HomeMy WebLinkAboutPackets - Council Packets (1085) **AMENDED (1/28/05, 2:00 p.m.)
AGENDA
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
FEBRUARY 2, 2005
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
**. . - a , A $ - A -• a ` ►1
CALL TO ORDER
ROLL CALL
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e A I $ A ! A —e- "e- • a a A •-e
e Ae a -e � "ems
purchase/lease of real property for Town Facilities
**REGULAR SESSION AT OR AFTER 7:00 PM
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER
COUNCIL REPORTS
DEPARTMENT REPORTS
TOWN MANAGER'S REPORT
The Mayor and Council may consider and/or take action on the items listed
below:
ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE
MEETING
CALL TO AUDIENCE — At this time, any member of the public is allowed to
address the Mayor and Town Council on any issue not listed on today's
agenda. Pursuant to the Arizona Open Meeting Law, individual Council
Members may ask Town Staff to review the matter, ask that the matter be placed
on a future agenda, or respond to criticism made by speakers. However, the
Mayor and Council may not discuss or take legal action on matters raised during
"Call to Audience." In order to speak during "Call to Audience" please specify
what you wish to discuss when completing the blue speaker card.
1. CONSENT AGENDA
(Consideration and/or possible action)
A. Minutes — 12-15-04; 01-05-05; 01-13-05
02/02/05 Agenda, Council Regular Session 2
n (R) 05-05 the Town to submit a prioritized list of
B. Resolutio Authorizing
Dg CapitalImprovements a Im rovements Program Projects (CIP)to the Pima
County Regional Flood Control District
C. Opp
V12-03-34 Approval of 6 month extension to June 23, 2005 of the
PreliminaryPlat for Stone Canyon VII, located north of Tortolita
Mountain Circle in Rancho Vistoso Neighborhood 11, portion of Parcel
219-05-011A
2. PUBLIC HEARING — ORDINANCE NO. (0)05-08 OV8-04-07
CONDITIONAL USE PERMIT FOR A NEW CLUBHOUSE FACILITY AT
THE ORO VALLEY COUNTRY CLUB, LOCATED ON THE NORTHWEST
CORNER OF GREENOCK DRIVE AND VALLE DEL ORO ROAD,
PARCELS #224-34-1650, 224-35-0810, 224-35-0820, 224-35-0830, 224-
35-0350, 224-35-0360, 224-35-0370 & 224-35-0910
3.
**RESCHEDULING THE REGULAR MEETING FROM WEDNESDAY,
FEBRUARY 16, 2005 TO TUESDAY, FEBRUARY 15, 2005
4.
FUTURE AGENDA ITEMS (The Council may bring forth general topics for
future meeting agendas.endas. 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
y
agenda. Pursuant to the Arizona Open Meeting Law, individual Council
Members mayask 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
may Mayor and Councilnot discuss or take legal action on matters raised during
y
"Call to Audience." In order to speak during "Call to Audience" please specify
whaty ou wish to discuss when completing the blue speaker card.
ADJOURNMENT
POSTED: 01/21/05 AMENDED AGENDA POSTED: 01/28/05
4:30p.m. 2:00 p.m.
lh lh
When � a packet acket of agenda materials as listed above is available for
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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.
complies The Town of Oro Valley with the Americans with Disabilities Act (ADA).
If any pdisability with a needs any type of accommodation, please notify
the Town Clerk's Office at 229-4700.
02/02/05 Agenda, Council Regular Session 3
INSTRUCTIONS TO SPEAKERS
Members of thepublic have the right to speak during any posted public
hearing. However, those items not listed as a public hearing are for
consideration and action bythe 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.
Ify ou wish to address the Town Council on any item(s) on this agenda, please
p
a
complete speaker card located on the Agenda table at the back of the room
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andg ive 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
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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.
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Office of the Town Attorney
Memo
To: Honorable Mayor and Council
From: Tobin Sidles, Acting Town Attorney 1—
A5t
CC: Chuck Sweet, Town Manager
Date: January 28, 2005
Re: Monterey Homes Condemnation Attorney-Client Privileged
This is to inform you that the Executive Session regarding this matter on
February 2, 2005 has been cancelled. Per previous discussions the attorney
has enough direction to proceed at this time without further direction, and
there is nothing new to report at this time. I will be sending you a status report
on the matter when necessary.
DRAFT
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
DECEMBER 15, 2004
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 5:30 PM
CALL TO ORDER 5:35 p.m.
ROLL CALL
PRESENT: Paul Loomis, Mayor
Paula Abbott, Vice Mayor
K.C. Carter, Council Member
Conny Culver, Council Member
Helen Dankwerth, Council Member
Barry Gillaspie, Council Member
Terry Parish, Council Member
EXECUTIVE SESSION AT OR AFTER 5:30 PM
MOTION: A MOTION was made by Council Member Dankwerth and SECONDED by
Council Member Culver to go into Executive Session at 5:36 p.m. for the following
purpose:
1. Pursuant to ARS 38-431.03 (A)(7)Discussion/consultation regarding the Oro
Valley Service Center Lease
2. Pursuant to ARS 38-431.03 (A)(3) & (A)(4) Legal Advice, direction and
settlement authoritypertaining to a lawsuit filed September 17, 2004 regarding La
Canada Drive/Lambert Lane Development/Extension of landscape completion
date (OV12-02-06 and 6A) (Beztak Companies)
MOTION CARRIED, 7 —0.
