRACTOR Chair, Board of Supervisors Mayor, Town of Oro Valley Date: Date: ATTEST Clerk of Board Clerk, Town of Oro Valley Date: Date: APPROVED AS TO CONTENT Department Head Pursuant to A.R.S. § 11-952, the undersigned public agency attorneys have determined that this Intergovernmental Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. APPROVED AS TO FORM Deputy County Attorney Attorney, Town of Oro Valley Date: Date: IGA Oro Valley CCC 2004.doc 5 FY 2004 Guidance CITIZENS CORPS Community Emergency Response Team (CERT) Purpose: The Community Emergency Response Team (CERT) program provides a structured opportunity for citizens to augment local emergency response activities. Using CERT materials, local communities train teams of neighborhood volunteers and employees in the workplace in emergency preparedness and response skills. CERT members partner with local emergency management in preparing for and responding to natural or man-made disasters. Trained teams can help in saving lives and protecting property when communities' professional response resources are stretched thin. 11. Authorities and Background: The program's authority is the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. §§5121 — 5206. This statute was enacted to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage, which result from natural catastrophes and any fire, flood, or explosion regardless of cause. The Act further states that the Federal Government shall provide necessary direction, coordination, and guidance, and shall provide necessary assistance so that a comprehensive emergency preparedness system exists for natural disasters or an accidental or man-caused event. 111. Objectives and Emphasis: For fiscal year (FY) 2004-05, the following objectives for the Program have been identified: a. For Grantees to conduct a CERT Train-The-Trainer (TTT) course(s) to prepare program managers and instructional teams from communities who will initiate or expand the CERT training program. b. For local governments to initiate, organize, train, and maintain CERTs and to use these teams as an emergency management resource and as a volunteer pool to perform special projects that improve a community's preparedness. c. For communities with established CERT programs to continue, maintain, and expand these programs. IV. Funding Uses: The Program funds will be used to conduct CERT TTT(s) at the State level to prepare program managers and instructional teams to return to their home areas to implement the training. Funds can also be used for grants to communities to support CERT start-up efforts and expand efforts in existing programs. Grants are to be used to conduct the Emergency Management Institute's CERT program, which is a 20 hour course including the new "CERT and Terrorism" Module. The standard for the CERT concept and training material can be viewed on the Internet at http://training.fema.gov/EMIWeb/CERT/. The goal of this grant program is to train and involve members of the community in emergency management using CERT training as a vehicle to initiate this goal. Possible sources for delivery of this program at the local level include local emergency management and response agency personnel, education training centers, schools of higher education, and other training sources. Funding may also be used to pay for contractual services acquired for the specific purpose of training and educating CERT members. Regardless of the training source, the program shall be sponsored by a H:1My Docurnents\1 A CONTRACTS\Citizen Corps 2004\04 Grants Guidance.doc Page 1 of 3 Attachment A public sector emergency management or response agency or the local Citizen Corps Council that will manage and maintain the CERT volunteer resource. Categories for grant funding include: a. Instructor preparation and delivery time, b. Program administration of CERT, c. Rental of a training facility, d. CERT equipment, including hard hats, safety vests, goggles, and g loves, which shall be retained by the volunteer participant. e. Printing CERT material to include instructor guides, student manuals, brochures, certificates, handouts, newsletters and postage (preference is for an electronic newsletter with e-mail addresses as part of database) f. Other items applicable to CERT as explained in jurisdiction's work plan, and g. Non-expendable classroom equipment for CERT delivery, limited to 10 percent of the grant award. V. Grantee Eligibility: States are eligible to apply for the assistance under this program. For purposes of this program and consistent with the Stafford Act, 42 U.S.C. 5122(4), "State" means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Local governments may receive assistance as subgrantees of the States in which they are located. The term "local government" as used in this program has the meaning set forth in the Stafford Act, 42 U.S.C. 5122(6), and includes any county, city, village, town, district, or other political subdivision of any State, any Indian tribe or authorized tribal organization, or Alaska Native village or organization, including any rural community or unincorporated town or village or any other public entity for which an application for assistance is made by a State or political subdivision thereof. VI. Application Information: In its grant application for CERT funding, the State must include a timeline for conducting CERT Train the Trainer (TTT) course(s) for its jurisdictions, its criteria for awarding subgrants, and a description of the procedure it will use to meet the reporting requirements to the FEMA Regional office. The application must also include a process for soliciting, evaluating, and awarding subgrants to local governments that will establish or continue a CERT program as part of its community preparedness efforts. The application should include: a. A timeline for the use of the funds within the performance period. b. Proposed number of trained CERT instructors. c. Proposed number of people who will be trained using the CERT program. d. The plan to maintain CERT members, indicating how they can be used to supplement emergency management activities in disaster and non-disaster situations. e. The procedure based on State guidance for reporting information to meet the State's reporting requirement to the Region. The Region will require a quarterly report from grant recipients on the number of CERT members trained during the reporting period, total number trained since receiving the grant (note: communities that have existing CERT programs can also include a category on the number of people trained in CERT since September 2004), portion of the grant spent during that reporting period, and the total amount of funding used to date. H:\My Documents\1A CONTRACTS\Citizen Corps 2004\04 Grants Guidance.doc Page 2 of 3 Attachment A s . f. A commitment to submit reports outlining CERT activation for emergency and non- emergency situations. This will include situations where CERT members have augmented a community's emergency management capability. Examples of non- emergency would be any special project or activity that enhanced a community's preparedness. g. A commitment to require jurisdiction accepting a subgrant to list its program on the Directory of Community Emergency Response Teams by State. Submission link on the CERT web site is located at http://training.fema.gov/EMIWeb/CERT/dir.asp with a link to Submit information about your program. VII. Eligible/Ineligible Costs: Allowability of costs is governed by Office of Management and Budget Circular A-87, Cost Principles for State, Local and Indian Tribal Governments. Non-expendable classroom equipment for CERT training delivery is limited to 10% of the grant award. VIII. Match and Pass-Through Requirements: There is no cost-share or match requirement associated with this funding. It is 100 percent Federal funding for all grants and subgrants. Each grantee is required to pass through at least 75 percent of the grant award to local governments. Grantees are not required to match CERT funding and may not impose a match or cost-share requirement on subgrantees. IX. Other Information: a. Performance Period. The performance period for grants to support CERT activities is 12 months from the date of the grant award. b. Reporting Requirements. Grantees are required to submit quarterly financial and performance reports. The progress of each subgrant award will be included in the grantee's quarterly reports as required by 44 CFR 13.40 and 44 CFR 13.41. Reports are due 30 days after the end of each quarter. Report dates are January 30, April 30, July 30, and October 30. Final financial and performance reports are due 90 days after the expiration or termination of grant support as required by 44 CFR 13.50. Reports are to be submitted to the FEMA Regional Director. When the Department of Health and Human Services (HHS) Payment Management System (SMARTLINK) is used for advanced or reimbursement payments, the grantee is required to submit a copy of Federal Cash Transaction Report (HHS/PMS 272) to FEMA when it is submitted to HHS. Quarterly program performance reports must include grantee and subgrantee activities for the reporting period and for the cumulative period from the grant award date. Reports shall include the following information: 1. Total amount of grant funds used to date and for what activities, 2. Number of CERT trainers and members trained, by location, 3. Concerns regarding a jurisdiction using its grant allocation or meeting its training targets (Include any suggested remedies), and 4. Examples of emergency and non-emergency use of CERT in the community. c. Sources of Additional Guidance and Information. CERT basic training material promoted by FEMA is on the CERT website: http://training.fema.gov/EMIWeb/CERT/. H:\My Documents\1A CONTRACTS\Citizen Corps 2004\04 Grants Guidance.doc Page 3 of 3 Attachment A TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 3, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: PRESENTATION OF PLAQUES OF APPRECIATION TO OUTGOING BOARD AND COMMISSION MEMBERS SUMMARY: The following Board/Commission member will attend to receive her Plaque of Appreciation for her service to the Town of Oro Valley: WATER UTILITY COMMISSION Erin Loudermilk Kat E. Cuvelier, Town Clerk a"' 7 _ Chuck Sweet, own Manager F:I COUNCOM1Boardthnnks.doc TOWN OF ORO VALLEY COUNCIL COMMUNCATION MEETING DATE: August 3, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Senior Planner 31 -02 MARTACELLA SUBJECT: PUBLIC HEARING:. -ORDINANCE No. (0) 05 , OV8_05 , HOLDING COMPANY LLC., REPRESENTING MERCADO DEL RIO LLC., REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE FACILITY ON LOT 12 OF MERCADO DEL RIO COMMERCIAL SUBDIVISIONS LOCATED ON THE NORTH SIDE OF PUSCH VIEW LANE AND WEST OF ORACLE ROAD, PARCEL 224-28-2640 NATURE OF THE CUP REQUEST: n 8-303.B. 1 of the Oro ValleyZoning Code, Revised (OVZCR) allows a automotive service use in a C- 2Sectlo ( ) Commercial District onlyif a Conditional Use Permit (CUP) is reviewed by the Planning and Zoning Commission and is subsequently authorized by the Town Council. The proposed automotive use is subject to the following requirements: 1. Building pparking and arkin configuration for Lot 12 of the approved Mercado Del Rio Master Development Plan (0V12-03-22). 2. Landscaping of perimeter areas pursuant to the Mercado Del Rio Master Landscape Plan (0V12-03- 22). p g 3. Conditionsplaced on this project by the Planning and Zoning Commission and/or the Town Council p J as they deem necessary to meet the criteria and findings of Section 3-201. The Council's charge is to reviewproject the and insure that the automotive use is compatible with the shopping center uses and the surroundingarea. The compliance analysis section of this report describes how the project addresses pertinent Town Code standards. Plan for this project is also scheduled for review by Town Council as part of this meeting. TheDevelopment p J BACKGROUND: TheJro'ect site lies within the 17 acre Mercado Del Rio commercial subdivision, which was approved as a p Master (MDP)Plan Develo ment and Preliminary Plat by Town Council on May 19, 2004 (OV12-03-22). It p was also approved as a Final Plat by the Town Council on October 20, 2004. Lot 12 consists of .83 acres (36,345 sf.) and is currently vacant and undeveloped. SUMMARY OF THE PROPOSED PROJECT: The proposed project will include the following elements: • A single storyautomotive service building consisting of 7,593 total square feet,which will provide services g such as oil & lube, transmission service, tune-up and general automotive repair. Originally, the building wasro osed as two story; however, as part of the Development Plan process, the applicant has requested p p ry to eliminate the two story office level (see Development Plan report for further details). TOWN OF ORO VALLEY 'OWN COUNCIL STAFF REPORT Page 2 • An off-street parkinglot that provides 19 vehicular parkings. The plan depicts 21; however, the DRB recommended for two spaces to be removed for safety and visibility concerns on the northwest corner of the site. • Adequate vehicle circulation through the site and a vehicle queuing area has been provided for cars entering the oil & lube area. • Pedestrian connections linking this project to other lots. • Hours of operation: 6:00 am to 8:00 pm. SURROUNDING LAND USES: North: Lot 11 of Mercado Del Rio, Car Wash Facility. South: Lot 13 of Mercado Del Rio, Brakemasters. East: Rooney shopping Ranch sho in center abutting the backside of the Risky Business Restaurant. West: Lot 15 of Mercado Del Rio, Vacant. COMPLIANCE ANALYSIS: The project meets the following: • Conditions and standards of the Mercado Del Rio Master Development Plan in which automobile service uses are limited to the five eastern-most lots. • Development Standards of the C-2 District. • Applicable requirements of Chapter 3-201 for use permits. pp • OVZCR vehiculararkin requirements (the Development Review Board approved an alternative p g parking plan for this site). Section 3-201,Use Permits: Conditional Use Permits may be granted based on consideration of the following criteria: A. That therantin such conditional use permit will not be materially detrimental to the public health, g g of safety, In arriving at this determination, the factors which shall be considered shall include the or welfare. following: 1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination; The automotive service facility is located on the eastern portion of the commercial center between the car wash and the Brakemasters. The businesses within this portion of center will consist of primarilyautomobile related uses. The service bays have been positioned towards the east side of they (back ert ro side of Rooney Ranch Center) to minimize potential noise impacts from the p p internal subdivision lots and the adjacent properties. To further minimize noise nuisance, wing walls have been incorporated on the southernmost and northernmost portion of the auto service area to funnel noise toward the back of the Target Center. TOWN OF ORO VALLEY 'OWN COUNCIL STAFF REPORT Page 3 2. Hazard to persons and property from possible explosion, contamination,fire or flood; The project will meet all Building Safety requirements for commercial occupancies and the proposed use. Potentially hazardous materials associated with the auto use would be contained and disposed of as required by the Fire Marshal as part of the building permit process. 3. Hazard occasioned by unusual volume or character of traffic. Traffic to the site will be from Pusch View Lane and within the internal subdivision street on the north and south sides of the property (two way traffic). Vehicles utilizing the oil & lube area will enter on the south side of the property and proceed into the queuing area, where an attendant will assist them. The other vehicles utilizing the auto service repair area must park and then proceed to the service desk. With regards to traffic safety and visibility, there are two vehicular spaces located on the northwest corner of the building. The location of these spaces may create safety and visibility concerns; therefore, as part of the Development Plan process, the applicant has agreed to remove these spaces. B. That the characteristics of the use proposed in such use permit are reasonably compatible with types of uses permitted in the surrounding area as required in Sec. 3-201B. The proposed facility would be compatible. with the other automobile service uses on the five easternmost lots and the variety of retail, restaurant and office uses within the commercial center. PLANNING & ZONING COMMISSION ACTION: At their regular meeting of June 7, 2005,the Planning&Zoning Commission recommended conditional approval of the use permit for this project. The following conditions were specified: 1. Wing walls must be established on the outer limits of the southernmost and northernmost service bays of the automotive repair area. The height and design will be reviewed during the Development Plan process. Wing walls have been incorporated on the plan. The specific details of the wing walls will be provided on the architectural submittal. 2. The applicant must provide clearly defined pedestrian sidewalks to guide customers from the parking areas to the main and side entrance of the building. The side entrance next to the oil & lube area must be redesigned to provide a more established building facade to help direct pedestrian traffic. The specifics of each design will be addressed during the Development Plan and Architectural review process. In an effort to address this condition, the applicant has provided two pedestrian sidewalks from the east parking area to the east side of the building. Also, the side entrance of the building adjacent to the oil and lube area has been redesigned to provide a more defined building facade. TOWN OF ORO VALLEY OWN COUNCIL STAFF REPORT Page 4 Staff is still concerned that there is no direct pedestrian connection from the east parking area to guide customers to the main buildingentrance on the northwest corner of the site. To fully address this condition, the applicant has proposed a pedestrian sidewalk on the south side of the two existing parking in spaces proximity to the northeast side of the loading zone. A condition has been added and the p specifics must be addressed on the Development Plan. PUBLIC NOTIFICATION AND COMMENT: Allro ert owners within 600 feet of the site have been notified of the public hearing in accordance with the p p y Town notification requirements. No public comments have been received. GENERAL PLAN COMPLIANCE: The General Plan designates this area as Commercial, which allows for the proposed automotive use in a commercial center. Inp articular, Policy 9.1D applies, "All development proposals should attempt to arrange buildings, massing of buildings, and/or arrangement of lots to preserve views from adjacent properties and streets whilep roviding privacy for residents." The proposed development has been arranged in a manner to minimize views of the service bays and direct noise away from adjacent lots. SUMMARY OF FACTORS: Factors For 1. The Planning&Zoning Commission recommended conditional approval. 2. Thero osed automotive service facility will have no adverse impacts to the adjacent commercial lots p p and the surrounding properties. 3. The service bays are situated behind the Target Center to minimize views and noise impacts from the commercial center. 4. The easternmost lots were envisioned as automobile related uses as part of the Master Development Plan. Factors Against 1. Condition 2 regarding pedestrian sidewalks specified by the Planning & Zoning Commission has not been g g fully addressed;however, the applicant has proposed a solution that will be acceptable to staff. SUGGESTED MOTIONS: I move to adopt Ordinance No. (0) 05 - 31, conditional use permit for an automotive service facility on lot 12 of p the Mercado Del Rio Commercial Center, subject to the condition listed in Exhibit A. OR 31 move to adopt Ordinance No. (0) 05 - , conditional use permit for an automotive service facility on lot 12 of the Mercado Del Rio Commercial Center, subject to the condition listed in Exhibit A, and the following additional condition(s): OR TOWN OF ORO VALLEY 'OWN COUNCIL STAFF REPORT Page 5 I move to adopt Ordinance No. (0) 05 31, conditional use permit for an automotive service facility on lot 12 of the Mercado Del Rio Commercial Center,finding that: Attachments: 1. Exhibit A 2. Conceptual Site Plan 3. Ordinance No. (0) 05 -31 cc: John Reddell Architects, Fax: 480-946-0182 Bart Schannep, Fax: 544-0499 Kit Donley, Mercado Del Rio, Fax: 797-2541 0.