Mayor Loomis announced that in addition to the Town Council, the Town Manager, the
Town Attorney, and the Deputy Town Clerk, Police Chief Sharp and Finance Director David Andrews would be present in Executive Session for Item 1 and Community
Development Director Brent Sinclair, Planning and Zoning Administrator Bryant Nodine,
Finance Director David Andrews, and Brad Woodford, Outside Legal Counsel from
Moyes Storey Law Offices would be present in Executive Session for Item 2.
MOTION: A MOTION was made by Council Member Culver and SECONDED by
Council Member Parish to go out of Executive Session at 6:42 p.m. Motion carried, 7—
0.
RESUME REGULAR SESSION AT OR AFTER 7:00 PM
12/15/04 Minutes, Council Regular Session 2
CALL TO ORDER at 7:00 p.m.
ROLL CALL
PRESENT: Paul Loomis, Mayor
Paula Abbott, Vice Mayor
K.C. Carter, Council Member
Conny Culver, Council Member
Helen Dankwerth, Council Member
Barry Gillaspie, Council Member
PLEDGE OF ALLEGIANCE
Mayor Loomis led the audience in the Pledge of Allegiance.
UPCOMING MEETING ANNOUNCEMENTS
Town Manager Chuck Sweet reviewed the upcoming meetings and events. He also
announced that the Town Hall offices would be closed on December 24th for the
Christmas Holiday and December 31St for the New Year Holiday.
TOWN MANAGER'S REPORT
No report.
COUNCIL REPORTS
Council Member Gillaspie reported that he attended that Governor's hearing concerning
state drought issues and found the session to be very informative.
DEPARTMENT REPORTS
Chief Sharp reported that the"Kindervision Event for Child Safety" would be held on
January 2, 2005, in conjunction with Northwest Medical Center Community Open House.
He also reported that the "Driving Under the Influence Units In-Car Video Systems"
grant had been approved by the State of Arizona.
ORDER OF BUSINESS: Mayor Loomis announced that this would be the last official
meeting to be held in 2004 and wished everyone a happy holiday season.
CALL TO AUDIENCE
Jim Kreigh, 40 East Calle Concordia, reported that many citizens that lived in the
Shadow Mountain Estates including himself, were unaware of the new construction for
the new water lines installation for the neighborhood. He asked that the Town be more
cognizant in keeping the citizens abreast to these types of projects and give the citizens
an opportunity to address these types of issues.
12/15/04
Minutes, Council Regular Session 3
1. CONSENT AGENDA
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Council Member Gillaspie requested that Item E be pulled from the Consent Agenda.
Council Member Carter requested that Item H be pulled from the Consent Agenda.
MOTION: Council Member Dankwerth moved to APPROVE the Consent Agenda
with the exception of Item E and Item H. Council Member Gillaspie SECONDED the
motion. Motion carried, 7-0.
A. Minutes— 11/29/04
B. Police Department Report - November 2004
C. Building Safety Activity Report—November 2004
D. Coyote Run Monthly Report—November 2004
E. Resolution No. (R)04-126 Authorizing a construction contract between the
Town of Oro Valley and K E & G Development, LLC. in the amount of
$483,400.00 to construct Shadow Mountain Estates 12-inch"D" Zone Water
Main (PULLED FOR DISCUSSION)
F. Resolution No. (R)04-127 In cooperation with other Northwest Area
Municipal Water Providers, to state the critical importance of a Reliability
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Reservoir for Central Arizona Project Water in the Northwest Tucson Active
Management Area to ensure the future potable Water Supply for its customers
G. Resolution No. (R) 04-128 Authorizing and approving the execution of an
intergovernmental agreement between Pima County and the Town of Oro
Valley for the construction of the Oro Valley Public Library Expansion
Project
H. Resolution No. (R) 04-129 Authorizing and approving the execution of an
intergovernmental agreement between Pima County Free Library District and
the Town of Oro Valley for provision and payment of Library Services
(PULLED FOR DISCUSSION)
I. Resolution No. (R)04-130 Declaring as a public record that certain document
filed with the Town Clerk and entitled "The 2002 Amendments to the Tax
Code of the Town of Oro Valley, Arizona"
J. Resolution No. (R)04-131 Authorizing and Approving the Town to enter into
a Development (Service) Agreement by and between the Town of Oro Valley
and approving a Development Agreement with Canada Hills Homeowners
Association for Police Department Traffic Enforcement on Private Streets
K. Resolution No. (R)04-132 Authorizing and Approving a HIPAA Business
Associate Agreement between Golder Ranch Fire District ("Golder Ranch")
and the Town of Oro Valley
L. Resolution No. (R)04-133 Authorizing and Approving a HIPAA Business
Associate Agreement between Rural Metro Fire Department ("Rural Metro")
and the Town of Oro Valley
M. OV12-04-06 Approval of a Final Plat for The Uplands at Lambert Lane, a 16
lot single family subdivision, located west of the CDO Riverfront Park and
12/15/04 Minutes, Council Regular Session 4
1/8 mile west from the intersection of La Canada Drive and Lambert Lane
within the El Conquistador Planned Area Development, Parcel 224-24-1570
N. Extension of the appointment of members of the Oro Valley Grievance
Review Board
E. RESOLUTION NO. (R)04-126 AUTHORIZING A CONSTRUCTION
CONTRACT BETWEEN THE TOWN OF ORO VALLEY AND K E & G
DEVELOPMENT, L.L.C. IN THE AMOUNT OF $483,400.00 TO
CONSTRUCT SHADOW MOUNTAIN ESTATES 12-INCH "D" ZONE
WATER MAIN
MOTION: Council Member Gillaspie moved that this item be CONTINUED to January
19, 2005, to allow Town staff to meet with citizens and answer questions they might
have. Vice Mayor Abbott SECONDED the motion.