--4- ' Plannin• aidZo g Administrator /77 e.--12'1„, Community Development Director 0)0. -,, ei- Town M Hager EXHIBIT A OV8-05-02 LOT 12 AUTOMOTIVE SERVICE FACILITY 1. The applicant must provide a pedestrian sidewalkonthe southexisting parking side of the two arking spaces in proximityto the northeast side of the loading zone to guide customers from the east parking area to the main building entrance. Revise the Development and Landscape Plans accordingly. ORDINANCE NO. (0) 05 - 31 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, REQUEST FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE FACILITY ON LOT 12, LOCATED OFF PUSCH VIEW LANE WITHIN THE MERCADO DEL RIO SUBDIVISON, PARCEL 224-28-2640 WHEREAS, Martacella Holding Company LLC., representing Mercado Del Rio LLC., requests approval of a Conditional Use Permit (CUP) for an automotive service facility with an underlying zoning designation of C-2 Commercial District; and WHEREAS, the Planning and Zoning Commission reviewed said CUP request at a duly noticed Public Hearing on June 7, 2005 in accordance with State Statutes, and having made its unanimous recommendation of approval with conditions to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the CUP request and the Planning and Zoning Commission's recommendation and conditions at a Public Hearing and finds that it is consistent with the Town's General Plan, and other Town ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the CUP for an automotive service facility on lot 12 of Mercado Del Rio be granted per Article 3-2 of the Oro Valley Zoning Code Revised (OVZCR) and that all applicable development standards in the OVZCR and the conditions attached as Exhibit "A" shall apply thereto said property. SECTION 2. That this ordinance and the various parts thereof are hereby declared to be revocable. If any section, sub-section, sentence, clause,word or phrase of this ordinance is, for any reason,held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 3rd day of August, 2005. Paul H. 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HI 7 1 o N q�O m �- ate,0m 0 gy T1aII1, In rnm®4vi 1x `r,v W.N . Ni; id�" 2 ,,�: n•' r ~ •N IO Q O mC'''' I m I \ I rmIO 6m _ c. N TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 3, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Senior Planner SUBJECT: OV12-05-13, MARTACELLA HOLDING COMPANY LLC., REPRESENTING MERCADO DEL RIO LLC., REQUESTS APPROVAL OF A DEVELOPMENT PLAN FOR AN AUTOMOTIVE SERVICE FACILITY ON LOT 12 OF THE MERCADO DEL RIO COMMERCIAL SUBDIVISION, LOCATED ON THE NORTH SIDE OF PUSCH VIEW LANE AND WEST OF ORACLE ROAD,PARCEL 224-28-2640 BACKGROUND: TheJro j ect site lies within the 17 acre Mercado Del Rio commercial subdivision, which was approved as a p Master Development Plan (MDP) and Preliminary Plat by Town Council on May 19, 2004 (0V12-03-22). It was also approved as a Final Plat by the Town Council on October 20, 2004. Asart of the Master Development Plan approval, the applicant provided that lots 11-15 would be reserved for p p automotive uses. This concept was generally accepted because the five easternmost lots are positioned directly behind the Target Center and clustered in a manner to reduce noise nuisance and visual impacts. Lot 12 consists of.83 acres (36,345 sf.) and is currently vacant. The zoning for this site is C-2 Commercial District. A conditional usep ermit is required to assure land use compatibility for the automotive service facility. It is also scheduled for review by Town Council as part of this meeting. SUMMARY: pp The applicant wishes to construct an automotive service facility on Lot 12 of Mercado Del Rio. The development will consist of one building with two components: (1) oil & lube area (2) General automotive repair service area. Because the user of the site has not been specifically identified, the applicant has provided that a tire store, transmission shop or other auto repair related facility may use the proposed design. The proposed project will include the following elements: • A single storybuilding consisting of 7,593 total square feet,which will provide services such as oil &lube, g transmission service,tune-up and general automotive repair. • An off-street parking lot providing 19 vehicular parkings. • Adequate vehicle circulation through the site and a vehicle queuing area for cars entering the oil & lube area. • The building has been positioned entirely on the west side of the property due to an existing utility easement that extends along the entire length of the eastern half of the property. • Pedestrian connections linking this project to other lots. • Hours of operation: 6:00 am to 8:00 pm. Due to the constraints of the site, staff feels that the manner in which the building is positioned and the proposed traffic circulation will provide the most optimal design to minimize potential traffic conflicts. F:\ov\ovi2\2005\12-05-13\reports\DPTC.RPT.doc TOWN OF ORO VALLEY 'OWN COUNCIL STAFF REPORT Page 2 SURROUNDING LAND USES: North: Lot 11 of Mercado Del Rio, Car Wash Facility. South: Lot 13 of Mercado Del Rio, Brakemasters. East: Back side of the Rooney Ranch Shopping Center. West: Lot 15 of Mercado Del Rio, Vacant. Development Plan: Compliance with Conditional Use Permit The Development Plan is not in compliance with the conditional use permit conditions, specifically regarding pedestrian sidewalks. This plan has been conditioned accordingly. Proposed Revisions The proposed plan depicts a two story building, which was approved by the Development Review Board. The applicant has now requested for the second story level (approximately 965 sf.) to be eliminated from the plan, since the potential users for the site will only require a one story building. The total building square footage will 'le 7,593 square feet. The applicant's proposal osal will further minimize any potential visual impacts to the surrounding properties and p staff supports the request. Conditions have been incorporated into Exhibit A to revise the plan accordingly. Setbacks/Building Height The maximum height of buildings in a C-2 Commercial District is 30' (two stories). The following setbacks are required; front 20' and no side or rear setbacks. The development complies with these requirements. Vehicular Parking Per the Parking Code, a total of 38 spaces are required (based on proposed 7,593 sf.) and a total of 21 spaces have been provided. Based on an analysis and review of similar automotive repair facilities, the Development Review Board (DRB) approved an alternative parking plan. The DRB conditioned the Development Plan for the spaces on the northwest corner of the site to be removed because of safety and traffic conflicts as vehicles enter the site. Once these spaces are removed,the plan will provide a total of 19 spaces. Condition 1 has been added. Pedestrian Sidewalks The Development Review Board conditioned the Development Plan as follows: "The applicant must clearly ,rovide defined pedestrian sidewalks to guide customers from the parking areas to the main and side entrance of the building. The pedestrian sidewalks crossing the vehicular lanes must consist of a raised colored brick or concrete top revent cars from stopping on the sidewalks. Revise the development plan and landscape plan accordingly. " F:\OV\OV 12\2005\12-05-13\reports\DPTC.RPT.doc TOWN OF ORO VALLEY 'OWN COUNCIL STAFF REPORT Pate 3 To address this condition, the applicant provided sidewalks in two areas connecting from the east parking area to the east side of the building. Furthermore, the side entrance to the building directly south of the oil and lube area was redesigned to provide a more established building entrance to better accommodate pedestrian circulation. Staff is still concerned that there is no directp edestrian connection from the east parking area to guide customers to the main building entrance on the northwest corner of the site. To fully address this condition, the applicant has proposed a pedestrian sidewalk on the south side of the two existing parking spaces in proximity to the northeast side of the loading zone. Condition 2 has been added. Zoning Code Compliance: The Development Plan complies with all the applicable sections of the OVZCR. Master Development Plan Compliance: As part of the Master Development Plan (MDP), automobile service uses were limited to the five eastern-most lots, which includes lot 13. The MDP specifies a gross floor area of 7,200 square feet and the building pad is positioned on the west side of the lot with vehicle circulation enabled on the north and south sides of the )roperty. There were no service bays depicted on the plan. Because the MDP represents a conceptual layout of a large scale project, modifications to each individual pad are anticipated as specific users are identified. Changes are accommodated without revisions to the MDP as long as the overall framework (circulation) remains in tact. The proposed Development Plan incorporates the following changes: • Increase of square footage from 7,200 s.f. to 8,558 s.f. • The building has been redesigned on the northwest corner to accommodate the oil & lube area • The building has been shifted closer to the south side property line, eliminating the parking along the south side of the building. • The parking spaces along the north side of the building have been reduced to provide the exit lane for the oil & lube area. • The parking spaces adjacent to the east side of the building have been removed to accommodate the automotive repair bays. The proposed changes are entirely contained within lot 12 and do not impact the adjacent properties. Consequently, the proposed design is viewed as compliant with the Master Development Plan. Drainage: Lot 12 occupies the northern half of a drainage area that encompasses Lot 12 and Lot 13. Drainage for the Auto service Center (Lot 12) flows south across the Lot on either side of the proposed building crossing into Lot 13 where it continues across Lot 13 and is captured in a single catch basin at the south end of Lot 13. From the catch basin, runoff passes through a first flush treatment chamber and is then conveyed to a drainage channel running along the south end of the overall development. This channel then drains into Rooney Wash and F:\ov\ovi2\2005\12-05-13\reports\DPTC.RPT.doc TOWN OF ORO VALLEY 'OWN COUNCIL STAFF REPORT Page 4 ultimately into the CDO Wash. Detention requirements have been waived for the overall Mercado Del Rio development because of rapid conveyance of runoff to the CDO Wash. Grading: A Type 2 Grading Permit will be required to construct the building pad, parking lot, drainage structures, and utilities. Traffic: Immediate access to the facility will be from a shared driveway on the south end of Lot 12 off of Vuelta Caminata Del Rio, a north-south directed private road running along the west end of Lot 12 and Lot 13. Vuelta Caminata Del Rio in turn connects to Pusch View Lane, which runs along the south end of the overall development. DEVELOPMENT REVIEW BOARD ACTION: At their regular meeting of June 14, 2005, the Development Review Board conditionally approved the Development Plan for this project and also approved the Landscape Plan. To date, the applicant is in the process f addressing these conditions. All outstanding DRB conditions have been included in the attached Exhibit A. GENERAL PLAN COMPLIANCE: Staff has reviewed the proposed Development Plan with regards to the General Plan Policy Design Elements. In particular, Policy 9.1D applies, "All development proposals should attempt to arrange buildings, and/or arrangement of lots to preserve views from adjacent properties and streets while providing privacy for residents. " This development is located on the eastern portion of the commercial center and will not be visible from Pusch View Lane. The east side of the building (service bays) will be facing the back side of the Rooney Ranch Center. There are no residential homes in close proximity. PUBLIC NOTIFICATION AND COMMENT: The surrounding property owners have been noticed in accordance with the Town notification requirements. To date,no comments have been received. SUMMARY OF FACTORS: Factors For 1. The Development Review Board recommended conditional approval. 2. Meets all Zoning Code Requirements. 3. Meets all applicable General Plan Policies. 4. The service bays are situated behind the Target Center to minimize views and noise impacts from the adjacent properties. F:\ov\ovi2\2005\12-05-13\reports\DPTC.RPT.doc TOWN OF ORO VALLEY l,OWN COUNCIL STAFF REPORT Page 5 Factors Against 1. The applicant is in the process of addressing the condition specified by the Development Review Board regarding pedestrian sidewalks. SUGGESTED MOTIONS: I move to approve 0V12-05-13, Development Plan for an automotive service facility on lot 12 of Mercado Del Rio, subject to the conditions specified in Exhibit A. OR I move to approve OV12-05-13, Development Plan for an automotive service facility on lot 12 of Mercado Del Rio, subject to the conditions specified in Exhibit A and the following additional condition(s) OR I move to denyOV 12-05-13 Development Plan for an automotive service facility on lot 11 of Mercado Del p Rio, finding that: Attachments: 1. Exhibit A 2. Development Plan cc: John Reddell Architects, Fax: (480) 946-0182 Bart Schannep, Fax: 544-0499 Kit &Paula Donley, Fax: 797-2541 Plann • • �' Administrator _ _ Co unity D elopment Director Q4 (YXAJJ Town Manger F:\ov\ovi2\2005\12-05-13\reports\DPTC.RPT.doc • EXHIBIT A OV12-05-13 AUTOMOTIVE SERVICE FACILITY 1. The two vehicular spaces located on the northwest corner of the site in proximity to the main building entrance must be removed. The applicant mustprovide a pedestrian sidewalk on the south side of the two existing parking spaces in 2. pp proximity to the northeast side of the loading zone to guide customers from the east parking area to the main building entrance. Revise the Development and Landscape Plans accordingly. 3. Revise general note 21 to reflect the correct building square footage and eliminating any verbiage on the development plan referencing a two story level. 4. Revise General note 25 to reflect a front yard setback of 20'. 5. Revise General note 25 to reflect that an alternative parking plan of 19 parking spaces was approved by the DRB. 6. The pedestrian sidewalk crossing the vehicular lane, which exists the oil and lube area must be labeled with a key note. Revise key note 5 on sheet 2 to specify that a "raised" colored concrete pedestrian crosswalk will be used. 7. The aforementioned conditions must be addressed prior to final staff certification of the plan. F:\ov\ov12\2005\12-05-13\reports\DPTC.RPT.doc ©2005 Pick agn.ng.ff•arY � _ _ �^y N N N j N 9 . 0 ., d W N O tD m J O7 t.71 L . m J r tr d w N - I— - 9 01 -10T m 2-i C-Om� �NO--I OAO WN �-.i OA; P Nt9. 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'� r m r 0 ID ,O N 9 -[. Tow 'CI ,--1 v .. j, m u u, v .im ma c -4Nz N tr �] 2 PD m_ • 3',1-- 1,i at\*\ ptt.,-e} _ z §.it.-ig:m m c, Mir --A " ." --I' .: . t, =N� n `� 1 < N D z m l• Ham, _m ,,, m m F5 I - _ =$N ^ < V Nzto N Y/On A 7 D Or n ,..._ #0 Z v NII-a•�GZ'f �v 0) <� i'''' V/�$ I 17' r�3�, ig.m 2� IIIAAA • a p r-:' f'1.p m T. P. QC �' z s 0 - y. 7 F v E n 0 N m 0P 10 c•, , s(Tl 'A<g ro -c i m a r v s y �. rG _-Y ' m 2 1 21�— N C� O w rr W TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: AUGUST 3, 2005 TO: HONORABLE MAYOR AND COUNCIL FROM: Jonathan Lew, Planning Technician SUBJECT: ORDINANCE (0) 05- 32 OV3-05-04A, EVERGREEN DEVCO, INC., REPRESENTING STEAM PUMP VILLAGE INVESTORS, LLC., REQUESTS APPROVAL OF A PAD EXEMPTION FROM THE STANDARDS OF THE SIGN REQUIREMENTS OF THE STEAM PUMP RANCH PLANNED AREA DEVELOPMENT FOR STEAM PUMP VILLAGE LOCATED ON THE WEST SIDE OF ORACLE ROAD, IN PROXIMITY TO THE HANLEY BOULEVARD INTERSECTION PARCEL # 22008001P BACKGROUND: Town Council conditionally approved phase 1 of the Steam Pump Village development plan on May 19, 2004. The development will be completed in four distinct phases and will be 40 acres in size, providing 300,000 square feet of commercial space. The applicant wishes to be exempt from the sign standards of the Steam Pump Ranch Planned Area Development (PAD). Asppart of the DRB application to considered at the June 14th meeting, the applicant has applied for a Master p Sign Program. The PAD Exemption must be approved in order to approve a Master Sign Program. A ,mp Tete description of the Master Sign Program has been provided as part of OV3-05-04 staff report. PROCESS An applicant may request to be exempted from the design standards of a PAD to function under the Oro Valley Zoning Code Revised. The Development Review Board reviews the applicant's proposal and forwards a recommendation to Town Council. Town Council renders the final decision regarding the proposed exemption. PAD STANDARDS The following is a comparison of the sign standards that are part of the Steam Pump Ranch PAD and the OVZCR: TOWN OF ORO VALLEY AFF REPORT TO THE DEVELOPMENT REVIEW BOARD Page 2 Steam Pump Ranch PAD OVZCR Standards Sign Type Standards • Maximum 4 foot height • Maximum size is 150 square feet for � for each character signs located within 300 feet of the • Maximum 1 square foot street. of signage e for • Maximum size of 200 square feet for � every linear foot of building wall signs greater than 300 feet from the Wall Signs frontage street • Maximum 150 square • Walls signs may be 1.5 square feet of feet in size signage for every linear feet of frontage for frontages that are greater than 300 feet from the street • 2 Located at each • Entryway Signs entrance to the o 32 square feet maximum area development (a total of o located at an entrance 12 for the proposed • Monument Signs development would be o 32 square feet maximum area permitted) o 1-per individual property Entry/Monument • Limited to 50 square feet o no tenant panels Signs • No tenantp anels • Freestanding Signs o 50 square feet maximum area o up to 6 tenant panels • Combination of 3 Entryway and freestanding sign for any development is the maximum quantity • OVZCR standards apply • Directory Signs Other Signs • Directional Signs Permitted • Under Canopy Signs ' proposal would allow the development to pursue signage options under the OVZCR Chapter The applicant's p p 28. As the above table indicates, the OVZCR offers more types of signs, larger sizes, and greater flexibility. Of particular importancepp to the applicant, the exemption would permit entry signs with tenant panels. The PAD excludes use of tenant panels at project entries. External Compatibility standards are applied without enabling exceptions, it would foster more consistent If the OVZCR pp development of signs within the surrounding area. The OVZCR would provide more than adequate signage for this development. As specified within the Master Sign Program proposed (OV3-05-04), the applicant is requesting to exceed code. This will be reviewed as a separate item. q g TOWN OF ORO VALLEY -TAFF REPORT TO THE DEVELOPMENT REVIEW BOARD Page 3 SUMMARY If approved, the applicant's proposal would allow all future developments within the Steam Pump Ranch Planned Area Development to pursue signage within the standards and guidelines of the OVZCR. The applicant has requested that review of the PAD Exemption be considered at the same time as the Master Sign Program for the development (0V3-05-04). DRB RECOMMENDATION On June 14, 2005, the Development Review Board voted (6-1) to recommend approval of the PAD Exemption for Steam Pump Village. For more details regarding the DRB discussion on this item, please see the enclosed section of the Draft DRB Minutes. FACTORS FOR 1. Greater amount of flexibility to place signage. 2. Larger sign types allowed under the OVZCR 3. Greater variety of sign types. 4. Allowance of tenant panels on Freestanding Signs. 5. DRB's Recommendation to approve the PAD Exemption FACTORS AGAINST 1. Alters the original intent of the Steam Pump Ranch PAD to establish subdued signage. SUGGESTED MOTIONS: I move to adopt Ordinance 05- 32, OV3-05-04A,PAD Exemption for Steam Pump Village. OR I move to adopt Ordinance 05- 32 , OV3-05-04A, PAD Exemption for Steam Pump Village with the following conditions OR I move to deny Ordinance 05- 32 OV3-05-04A,PAD Exemption for Steam Pump Village. Attachment 1. Ordinance 05-32 A 2. Draft DRB Minutes Plannin. : I onin_ A dministrator cc: Clint Jameson(602) 808-9100 (fax) Kelly Chipman(480)961-5923 (fax) // A �� - Com nity Development Director („4„,z,„:„ Town Maer ORDINANCE NO. (0) 05- 32 AN ORDINANCE TO EXEMPT STEAM PUMP VILLAGE FROM ALL OF THE STEAM PUMP RANCH PAD SIGN REQUIREMENTS AND TO BE REGULATED UNDER THE ORO VALLEY ZONING CODE REVISED (OVZCR), CHAPTER 28, SIGNS. WHEREAS, Steam pump Ranch Planned Area Development has established its own sign requirements for the entire PAD. WHEREAS, on June 14, 2005 at duly noticed public hearing, the Development Review Board, considered the PAD Exemption (0V3-05-04A), and voted to recommended approval to the Town Council; and WHEREAS, the Oro Valley Town Council has considered the requested PAD Exemption at a duly noticed public hearing. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1: That the Steam Pump Ranch PAD Sign requirements be amended by designating Steam pump Village exempted from the aforementioned PAD Sign requirements. SECTION 2: That Steam Pump Village be allowed to function under Chapter 28 of the OVZCR. SECTION 3: That all ordinances and parts of ordinances in conflict herewith, and the same are hereby repealed to the extent of such conflict. SECTION 4: That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 3rd day of August, 2005. ATTEST: Katheryn E. Cuvelier, Town Clerk Paul H. Loomis, Mayor APPROVED AS TO FORM Melinda Garrahan, Town Attorney 6/14/2005 Development Review Board Minutes Page 7 of 20 'na Member Sturmon was concerned about the preliminary and its lots 22 through 29. He asked p if he would be able to make a motion with the lots 22 through 29 be voided or if the plat was an all or nothing matter. was under code and allowed encroachment. He Mr. Andrews responded that the situationthan "X" to saythat encroachment shall be no greater thought the Board wanted the code ' ' to g through29, it would deny the developer the ability If the motion was to void lots 22 . percent. allow him to develop it. Legally, the void develop the property, even though our Code would , de p p p ' Board to recommend a ��:val or denial and allow not be backed up. He advised the ppb would " 'i°��{� make the final decision. ` Town Council to : I.!if,•6'14Town Council • mber Sturmon MOVED to r : , that theMOTION. Me . , 4„ • -09 La Canada-r�.. .ills Pr .� inary Plat finding that denyOV 12 04 � ..G,:;:..��:. <. ��� sf� ' Member the riparian conditions th{!. exst were �� s3 uestion. p � £ • motion. Feinberg SECONDED the '} .< ddin ,, VOTE: Meibef� :�Y. carried .�. Motion , :� ,. �< er4es Member �' , «H , a Member Jo Intl, No .��x�: Yes Chair Caswell `:� ° } py.•,<sf5o)• ember Sturmon „,.es , Y A t ;t t i' 'anas -4.14W ,,,, 1%,!lerT4'.!'1,11,: cli- o f,,, ,-,, ..", lor Wir fe y ,44' .49P- ;-, ' I r."7:.v Recess. p. . � : 6. 4.'-<•�R'^<;\ .�5y`'J nvene• .��, V ..Reco • •i �/n!b '14 rd•o-4 ��'ry.� .��:`3t'�' �'���y.��r.> ,,k' �' �° 4.,�.�:},�� � ���..��: REPRESENTING STEAM PUMP y INC V :��„,,',!',.,t,,:,,,,,.,, �� ;�.L� �,. VER ry�= u E �� �� • s �� •.��� �� �� �' FOR 4. O < �::� .., OF A RE VEST .�:; �� ,N . :..�• OR` ALC. RE GUESTS APPROVAL � LAGE I ��.`:�� .` T PUMP �' '.<:=sr .�A.tr.,Y . S OF THE STEAM . Y K THE STANDARD �$� •x� D EXE v�•”��� �ON � "�. .`�I, ��, .��M PA =y': �v:r PUMP VILLAGE ,:` •.. ."•••Q DEVELOPMENT FOR STEAM ��}.AREA��- - `'` WEST SIDE OF ORACLE ROAD, IN PROXIMITY TO LO�� :ED ON T ���:�WEST ANLEYt. KARD INTERSECTION PARCEL # 22008001P THE BO :Y�-EV 1-/':**, f>'n'2Rk5' :°' fl;',,'with Lewis & Roca, 1 South Church, represented Evergreen Devco e. The applicant, Keri :�:. • .:, ���'������� Clint Jameson with Evergreen, Kelly Chipman with and Steam Pump, LL� �� She introduced ` Mark Weinbergowner of Steam Pump Village. She • • orf: YoungElectric Signe�`�Company, and presented her report. Jonathan Lew introduced the staff report into the record. Chair Caswell asked when Rooney Ranch was established and if other commercial centers could request bigger signs. F:.\MINI.JTES\DRB X2005\0 6-14-05 DRB DRAFT Minutes.doc Draft minutes to be approved , ���� 6/14/2005 Development Review Board Minutes Page 8 of 20 in Mr. Vella replied that Rooney Ranch was establishedearly to mid 1990's. He added that each PAD was site specific and each PAD could ask for modifications. Member Kunisch did not see why they should not be allowed the exemption. MOTION: Member Panas MOVED to recommend Town Council approval of 3-05-04A PAD Exemption for Steam Pump Village. Member OV Red din SECONDED the motion. Motion carried 6-1 (Caswell). moi,:: 5. OV3-05-04, EVERGREEN DEVCO, INC., REPRf:;,,,Nu TING STEAM PUMP VILLAGE INVESTORS, LLC., REUESTS APP VA ,„OF A MASTER SIGN 4, J;,•{y�::� WEST SIDE STEAM PUMP VILLAGE, LOCATE Ot::. FOR � THE PROGRAM .r�,,� "�.�<�:`�':�:}� BOULEVARD IN PROXIMITYkill,�` E HA�•��:���••Y OF ORACLE ROAD, ..� 4:�5. ?tiy>. PARCEL # 22008001 Pir 'INT SECTION ..,��,;�;,:>: '1/4 � ~�` The applicant, Keri Silvyn with Lewis & Rocas �t C:.h r� re: presented E � teen Devco and Steam Pump, LLC. She presented her report. � � y�a ic,4k 4,41 ' � �� S: the area was developed,� eed limit would be reduced. Member Sturmon thought that once pfse.s�.� Iv,/ ':J, .' ',-, t T 41.x,'J: 'Y.',.,,,,r..,,,. t'j„S • "�"`���>� �����"�'� `��°�� the speed limit Qt�.4 M9i•::? �y�• 1� ��°�not think e•:'" 1 La 11 • that ADOT contro� Road :���.� p Ms. Silvyn responded kr, .-34,,,,: :y w ez. would change. ---A ;. .. yy�v p.�r:,: ;fig°`�: `� e ort into ..��ecord :r����` Lew ' tro edr. ,.; .: p th i •f, ,�. Jonathan in duc t >Avir, , i, ,L'; :ryC" fit:z„..% Y 1. ,,.'. ,;:�£> Vis;`>: �:�. ,h,�yt was three�� r four separate developments, would each Member Kunisch as r����i`��f:the ro���� :� p p �. rty � S S.� fi...iii' allowed to have three signsr 4 4,-,,,.. Vti,,•:,,e,, a•Y���° �,�.�$„�"�uld be allowed to have twosigns. 4. .:. . .t.z only Mr. Lew t�. t case,they Afig '4""4,k,f'4,?; le,„.,„, `��„�' ',,,,;,,,Y,04„,' . ����Q�. ��` sign package for the whole development. Steam was : :$.}ester Mr. V�� a,stated: that the':am •�V�� `{ z�; therefor one sign package. Rooney Ranch had other businesses �tiY Pump moi: e was one prod �����Y, �: :y developments. in ��A .N: ' "``were considered as separatep v � fact and th come aft�es,�; � o ! *p,,,:A r µyA' Chair Caswell as the dep `of Rooney and Steam PumpVillage. viz, Wii f`A.7”ooney Ranch was 850— 1100 feet and Steam Pump was 575 feet. Mr. Lew responded tha ' �!;> .SCJ ' ' there was a typographical error and should Mr. Vellapointed out that in Exhibit A, Condition 5, be replaced to say "Phase II Building II. He added that ADOT did not plan to add any additional traffic lights to Steam Pumpat this time;however, there was one existing light. Ms. Silvyn stated that they were comfortable with the change to Exhibit A, Condition 5. Draft minutes to be a roved , T::\MINUTES\DRB\2005\06-14-05 DRB DRAFT M.inutes.doc pp 3- Fr _• 6/14/2005 Development Review Board Minutes Page 9 of 20 Member Reddin clarified that the Board was looking at one development not three and not to compare the thought. MOTION: Member Kunisch MOVED to recommend Town Council's approval of the sign design expressed in the Master Sign Program for Steam Pump Village, OV3-05-04 with the conditions listed in Exhibit A. Member Reddin SECONDED the motion. Member Reddin added a friendly amendment to modify the typographical error in Exhibit A, Condition 5 to re.! Phase II Building II. . psv, Member Kunisch accepted the friendl . ' Ment• -/ Y Discussion: Mr• Vella wanted clarification from Membe ;�" i n i if the motion was to approve the original submittal or the revised submittal at` re Me- ' gr which asked for the additional freestandingsigns and increased wall signage �P�.�,ol the buil a g o •,�rFr,+p'yp};p:{p.7� ":�fw:•FjC�.. 414. %""•'sem ' r �'``ted at the Meeting •a���b\'� Member Kunisch wanted the submittal that was p es 'Ai dv.,t..,: P: _`�� r•.°sand keepthe seven freestanding Reddin confirmed that it include the 32-foot e :; ,si..f,,°: signs• *Cal.' *,-,,,,,,-4, � 0.444- 1-* .... *Wit yt. • Member Kunisch added it would also inclu� Ae 3-foot directi3 �signs. s. . Y?43 �r: ,} ^ ;>.; ,f,,4 fi 4 �4 Nom` a<6y.4:"` Desig Y: Member Vella supplemented the one sign fo��the a"Y-:�- � a.y nye ,* s4••:tw 4S2?iSsnfir elltepddi•ti•ons ,pMember Kunisch co n : ;. \fi.P;. 3` �Ytr! IA A Member Sturmon wanted to add Y friendly amen i ent to add to the end of the motion to deny • i6:�3;!:.:c,. • kayo • ?Y,',;,�:�y.., the proposed increase to`` ���.�-size :d.. uantit be ; d"the OVZCR requirements• F Y'Sx� y y .. • • ' "5� i/ ri � � 4 / r ��:. '�2I \ y �r ?i�iyr�2� ? ya Member K A � nt accelt e amencdm i Aft r;•'•'fir`;. A.;,;,'A�.�^ a:•. g g q staff:and h not see a justification for the increase of signs. Meml� r, einber a ree• �VS' .. � ✓.� �<� ��M4, �'i:4; inn P,•.. 3yJ5�:�.,.v04 .. ,,3, "'(AAA, §rte'ih. • : ,,,. J,.:'Fni% Member PaA. greed with Mlnber Feinberg and was also concerned with speed. j�i'ixi 4P l tit-'v 1. tc .F f�. ;: yrp V' ..,'N-, the a plicant for working Caswell they with the sub-committee. Nob,AWN j: f," ***444'7 Motion failed 3-4• 04' VOTE: Member Reddin Yes "Y Member Feinberg No Member Johnson Yes Chair Caswell No Member Sturmon No Member Panas No Member Kunisch Yes F:\•MTNIJTES\DR.B\2005\06-14-05 DRB DRAFT Minutes.doc Draft minutes to be approved 6/14/2005 Development Review Board Minutes Page 10 of 20 MOTION: Member Panas MOVED to recommend Town Council's approval of the signage designexpressed in the Master Sign Program for Steam Pump Village,e OV3-05-04 with the conditions listed in ' 't A and denythe proposed increase to sign size and quantity Exhibit p p q beyond the OVZCR requirements based on the presentation at the meeting and the additional change in Exhibit A, Condition 5 to me g n SECONDED the read "Phase II Building H. Member Sturmo motion. Motion carried 5-2 (Reddin and Kunisch). ��` �� PROPERTIES EEC INC., REPRESENTING WH! LYGIG � 6. OV12 03 31, APPROVAL OF A DEVELOPMEN., 5 : :• .AND PRELIMINARY REQUESTS :��� y.-��•��::,; A COMMERICAL SHOPPI .�:��:�:: CEIER; LOCATED ON PLAT FOR A NEW �.N�. PROXIMITY TO T H .`-0:I `�'n `���� ORNER LA ����:,O :THEA � � OF VACANT SITE IN ..:w ,:::, .:��� ::: , - THE FRY'S LAMBERT LANE - D, EC' '`LY NORT . CANADA AND �� "*('',1,..N, �;����� & 22�-265-75A PARCEL CENTER, _ °:v , 224-25(�. �4E k. SHOPPING ,: - ,x..K. ;Www��[,Y�:. L.� Yi J. �:: Of'�•�� ted his • 1 :,: •, .[ a Suite 17:x; presenKita : n 'Barr with Whir ygig Properties,r ¢: ;�:, � applicant, a The � ��N report. *0*,,. • Mike Canright with Seaver Franks Archit ;:::'` 52 North Alve i 'i presented his repo • a K '. . , �°k -;., } �v. • •(.,fY',.?• • not ` •�•��• no ind,� ation stating there would Caswell noticed that on the General tes the 0/ Chair 9�.�:. x if �, ��� �� *�'����' 4�� to include that. they „w < ins anyoutside storage bins. She asked :: e ; �anyprt t' - be gr . fialk,,, ,,i, d:,;' ^• •'.µ}ms ,:'"A:. '"�7: • • ��� :°��}��� ash bins and showed on the overhead where nrl ht indicate , were enclose �>tr Mr. Ca g ..hat there:.;.: i,. ii,„,,,, they were located. � 1 4: t` � tZ,: ��{'�' +.^ v�1Fa����� . . ��� )9" against the north wall would be larger Caswell wanted to knab,it-jiti,:ffaittilatiwdilld Chair �a.:C Y ��'Y.�.: Y S:•:��•,�•,. "�r be re laced:�..::;� _^K..�,v ��� �. �.�•����`• p by art work 'f: :.:..4f[:: ked water to norm �::y:::. "o:.%: :.: •�..[. than �,S����3:.. ;ra:�.;���,�:. ` �?�[ . tiF ice ;, 3a�,,y. .74 ``... . si :, ``�•. y z added that "� ��..��� y��� �} alongthat area. ��` f; normal s larger than Y: v .�.. � He , hta ?. l,:. .p :: lied Y s ���� es wo� � �, �+�:t���be Mr. �� ep that t � ;�. f..,�,,,. WOrte :f.:,��.:t� atures:�� lace. art :d take the wait e [`Fl ,r` . i• the traffic. He m�� �`� "x` the parkinglots 1 and 4 because of was concerned of along Member uni ::�Fva. :.�� ���?��%� ,-:3;; kin He thought there was plenty of parking available to ��* "'+" ' `- parking. g s Yx ���hat asked if they coy -� �iminat °��- fit the -t:: buildings. '�•��''f�fN-.: • '" could not rid the parking, but the drive way was wider than Mr. Canright responded that they normal, 30 feet wide. the drivewaywould become one way after the parking area. Mr. Kitay indicated that • residents and wanted the retaining walls to match their Member Kunisch was concerned with the walls. F:IMTNUTESO R-B�2005\Ob 1.4-05 DRB DRAFT Minutes.doc Draft minutes to be approved 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: AUGUST 3, 2005 TO: HONORABLE MAYOR AND COUNCIL FROM: Jonathan Lew, Planning Technician SUBJECT: OV3-05- , 4 EVERGREEN DEVCO, INC., REPRESENTING STEAM PUMP 0 VILLAGE INVESTORS, LLC., REQUESTS APPROVAL OF A MASTER SIGN PROGRAM FOR STEAM PUMP VILLAGE, LOCATED ON THE WEST SIDE OF ORACLE ROAD, IN PROXIMITY TO THE HANLEY BOULEVARD INTERSECTION, PARCEL # 22008001P BACKGROUND: Pump Village development plan was conditionally approved by Town Council on Phase 1 of the Steam P p g p 004. The development may be completed in 4 distinct phases and will be 40 acres in size, May 19, 2 p possibly providing 300,0q 00 square feet of commercial space. The applicant's proposal for a Master Sign pp Program (MSP) would, signs approved, allow si s for all phases of the development. The property is 4,200 feet long along Oracle road with a maximum depth of 575 feet. PROCESS pv- 116. nt must obtain an exemption from the Steam Pump Ranch Planned Area Development he applica p (P.A.D.). The applicantpp has submitted an application for the exemption (0V3-05-04A) and is asking that the exemption and Master Sign Program be reviewed at the same time. allows an applicant to exceed portions of the OVZCR Chapter 28 standards, A Master Sign Program pp provided thatproposal the signage creates a superior overall design as necessitated by the uniqueness of the development. Under this program, the Development Review Board (DRB) is charged with the gr' review of the design and forwardinga recommendation to Town Council. Town Council will then make the final decision. APPLICANT'S PROPOSAL: The applicant has proposedgn a Master Si Program for the entire development. The following is a pro summary of the applicant's osal. (Please note, items in bold exceed Zoning Requirements.) p Wall signs A. 1 squareevery signageever foot of for linear foot of frontage for tenants with less than 10,000 square feet. B. 1.5 square feetsignage of si for linear foot of frontage for tenants with more than 10,000 g every square feet. (Code allows the 1.5/1 sign allowance only for tenants greater than 300 feet from the street.) size of wall signs with 1.5 square feet sign allowance will be 250 square feet. C. Maximum (Code allows a maximum of 200 square feet for wall signs with the 1.5 square feet sign allowance.) D. Reverse pan-channel letters E. White-Halo Illumination TOWN OF ORO VALLEY 'AFF REPORT TO THE DEVELOPMENT REVIEW BOARD Page 2 F. Logos shall be limited to 25% of the total sign area G. Limited to 2 elevations Freestanding Signs A. 8 feet in height B. 44 square feet C. Internal Illumination D. Copper top with a sandstone base. E. 5 will be placed along on Oracle Road with the 2 entryway signs below a total of 7 are proposed. (Code allows a combination of 3 freestanding and entry way signs for any single development). F. Seepage 9 of the applicant's proposal for location G. Seepage 10 and 11 of the applicant's proposal for the design Entryway Signs A. 6 feet in height B. 32 square feet C. White Halo Illumination D. Convexed (Bowed Out) shaped with a sandstone base. E. 2 will be placed along Oracle Road F. Seepage 9 of the applicant's proposal for the locations G. Seepages 12-14 of the applicant's proposal for the design Directional Signs A. 3 feet in height B. 6 square feet C. White Halo Illumination D. See page ag applicant's 9 of the a plicant's proposal for the proposed locations E. Seepage 15 of the applicant's proposal for the design Directory Signs A. 8 feet in height B. 40 square feet C. Internally Illumination D. Seepage 9 of the applicant's proposal for the proposed locations E. See page 16 of the applicant's proposal for the design Under Canopy Signs A. 4 square feet B. No Illumination C. Seepage 17 of the applicant's proposal for the design Color Pallet 1. Medium Bronze (41-312) 2. Aztec Copper (46-402) 3. Tucson Gold (46-258) TOWN OF ORO VALLEY TAFF REPORT TO THE DEVELOPMENT REVIEW BOARD Page 3 4. Black Anodic (41-335) 5. White acrylic (015) 6. Dark Bronze (41-313) OVZCR CHAPTER 22, SECTION 22.6B, REVIEW CRITERIA: In considering any sign application,a lication, the Town utilizes the following criteria: The proposed design shallpromote romote a desirable relationship of structures to one another, to open spaces and topography both on the site and in the surrounding areas: p Internal Compatibility The applicant's color pallet is very limited and makes good use of desert colors found throughout the development. They will be compatible with the approved colors for architecture which include: Bronzed Orange (DE 5179), Garden of Eden(DE 5607), Weathered Coral (DEC 725) and Slopes (DEC 721). ) ' of white halo illumination will help ensure a consistent form of Additionally, the applicant s use illumination throughout the site. r and directional signs. The designs of these signs incorporate The applicant's proposal includes directory � sandstone base found in the entry freestandingand way signs. A similar sandstone base is currently • • architecture for phase 1. In sum, the designs of the signs are internally utilized throughout the approved compatiblepp with the approved structures and represent a cohesive design theme. The character of the proposed design osed desi n shall be in harmony with, and compatible to, those structures and signs in the neighboring environment and the design character adopted for any given area avoiding excessive variety or monotonous repetition: External Compatibility The following is a summaryof the existing developments around Steam Pump Village: North Directly north of the developmentopen is space. Beyond that will be the future Oro Valley Marketplace. p p The proposed 100 acre development will extend north to Tangerine Road. Currently, the development gn packages. pp si acka es. The applicant will likely seek a color pallet with similar has not formally submitted any sign styles types les and t found in other Vestar developments in the Phoenix area. South southernportion of the property. The ranch heritage of site has been well Steam Pump Ranch abuts the p p Documented and the site is eligible for the National Historic Registry. Steam Pump Village was a part of applicant's proposal states that no wall signs shall be placed on the south the original ranch site. The a pp s p ro p elevations of buildings 1 of phase 1 and building 2 of phase II. r , t t TOWN OF ORO VALLEY - AFF REPORT TO THE DEVELOPMENT REVIEW BOARD Pate 4 -TAFF historic ranch property is the Rooney Ranch Commercial development. The To the south of the p p y varietyof different signs. The wall signs within this development use a 1.5/1 development consists of � sign area allowance and are situated 600 feet from Oracle Road. The development currently uses 6 identification. As part of a general theme, the use of backlit copper patina is freestanding signs for tenant used byminor tenants, and larger tenants were permitted greater flexibility. East Directly east of thedevelopmentHoneywell is Hone ell Corporation, which is governed by Pima County. Currently, Honeywell utilizes 2 freestanding signs s for identification purposes. The dominant color of the pp s The a licant' proposed freestanding signs would not adversely impact the signs is red and black. existing Honeywell signs. West There are residentialdevelopments separated by the 720 foot wide Canyon Del Oro wash. The application states that no signs shall be placed on the rear elevation facing the residential areas. Overall, the additiongnalong of 7 new signs Oracle would not be compatible with the surrounding areas. The developments around Steam Pump Village use less signage on deeper sites to attract a large amount business. In order to protect the visual serenity of the Town, design of signage should be based on trying to get information across with the least signage possible: The applicant is requesting place to 5 freestanding signs and 2 entry way signs along Oracle Road. Chapter 28 of the OVZCR allows a total of 3 freestanding and entry way signs. Staff finds no justification for the increase in amount of signage that the applicant is requesting. There would be justification if this siteexceptionallydeep were exce tionall with buildings placed a long distance from Oracle Road; and verynarrow development. So, signage would be easily visible from Oracle however, it is a long p widestpoint, the property is only 575 feet wide. Also the freestanding signs already state Road. At its p p y the name of the development.ment. The addition of the entryway signs of identification is redundant and unnecessary. compliantsigns wall si s will provide adequate exposure for identification purposes along Oracle Road. Additionally, the applicant is requesting signs that wall si s for tenants over 10,000 sf and less than 300 feet property line, be allowed wall signs 1.5 square feet for every linear foot of building frontage. from the prop y Code currently allows wall signs to have the 1.5 sf/1 linear foot ratio for wall signs over 300 feet from line. In effect the code provides additional allowances for deep sites with buildings a great the property distance from Oracle Road; however, this is a relatively narrow site. The applicant is also requesting that wall signs with the 1.5 square feet allowance, be allowed to have a maximum of area of 250 square feet. Code currently allows a maximum area of 200 square feet. Staff finds there is not adequate justification )r any increases in signage. TOWN OF ORO VALLEY —AFF REPORT TO THE DEVELOPMENT REVIEW BOARD Page 5 For comparison purposes, staff researched the amount of signage permitted for various developments in the area. Length Size of Depth of of the # of Freestanding Amount of Wall Development the Site the Site Signs/Entryway Sign signs* Site Total of 12 entrances and 1.5/1 for tenants 10 F/S Signs. Oracle with 7,500 sf of Road has 5 entrance building space points and 6 freestanding with a distance Rooney 775 feet 55.2a 3,300 signs. 