Discussion: Vice Mayor Abbott suggested that rather than placing a time limit on staff,
she would recommend that this item be postponed indefinitely so that staff could send the
mailing notifications to the appropriate individuals in the area. She explained that the
notifications may take longer than expected; therefore, would like to leave the time limit
more opened ended.
Council Member Gillaspie stated that he would not be inclined to accept the explanation
and would prefer, in this case, to have the Town management level inform the Council as
to what would be the appropriate time to notice the residents in the area. He explained
that there were contracts of bids pending and he would not want to delay the process for
too long. He stated that one (1) month should be a sufficient amount of time to notify all
of the citizens in the area.
In answer to a question from Mayor Loomis, Project Manager David Ruiz explained that
he was unsure what the impact on the existing pending bids would be if there was a
continuance but he would inform the Council of any stipulations. He further explained
that this project would integrate the Tucson Water Well into the Oro Valley Water Utility
system to the south of Oro Valley. He explained that this was necessary and was in
conjunction with the Town Capital Improvement Plan Expansion as it related to the
South Oracle "D" Zone project.
Council Member Parish was opposed to the motion of stalling the project and stated that
the Town was taking the appropriate measures in taking care of the neighborhood. He
agreed that the citizens should be notified before the project started but he felt the Town
should continue to move forward.
Council Member Gillaspie stated that in his opinion the Council had a very bad track
record involving Town citizens in the decision making and the creation of new projects.
He stated that the Town needed to focus on improving "public communication"when
planning projects.
1 /
2 15/04 Minutes, Council Regular Session 5
MOTION carried, 4-3, with Mayor Loomis, Council Culver and Council Member Parish
opposed.
H. RESOLUTION NO. (R) 04-129 AUTHORIZING AND APPROVING THE
EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN PIMA COUNTY FREE LIBRARY DISTRICT AND THE
TOWN OF ORO VALLEY FOR PROVISION AND PAYMENT OF
LIBRARY SERVICES
MOTION: Council Member Carter moved to APPROVE Resolution No. (R) 04-129,
approving an Intergovernmental Agreement between the Town of Oro Valley and Pima
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County Board of Supervisors for the provision and payment of library services to the
Town of Oro Valley for the operation and maintenance of the Oro Valley Public Library.
Council Member Culver SECONDED the motion. Motion carried, 7-0.
2. PRESENTATION OF STATUS OF RECLAIMED WATER SYSTEM
PROJECT
Project Director David Ruiz reported that in an effort to keep the Town Council and the
public abreast of the status of the Town's reclaimed water systemproject, staff has
agreed to provide frequent updates during regularly scheduled Council meetings. He
reviewed the following segments of the Reclaimed Water Project:
• Phase I
• Reclaimed Water System Project Update
• Reclaimed Water Pipeline
• Projected completion(February 2005)
• Reservoir and Booster Pump Station
• Tucson Water Thornydale Booster Pump Station
No action was required for this item.
3. RESOLUTION NO. (R)04-134 PROVIDING FOR THE ISSUANCE AND
SALE OF THE TOWN OF ORO VALLEY, ARIZONA, ORACLE ROAD
IMPROVEMENT DISTRICT IMPROVEMENT BONDS; APPROVING
THE SALE OF THE BONDS TO THE UNDERWRITER; AND
PRESCRIBING TERMS AND PROVISIONS OF THE BONDS;
APPOINTING A REGISTRAR, TRANSFER AGENT AND PAYING
AGENT WITH RESPECT TO THE BONDS; APPROVING THE FORM
OF CONTRACT FOR SUCH REGISTRAR, TRANSFER AGENT AND
PAYING AGENT; MAKING CERTAIN TAX COVENANTS; RATIFYING
ALL ACTIONS TAKEN WITH RESPECT TO THE PREPARATION AND
DISSEMINATION OF AN OFFERING STATEMENT; APPROVING A
FORM OF OFFICIAL STATEMENT; AUTHORIZING THE MAYOR TO
EXECUTE THE OFFICIAL STATEMENT; AND AUTHORIZING
CIRCULATION OF THE OFFICIAL STATEMENT
12/15/04 Minutes, Council Regular Session 6
Finance Director David Andrews reported that this resolution would authorize the
issuance of$5,535,000.00 of the Town's special assessment revenue bonds for the Oracle
Road Improvement District. He explained that the approval of this resolution would also
approve the execution of all related documents, and position the Town to move forward
with funding for the construction of roadway improvements within the district. He
introduced Scott Ruby, Bond Counsel with Gust Rosenfeld, who reviewed the following
information identifying the sources and uses of funds for the district:
SOURCES:
Bond proceeds at Par $5,535,000
Bond Premium 83,476
Town Contributions 450,000
Total Sources for Funds: $6,068,476
USE:
Construction and Engineering Costs $5,535,400
Capitalized Interest 247,696
Cost of Issuance and Underwriter's Fees 285,380
Total Uses of Funds: $6,068,476
MOTION: Council Member Parish moved to APPROVE Resolution No. (R) 04-134,
authorizing the Issuance of Town of Oro Valley, Oracle Road Improvement District,
Special Assessment Revenue Bonds, Series 2005. Council Member Dankwerth
SECONDED the motion. Motion carried, 7-0.