1st Ave has 5 of 450-575 feet Ranch/Oro to 1,100 Retail cres feet entrance points and 3 F/S from Oracle Valley feet Center r Signs. Pusch View Lane Road and 1/1 has 1 entrance point and 1 for front tenant F/S Sign.** pads. 0-800 Total of 2 entry points and 1.5/1 for all feet-from 2 freestanding or 3 entry tenants. Mercado Del 17 1,600 Rio acres Pusch feet way signs. View Lane Total of 4 entry points and 2/1 for western Oracle 4 freestandingsigns for tenants with a in624 feet the development distance 200+ Crossings 30 1,800 with to 860 feet and 1.5/1 (Approvedacres feet Pima County feet Pima County standard: for eastern Standards) Four tenants (front pads) Total of 7 entry points 1.5/1 for tenants with 5 proposed over 10,000 sf (Proposed) 40 4,200 Steam Pump 575 feet freestanding/entry way and 1/1 for acres feet Village signs. tenant under 10,000 sf * Measured as a ratio of square feet of signage per linear feet of building frontage. ** The Rooney Ranch Center has several parcels that were developed separately from the main development. The center has a total of 5 freestanding signs for the center and 5 freestanding signs for individual developments within the Rooney Ranch Center. In sum, staffjustification finds no for the increasing the standards of the OVZCR Chapter 28 for the PumpVillage because the property is relatively narrow and the wall signs would provide adequate Steam g p p y identification of the businesses within the development. Staff would support the request if the property exceptionally deepand buildings were placed a great distance from Oracle Road. As indicated in the was excep y g t three developments on or near Oracle Road have greater depths to contend with and utilize lower able, p r of freestandingsigns alongOracle Road. Additionally, the length of the development allows for amber gn . exposure alongOracle Road. Together the length and lack of depth offers heightened exposure of greaterp g signs along Oracle Road that no other development currently has. TOWN OF ORO VALLEY TAFF REPORT TO THE DEVELOPMENT REVIEW BOARD Page 6 ' signs bypreventingtheir over concentration, improper placement, Promote the effectiveness of g excessive clutter, size and number. 7 freestanding/entry-way signs and increase allowances for The applicant's re nest to place a total of q The numbers and sizes should be reduced to within the OVZCR wall signs does not meet this guideline. pliant liant freestanding and wall signs on the building will provide limits. As mentioned above, code sufficient identification without excessive signage along Oracle Road. ' health, sae welfare and convenience. Protect the general public Preserve and protect the public safety . damage, which maybe caused by faulty and uncontrolled construction or improper from injury or g , location of signs within the Town. The Town's Public Works staff has reviewed the submittal. No traffic hazards were discovered in phase velo ment plansign placement of all future phases could not be 1. However, due to a lack of final de p p evaluated.. have been limited to 2 each per phase. The locations will The quantity the directory and directional signs be accessed through the Town's Public Works staff. Signcompliance with the purpose statements established in Section 28.1: designs shall be in p p 411 components shall be in compliance with Addendum A, Design Guidelines: are written to reflect the purpose statements in Chapter 28, Signs. Both Addendum A, Design Guidelinescolors that character, compatibility areas of the code address uniqueness, and the use of materials and colo and surroundingcommunity. The applicant's proposal fails to meet appear natural to the environmenton Oracle statements. The proposal brings an unnecessary amount of signs along the Chapter 28 purpose p p Road. DRB RECOMMENDATION • on June 14, 2005, the Development Review Board voted by At their regularly scheduled meeting nand majority vote (5-2) to forward a recommendation to Town Council with the following motio conditions: moved to recommend approval of the sign design expressed in the Master Member Panas Sign Program with the conditions listed in Exhibit A and deny the increase to size and quantity beyond the OVZCR requirements based on the presentation at the meeting and the additional change to Exhibit A, condition 5 to read Phase 2 Building 2. 1. The applicant must obtain Town Council approval of a PAD Exemption prior to Town Council approval of the Master Sign Program. 2. No more than 2 directory signs shall be permitted per phase. 3. No more than 2 directional signs shall be permitted per phase. 4. The locations of the directoryand directional signs shall be subject to review and approval by Town of Oro Valley Public Works staff. Specific sign locations shall be indicated on the development plans for Phases II-IV TOWN OF ORO VALLEY TAFF REPORT TO THE DEVELOPMENT REVIEW BOARD Page 7 5. No signage may be placed on the south elevation of Phase I Building 1 and Phase II Building 2. 6. No wall signage may be placed on anyof the west elevations of buildings adjacent to the CDO Wash. the validityof having 7 freestanding/entry signs along Oracle During the meeting, the members discussed justification Road, and the proposed increase in size of the wall signage. In the end, members found no for the proposed increase in signage. The applicant has included the conditions into the attached submittal. FACTORS TO CONSIDER FACTORS FOR: 1. Limited number of colors 2. Consistent design of signage throughout the site 3. Design signs of the si s blends in well with the proposed architecture 4. DRB recommendation to approve the design of the signs 5. Limited use of directory and directional signs 'ACTORS AGAINST: 1. Over use and concentration of freestanding signs along Oracle Road for oversized wall signs for 2. No justificationtenants over 10,000 square feet 3. DRB recommendation to deny the increase in sign standards and narrow) would provide adequate exposure of wall signs 4. The shape of the development (long along Oracle Road TOWN OF ORO VALLEY TAFF REPORT TO THE DEVELOPMENT REVIEW BOARD Page 8 SUGESTED MOTIONS: I move to approve the signage design expressed in the Master Sign Program for Steam Pump Village, 0V3- 05-04 and deny the proposed increase to sign size and quantity beyond the OVZCR requirements. OR I move to approve the signage design expressed in the Master Sign Program for Steam Pump Village, OV3- 05-04 and deny the proposed increase to sign size and quantity beyond the OVZCR requirements and with the following conditions OR I move to deny the design of the Master Sign Program for Steam Pump Village, OV3-05-04 for the following reason(s) Attachments: 1. Master Sign Program cc: Clint Jameson(602) 808-9100(fax) Kelly Chipman(480) 961-5923 (fax) Y Plannint mgir oning dministrator 77:0— k8/4 Community Development Director Town Manager JUN 242005 MASTER SIGN PACKAGE FOR Steam Pump Village BY EVERGREEN DEVCO, INC. 2920 East Camelback Road, Suite 100 Phoenix, Arizona 85016 June 23, 2005 Sign Criteria This Master Sign Package is established for the purpose of assuring that Steam Pump Village (the "Shopping Center") will be an outstanding commercial development with distinctive and compatible signs for the benefit of all owners and occupants. All signs must be integrated with the Shopping Center's architectural character and designed in a manner that will not create a nuisance or diminish the visibility and/or value of other Parcels. Endeavors have been made to work within the requirements of the Town of Oro Valley sign ordinances while creating unique designs that are architecturally compatible with the Shopping Center and make a strong identity statement. All Shopping Center sign regulations shall be governed by this Master Sign Package. All signs within the Shopping Center must conform to the standards outlined in this Master Sign Package. Conformance will be strictly enforced and nonconforming installation or unapproved signage must be brought into conformance at the expense of the violating party. General Requirements All signs that are intended to be placed in or on the Shopping Center will be reviewed by Evergreen Devco, Inc. or its Assignee ("Evergreen") for compatibility with these guidelines. Each building Owner/Occupant will receive a copy of these guidelines before designing signs. Plans must be approved in writing by Evergreen prior to installation. Evergreen's approval of such plans does not constitute a representation or warranty that such plans are in compliance with applicable governmental requirements. Compliance with all governmental requirements is the sole responsibility of each Owner/Occupant. Standards and Requirements • Each Owner/Occupant must submit 2 sets of detailed drawings of all signs at least 15 days prior to submitting for permits. • After the proposal is reviewed, Evergreen will return one set of drawings marked either"Approved," "Approved as Noted,"or"Revise and Resubmit." ➢ Approved — Owner/Occupant is allowed to proceed with sign permitting/construction/installation. ➢ Approved as Noted — Owner/Occupant must make any revisions noted on plans before proceeding with sign permitting/construction/installation. ➢ Revise and Resubmit — Drawings will be returned with comments and should be revised accordingly. Owner/Occupant must then resubmit for another review. • Sign content shall be restricted to the identification of business or service located on a Parcel. • All signs shall be made of durable and long-lasting materials. • No exposed neon tubing, ballasts, crossovers, raceways, conduits, conductors or transformers are permitted, except conduit at any under-canopy signs (which must be painted to match the canopy). 179771.1 • All screws, nails and fasteners shall be made of non-corrosive materials. • Anydamagebuilding's to a buildin 's fascia, canopy, structure, roof or flashing which is caused bysign the contractor or Owner/Occupant must be repaired and/or paid for by the sign contractor or Owner/Occupant. All penetrations of the building structure required for sign installation shall be neatly sealed in a watertight condition. No penetrations of the roof of any building are permitted. • No labels shall be permitted on the exposed surface of signs, except those required by local ordinance. Those required shall be applied in an inconspicuous location. • All neon shall have P-K housing. • All electrical signs shall bear the UL label and shall conform to local building code, electrical code and zoning standards. Prohibited Signs No sign shall be painted on the surface of any building or structure. No sign shall be placed or located on the roof or extend above the roof of any building. No sign shall be located or constructed in a manner that materially impairs the visibility of or access to any other parcel arcel or the buildings located thereon without the prior written consent of the Owner(s) of the adversely affected parcel(s). No animated, flashing, blinking, audible, placard, poster, playbill, posting, painting, change-panel, flag, fixed balloon, rotating light, "A-frame,"moving or rotating signs are permitted. Signs cannot be installed within thep ublic right-of-way. No sign shall be placed on or attached to any vehicle except for painted directly on the surface of the vehicle and meeting all applicable signs governmental requirements. The primary use of such vehicles shall be in connection with the operation of a business on a Parcel and not advertising or identifying the business premises. No sign shall be permitted which is structurally unsafe or constitutes a hazard to safety or health. Prohibited signs are further regulated by the Oro Valley Zoning Code Revised, Chapter 12, Signs. Freestanding and Entryway Signs The design of all Freestanding and Entryway signs and panels to be placed thereon is subject to the review and approval of Evergreen. All freestanding signs shall be "monument" style and must be compatible with the architecture of the Shopping Center. The maximum area of all Freestanding and Entryway signs shall be measured as the smallestg eometric shape to fit around each tenant panel, letters (if individual letters attached directly to wall or sign), or logo. Entryway Signs • For purposes of this Master Sign Program, Entryway Sign shall mean a permanent sign identifying the name of the Shopping Center. • Evergreen will have the option to install two (2) Entryway Signs. This signage shall consist of reverse pan channel or push thru letters or other graphics identifying the Shopping Center as shown on Exhibit B. • The maximum area of the sign is 32 square feet. 179771.1 • The maximum height is not to exceed the height of the entryway wall in which the sign is placed. • There shall be no required setback for the Entryway Signs. • All Entryway Signs will be designed to match the materials, color and style of the approved building elevations. The Entryway Signs will be internally illuminated with fluorescent lighting. Freestanding Signs • For purposes of this Master Sign Program, a Freestanding Sign is a permanent, freestanding style sign, supported by structures, supports, columns, uprights, and/or braces, that are placed on, or anchored in the ground and is independent of the building or business. The sign may be single or double-faced. The sign may contain the name or logo of the development and a maximum of six (6) tenants, along with the address of the property. • Freestanding Signs will be located along Oracle Road and will be used for anchor tenants, major retailers and in-line shops at Evergreen's sole discretion, as shown on Exhibit A • The maximum area of each sign is 50 square feet. • The maximum height of is 8' above adjacent grade. • There will be a maximum of six businesses identified on each sign. • The tenant panels will be routed copy with push through white acrylic. • All Freestanding Signs will be designed to match the materials, color and style of the approved building elevations. The tenant panels are routed aluminum with back up white acrylic. The Freestanding Signs will be internally illuminated with fluorescent lighting. There shall be no required setback for the Freestanding Signs. Building Mounted Wall Signs The design of all wall signs is subject to the review and approval of Evergreen. Any variations from these standards are at the Evergreen's discretion. • All storefront signs must be fabricated from individual reverse pan channel letters. • Individual pan channel letter and logos must be constructed of aluminum with 3" returns. • Letter faces and returns are to be painted the same color and to be from the approved color palette unless the color and typestyle of the sign is a federally registered trademark or signature mark. Letters and/or logos with corporate colors, or protected by federal law, may be used with proof of registration at time of application. Unprotected letters and/or logos shall be restricted to colors provided herein. • Individual letters and logos that cannot be reverse halo lit must have a minimum 1/8" Plexiglas face. • Reverse pan channel logos with optional routed graphics must have a minimum 1/8" back up acrylic face and can be decorated with 1St surface vinyl. All logos require approval of Evergreen D evco. 179771.1 • Wall signs must be centered vertically and horizontally on the fascia, or as otherwise approved by Evergreen. • No wall signage may be placed on any of the west elevations of buildings adjacent to the CDO Wash. • No wall signage may be placed on the south elevation of Phase I building 1 (Carpet One) and Phase II building 2 (building located just north of detention park). Building Frontage/Location:e/Location: Building Frontage and/or Location are defined as set forth in the Oro Valley Sign Code. Fasteners: All signs,bolts, fastenings, sleeves, and clips must be of hot-dipped galvanized iron, stainless steel, aluminum,brass, or bronze. Connection Devises: Exposed connection devises are not permitted. Electrical Parts: Exposed electrical devises are not permitted. Sign Area: Aggregate sign area permitted for each business as defined in this Master Sign Program. Colors: The following color palette has been established for this development. Each Owner/Occupant shall utilize only those colors approved within this criterion unless otherwise allowed. 1. Medium Bronze 41-312 2. Aztec Copper 46-402 3. Tucson Gold 46-258 4. Black anodic 41-335 (match Matthews) 5. White acrylic 015 6. Dark Bronze 41-313 (match Matthews) Letter Style: Letter style is to be per the Owner/Occupant's corporate standards, subject to Evergreen's approval. Illumination: Illumination is to be halo backlit, using 4500 white neon. Maximum size of logos shall be limited to 25% of the sign area maximum. Illumination shall be halo 4500 white neon. Major Tenant Wall Signs (Over 10,000 s.f.) with less than 300' set back from property line. Size: • Maximum sign area shall not exceed one and a half(1.5) square feet per each lineal 179771.1 t • foot of Building Frontage, not to exceed an aggregate of two hundred (200) square feet in area. Sign area calculation for letters not encompassed by a frame or boundary, shall be measured by the sum of the smallest rectangular shape needed to enclose each letter or symbol. Logos will be calculated by measuring the overall Y height bythe overall length. Logos cannot exceed 25% of the total allowed sign area. • Signage is allowed on a maximum of two (2) elevations. • The overall height of primary identification letters is 48". The maximum height of g secondary copy is 30". • The overall length of any sign may not exceed 80% of any Building Frontage. Major Tenant Wall Signs (Over 10,000 s.f.) with more than 300' set back from property line. Size: • Maximum sign area shall not exceed one and a half(1.5) square feet per each lineal foot of Building Frontage, not to exceed an aggregate of two hundred (200) square feet in area. Sign area calculation for letters not encompassed by a frame or boundary, shall be measured by the sum of the smallest rectangular shape needed to enclose each letter or symbol. Logos will be calculated by measuring the overall height by the overall length. • Logos cannot exceed 25% of the total allowed sign area. • Signage is allowed on a maximum of two (2) elevations. • The overall height of primary identification letters is 60". The maximum height of secondary copy is 36". • The overall length of any sign may not exceed 80% of any Building Frontage. Single Tenant Pad Building Wall Signs (Less than 10,000 s.f.) Size: • Maximum sign area shall not exceed one (1) square feet per each lineal foot of Building Frontage, not to exceed an aggregate of one hundred fifty (150) square feet in area. • Signage is allowed on a maximum of two (2) elevations. • The overall height of primary identification letters is 48". The maximum height of secondary copy is 30". • Sign area calculation for Letters and Logos shall be calculated by measuring the overall height of the tallest letter by the overall length of the sign. • Logos cannot exceed 25% of the total allowed sign area. • The overall length of any sign may not exceed 80% of any Building Frontage. In Line Retail Shop Tenant Wall Signs (less than 10,000 s.f.) Size: • Maximum sign area shall not exceed one (1) square feet per each lineal foot of Building Frontage, not to exceed an aggregate of one hundred fifty (150) square feet 179771.1 in area. • If a business is not identified on a separate freestanding identification sign then the total wall sign area on up to two building walls may be increased by 10%, but may not exceed a maximum of one hundred fifty(150) square feet per Building Frontage. • Signage is allowed on a maximum of two (2) elevations. • Sign area calculation for Letters and Logos shall be calculated by measuring the overall height of the tallest letter by the overall length of the sign. • Logos cannot exceed 25% of the total allowed sign area • The overall length of any sign may not exceed 80% of any Building Frontage. • The overall height of any single letter or logo shall be restricted as follows: • Leased area up to 2,000 s.f.: 24"maximum letter height • Leased area 2,001 s.f.-6,000 s.f.: 36"maximum letter height • Leased area 6,001 s.f. 9,999 s.f: 48"maximum letter height • Double lines of copy are permitted but shall not exceed a total combined height of 48". Window Signs or Graphics Glass areas of storefronts and offices may contain graphics indicating business name, address or suite number, hours of operation, emergency phone numbers, logos, etc.; subject to compliance with the Oro Valley Sign Code. Directional Signs As shown on Exhibit C. No more than two (2) Directional Signs shall be permitted per phase. The locations of Directional Signs shall be subject to review and approval by the Town of Oro Valley Public Works staff. Specific sign locations shall be indicated on the construction plans for Phases II-IV. Directory Signs As shown on Exhibit D. No more than two (2) Directory Signs shall be permitted per phase. The locations of Directory Signs shall be subject to review and approval by the Town of Oro Valley Public Works staff. Specific sign locations shall be indicated on the construction plans for Phases II-IV 179771.1 2 Under Canopy Signs Occupants of in-line shops space must identify their main entrance with an under canopy sign as shown on Exhibit E. Location: • Over entrance, oriented perpendicular to store front. Size: • The maximum area of each under canopy sign is as set forth in the Oro Valley Sign Code. Refer to Exhibit E. Guidelines: • One under canopy sign allowed per entrance. • Building occupants may display their own graphics with their corporate identity, on a standard double-sided panel provided by Evergreen. Other Additional Sign Types Allowed All other sign types, including permanent and/or temporary signs shall follow the rules and regulations set forth in the Town of Oro Valley Zoning Code Revised, Chapter 12, Signs. All permanent signs types shall be reviewed by the management company prior to applying for permits with the municipality and shall be restricted to using only those colors available within the approved color palette unless protected by federal law. 179771. SITE PLAN D © 0 — -,: .in -nl Li,t I11 111 ID l 1 t►r I Tr'fii1 -1,l�t Tat. �'rl ;,, — — — — — — .— :' t ii!«ILC?_il_`j _ 10i 11�YII Itl IIII'.I.!• I— _ r-I'�,��Ill IT — ? 1 1,I!.I j (_ ,i,1.:I, __�,•f.i 1 til VI r .'fk -Iiiin _l l _— .I ;.,. �: ,..,i''...'_"..:,4y'1Jr '��:r,'" _,.,.ice:1 ,ft,*!4.-1-_-ra,..4.3 ! i' +l�3t ..- .,.-'11:.1.1^,,p11T— T�11,T'ri 1. ,r_-'.;, i'�,-'.•'Tri.'1. 1'“�' .I' ii.:31i iil) � � ....:'� I �_"`�'-. - .:*11'11-:-L7--;--1 �.1✓ ..-: 1�•TI I�•'7}�T'';'sT ,I' ' llt s '•�i:i III Ilii 111 i•I•Ii-. ��'�1�-"1 -�';� '"1.- "� ' �•• . ,.!-.••-, r_`'•-t 1.I,��It J �_ —.Ai: i ii:i is 1 ,}11.1 311 t i Alii ....,T4,i,; ft E F. I P,r _ z:.i _ --. - _ T -,,,i .. .fa,-+ sv::,_4, .,,.. `.t -i _ _ (.. .: ~�PHASE 11 �� — — �zi "s�.., '+` I ti +l.8 J - _i 'S1. .r--+ —'� I� + �� I 1 11 1111. F-31.� —•�-' tit,i.l;•. 1 i I'.�II'3 I ,f• 1.,•'',t�.r,i'' 1,:11 tW.1111 III 1'111111 I. ilia .'1,•111-±....4_—_ _1 ' - _ - D B2 A BI SITE PLAN-DISPLAY LOCATIONS NORTH 4 ,_.„0„,......_3 TO/MO..% A, �A"UNE*CIAO 14>'I 1111 r".,r 1,,' . .. _ CAIIA t,4 ST.AltPAITK . ;.. :34.'-'-:: '''''l -7 t'fil21 ,.,>,,,t_r l S1EAM PUMP j i . VIttAGE !Q t4f0 j) i71,:,.4,36,, 7 ,7 c. r--,..---32 ,, _ .. , cr--- -/?- --'t-P; -, ,,,.._,.. _ 1 J` A ..; C....."00 NATION IC ..• IRS” 1`,� 4 e_1 I.IND 11MIA MMVP, TO TUCSON • VICINITY MAP NORTH .1 STttIM IIJMI) VILLI1Ct .....„ ..,. ..-. , , 50010-R7drI Al 8 FOOT OCCUPANT FREESTANDING SIGN I10'-1" I MI , aS h I I 1 . O TENANT-1 TENANT 1 0. * mit .. STREET END TENANTI �w ,. TENANT . . • 0 1 4 „, (Iv .. 00 . ., .1---, , .., ‘ TE , TE , ,,,pie, , ._ 1 Q , \ ;4 , -,,,, 4_ .., . .... ., _ .., .4,, 4.&,--- ..,, -ANN STHIM PUMP VILL-fiC '''''-. --- ° , .. N {4 Mr__ ligr"''''-- �'� fir.. �'.. £ „x�c. - T� SPECIFICATION EID D/F ILLUMINATED FREESTANDING SIGN K E Y SCALE 3/8"=1'-0" (D BARRIGE"COPPER COAT' STANDING SEAM ROOF. ® 4"x 8"ALUMINUM I-BEAM SIMULATED RIDGE RAFTER. PAINT DARK BRONZE#41-313(MATTHEWS). 4'-3" ■ ® FASCIA PANEL,PAINT TO MATCH RED-BROWN#1807 ■ 2'-8' (PMS). ® ALUMINUM CABINET.PAINT DARK BRONZE#41-313 • 12" (MATTHEWS).DOUBLE BANK T-12 INTERNAL ILLUMINATION. ® REVERSE PAN ALUMINUM TENANT PANEL.PAINT ,, r MEDIUM BRONZE#41-312(MATTHEWS).ROUTED FACES WITH WHITE ACRYLIC PUSH THRU GRAPHICS. e ® CONCRETE CAP O LEDGE STONE TO MATCH THE ARCHITECTURE. _♦ ® ROUTED BACKGROUND WITH WHITE PUSH THRU IiiiiiiallW GRAPHICS. ® ACCENT STRIPE.PAINT MEDIUM BRONZE#41-312 (MATTHEWS). ____,..._ 1 itiminimp , N TOTAL SQUARE FOOTAGE =50.0 N -, _ a ST{flM rUMr ? a , ", 1.11C .............—.—17"11,- --a— —a— V I L It STREET END I, CENTER END 2'-6„ ........... ED 50010-R9d, ,iesco A 2 ALTERNATE 8 FOOT OCCUPANT i 10'-1" •FREESTANDING SIGN . , . . , i . 0, €0 i 1111 * , , i 1 I 1 .1 _ • miamiliiiiiiiika . 0. _......... . _ _ .. o STREET0 "" ____..._......i i . —.4000* END TENANTI ,, rvT . = 7.4. -r TENANT ' TENA Ni. 9 . .... 0 ,, I vs. r x Bo isar 4116 ..non..rwse�+a�....aeuwa.e.N.P. :-.. .. _ cam,..,... �,,,R�+�r.rte,. E. \—1-1 ENA .:;:.4'.'��I� fes. >I , . .;.'.k viwitii WL_ ' c-....t1l.rrV�� r :. �� rir. u w r a. l 1. - �222 ... .Si-'tom+ . a e <1Cx_ „, ..-..i...;.-. .-....-- . r 4 '-fl-.r '.3 .. .- • .. ,i'x'-: ^O!$�''a- 'b,al $ - •aiiikairmalw_ -- ' -- - .. --, - Raw EN D/F ILLUMINATED FREESTANDING SIGN SPECIFICATION KEY- E Y ALTERNATE TO Al SE 3/8"=1r-O, ® BARRIGE'COPPER COAT" STANDING SEAM ROOF 02 4".8"ALUMINUM I-BEAM SIMULATED RIDGE RAFTER. PAINT DARK BRONZE#41-313(MATTHEWS). 4'-3" ■ (D FASCIA PANEL,PAINT TO MATCH RED-BROWN#1807 2'-8„ (PMS). ® ALUMINUM CABINET.PAINT DARK BRONZE#41-313 12"8"1- 8( (MATTHEWS).DOUBLE BANK T-12 INTERNAL ILLUMINATION. O REVERSE PAN ALUMINUM TENANT PANEL.PAINT ,_, MEDIUM BRONZE#41-312(MATTHEWS).ROUTED FACES ■ WITH WHITE ACRYLIC PUSH THRU GRAPHICS. 0 ® CONCRETE CAP. 0 LEDGE STONE TO MATCH THE ARCHITECTURE. • -., ® ACCENT STRIPE.PAINT MEDIUM BRONZE#41-312 IIIIIIIIIIIIIIIIP (MATTHEWS). laing'IMF , TOTAL SQUARE FOOTAGE = 50.0 MO Cj ��. - M PIIIIIim - '4111111e, • ' a��alp 1 STtri m rumP vi '_ 4 L ti c t STREET END CENTER END tkit 50010-R9dr . . ‘ & i , , B1 WALL ENTRYWAY SIGN -.,:-..„-.--„, 1� t� („,-. . . ,,,., - ' -,,,,--,_:,../-,,r. 7 . ,3 `,,, 1.v • i v ,1". :V.•ii. ,rn''',' .. ...,.... '' .-1,41',4''''''': .r..,%-.,,,i4:!:,,,, ..,,.1,'it,,,,:ji'._.,', -.,,'..,-;-.' :„. _, -- - ' .,. ,. •.� .._fit.. „,,,r.,,„,.,,..,,,..,..,,»',`� ,,.f.. ,•:,,,,,,...,•:: ,,'''.1,,,::.°:::',..-'--''''' : ;>. •z .x ,,,,,,,u. ifttre, ,,::::„..,,,:,,...„., ..,„ Y p - Yc Y4 •_, ,.,,,,,,.......m.....,......„..,„:„...„.,,,,,_,..:..:......„,„„� e.,, 0 , .- - F ,, x ,, ,•,. .._ -- ,•n, Pix•- i l_t,, e r c� a ,,\ .. , t., :,?;rs. i`x `�',,,x„r< ;,, ,t,.+,., x y �• r z.,�r,� 7_ '� fir,`�'�� ,•;.�� � �•� � <� € '�-, - {R: ':��,�:",�s'r` - " y 7 ,�1� j� - „41.-:. lam- �-. .« _.: x *'} r• Y t >Y s +t ., a i t x P!'-',02r,,' -_,�y Y",S'..-_,,..- , - - ,,,s ,� .'+. .y f.'..'E 4 , :t,Y.= ' - -- .. .": .''"�'.�' .a Vit;.v •'.va..3.,r rw�,, ';',-'s:;,-,';:-,N4:',,,,,',..,;,*"' N.:1; i,,-, ....:.--, _4,3,—*:,... -e-:,:.;.40,,.. .,.., . K • - r. '''.,-;;V,,,itt,i',',-.:' -, .,P" .t2.-,:.° ''..i'_.:..' '..-.!-\Illi .)Fr'-*. E'F.''' Q x z 1 c t,� -Z.•sz + ar c v.,... si.~311,- r—itaim 4 0, ' ''44-,T,it--.711.-i .-;'-,,', ,:'•IcklriVrAi-`, '11/ ' L ''''''' — :, --fiV.H"t41.-.*:*41-- ' a L -- , . . ..,,,, ., ,..... 0 .. i: ' - PUMP VI litiC ar._ '-,--"--, ' ST ft! Ill . i -— ,*# , — - 4.1 -- '--„,,."-- '0111110,1001,,71,14'it'..,..-,!,-•-:gs,,,jet--,..7 —.....* ,ir.....a....e,..y .-,-<. ,„„.........---1.,,,,,,,,„,.....,,,,,,_,...„,i .. ,......c_41 . -, s 4.0---r_ + . nom' '- ; zs" x :.,,«.,�..,w.,ry�_ , "`ra+r.y �` i.� gi. , # ._ - , -fINiSH GRADE .. - «..' .+ -. + , ----r- CN X _ "" F7: ! �.`.�. 2 wW}`11F.ViWr•� .,R'ir�i� t 2 ;{ �'� y.GJ...f1 1,44,--„:„.44,21.,,,,,E .,,,,..2- �..� `4_ TYPICAL HALO ILLUMINATED ENTRYWAY SIGN B1 SPECIFICATION KEY 10 CEDAR DRY STACK LEDGE STONE BASE. Q CMU WALL W/STUCCO FINISH PAINTED DUNN- EDWARDS#DEC 721"SLOPES". 43 CLEAR PUSH THRU LETTERS WITH ALUMINUM FACES. PAINT THE FACES"RUST IRON PATINA". Q RACEWAY PAINTED TO MATCH WALL(SEE"B1 WALL ENTRY DISPLAY-PLAN VIEW"). ..- ST[ M I'UMI' .................... VILLf1 (.-- t in 5001O-R9dr „e B1 WALL ENTRYWAY SIGN PLAN VIEW 15'6" � STONE COLUMN ti"' /Wir C.M.U.WALL 11.....°$°;°1.°* _ STONE BASE RACEWAY PLAN VIEW- TYPICAL ENTRYWAY SIGN SCALE 114'=1'4.' �TfflM PUMP VILLtICf a . • • it t B2 CWALL ENTRYWAY SIGN .., ....,:„,,,,,, .. .. ........, ,, . ,, \. 4,,,,,, '--1,- , , ,,,,...,, ,,,,- -i ,..- .', . , s -- -,...,.. - -..... -- _ ,- ,041...— -. o -' .a !,,K,i �! s. A. , Y A., -,...,- ..: . , t. • .-ft 4-.1/4,1.7. ,-. ... -At m-,!..,1 . ,. .40...., 4. ,-- k -,tdN its r _ ...,v ,.,f.i., ,'; . r •I'L'Afe4 - ' .`—'0' 'ik, tstte*ry,..4;xe ' , ,,,,..., --.,* .., - . , „ ;,-:,,g,t ' *, * .. ,..,...,11-.,:, ..:. 4.. is _i ,1.,, 1, /.•12) - -- - Malt{ w t� Y a.`:1 ,v -A':it.-',. '",'... - "r,:t-' ' ' Yi.•ice � ,Y t `•_�.,.%rli - -' � -. ' . ....":".::,, , . ., ' ''''',I-I'.' -147-tst;i; .--f, •1,-- 9.- -.': , .:4 ' 11 46%1L"'"` - ., Are,,,:"'- ilk t ,,i2.... .7.1‘'` ''..4:79drotl:7-'1..,:k('-"::. .44'-,4:40.'''':.„:1..** —,':.rt.'':..',.i '' @ .L............: - ,- _ .. 4� s..' ~� t z - .V'it:r O `' sx. „. i t -t ST[IIM- .-... �Rr_r+6, 'Y czar .. a - . 3 C O w Y i••• a' •SAG b :. ti ,# it f ... t „, - I A.—at. E -....,, _ _ ..�.�. � :� FINISH GRADE • �?S-.f„,:cc,...-,7,,,,,, ,yy t 'Y w.wt.: V.`ik ,, F " S .•....c�u.is R ,�1`•.t I :.. .. x • tt .. - TYPICAL HALO ILLUMINATED LOW WALL ENTRYWAY SIGN B2SCALE 1/4"=1'0" SPECIFICATION KEY 0 CEDAR DRY STACK LEDGE STONE BASE. Q CMU WALL W/STUCCO FINISH PAINTED DUNN- EDWARDS#DEC 721"SLOPES". 0 CLEAR PUSH THRU LETTERS WITH ALUMINUM FACES. PAINT THE FACES"RUST IRON PATINA". Q RACEWAY PAINTED TO MATCH WALL(SEE"B1 WALL ENTRY DISPLAY-PLAN VIEW"). ._....._._......................... STf11MUM1 viLLtict 1:ii 50010-R9dr aesco 3 FOOT DIRECTIONAL SIGN 411.11.°4k‘ ,. 5., 4'-0" Jolt— TENAN '11 .. TENANT „aim O TENANT 0 ',41:1‘41b,4Y '`--- pie; ra y tom. SINGLE FACE DOUBLE FACE TYPICAL INTERNALLY ILLUMINATED DIRECTIONAL DISPLAY SCALE 3/4"=i'-0" SPECIFICATION KEY Q PAINT TO MATCH BARRIGE"COPPER COAT" STANDING SEAM ROOF. J ALUMINUM CABINET.PAINT DARK BRONZE#41-313 (MATTHEWS).T-12 INTERNAL ILLUMINATION. Q ROUTED FACES WITH WHITE ACRYLIC BACKUP. PAINT MEDIUM BRONZE#41-312(MATTHEWS). 0 SUPPORT COVER. LEDGE STONE TO MATCH THE ARCHITECTURE. SiffiM l'Ut11) VI LL-11Cf L:'J 50010-R7dr ye�o DIRECTORY 4`-6" r, 74 0 Tf�M PUMPVJEiflC DIRECTORY4 aumemm • � 0 w 0 O TYPICAL INTERNALLY ILLUMINATED DIRECTORY DISPLAY SCALE 3/4"=1'-0" SPECIFICATION KEY CD. ALUMINUM"I"BEAM TOP PAINT DARK BRONZE#41- 313(MATTHEWS). Q RECTANGULAR TUBE PAINT DARK BRONZE#41-313 (MATTHEWS). Q CLEAR ACRYLIC PUSH THRU LETTERS WITH BLACK OUTLINE AND ALUMINUM FACES FINISHED"RUSTED IRON PATINA'FINISH.INTERNAL ILLUMINATION. ® PAINT DARK BRONZE#41-313(MATTHEWS).WITH ROUTED LETTERS AND WHITE ACRYLIC BACKUP INTERNAL ILLUMINATION. Q CLEAR POLYCARBONATE WITH SECOND SURFACE GRAPHICS.INTERNAL ILLUMINATION. Q ALUMINUM SUPPORT COVER PAINTED''SLOPES" DUNN-EDWARDS#DEC 721. Q PAINT TO MATCH BARRIGE"COPPER COAT' STANDING (( {� frI 1 SEAM ROOF. 1 !t Q LEDGE STONE TO MATCH THE ARCHITECTURE. V I L 11 C Q CONCRETE PAD. 50010-R7dr Isco E DIRECTORY 3'-0 ISI O 111111:?Mr7r. 1�#84,1�T o gECOND4E9 ropy o Q TYPICAL NON ILLUMINATED BLADE SIGN SCALE 1 I/1"=1'0" ST[IM PUMP VILLIICf s0o,oaba, 7 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 3, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Conant, Senior Planner • RESOLUTION NO. (R) 0A RESOLUTION OF THE MAYOR AND TOWN SUBJECT. :� COUNCIL THAT IN THEIR OPINION A CONDOMINIUM HOTEL IS AN APPROPRIATE USE AT THE NORTHWEST CORNER OF VISTOSO HIGHLANDS DRIVE AND RANCHO VISTOSO BOULEVARD, THIS PROPERTY IS ZONED C-1 IN THE RANCHO VISTOSO PAD, PARCEL 219-20-004M BACKGROUND: The property in question is located on the northwest corner of Vistoso Highlands Drive and Rancho Vistoso Rancho Vistoso land use designation and has a of Community Commercial (C-1) (see attached location map) with regard to permitted uses. The Rancho Vistoso PAD provides within the C-1 District the following category: Other similar enterprises or business of the same class, which in the opinion of the Town Council is not more obnoxious or detrimental to the welfare of the community than the enterprises or businesses above enumerated. SUMMARY: The applicant requesting is re uestin that the Town Council determine that a "condominium hotel" is not any more obnoxious or detrimental than anyother land use listed within the district. Within the PAD- Community Commercial designation, a hotel or resort is permitted; however, a residential condominium is not. Description of project: The applicant wishes to build a condo-hotel on the property described in the background section of this report. This is a new concept in the hotel industryand according to the literature (attached) a condo-hotel may be defined as follows: A condo-hotel is like a time share in theory, where you pay to use a unit in a resort or the buyer hotel complex in a vacation spot. But with a condo , owns the p unit outright, rather than just buying a week or two of use each year like in a time share. And unlike a vacation home, where the owner is responsible for all maintenance, the company that owns the complex or resort hires a property manager to handle general maintenance of the property. The unit owner can then enter into a contract with the rental manager for maintenance and rental of the unit itself TOWN OF ORO VALLEY TOWN COUNCIL STAFF REPORT Page 2 The other difference — and perk — comes when the owner isn't using the unit. He or she can rent it out either directly or through the rental manager, and use the unit as an investment property. The other side is that the owner gets a vacation home, a mortgage-interest deduction if there is a mortgage on the unit and a rental-income stream. And he or she gets an equity stake in the complex or development where the unit is located. There is nothing stopping a person from buying a unit within such a complex and living full or part of the year there. Though the amount of time an owner spends in the unit may be limited by the CC&Rs and other agreements with the owners. Code Citations: The following definitions are used per the OVZCR as the Rancho Vistoso PAD does not define uses. Condominium: shall mean an estate in real property consisting of an undivided interest in common in a portion of said real property together with the right of exclusive occupancy of a unit located thereon. Dwelling Unit: a building, or portion of a building arranged, designed or used as living quarters, including bathroom and kitchen facilities, sleeping and living area, for a family. Hotel: shall mean an establishment that offers temporary lodging in rooms, for less than one month (30 days), that has interior corridor access to rooms, may include a restaurant and may contain accessory uses and services, including, without limitation, newsstands, gift shops, and similar incidental uses conducted within the principal building but excludes a"short-term rental property" as defined in this section. Short-Term Rental Property: shall mean a building(s) of a residential character other than a hotel or motel, compatible with the neighborhood, offering temporary lodging for less than one month (30 days). This use shall not create any impact greater than those existing in the residential district. This shall not include any of those properties held by a person who is not deemed to be in the rental business per Section 8 of the Town Code. The Rancho Vistoso PAD within the C-1 land use designation allows as a permitted use the following: "Motel or hotel, together with the following accessory uses located on the premises and having no exterior entrance closer than one hundred feet to a public street. a. Retail shops b. Personal services c. Recreational facilities d. Restaurant e. Beverage service" Analysis: The proposed project includes individually owned units that meet the above definitions of"dwelling units" and "condominiums". There are similar uses in the surrounding area. The Vistoso Golf Casitas, the Vistoso Resort Casitas and Trendwest's Worldmark project are all condominiums that have been designated as appropriate for F:\OV\OV12\2005\12-05-18\Reports\TC.RPT DETERMINATION.doc TOWN OF ORO VALLEY TOWN COUNCIL STAFF REPORT Page 3 short-term rentals. This is allowable with a conditional use permit in the PAD High Density Residential District. There is no such allowance for condominiums in the PAD C-1 District. The difference between this project and the above condominium projects, is that this project is developed with the same amenities and services as a hotel/resort. However, the applicant has indicated that nothing will prevent someone living full time in the unit purchased unless the owners decide to structure the CC&Rs to restrict stays. Thus, the project functions somewhere between a short-term rental condominium and a hotel/resort and, as mixture of the two, is not a clearly permitted use in the C-1 district. As noted above, for the condo-hotel to be permitted, the Council must make the determination that the use is no more obnoxious or detrimental than other allowed uses. For three reasons, the case can be made, for this site only, that the proposed use meets this criterion: 1. The proposed project will look and function as a suite-type hotel, an allowable use within the district. The only difference will be that at least some of the units will be sold to individuals/investors, who may chose to stay there for indeterminate periods of time. 2. The site in question is isolated by roadways to the east and south and is otherwise bordered by the Club at Vistoso Golf Course on the west and north. 