4. PUBLIC HEARING—ORDINANCE NO. (0)04-45 AUTHORIZING THE
ESTABLISHMENT OF AN ORO VALLEY HISTORIC PRESERVATION
COMMISSION
Community Development Director Brent Sinclair reported that approval of this ordinance
would allow for the Town to begin the process of bringing together a Historic
Preservation Commission, and that the staff report reflected the guidelines for the
selection of the commission.
Town Manager Chuck Sweet explained that due to some feedback and concerns from
Council members, staff was submitting an amended motion and ordinance that
addresses some of their concerns.
Council Member Culver explained that this idea had been a long time coming and
that everyone has been working very hard to have the Town formally adopt a Historic
Commission. She reported that the Town was looking to acquire some historic properties
in the near future and would very much like to see this item move forward. She
explained that this would be a Commission that met the needs of the Town which
was growing very rapidly and historic preservation was very important and necessary.
12/15/04
Minutes, Council Regular Session 7
Member Gillaspie had concerns with the fact that a Commission was being
Council P
formed without
havingdefined what the Commission's task would be and the number
of
members that would be on the Commission. He stated that the duties and responsibilities
should have been identified before the ordinance came forward to Council.
Vice Mayor Abbottagreed
and explained that the Parks and Recreation Advisory Board
did not have ample time to review any of the Council's concerns; therefore,
(PRAB) P g
PRAB should opportunityiven an be to review theissues and address some of the
concerns.
The following issues were identified and discussed:
• What kind of authority would Council be rendering to the Commission if a
comprehensive preservation ordinance was developed?
• Thep �u ose of creating the Historical Commission and how it will benefit the
community. .
• Does the enablingcriteria given to the Commission provide sufficient direction
and ability to meet the requirements for the Federal Historic Preservation local
authority or will the ordinance need to be further refined?
MayorLoomis opened the public hearing. There being no speakers Mayor Loomis closed
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the public hearing.
MOTION: Council Member Culver moved to APPROVE Ordinance No. (0) 04-45 as
amended and to direct an initial interview panel consisting of a Town Council member,
the Town Historian and the Community Development Director be established to
interview Oro Valley citizens who are interested in serving on the newly created Historic
Preservation Commission. Council Member Dankwerth seconded the motion.
AMENDMENT: Council Member Gillaspie moved to add to Section 2 of Ordinance
(0)04-45 —Item A to read, "Membership shall consist of SEVEN(7)members". Council
Member Culver and Council member Dankwerth agreed to the amendment.
Vice Mayor Abbott stated that she did not see any harm with moving forward with the
proposal, but she would like to see that PRAB ultimately develop an appropriate number
of individuals that would eventually serve on the Commission and that PRAB provide
some input.
Mayor Loomis stated that he was opposed to the motion because the Council has verbally
requested at previouslymeetings that information pertaining to issues such as this be
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submitted in a timely manner. He explained that the changes that have been made to the
ordinance, and Council receiving the information the night of the Council meeting was
unacceptable. He stated that Council should have adequate time to review material prior
to the meetings.
12/15/04 Minutes, Council Regular Session 8
Vice Mayor Abbott agreed but stated she would vote in favor of the ordinance because
this was a preliminary procedure and general guidelines that could always be revised and
added to.
MOTION carried, 5-2, with Mayor Loomis and Council Member Carter opposed.
Mayor Loomis recessed the meeting at 8:01 p.m. The meeting resumed at 8:07 p.m.
5. PUBLIC HEARING—ORDINANCE NO. (0)04-46 TO AMEND A
CONDITION OF REZONING APPROVAL —REGARDING PERMITTED
BUILDING HEIGHTS FOR THE 8.35 ACRE SITE COMMONLY
KNOWN AS THE "OLD BUS BARN", LOCATED AT THE NORTHWEST
CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD,
PARCEL NUMBERS 224-33-007A, 224-33-008A AND 224-33-011A
David Ground, the applicant, stated that he was requesting a maximum of ten 2-story
homes in the center of the development, and a maximum of four two story homes on the
east side of the site. He reported that there would be no 2-story homes on the north, west
or south sides of the site.