3. There are other similar projects to the south and west and the site is just north and west of the Splendido project. If in the opinion of the Town Council a condominium hotel is an acceptable use on the parcel located on the northwest corner of Rancho Vistoso Boulevard and Vistoso Highlands Drive, it is the intent of the developer to submit the Development Plan for review by October, so that construction may begin in the first quarter of 2006. ECONOMIC DEVELOPMENT: The project will add resort quality lodging capacity in a location that is easy to develop and provide significant additional taxable retail sales and bed tax revenues. The current ownership approach allows for individual ownership of rooms that in most instances will be occupied infrequently thereby allowing the rooms to be offered as part of the hotel's rental capacity for the majority of the year. FACTORS FOR: 1. The site is an isolated C-1 parcel 2. Similar uses (hotels) are allowed within the C-1 district 3. The proposed use is similar to some of the surrounding uses and will not be any more detrimental to surrounding land uses than a hotel. 4. The determination will affect only the proposed site and project FACTORS AGAINST: None. F:\OV\OV12\2005\12-05-18\Reports\TC.RPT DETERMINATION.doc TOWN OF ORO VALLEY TOWN COUNCIL STAFF REPORT Page 4 SUGGESTED MOTIONS: The Town Council may wish to consider one of the following suggested motions: I move to adopt Resolution 05-56, that in the opinion of the Mayor and Council a condominium hotel is not more obnoxious or detrimental to the welfare of the community than the enterprises or businesses listed in the Community Commercial land use designation of the Rancho Vistoso PAD for parcel 219-20-004M only. OR I move to adopt Resolution 05- 56 , that in the opinion of the Mayor and Council a condominium hotel is not more obnoxious or detrimental to the welfare of the community than the enterprises or businesses listed in the Community Commercial land use designation of the Rancho Vistoso PAD for parcel 219-20-004M only, subject to the following conditions: • OR I move to deny Resolution 05-56, finding that: • Attachments: 1. Resolution (R)05-56 2. Location Map 3. Letter of Request 4. Condo Hotel literature 5. Preliminary Site Plan / A6 i - cc: Bill Walker, WLB, fax 881-5313 M460 Planni`!, • it limin. trator iLAa� Co I - it DevelopAik7 ector _.‘„tr_.„ _ Aing-,_ - , fi Town Manager F:\OV\OV12\2005\12-05-18\Reports\TC.RPT DETERMINATION.doc RESOLUTION NO. (R) 05-5 6 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY ARIZONA, OPINING THAT A CONDOMINIUM HOTEL IS A USE IN THE RANCHO VISTOSO COMMUNITY COMMERCIAL (C-1) LAND USE DESIGNATION FOR PARCEL 219-20-004M ONLY THAT IS NOT MORE OBNOXIOUS OR DETRIMENTAL TO THE WELFARE OF THE COMMUNITY THAN THE ENTERPRISES OR BUSINESSES LISTED IN THE COMMUNITY COMMERCIAL LAND USE DESIGNATION, LOCATED ON THE NORTHWEST CORNER OF VISTOSO HIGHLANDS DRIVE AND RANCHO VISTOSO BOULEVARD WHEREAS, the TOWN OF ORO VALLEY is a political subdivision of the State of Arizona, and is vested with all rights, privileges, benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the TOWN OF ORO VALLEY, adopted the Rancho Vistoso Planned Area Development (PAD) on July 29, 1987 by Ordinance (0) 157; and WHEREAS, The Rancho Vistoso PAD, Ordinance (0) 157 provides in the Community Commercial (C-1) land use designation that the Mayor and Town Council may allow: Other similar enterprises or business of the same class, which in the opinion of the Town Council is not more obnoxious or detrimental to the welfare of the community than the enterprises or businesses above enumerate in the C-1 District. WHEREAS, An opinion of the Mayor and Council has been requested by the WLB Group that a condominium hotel is not more obnoxious or detrimental to the welfare of the community than other enterprises or businesses within the C-1 District of the Rancho Vistoso PAD as applicable to Pima County Parcel No. 219-20-004M only: NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, that in the opinion of the Council a condominium hotel is not more obnoxious or detrimental to the welfare of the community than the enterprises or businesses listed in the C-1 District of the Rancho Vistoso Planned Area Development, for Parcel 219-20-004M only located on the northwest corner of Vistoso Highlands Drive and Rancho Vistoso Boulevard. PASSED AND ADOPTED by the Mayor and Town Council of Oro Valley, Arizona this 3rd day of August, 2005. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Q Q Z --.N . 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La Canada Drive Oro Valley, AZ 85737 Subject: Rancho Vistoso Boulevard—Vistoso Highlands Drive Condo-Hotel Project APN 219-20-004M WLB No. 185050- Dear Mr. Nodine: Thank you for your continued attention to this matter. The proposed condo-hotel project on Parcel 1 n_J ;s based on a new product configuration#kGL the resort hotel industry recently has found fiLV hr► IJ�i very popular. The basic premise is that individuals may actually purchase condominium-style units within a resort hotel complex rather than a more standard time-share arrangement. Unit owners have the opportunity to stay at the resort when they please andsublet the units fit(ring other times. A condo-hotel management company would be established to facilitate unit janitorial/maintenance contracts on individual units as well as to offer rental management services. We understand from your previous letters that while a resort hotel would be allowed within the C-1 district, such rental units are not specifically allowed although the PAD provides opportunity to present similar and compatible uses to the Town Council for consideration. Therefore, we respectfully request that this issue be submitted to the Town Council for interpretation and consideration. We believe a resort condo-hotel would be not only appropriate, but beneficial to the area. The nearby "Vistoso Golf Casitas", "Vistoso Resort Casitas", and Trendwest's Worldmark "The Club at Rancho Vistoso" are all similar projects in that they involve individual ownership of resort condo-style units. All three have experienced continued high demand and popularity, accentuating the appropriateness of the 10-J condo-hotel project proposal. In addition to boasting another destination project, the Town would benefit from tax revenues generated by the hotel and short-term visitors residing in the condos. A nearly identical project has recently been approved in Pima County. The"Canoa Ranch Lodge" concept was found to be not only a quality project, but also an excellent investment opportunity and thus a sound proposal because of the fractional interest ownership structure that would result in individual deeds and secured financing. The condo-hotel project put forth to you now is a similarly sound proposal. Naar t' t".r, til.�T:t.�,: `i 'i i r~"�;.Iq'!: r-{ 1�•� !.I,.r,,,.i= Engineering • Planning • Surveying • Urban Design • Landscape Architecture Offices located in Tucson, Phoenix, Las Vegas • E-mail: tucson@wlbgroup.com 4444 East Broadway • Tucson, Arizona 85711 • (520) 881-7480 • FAX (520) 881-7492 Bryant Nodine,AICP Rancho Vistoso Boulevard—Vistoso Highlands Drive Condo-Hotel Project June 23, 2005 Page 2 T e ) L :27Zrour) Inc. Lastly,the C-1 district within the Rancho Vistoso PAD allows"other similar enterprise or business of the same class,which in the opinion of the Town Council is not more obnoxious or detrimental to the welfare of the community"than other uses permitted within the district. We would hasten to suggest that a resort condo-hotel would not be at all obnoxious or detrimental,and would certainly be less so than many of the other uses permitted in the C-1 district. We understand from discussions with you that this project fits very well with the Town's goals and is the type of development that you encourage. As such, we hope this zoning interpretation can be accomplished in the manner described above so that we can proceed with this exciting project. Please feel free to contact me should you wish to discuss this further. Sincerely, _r. THE VYLB GROUP, INC. , /Wig e/fir William C. Walker Principal Copy: David Williamson Frank Thomson File 7 J3O2Th T e Engineering • Planning 1VLB Surveying • Urban Design UroupLandscape Architecture c. June 29, 2005 Robert M. Conant, Jr. Senior Planner Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Subject: Rancho Vistoso Boulevard —Vistoso Highlands Drive Condo-Hotel Project APN 219-20-004M WLB No. 185050-A-029 Dear Mr. Conant: Thank you for your letter dated June 24 responding to our request for Town Council determination for the above referenced project. To address your further questions and requests for additional information, we offer the following: •:• "Describe what a condo-hotel is and how it operates." ➢ Enclosed with this letter is an information packet that offers additional information about the proposed condo-hotel use. This packet was assembled from materials relating to the similar condo-hotel project approved in Canoa Ranch. ❖ "Describe how it fits within one of the land uses for C-1 within the Rancho Vistoso PAD." ➢ Permitted use #14 of the C-1 district within the Rancho Vistoso PAD is a motel or hotel together with several allowable accessory uses. Permitted use #109 is other similar enterprise or business of the same class, which in the opinion of the Town Council is not more obnoxious or detrimental to the welfare of the community than other permitted uses. The proposed condo-hotel, including all condo units, will be managed and operated as a hotel. Registration/check-in/check-out,concierge, housekeeping and rental services for the individually and fractionally owned conrin units will hP handler/ by the hotel management entity. Because of this ownership/management structure we believe that the proposed condo-hotel is essentially a resort style hotel and thus fits within the allowable hotel use of the C-1 district. Engineering • Planning • Surveying • Urban Design • Landscape Architecture Offices located in Tucson, Phoenix, Las Vegas s E-mail: tucson@wlbgroup .com 4444 East Broadway = Tucson, Arizona 85711 • (520) 881-7480 • FAX (520) 881-7492 Robert M. Conant, Jr. Rancho Vistoso Boulevard—Vistoso Highlands Drive Condo-Hotel Project June 29, 2005 Page 2 The WLB Group Inc. ❖ "Further describe the economic benefits to the Town if the project is developed." ➢ The proposed condo-hotel will generate sales tax revenue from restaurant/shop/spa uses within the main hotel facility. Such services will be available to the general public as well as to people residing in the condo units. Bed tax revenue will also be generated from the rental of the condo units. Both tax revenue streams will be continuous and long-term. At the beginning of the project, the Town will also collect substantial review and permitting fees. Should it become necessary, we would be willing to generate a brief economic impact assessment to provide a more detailed estimate of the economic impacts of the proposed condo-hotel. ❖ "Describe and provide the Town with the determination made by either the Pima County Zoning Administrator and/or the Board of Supervisors on the project currently under construction at Canoa Ranch in Green Valley." Also enclosed with this letter are several documents frnm the approval of the Canoa Ranch project in Pima County. Among them are the staff report, approval letter, agenda item summary, and hearing minutes. You will find more details about the proposed condo-hotel use as well as insight into the County's rationale for supporting the project. In addition to the materials described above, we have included with this letter copies of recent correspondence with yourself and Mr. Nodine regarding this project. We believe that this project fits very well with the Town's goals and is the type of development that is and should be encouraged. As such, we hope this zoning interpretation can more forward and be considered at the August 3rd Town Council hearing. Please feel free to contact me should you wish to discuss this further. Sincerely, THE WLB GROUP, INC. - 1 illiam C. Walker Principal Copy: Bryant Nodine, AICP David Williamson Frank Thomson Now File -;; ! - tt,; 7, 1 t-, i ;"1�'.li�s:��i.'i.'.:�i.�:i 1 i !,l_ [1 M RealEstatei ournal i Yrint-r rlenaIy crsi rtS.d' jr,g v s4l� a1J S and a MI le gossip about 04 the e d 2004 election season? stmo $+r0eir br.:Set ♦lu„ '1 vx' Y,•. .'' E jateJouriial , ) jj L 111:: fr; f . ivat.C' }A•., w. di `.. y� sem,. C #'_L f � „. ,'SIC'• WALL STREET JOIJ1tAL7 3 uide to Property Print Window Close Window Purchase a Condo Unit 09,07,2004 In '4four favorite Hotel By RAY A.SMITH Staff Reporter of The Walt Street Journal From The Wall Street Journal Online Here's a creative way to own a vacation home and earn rental income when you're not using it: the condominium hotel. Condo hotels, also known as condotels, are a burgeoning idea in the real-estate industry that combines __c_ti_+ h/�me ownership and real-estate investing -- two hot trends.They are usually higher-end ` vacation-home ld��u��ado ownership suites found in hotels, resorts or condo buildings. Investors can generally find furnished condos v• hotel condo-hotel units for sale in newspaper ads or through real-estate brokers. . or complex in a ac condo hotel is like a time share in theory, where you pay to use a unit in a resort in vacation spot. But week with a condo hotel, the buyer owns the unit outright, rather than just buying eachyear like in a time share. And unlike a vacation home, where the owner is or two of use � ,,. 4 hires a property for all maintenance, the company that owns the complex orresort a P P responsible o manager to handle general maintenance of the property. The unit owner can then enter into a contract with a rental manager for maintenance and rental of the unit itself. comes when the owner isn't using the unit. He or she can rent it out, The other difference and perk-- either directly or through the rental manager, and use the unit as an investment property. The upside: The owner gets a vacation home, a mortgage-interest deduction if there is a mortgage on the unit and rental income stream. And he or she gets an equity stake in the complex or development where the unit is located. There are, however, a few things investors should think about before buying. For starters, they tend to 11 startingat $250,000. And mortgages can be a little tougher to get be expensive, with prices generallyt "it's considered investment property, so a condo- hotelthan on standard vacation homes. That's because says Robert]. Webb, a senior purchase requires a larger deposit and a higher interest rate," y partner in the hospitality practice of law firm Baker& Hostetler LLP of Cleveland. "For the most parttt you're depending on the money derived from the rental program in order to make the purchase work, he says. There are other costs, such as condo-association fees, which include property-management fees that pay for the upkeep of the entire property, as well as rental-management fees and expenses. p p Sometimes, the rental-management fees and expenses are deducted from the rental income that the nt.as ?url=h %3 A.1/v��w.real estate,ourn... 10/1/04 http :I/v�r��w.realestate•�ournai.comlformslprintConte p ttP RealEstateJournal I Print-Friendly 1 "5" rental manager sends the owner, Mr. Webb says. This is all on top of the normal costs of home ownership, which include property taxes, insurance and capital improvements. Insurance could be an issue because carriers may be concerned about the amount of time the owner isn't using the property, especially if the rental manager -- and not the owner -- is renting the unit out. Some insurers mayconsider the use of a rental manager to be an additional risk because they don't have a relationship with that party. Another thing to consider is taxes. Owners will have to pay income taxes on rental income they earn from the property -- if it's rented for more than two weeks. And Jason M. Morley, a certified financial planner based in Bohemia, N.Y., notes that if the condo-hotel unit is in an actual hotel, sales taxes may be charged on residents and the unit owner would have to file sales-tax returns. Print Window Close Window Looking analysis,c rnmLn`lu 7,tS 4p7H tV # tit sand a l ii.l.le gossip�a abGi r si r bid the`004 election sea )n i Muldi http•/lv�iww.realestat � p e'ournal.comlforms/ rintContent.asp?url=http%3 A/lw .realestatej ourn... 10/1/04 . _ i' , What Is A he hotel industry buzzword of the year must be"condo-hotel." cases, income tax benefits.This type of condo-hotel typically is While everyone seems to be doing some type of condo-hotel located in leisure destinations. project, i have found there is no consensus as to exactly what a condo-hotel actually is.i can think of at least three different and very Westin Grand,Vancouver distinct definitions and product types for the term "condo-hotel." The Westin Grand Hotel in downtown Vancouver. Canada. is Unfortunately, hotel industry players use this term indiscriminately, referred to as a condo-hotel because each hotel room is a sepa- which creates much confusion and misunderstandings.My column rate condominium that has been sold to an individual investor. this month will attempt to provide a uniform definition for the term Room revenue generated from the rental of the guestrooms is put condo-hotel by utilizing the following three examples: into a rental pool and divided among the condominium owners based on a usage formula. Unlike the previous residential condo The Ritz-Carlton,Boston examples,these units look like regular hotel guestrooms—without The new Ritz-Carlton in Boston is often referred to as a condo- kitchens and extensive living areas.To the transient guest. the hotel because it contains a number of residential condominium Westin is a normal hotel. units housed in the same building as the hotel.Most of these units The owners of this type of condominium are looking primarily were sold to people who wanted a primary residence in the cen- for a return on their investment rather than a place to stay.In some ter of Boston where they could utilize some of the services pro- instances, they structure their ownership as a business and take vided by the hotel, such as catering, spa and housekeeping.The advantage of depreciation and other tax advantages.The condo- residential condominium units are apartments containing sepa- hotel developer benefits by having an immediate(and often lucre- rate living and sleeping rooms and full kitchens.They utilize a sep- live) exit strategy by selling the hotel units to investors at prices arate entrance, lobby area and elevators from the hotel. that oflen exceed what can be raised though limited partnerships. The hotel benefits from the residential component through the This type of hotel can be located almost anywhere. sale of hotel services along with a higher usage of the restaurant. Well there you have it--three examples of how the term lounge and spa facilities.The synergistic effect of a hotel/residen- "condo-hotel"is often misused.Let me'propose the following solu- tial condominium typically enables the developer to sell the con- tion to this definitional nightmare_ dominiums at prices 10%to 30% higher than residential projects The term"condo-hotel"will be applied to the type of hotel own- without a hotel component. Since this type of hotel/residential ership structure described in the Westin Grand Hotel in Vancou- development is aimed at the primary homebuyer, there is usually ver.Since the hotel itself has been"condominiumized"rather than not a rental pool program where the condominium owner allows just the adjacent residential component, this is the most logical the hotel to rent their unit to transient guests and split the room application of the term condo-hotel. revenue with the owner.This type of condo-hotel typically is locat- I would call the hotel described in the Ritz-Carlton Boston as a ed in city center and residential communities. "hotel with a primary residence condominium component,"usual- ly without a rental pool. In this example, the hotel component The Ritz-Carlton,Key Biscayne would be owned in its entirety rather than as separate condornini- The Ritz-Carlton in Key Biscayne, Florida, often is referred to um units sold to individual investors. as a condo-hole)because it contains a number of residential con- The Ritz-Carlton in Key Biscayne would be called a"hotel with dominium units housed in an adjacent building to the hotel.Unlike a secondary residence condominium component.' usually with a the Ritz-Carlton in Boston, these condominiums were sold as rental pool.As with the Ritz-Carlton in Boston, the hotel compo- vacation homes to buyers desiring to utilize them as secondary nent would be owned in its entirety rather than as separate con- residences during the winter for one to four months. When the dominium units sold to individual investors. owners are not occupying their units, they can be put into rental Of course, there could be different permutations of these struc- pool and rented to transient guests by the hotel.The room revenue tures that could blur these definitions.But this is a good start.and I is typically split 50-50 between the hotel and condominium owner. would appreciate hearing from anyone who might have suggestions The residential component contains apartments with separate for improving my first attempt.I look forward to your e-mails. living and sleeping rooms and full kitchens. Because these units ee _... need to be rented as hotel rooves,they are usually fully integrated i = -- � ;;;:;- By Stephen Rushmore,MAI.ChA,president and within the hotel complex.The hotel benefits from this arrangement :." :� faJnder of N'wS Unemotional.c�?global!TC?c�!consulting because it increases its inventory of rooms to sell without the cap- �- i . ��� � firm KO)offices New York.Mranzi. Denver.San Fran- ital investment risk.The unit ov ner benefits from the services pro- t y4: >Lrt cisco.Vancouver.11.