The following concerns were identified and discussed:
• The letters submitted in support of the revision.
• Field Crest Lane proximity to the site.
• How the homes would infringe in proximity to other homes in the community.
• Site and view shed analysis.
• Building height for single-story homes and 2-story homes.
• Ingress and Egress points.
Community Development Director Brent Sinclair reported that on August 18, 2004, by
Ordinance No. (0) 04-24, the Town Council approved the rezoning with the Planning
and Zoning Commission's design standards and with an additional condition that restricts
all 45 lots to one-story homes. He reported that after some discussion regarding the type
of households the project would likely accommodate, the size of the homes, the number
of school-aged children it might generate, and potential age restrictions on homebuyers,
the Council took the following action, "Council Member Culver moved to approve
Ordinance No. (0) 04-24, OVO-04-01, Desert Sky Zoning Map Amendment, Site
Analysis and TDP, subject to all homes being one story which would be more conducive
to "empty nesters". Council Member Abbott seconded the Motion. Motion carried 5-2,
with Vice Mayor Abbott and Council Member Gillaspie opposed."
Mayor Loomis opened that public hearing.
John Lupo, 9614 North Golden Sun Drive, stated that he was against the request and that
he was very concerned about the influx of traffic. He asked that the developer create an
exit gate to reduce the amount of traffic on Egleston Drive and Desert Sky.
12/15/04
Minutes, Council Regular Session 9
Ken Sc representing g p
oville resentin Amphitheater Public School, thanked the developer for
gr
entering into
a donation agreement with Amphitheater Public Schools and, stated that he
was in total support of the development moving forward.
Mayor Loomis closed the public hearing.
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Mayor Loomis was opposed to the motion as stated because the single-story homes were
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supported and would be aestheticallycorrect throughout the zoning district. Also, he felt
that the architectural uniqueness was not a sufficient rationale to support the change of
approval for the 2-story homes.
Mayor Loomis expressed concern with the "stand-offs"between the adjacent property and the apartments in the vicinity, and other communities that would be impacted by the
revision.
Council Member Culver stated that the revision would be inconsistent with the low scale
residential homes in the community and the proximity of the 2-story homes was too close
to other homes.
Vice Mayor Abbott stated for the record that she based her decision to approve or
disapprove a development plan upon its merits and not if the developer has or has not
made a voluntary contribution. She stated that the reason she will oppose the proposal
was because she believes the density and mass of the development was unacceptable and
inconsistent with the low scale residential character of the neighborhood. Also, she had
concerns with some of the safety issues that were identified.
MOTION: Council Member Culver moved to DENY OV9-04-01 A, Desert Sky Zoning
MapAmendment to the Town Council based on the following findings: there would be a
negative visual impact and approval would create a much larger scale than is
characteristic of the area. Vice Mayor Abbott SECONDED the motion. Motion carried,
6-1, with Council Member Parish opposed.
6. PUBLIC HEARING- ORDINANCE NO. (0)04-47 ADOPTING
REVISIONS TO THE "TOWN OF ORO VALLEY PERSONNEL
POLICIES AND PROCEDURES CODE" BY REFERENCE AND FIXING
THE EFFECTIVE DATE THEREOF; REPEALING ALL RESOLUTIONS,
ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN
CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND
DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS
THAT HAVE ALREADY BEGUN THEREUNDER
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Mayor Loomis opened the floor for public comments. There being no speakers, Mayor
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Loomis closed the public hearing.
MOTION: Vice Mayor Abbott moved to ADOPT Ordinance (0) 04-47, amending the
Town of Oro Valley Personnel Policies and Procedures Code. Council Member Carter
12/15/04 Minutes, Council Regular Session 10
SECONDED the motion. Motion carried, 7-0.
7. RESOLUTION NO. (R)04-135 ADDING ITEM 17 TO THE ECONOMIC
DEVELOPMENT INCENTIVE POLICY GUIDELINES AUTHORIZING
ALL ECONOMIC DEVELOPMENT AGREEMENTS AS A REFERABLE
ITEM SUBJECT TO THE REFERENDUM PROCESSES OUTLINED IN
THE ARIZONA REVISED STATUTES
Mayor Loomis opened the public hearing.
Jerry Hoy, 3380 West Westfall Drive, representing the Northern Pima County Chamber
of Commerce, stated that he was against the resolution because the Economic
Development Incentives Agreements (EDA) would be subject to later ratification by the
voters. Therefore, he had concerns with how the resolution would impact businesses in
the communities. He explained that business did not like uncertainty and this resolution
would kill any interest a developer might have in Town projects because it would
lengthen the process.
Art Segal, 10148 North Bighorn Butte Drive, stated that he was in support of the
resolution because he agreed that it was appropriate to give the citizens an opportunity
to vote on issues pertaining to new businesses coming into the area.
Chet Oldakowski, 11706 North Via De La Verbrenita, a representative from "Stop Oro
Valley Outrageous Give-A-Ways" organization, had concerns with EDAs because there
were tools involved and used improperly. He suggested that a safety program be
implemented.