&t'xico City Larydon New D'1'r;Sao vided by the hotel, which often includes the pool and other recre- -` -�=: 4, Paulo,Singapore,Sydney and Toronto,Mr,Rushmore ational facilities along with the rental pool income and, in some . _.� at can contacted 1.516.248.8898. ;=Xt.204. 28 - HOTELS• No er1?bor 2004 • EMPLOYEE APPLICATION FOR POSTED VACANCY Name: Dept.: I am interested in applying for the position of: I feel that I meet the minimum stated qualifications for the position because: This position will help me meet my personal career goals by: Additional comments: Signature Date Z EMPLOYEE NAME: a 6212Wrii DEPARTMENT: .1 i4 -/e-F-1. 1 � EFFECTIVE DATE OF ACTION: 7 �z915 PAYROLL NUMBER: TYPE OF ACTION: Rillew Hire 'ehire Li Change of Status El Separation Salary/PayChangeElLeave of Absense LI Other(See Comments) ❑ ......<......... }:4:iii:;:+}�`,'i:::`v`iJ�?ii:�<::::(%'' ................ .......................:::::::::::.::::::�:::::::.�:.::::•:::::::.�:::•:.�:: �:.: •:::; 'r ...:ii:�{:?:�: ..::, :...:::::���'� :��t :.�:.. -.:�::'-�>i':' .-...:�:{:}:!:.:'i�S::{{::':-i':i:�{?:j Y.}:}='......... :_}i..._...,:,.,.; ............................... :.::::=:�:::- �:?2::;>iii:i::i;:ii.':=::::t:iiiii:diiii:�:::::i:;2::ii:::;:::i:;;%::'l•:;:;:i5:;< '• ;tt � .... ::..:::............................................... 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O , „.- . , ..tk\ - _ \ ii...... ...„ , • rt. -,'' , c? r't." -itt — ..,- „it . ;,, F ° R • 3 i ' iv ,e' A $ 1 %, , -,,,,,,,,,,,/,2\ l p - ,.. Cr ,, . ,.. ., ,...'---v ... . ,- . :, ,.., , . , . .,-,,..,,,,, cin n ' - :,L. ° u--0 R, ... !` 'I I d n �i O ! '. ., N /-4,, it , .t. ,,e..// 4 :� V:cTv;* r: T// ti ` 1 Ili' 44* ik / 'Al ., TOWN OF ORO VALLEY S COUNCIL COMMUNICATION MEETING DATE: August 3, 2005 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ. ProposedLeague Lea ue of Arizona Cities and Towns Resolutions SUMMARY: Continued from the July meeting,2005 meetin , attached are proposed resolutions for the League of Arizona Cities and Towns discussion at tonight's meeting. Pursuant to the attached correspondence from the League of Arizona Cities & Towns June 22, 2005, Mayor Paul Loomis was once again appointed as a ("League") datedY League Resolutions Committee. This committee is responsible for member of the , policyfor review bythe Resolutions Committee at the League's developing municipal Annual Conference in September. The submission of resolutions must be received at the League g Office by August 22nd in order to be heard duringthe Resolutions Committee meeting, which is scheduled for September 20th in Mesa. A second Resolutions Committee meeting will then be held on October 28th where the resolutions will be formally adopted and the Chairman of the Resolutions Committee will report the adopted resolutions to the Executive Committee at the quarterly Executive Committee meeting. Last year, the Town sponsored of Oro Valleys onsored (or co-sponsored) two resolutions that were not successful during the 2005 legislative session, the Town of Oro Valley would like to bring these Resolutions forward again because they merit additional attention during the 2006 session. In addition to the two previous Resolutions, the Town would like to introduce another Resolution relating to medical liability insurance caps. Resolution (a) (Child Restraint System) proposed Attached a is resolution for the Council to review relating to the requirementeightyears of children and younger to be transported in an appropriate child restraint system or belt positioning booster seat. Following review and action bythe Council, this approved resolution, which is co- for co- sponsored bythe City of Tucson, would be forwarded to the League p consideration. FACTOR FOR RESOLUTION (a): Improve safety environment for children ages 5-7 since the National Safe Kids campaign has demonstrated that the belt-positioning booster seats reduce injuries by 59% in comparison to the adult safety belts. FACTOR AGAINST RESOLUTION (a): None Resolution (b) (Primary Enforcement for Seat Belt Violations) Attached is aP roposed resolution for the Council to review relating to law enforcement officers stopping a vehicle for vehicle restraint violations, or more specifically, "primary enforcement," which means law enforcement may stop vehicles sole)Y for seat belt law violations. Following review and action by the Council, this approved resolution, which is co-sponsored by the City of Tucson, would be forwarded to the League for consideration. FACTOR FOR RESOLUTION (b): Encourage motorists to consistently wear seat belts protection to ensure the public safety of the community. FACTOR AGAINST RESOLUTION (b): None Resolution (c) (Health Care Reform) In accordance with the League's policy for submission of resolutions, attached is aro osed resolution for the Council to review. The proposed resolution relates p p to legislative changes that would alleviate the negative impact of rising health g care benefits upon local governments that provide their employees (and p employee's dependants) with health care insurance which those costs are paid for bY p the municipality and hence local taxpayers. The Town is requesting the Town of Sahuarita's co-sponsorship of this resolution. FACTOR FOR RESOLUTION (c): Ensures health care reform which would help alleviate the negative impact of rising health care benefits upon local governments. FACTOR AGAINST RESOLUTION (c): None ATTACHMENTS: 1. Town of Oro Valley's proposed League of Arizona Cities and Towns resolution relating to the requirement of children eight years and younger to be transported in an appropriate child restraint system or belt positioning booster seat. 2. Town of Oro Valley's proposed League of Arizona Cities and Towns resolution relating to law enforcement officers stopping a vehicle for vehicle restraint violations, or more specifically, "primary enforcement," which means law enforcement may stop vehicles solely for seat belt law violations 3. Town of Oro Valley's proposed League of Arizona Cities and Towns resolution ensuring health care reform which would help alleviate the negative impact of rising health care benefits upon local governments. 4. June 22, 2005 correspondence from the League of Arizona Cities & Towns relating to the resolution process SUGGESTED MOTION: I move to approve the proposed League of Arizona Cities and Towns resolutions relating to: a) law enforcement officers stopping a vehicle for vehicle restraint violations, or more specifically, "primary enforcement," which means law enforcement may stop vehicles solely for seat belt law violations; AND b) the requirement of children eight years and younger to be transported in an appropriate child restraint system or belt positioning booster; AND c) health care reform which would help alleviate the negative impact of rising health care benefits upon local governments. 461 Chuck Sweet, Town Manager Resolution (a) Child Restraint System LEAGUE OF ARIZONA CITIES AND TOWNS 2006 RESOLUTION Urges the State Legislature to enable cities and towns to require children 8 years of age and under to be transported in an appropriate child restraint system or belt positioning booster seat. Submitted: Town of Oro Valley and City of Tucson A. Purpose and Effect of Resolution Currently, no mechanism exists through which municipalities can supplement the State laws governing the safety of children in vehicles. ARS 28-907 requires the use of restraint systems (car seats) for children under the age of five and sets a fine $50 per violation as a primary offense. This violation can be waived upon proof that a restraint system has been obtained. ARS 28-909 requires that all children under the age of 16 be restrained with a seat belt that is "properly adjusted and fastened." ARS 28-909 does not permit law enforcement to stop a vehicle for this violation unless the vehicle has committed some other violation. The fine for having an unrestrained or improperly restrained occupant under the age of 16 is only $10.00. Pursuant to ARS 28-907,the additional language requested by this resolution would allow municipalities to require the use of belt positioning booster seats or appropriate child passenger restraint systems in vehicles to be extended for children under 5 years of age to children 8 years of age and younger. This resolution urges: Equivalent fines for belt positioning booster violations under ARS 28- 907 r Allow for waivers of the fines to first time offenders who have provided documentation of child passenger safety education and installation of an appropriate restraint system or belt positioning booster seat To make the failure to use a belt positioning booster sear or child restraint system that does not meet the Federal Motor Vehicles Safety Standards set forth in 49 CFR 571.213 a primary offense for children 8 years of age or younger The National Highway Traffic Safety Administration conducted a national study of misused child restraints in which the City of Tucson represented the State of Arizona. The study collected date of restraint and safety belt use among children approximately 9 years of age and younger. The national data revealed that of the nearly 5500 children studied across six states under the age of 9, 26% were inappropriately restrained in seat belts, and 12.6%were completely unrestrained. The data collected specific to Tucson on approximately 1000 children showed that approximately 28%were inappropriately restrained in vehicle seat belts and 21% were completely unrestrained. The National Safety Kids campaign states that use of belt positioning booster seats lower the risk of injury to children by 59% compared to the use of adult safety belts. Adult safety belts do not adequately protect children 8 years of age and young in a crash. It is estimated that 83% of children ages 4-8 ride improperly restrained in adult safety belts. Although belt positioning booster seats are the best way to protect children between 5-8 years of age, only 19% of this age group is restrained in this manner. Even though data from 1987-2002 shows there has been a decline in the percentage of fatality rates in motor vehicle crashes for some age groups, there has only been a decline in fatality rates of 1% for children between the ages 5-9 during this same time period. This is due to the improper fit of vehicle seat belts for children of this age. In addition to the cost of human life, these deaths and injuries exceed $36 billion annually in medical and insurance costs. It is estimated that for every dollar spent on a child safety seat saves $32.00 in health care costs. Enabling municipalities to require and enforce these provisions as a primary offense for children 8 years of age and younger should prove to be the most effective way to minimize injuries and fatalities among children in motor vehicle crashes. B. Relevance to Municipal Policy The change in state law urged by this resolution will broaden the powers of local government related to protecting the health and safety of the residents of Oro Valley. C. Importance of Resolution to Your City or Town The Town of Oro Valley is a leader in the development of traffic and transportation safety. The Town has been actively engaged in improving child safety and injury prevention for many years. Currently, the State of Arizona has no such ordinance to properly protect children between the age of 5 and 8. The Arizona Department of Transportation has indicated that it is supportive of this measure. D. Fiscal Impact to Cities and Towns There is not expected to be any direct impact as a result of the proposed changes to state law. Depending on the specific language of each municipality's ordinance, there may be additional fees that can be collected or there may be costs associated with providing education or equipment to the public. The fees may be waived upon completion and documentation of child passenger safety education and the installation of an appropriate restraint system or belt positioning booster seat. Any costs would be at the discretion of the municipality that may take advantage of the change. It is likely that cities and towns may experience reduced pressures on emergency responders as a result of the improved conditions of motor vehicle crash victims. E. Fiscal Impact to the State There is no anticipated fiscal impact to the general fund associated with this legislation. Resolution (b) Primary Enforcement for Seat Belt Violations LEAGUE OF ARIZONA CITIES AND TOWNS 2006 RESOLUTION Urges Legislature the State Le �slature to enable cities and towns to allow `primary enforcement" so that law enforcement may stop vehicles solely for seat belt law violations. Submitted: Town of Oro Valley and City of Tucson A. Purpose and Effect of Resolution Currently, law enforcement may stop or issue a seat belt violation citation to a person operating a motor vehicle for a violation of Arizona Revised Statute(ARS) p g 28-909 if the officer has reasonable cause to believe there is another alleged violation of a motor vehicle law of this state. ARS § 28-909 requires that each front seat occupant of a motor vehicle, which is in compliance with the federal motor vehicle safety standards prescribed in 49 Code of Federal Regulations § 571.208 shall have a lap and shoulder belt, or only lap belt, properly adjusted and fastened while the vehicle is in motion as well as require each passenger under sixteeny ears of age to properly adjust and fasten the belt(s)while the vehicle is in motion. If ap erson is found responsible for a civil traffic violation under ARS § 28-909, thep erson is subject to a maximum civil penalty of ten dollars for each violation. In addition, this violation would not be considered a contributing factor to determine whether the person's driver's license would be suspended or revoked. The additional language requested by this resolution would allow "primary enforcement" by law enforcement officers to stop vehicles solely for seat belt law violations. The additional language also imposes a fine up to fifty dollars or assignment of two points to the operator's record. The National Highway Traffic Safety Administration conducted a study that noted o 90% an increase in the national seat belt use rate from 68%to would save more than 5,500 lives and prevent approximately 132,000 injuries leading to an approximate savings of$8.8 billion each year. Although there has been a national increase in use of seat belts from 11% in 1980 to 73% in 2001, law enforcement efforts andublic awareness campaigns have not touched nearly 60% of those p killed in motor vehicle crashes in 2001 who were not wearing seat belts. The National Conference of State Legislatures reports that seat belt use is the most effective way to prevent injuries and deaths from motor vehicle crashes. In the states that havep rimary seat belt enforcement laws, seat belt use is approximately 17% higher than in the states that have secondary enforcement laws. B. Relevance to Municipal Policy The change in state law urged by this resolution will broaden the powers of local government related to protecting the health and safety of the residents of Oro Valley. C. Importance of Resolution to Your City or Town The Town of Oro Valley has committed to several campaigns to increase public awareness surrounding seat belts. Nationwide, approximately nineteen states haverima enforcement. In Arizona, safety belt enforcement is secondary. p �' The Arizona Governor's Office of Highway Safety has indicated that it is supportive of this measure. D. Fiscal Impact to Cities and Towns There is not expected to be any direct impact as a result of the proposed changes to state law. Depending on the specific language of each municipality's ordinance, there may be additional fees that can be collected. Any costs would be at the discretion of the municipality that may take advantage of the change. It is likely that cities and towns may experience reduced pressures on emergency responders as a result of the improved conditions of motor vehicle crash victims. E. Fiscal Impact to the State There is no anticipated fiscal impact to the general fund associated with this legislation. LEAGUE OF ARIZONA CITIES AND TOWNS 2006 RESOLUTION Urges the State Legislature to make as one o�f its highest priorities to obtain health care reform in order to retain, and attract, specialty physicians to Arizona's cities and towns so that all Arizonans have access to adequate health care. Submitted: Town of Oro Valley and (tentatively) Town of Sahuarita A. Purpose and Effect of Resolution The purpose of this resolution is to make legislative changes to Arizona State law in order to create a more positive environment to retain, or attract, specialty physicians and health care professionals to the State of Arizona. As a result of escalating employee health insurance costs, local funding for health care benefits is becoming more difficult. Restructuring the health care system through comprehensive health care reform will ensure that every Arizonan can obtain adequate health care coverage. B. Relevance to Municipal Policy The change in state law urged by this resolution will empower the Arizona cities and towns to provide for the health, safety, and welfare necessary to their community. This resolution will enhance the opportunity of all Arizona cities and towns to retain medical expertise which serves the citizens of local communities and improves the medical service industry throughout all incorporated cities and towns. Businesses seeking relocation or retention in a community consider the quality of health care as a determinant factor in their decisions to remain or move to a particular community. Therefore, the vitality of a community's economic development is dependant upon the availability of quality health care. Because the quality of life in every Arizona city and town revolves around the health, safety, and welfare of the community, a municipality's ability to assure quality health care, by retaining medical expertise, is a major factor to local government. This resolution will also further the objective of local control by containing the escalating costs of health insurance premiums for the growing population of the employees of Arizona's cities and towns. C. Importance of Resolution to Your City or Town It is critical to the Town of Oro Valley that this resolution go to the legislature this year because of the flight of excellent specialty physicians occurring at an alarming rate over the past several years. There is steady increase of Arizona physicians who are retiring early, leaving the State, or leaving the practice of medicine altogether due to the increasing liability and insurance costs. The State of Arizona is now considered by the medical profession as a"state in crisis" with respect to this issue. Now is the time to stop the bleeding. The health care crisis is no longer a crisis for just the uninsured and under-insured, but a crisis threatening the ability of local governments to continue to provide quality health care benefits. The Town of Oro Valley, as many other Arizona cities or towns, shoulder employer-paid health