MOTION: Vice Mayor Abbott moved to APPROVE Resolution No. (R) 04-135, a
resolution of the Mayor and Town Council of the Town of Oro Valley, Arizona, to add
Item #17 to the Economic Development Incentive Policy Guidelines authorizing all
Economic Development Agreements to be referable items subject to the referendum
processes outlined in the Arizona Revised Statutes. Council Member Carter
SECONDED the motion.
Discussion: Council Member Culver explained that there were other EDAs that could
be reviewed, such as, a reduction in fees and fast tracking developments. She stated that
if the Council made these items referable, the Town could lose businesses that were
wanted in the area. She explained that part of her platform was to make Oro Valley a
"business friendly" Town. She said that by approving this resolution, that message
would do the Town more harm than good.
Council Member Gillaspie stated that this issue has been sufficiently heard over the past
few meetings and he believed that the will of the majority at this point should be clear.
He stated that he feared that the topic does not favorably represent the Town for the
Council's desire to modify and adopt approved policies that would both allow and protect
12/15/04
Minutes, Council Regular Session 11
ure activities relatin to economic development. He said for that reason, he
possible fut g
would vote against the motion.
Council Member Parish stated that he did not believe that EDAs should be made
referable because businesses want to know when and if a deal is final. He explained that
he viewed the issue as being a choice between having a property tax or not having a
property tax in Oro Valley. He explained that if the Town does not develop economically
prop y Y p
to bringmoneyin from outside sources, Pinal County will take over in the building
developmentcategory.cate or . He stated that he was against making EDAs referable and always
will be.
Vice Mayor Abbott explained that for Council to say that they would never make a
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wrong decision or mistake was arrogant. She explained that there was a lot of work
involved in the referendum process and people were not going to "jump the gun" in using
it. However, in her opinion the check and balances were missing in the policy and she
p
felt it was needed. She stated that she wanted to do everything possible to make EDAs
referable to theeo le. She explained that she was concerned with what EDAs will do to
p p
existing businesses but she was confident that this was the appropriate thing to do. She
asked that Item#17 be incorporated into the existing EDA policy.
Council Member Parish called for the question.
MOTION failed 2-5, with Council Member Carter and Vice Mayor Abbott in favor.
8.
DISCUSSION CONSIDERATION AND POSSIBLE ACTION
REGARDING METHODS FOR IMPROVED COMMUNICATIONS
BETWEEN THE TOWN COUNCIL AND CITIZENS
Council Member Dankwerth said that with regard to the "guest editorial column", she
suggests that the information be routinely submitted by the Public Information Officer,
gg
informing the public of important issues that would be addressed at future meetings,
givingthe citizens various view points of upcoming issues prior to action taken by
Council and routinely informing the citizen what Council has done for them.
suggested Mayor Loomis creating a paid advertisement section in the newspaper such as
Y
a"Town Page" to announce upcoming meetings and events.
Council Member Carter suggested meeting with the people on a personal level.
Vice Mayor Abbott added that the Council should have meetings in 2005 to meet with
the citizens in an open house setting.
Mayor Loomis briefly addressed the "pros" and"cons" of each of the following items
identified in the staff report submitted for consideration and approval:
1. Inserts in Town-wide Water Utility Billings
2. Web logs (or"blog").
12/15/04 Minutes, Council Regular Session 12
3. Newsletter and Community Calendar.
4. Access Tucson.
5. Listing of Council votes by agenda item.
6. Listserve (0-Mail").
7. Streaming video of Town Council meetings
8. Videotape of Council meetings by Access Tucson.
9. Live Council broadcast requirement in Cable Franchise
10. Enhanced outreach by Council members to community groups.
11. Purchase of advertising space in a community newspaper.
12. Submission of a guest editorial or column in a community newspaper.
MOTION: Vice Mayor Abbott moved to DIRECT the Town Manager to pursue
options #4, #5, #6, #10 and#12 to help increase Town Council communications with
citizens and direct the Town Manager to bring other options forward for consideration
as part of the 2005 —2006 Budget. Council Member Culver SECONDED the
motion. Motion carried, 7-0.
9. ECONOMIC DEVELOPMENT THINK TANK AND ADVISORY
COMMITTEE MEMBERSHIP AND MEETING DATES OUTLINE
Jeffrey Weir, Economic Development Administrator, explained that the "Think Tank"
will focus on considering what has not been thought of for the future economic blueprint
for Oro Valley. He reported that by using various techniques such as brainstorming, this
group is expected to "think outside of the box" and not fee compelled to continue doing
what works now. He reported that their focus is on the future economic considerations
and directions that the Town should prepare for.
MOTION: Council Member Carter moved to deny the Economic Development Think
Tank and Advisory Committee Membership and Meeting Dates Outline. Vice Mayor
Abbott SECONDED the motion.
Council Member Carter stated that he was opposed to the "Think Tank" concept because
Town management had let him down on November 22nd regarding the concept because
he knew nothing about the committee and was misinformed and felt this was not the right
thing to do with Town money.
Council Member Dankwerth explained that it has been abundantly clear that the Council
wanted to have representatives from various areas of the community with specific areas
of expertise take part in a group that would review what was currently being done as a
community with regard to community development and possibly come up with unique
and creative ideas. She added that these ideas might or might not be considered in the
future. She stated that the Town should proceed with the concept of the "Think Tank"
and adhere to the dates that have been set forth on the calendar; and name and the citizens
who wish to be a part of the initial "Think Tank", engage the service of a qualified
facilitator; and consider the work the Town staff is doing with regard to investigation of
12/15/04
Minutes, Council Regular Session 13
what other town yg
and cities of varying sizes in Arizona are doing to further their economic
basis and to provide diverse sources of income for their town.
Abbott explained that because of the magnitude of the responsibility that the
Vice Mayor p
subcommittee represents, she stated that it was critical that this committee reflect an
p representation of the re
p equal Council and because there was no Council appointee
representative on this committee, she could not support the proposition. She stated that in
her opinion, this was not a very democratic approach.
Council Member pointed Gillaspie out that soon after the new Council Members took
office a study session was held regarding the idea of an economic think tank regarding
EDAs and subject to that, there have been public study sessions. At that point, there were
no objections to forming a committee such as this one, so he did not understand Council
Member Carter's comment.
Council Member Parish called for the question.
MOTION failed, 2-5,with Vice Mayor Abbott and Council Member Carter in favor./
Council Member Dankwerth clarified that this was a"task force"with a specific time
limit.
MOTION: Council Member Dankwerth moved to ADOPT the"Think Tank" as
proposed byJeff Weir, Economic Development Administrator; that it be a time limited
p
task force oriented entity inclusive of the members listed on attachment "A" (members 1
"ThinkTank") and that it meet between the dates of January 8th and
through 12 under
Januarypp
16th, and have opportunities for a special/study session to which the public will
be encouraged to offer their input on February 16th, 2005. Council Member Parish
SECONDED the motion.
There was discussion regarding the function of the commission and development. The
following topics were discussed:
• The outline of the proposed calendar.
• The timeline for amendment for the EDA revisions previously brought forward.
• When the information was brought forward to Council for this item.
• The selection of the members for the "Think Tank Task Force."
• Where would the $4500 come from to support the "Think Tank"which would be
listed as a special project?
MOTION carried, 5-2, with Vice Mayor Abbott and Council Member Carter opposed.
The following is a list of the "Think Tank"members:
1. Al Cook
2. Chet Oldakowski
3. Eric Shapiro
12/15/04 Minutes, Council Regular Session 14
4. Ray Paolino
5. Bob Schwartz
6. Tim Booth
7. Paul Kappelman
8. Mary Pearce
9. Rob LaMaster
10. Kit Donley
11. Gregg Forszt
12. Kim Stine
10. FUTURE AGENDA ITEMS
In answer to a question from Vice Mayor Abbott, Mayor Loomis reiterated that staff was
aware of the openings on the commissions; and the Planning and Zoning Commission
had not taken any action at this point on the Commercial Code.
CALL TO AUDIENCE
Art Segal, 10148 North Bighorn Butte Drive, on behalf of the La Reserve Community
Association, thanked Finance Director David Andrews for being so accommodating and
helpful in answering any questions the community might have regarding Town issues.
ADJOURNMENT
MOTION: Council Member Culver moved to adjourn the meeting at 9:45 p.m. Council
Member Parish SECONDED the motion. Motion carried, 7-0.
Respectfully submitted,
Linda Hersha, Senior Office Assistant
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_15th_day of December 2004. I further certify that the meeting was duly called
and held and that a quorum was present.
Dated this day of ,2004.
Kathryn E. Cuvelier, CMC
Town Clerk
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
JANUARY 05, 2005
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 5:30 PM
CALL TO ORDER 5:35 p.m.
ROLL CALL
PRESENT:
Paul Loomis, Mayor ��'
t:�:%,%iv:lii:
Paula Abbott, Vice Mayor ,,
J'r.:Jr,
K.C. Carter, Council Member '�..:�: i.•
Conny Culver, Council Me -•
<A>y
Helen Dankwerth, Coun
':.:"a.+l, %iv'�i..y�;;x:„„
Barry Gillaspie, Coun /,i':
�l� t:� ember
Terry Parish, Coun
1y.f f J
�� .
EXECUTIVE SESSION AT OR AFTER 5:30 P
• A MOTION made by / �'%` SECONDED by
MOTION +� � � �R�f��y�. ber �+�'b�`. erth and
was :�.�r � ��/, ;
;` ,
�Y��� �;:/!: p m for the following
Council Member Carter to go into Execu �Y Se ''ire -%_:f. .
f%fH.:v,://.%.J Y�'��.'/..