insurance costs which are being exacerbated by the declining number of physicians and the ever-increasing population in Oro Valley as well as throughout the state. Further, with the recent completion of the state- of-the-art Northwest Medical Center - Oro Valley, the Town is eager to be able to retain the access of quality health care. B. Fiscal Impact to Cities and Towns Health insurancep remiums continue to escalate annually which is compounded by the reduced number of qualified Arizona physicians. Due to these steady increases, municipalities are negatively impacted since all local governments provide their employees (and employee's dependants)with health care insurance with a substantial majority of the costs paid for by the municipality and hence local taxpayers. This is a crisis threatening the ability of local governments to continue to provide health care coverage to their employees. The National League of Cities and Towns has conducted surveys which confirm that "employee health benefits" continually top the list of negative impacts upon a municipality's budget. It is difficult to predict the insurance cost savings that could be obtained if this change is made to Arizona state law. It took many years for Arizona to reach a health care crisis situation and it could take several years before municipalities would experience the cost containment effects on medical insurance and health care premiums due to positive changes in State law. E. Fiscal Impact to the State There is a considerable fiscal impact to the general fund associated with this legislation because businesses are less inclined to locate in a state where the access to medical care is compromised. Arizona has become an "island" in the sense that all neighboring states have enacted legislation to improve their medical climate. Escalating health care costs can be attributed in part by high medical liability costs for some specialties. These areas of specialties that are most threatened by high medical liability costs are OB/GYN, Pediatric Surgeons, Pediatricians, Neurosurgeons, and Orthopedic Surgeons. UA Pain Clinic closing in October I Arizona Daily Star ® Page 1 of 2 Arizona Dam Star tr www. ailystar.cor www.azstarne#,Cor Published:07.28.2005 UA Pain Clinic closingin O Sufferers must scramble to get new doctors By Carla McClain ARIZONA DAILY STAR In a surprise move, the University of Arizona Pain Clinic is preparing to close, leaving hundreds of patients scrambling to find new doctors in a city already plagued by a shortage of pain specialists. "There are so many chronic-pain patients in Tucson who depend on this clinic and these doctors, and we're suddenly told we have to find care somewhere else. It's been a real shock," said Marsha Crawford, who has battled severe pelvic pain, linked to previous surgery, for years. "It's not easy to find a new doctor in Tucson - it can take four to six weeks to get in as a new patient - and most pain patients can't wait that long." The first hint of problems at the 8-year-old clinic came just weeks ago, when a letter dated July 1 notified patients that the clinic's director, Dr. Kutaiba Tabbaa, had left Tucson and his patients would have to seek new doctors. Ten days later, a second letter to patients stated the clinic was closing due to "unexpected" staffing changes, as of October. Until then, it will remain open two days a week under Dr. Brian Cammarata, while patients are transferred to other care. However, there are plans to reopen the clinic as soon as new physicians are recruited to run it, University Physicians Healthcare officials said. "We do intend to open again," said Norm Botsford, UPH chief executive officer. "In the meantime, we know a lot of pain patients have been caught off-guard, and we're doing all we can to get new physicians for them." During the past year, the UA Pain Clinic logged more than 5,800 patient procedures and outpatient visits, and is estimated to treat 750 chronic-pain patients who require ongoing care, UPH records show. That amounts to about 20 percent of total pain-patient volume in Tucson, other physicians estimated. The clinic's closing, and Tabbaa's exit, leaves about a dozen pain specialists to treat all of Southern Arizona. "We were already operating under a shortage of pain doctors in town, and to lose the UA clinic - well, we are very busy," said Dr. Kenneth Gossler, a pain specialist at Southern Arizona Anesthesia, where he sees 15 to 20 patients a day, with 200 new patient referrals a month. "We've gotten quite a lot of calls (from UA patients), but we've had to turn a lot away because of some issues they have. We're trying to schedule as many of the straightforward patients as we can." By "straightforward," Gossler means patients who need short-term intervention to stabilize pain and then can return to primary-care doctors. His practice doesn't treat chronic-pain patients who require long-term narcotic painkillers or other potent drugs. "When you deal with chronic-pain patients, it's a challenge. They are difficult patients," Gossler said. Many doctors are reluctant to get into the business of prescribing narcotic painkillers, in the face of widespread street abuse of such drugs as OxyContin and after a series of high-profile prosecutions of doctors for overprescribing these drugs. Former Tucson pain specialist Dr. Jeri Hassman is serving two years' probation and has lost her privilege to http://www.dailystar.comidailystar/printDS/86170.php 7/29/2005 TA Pain Clinic closing in October l Arizona Daily Star® Page 2 of 2 prescribe controlled drugs after pleading guilty to several charges involving her failure to report patient abuse of narcotics. "There is a big street demand for these drugs, and often dealers or addicts will disguise themselves as patients in your clinic, when they are really drug abusers," said Dr. Jane Orient, a past president of the Pima County Medical Society, who protested Hassman's prosecution. "So, it can be very dangerous for doctors in this specialty. They have to somehow detect which patients are lying and which patients are in true pain. You can't rely on a sense of trust of the patient." The UA Pain Clinic did treat hundreds of chronic-pain patients, which also can be a drain on profits. The word in Tucson medical circles is that Tabbaa left the UA because he was having trouble meeting financial goals set by UPH, Gossler said. Botsford, at UPH, said only that Tabbaa "left of his own free will ... for personal reasons," and has moved to Cleveland, where extended-family members live. Efforts to contact Tabbaa were unsuccessful. Meanwhile, Crawford said her search for a new specialist has been hard. "I'm back with my primary-care doctor," she said. "We have to start all over to try to find somebody." •Contact reporter Carla McClain at 806-7754 or at cmcclain@azstarnet.com. All content copyright 0 1999-2005 AzStarNet, Arizona Daily Star and its wire services and suppliers and may not be republished without permission. All rights reserved. Any copying, redistribution, or retransmission of any of the contents of this service without the expressed written consent of Arizona Daily Star or AzStarNet is prohibited. http://wwww.dailystar.com/dailystar/printDS/86170.php 7/29/2005 . . .. . . _,S . . League of Arizona „. __. -. , a 1820\V Washington•Phoenix,AZ 85007•Phone:(602)258-5786•Fax:(602)253-3874 Email:league@mg.state.az.us•Web site:www.azleague.org Cities ANDow7ns June 22, 2005 The Honorable Paul Loomis Mayor of Oro Valley 11000 N La Canada Dr Oro Valley,Az 85737 • Dear Paul: It is my privilege appoint to a oint Y ou to the 2006 Resolutions Committee of the League of Arizona Cities and Towns and to formally invite you to submitY our resolutions to be considered for the 2006 League legislative program. Mayor Mary Manross of Scottsdale has agreed to serve as the Chairperson of this year's Resolutions Committee. The Committee is responsible for developing next year's legislative program for our League based upon a review of all resolutions submitted by Arizona's cities and towns.The resolutions will be formally adopted at the Committee's second meeting on October 28,2005.The adopted resolutions are outlined in the annual Municipal Policy Statement publication and remain a part of the League's legislative program for one legislative session. Therefore, resolutions that were not successfully completed during the 2005 session or that you believe merit additional attention during the 2006 session will need to be resubmitted. To assist with ith your Resolutions Committee responsibilities and your resolution submission, please find enclosed: Y • 2005 League Resolutions Final Status Sheet • Committee Procedures • 2006 Resolutions Format Guidelines • RSVP Changes to the resolutions process were adopted last year and will remain this year. There will be no pre-conference Resolutions Committee meeting. The first meetingwill occur on Tuesday, September 20th at 1:00p.m. as part of the League Annual Conference scheduled at the g h second meetingwill occur on Friday, October 28th precedingthe quarterly Marriott in Mesa. Lunch will be provided at the meeting. The Y Executive Committee meeting. The resolutions will be formally adopted at the second Resolutions Committee meeting and the Chairman ofthereport Resolutions Committee will the adopted resolutions to the Executive Committee. The time and location of the October 28th meeting has yet to be determined. Please note that all resolutions must be submitted to the League office by Monday,August 22,2005.While email is the preferred method for receivingyour resolutions,feel free to fax(602)253-3874 or mail your resolutions if email is unavailable.Your resolutions can be emailed to Leslie Parish at Iparish@mg.state.az.us. Please officially accept your appointment or designate a council representative to serve your city/town on the 2006 Resolutions Committee by faxing the enclosed RSVP to the League no later than August 22,2005. We hope that all cities and towns will be represented through their elected officials on the Resolutions Committee. If you have any questions or comments regarding the Resolutions Committee or your appointment, please do not hesitate to contact the League office. As always, League staff is available to assist you in the preparation of your resolutions. Sincerely, 7 e-c-\ 8G.. ......4, James Boles, President Mayor of Winslow Enclosures cc: Manager or Clerk U 4-, 2 a)aU 0 rt C) U o C) 'E L) C ..� 0.)-- bA cG (l) .r a) C U U cn -Q O U - rt E O 2 C .E7- rt Q- LL- ' CU ' .cr' C 0 _ = _Y OU > > CU U .ct ct >- cr) Cv Cv p- Cv rt to = Q E •x •= i o n_ E < i c� ,L-- U Cll y Cv a) E L. ` -CDa iCct c� U p :5 5 -O cd O C v 5 _ N O C , t Q C- �� - -0 'i O C> C � Ucn C.)• o � Oct `� C- c o - ssiOCO U • ct . cm C O curt • V c.!) a. C m L: •cn rt V UCU U cLS ` >' CD L % ( `4 U ct U o CU a_ s cu ---, ,a) . •- -0 6 c cry > •� \- u cd M O >:>- , = > V Cv — O L.. U U , cry I >- i Q U L C C > it U -o - a i CG .O -� cc: C U > i CU •E • _ rt- U > C -O 0 O 2 >' c 0.0 cue., _c a) U s I . - Cv c n U O cr) cr) U cr) HU- > L cL U J > D. m < cr) a. c Q C �- ~ o -: L CU o C Q O �- Cli rte, 2 N. N . C) -a v; et O cG C u- E OC O U c.,,, O v, ..0LI- cd U � . �- bA °X U 'C N C U L. Tis '�'� Ft>-- cls o •� o5 Z C :.c s -� 0 0 0 c a) I— — = L. v ) CO Z a O0 ,... =_- Cv cd C ,+. ct-'f, o O O o m O `4 ' Q .}t Cv •- �0 I 0 la-.) `C VCD O ' -Q U --O c'-' ti �- U O m O Os U O2 U E U > O o_ Li') c -,,, 8 2 4--d 2 .E_ CI O O �- OU U n i U . + '� ,OO — > n >-, C O C C ' W ,--ce ., _ b.O V � = = ct • > n > > -O O LOuc– OCU ' . Ln E •U C 8 C C > Q n) L. U 2 O -0 0 70 •- Q U O O O U .� C N •- U C CT U 1- v) O C E (1) - - Ft .+-' C E C U C ct> U O Q) U • . . o o FE O I s O t M F. — vi, rn CU O SI `O C e U sC 0) E- U ct ...� 4--, cUn O C C v) U U '- E N M 00 .- O U �, Q.- cG O Q C L U Q O O ct C C r- -CN N r- .� +� E = O _ CT Z U CO U '� C N ' '- `•!� • m ' CZE Q N U � -Q öE ,. -0 •- c' o CC = UU '� -� U •� N Cv r- ' .- Cll CO C LO U CS LE .C r- � N. '� , N C , Q = � � � U x � � � � C O OM •i .� E en wM U � __ � � � � M coM .� � Cv ON cz N U N p U r N •'C N U E Q CN ,, a,-0 N O N N Q _ C� m C Lam , Rs U O m >` O U m C- O m m m co m m CCS I . I _ c m I D Z 2 I O Z I —�I I (r) cr) ,c c ) c c c tz 0 U L. C) a C I_, v v, etf) O •tic, U = 3 U CU ' ! L. °- et J I .....= C p m , cn O CU CO O .0- •O U -0 s 71..E '� � U c2 J O U et cu Cv C 'C .CU OC ,W 0 t/1 C .,..,(%) C - Cv O O C M CU X et _, < CC Q v c,% U- - a- W H L C!) J Z (r) r N M 'I- in Z 00 LEAGUE OF ARIZONA CITIES AND TOWNS 2006 RESOLUTION FORMAT Text of Resolution Insert one or two sentences (If the resolution statement requires the Legislature, Congress, etc. to take specific legislative or executive action the Resolution should begin with the word "urges" followed by the action desired. For g example, "Urges the State Legislature to fully restore the State Aviation Fund. " If the statement is simply a position statement or a statement of policy and a change in the law is not necessarily required, the Resolution should begin with the word "supports" followed by the policy statement you wish to convey. For example, "Supports arsenic standards based on scientific data.") Indicate which cities and/or towns are sponsoring the resolution. Under the new procedures, at least two cities and/or towns are required to be listed. A. Purpose and Effect of Resolution (Explain why the resolution is being proposed and the expected impact.) B. Relevance to Municipal Policy (Explain how the resolution enhances the operation of cities and towns or furthers the objective of local control.) C. Importance of Resolution to Your City or Town (Is it critical to your jurisdiction that this resolution go to the legislature this year?) D. Fiscal Impact to Cities and Towns (Estimate the potential cost to cities and towns if the above proposal is implemented. If cost figures are unavailable, explain the potential fiscal impact, if any, on cities and towns.) E. Fiscal Impact to the State (If the measure requires additional funding from either the state or federal government, identify possible sources of that funding. If known, also note if this impact to the state would be an appropriation of monies or a tax credit, exemption, etc.) F. Contact Information (Include name, title, phone number, and email address of the person from your municipality to contact with any questions regarding the resolution information.) Electronic submission of resolutions is preferable. To submit your resolution or request this form electronically please email Leslie Parish at (parish@mg.state.az.us. LEAGUE OF ARIZONA CIT1ES AND TOWNS RESOLUTIONS COMMITTEE PROCEDURES 1. Resolutions Committee Appointment The President shall appoint,at least seventy-five days before each Annual Conference,the Chairman and members of the Resolutions Committee. Only elected city and town officials shall be appointed to the Committee. 2. Duties A. The Resolutions Committee shall adopt statements of policy amending the annual Municipal Policy Statement, special resolutions and such other resolutions of courtesy, commendation or appreciation as the Committee deems appropriate. At the post-conference meeting of the Committee, each member shall designate by written ballot five of the resolutions as priority resolutions. A majority of members present at formally scheduled meetings of the Committee shall constitute a quorum. B. The Committee shall hold at least two meetings for consideration of resolutions. One meeting shall be held at the annual conference; a second meeting shall be scheduled at a convenient time following the conference. Notice of each meeting shall be given to each member at least six weeks in advance of the meeting. C. The chair of the Resolutions Committee will appoint and convene a subcommittee of the resolutions committee to review the resolutions submitted for municipal relevancy, duplication and completeness. This subcommittee will meet prior to the conference meeting of the resolutions committee and report at the meeting. 3. Submission of Resolutions A. No resolution,except resolutions of courtesy,commendation or appreciation, may be approved by the Committee unless such resolution, along with a fact sheet, in a form approved by the League President, explaining the purpose, effect of the resolution, its relevance to municipal policy, the p im act to municipal powers,the importance of the resolution, it's fiscal impact and the sponsor's point of contact. is submitted to the Chairman of the Committee or to the League office not less than thirty days prior rior to the conference meeting of the Committee. Each resolution submitted shall be sponsored by at least two cities or towns. League staff shall review and, where appropriate, provide additional information on the impact of the resolution. B. All resolutions submitted by the deadline specified in subsection A of this section alongwith fact sheets shall be mailed to Committee members at least fourteendays prior to each meeting. C. Except in the case of emergency as determined by the chair of the committee, no resolutions submitted after the conference meeting deadline specified in subsection A of this section may be considered. 4. Final Report After thep ost-conference meeting, the Chairman of the Committee or a designee shall report to the Executive Committee those resolutions adopted by the Committee. Resolutions, except special resolutions and resolutions of courtesy, commendation or appreciation,finally adopted as statements of policy shall become part of the annual Municipal Policy Statement. 2006 Resolution Committee Member RSVP Q I will serve as a member of the Resolutions Committee Q I will not serve as a member of the Resolutions Committee, but have designated the following councilmember to represent our city/town: Name of designee No one will attend Name City/Town Please fax to (602) 253-3874 by August 22, 2005. TOWN OF ORO VALLEY9 COUNCIL COMMUNICATION MEETING DATE: AUGUST 3, 2005 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Discussion and Consideration of date for a proposed 2005 Council Retreat SUMMARY: The Oro Valley Town Council was previously contacted by Office Specialist Amanda Jacobs to attempt to obtain a convenient date for all Council Members to attend a 2005 Council Retreat. To date, a mutually agreed upon date has not found due to a number of commitments — both professional and personal — so as a result a date for the proposed 2005 Council Retreat has not been solidified. Therefore this agenda item is an opportunity for the Town Council to discuss the proposed 2005 Council Retreat and mutually agree on a date. The attached calendars show the end of July, all of August, and the beginning of September. Calendar (A) lists the dates that Council Members are unavailable and the p reason for the conflict; and Calendar (B) shows the "black-out" (unavailable) dates. The remaining appear a ear to be open for discussion and consideration for a proposed Council Retreat to be held in the Council Chambers. ATTACHMENT: 2005 Calendar A: July 22nd — September 17th 2005 Calendar B: July 22nd — September 17th MOTION: I move to set as the 2005 Council Retreat scheduled from 8:30 a.m. until 4:00 p.m. in the Council Chambers. or I move to reconsider a 2005 Council Retreat agenda item at an upcoming Council meeting date in the Fall. or I move to not conduct a 2005 Council Retreat. a Chuck Sweet, Mown Manager CALENDAR "A " 2005 7/22 — 7/24 - Out of Town (Vice Mayor Gillaspie) 7/23 — 7/31 - Family Commitment (Council Member Parish) 8/3 - Town Council Meeting 8/6 — 8/14 - Family Commitment (Council Member Parish) 8/15 — 8/16 - Appointments (Council Member Culver) 8/17 — 8/19 - Governor's Rural Development Conference 8/20 — 8/28 - Family Commitment (Council Member Parish) 8/22 — 8/26 - Out of Town (Council Member Culver) 8/30 - Appointment (Mayor Loomis) 9/3 — 9/4 - Family Commitment (Council Member Parish) 9/5 - Labor Day Holiday (Town Hall Closed) 9/6 — 9/11 - Family Commitment (Council Member Parish) 9/13 — 9/17 - Out of Town (Council Member Dankwerth) CALENDAR "B" 2005 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY JULY 1 22 2 3 1 324 11 25 111281L29O3oI1' AUGUST 1 2 I 3 I 4 5 1 6 1 141 7 II 1 fl 8 II 1.6 17 I 18 II 12 II 13 19 II 20 1 1 21 II 22 II 23II 24 25 ' 26 11 27 I 28 � 29 L30 I 31 SEPTEM B E R I 12 13 2 9 I 4 it 5 11 8 i6I �