purpose: :
f%
Migt'4)
,
1 y',: (3) with the Town Attorn y
•Pursuant to ARS 38 '�'�}yy Consultation Attorney
�
for Legal Advice a; c4,4#1,0:0,4
J� sc -on reg y' gthe Pager P a Litigation
2• Pursuant to AR 7:11 & ( ) Consultation with the Acting Town
,fs y n','• .f',.w,,
-yv:"f relating to the purchase/lease of real
Attorney for Leg. mr �f ° ut .x ,: y
�-s
property fo •wn °y: ' es
r/ ,.:-4 t .::; ' A 3 & (A)(4) Legal Advice, direction and
3. Pursua�>�a" "v#�? �x �,� )( )ti auth• ;9erta to a lawsuit filed September 17, 2004 regarding La
settle ; :1:44`4,4,
Ca.'0•1�� rive/La :, ,
?� 4� '��� . Lane Development/Extension of landscape completion
date y.�•y"5�[ 6A) Com anies)
•�:�f�F`p��-02-06 Jipp
MOTION CARRI
0
'yi4t�9",,r�-,' •
Mayor Loomis announced that in addition to the Town Council, the Town Manager, the
y
Town Attorney and the Town Clerk, Finance Director David Andrews would also be
present for all three items, Police Chief Danny Sharp would be present in Executive
Session for Item 1; John Brady, Outside Legal Counsel from Chandler Udall, Attorneys
at Law, would be present for Item 2; and Brad Woodford, Outside Legal Counsel from
Moyes Storey, Attorneys at Law, Community Development Director Brent Sinclair,
Planning and Zoning Administrator Bryant Nodine and Town Engineer Bill Jansen would
be present for Item 3.
MOTION: A MOTION was made by Council Member Parish and SECONDED by
Council Member Carter to go out of Executive Session at 6:46 p.m. Motion carried,
7-0.
01/05/05 Minutes,Town Council Regular Session 2
RESUME REGULAR SESSION AT OR AFTER 7:00 P.M.
CALL TO ORDER 7:00 p.m.
ROLL CALL
PRESENT: Paul Loomis, Mayor
Paula Abbott, Vice Mayor
K.C. Carter, Council Member
Conny Culver, Council Member
Helen Dankwerth, Council Member
Barry Gillaspie, Council Member
Terry Parish, Council Member
PLEDGE OF ALLEGIANCE ,0
Mayor Loomis led the audience in the Pledge of Allegianc ogit
x?5;%UPCOVINMEETING ANNOUNCEMENTS '
;`
Miltr
'4Ya.l
Town Manager Chuck Sweet reviewed the upco y, % - e s and events. He also
announced that the Town Hall complex would be cio-,,c,:wo J anuary 17, 2005 in honor of
Civil Right's Day. : F:J::'. •
.��.,.l�r`.i$'.Cfr.,/!!<Y//N�"o�/..Ff
'N'J":.':c..�/y'<w..;4f•�%�.i:y...r'>:.
Y'/rl/r.:Nr:".�,/'.0 fi`f,/f.'.'SL�C'4`�`:...
COUNCIL REPORTS—No reports. +aar
rr . Y'
'yti•� :.,::,Y
y
DEPARTMENT REPORT
ry `"`y ,g !cle Road
Town Engineer Bill Ja .-4t���� eport;�r��, . .the Irr�: Improvement District(GRID)
construction would be i"-+- '"' ' .: m :''�o ''`'" '
f t Y uary.) He stated that initial meetings
would be held wit the ax " ses in the construction area and Town staff would
continue to ke-=N -sse--`%„4;t...ublic informed durin the process.
.
TOWNi.. ::rrfrr.GER'S ' .I RT..
.dfF'. Yf... �.%.
e.
Town Manager , 7:.¢ reported that the Town is establishing a collection point for
items for the tsuna" 9r quake victims. Items will be collected at the Oro Valley
Public Library during'ormal business hours and then the donated items would be
transported to WorldCare in Tucson and sent to the victims.
ORDER OF BUSINESS: There being no objections, Mayor Loomis moved Item 14 up
on the Agenda to follow the Consent Agenda. He also moved Item 2 to follow Item 4.
CALL TO AUDIENCE—No speakers.
1. CONSENT AGENDA
MOTION: Council Member Dankwerth MOVED to APPROVE the Consent Agenda as
presented. Council Member Gillaspie SECONDED the motion. Motion carried, 7—0.
A. Minutes — 12/01/04
01/05/05 Minutes,Town Council Regular Session 3
B. Resolution No. (R)05-01 Authorizing the Oro Valley Police Department to
Oversight accept the Council on Driving or Operating Under the Influence
Abatement Grant Funds top urchase Audio/Video Recording Systems and
Lighting Systems for the DUI Units in the amount of$14,954.00
g g
14. PRESENTATION OF TRAINING GRANT AWARD BY THE
DEPARTMENT OF COMMERCE TO VENTANA MEDICAL SYSTEMS, INC
Economic Development Administrator Jeff Weir reported that the Arizona Department of
Commerce has awarded Ventana Medical Systems, Inc. (VMSI) a Job Training Program
grant in the amount of$443,248. He explained that VMSI must match the grant amount
and the monies would be applied to assist existing employees in a e y s plishing training
"mss 1t
and skill enhancements necessary to retain their jobs. Mr• Weir,,,/ introduced Arizona
Department of Commerce Deputy
Director Joe Yuhas.
::y •
X�: F `''` presented
! and Ma ��' orris
Mr. Yuhas, Senator Pete Hershberger, Senator Toni He$ ,,
x .r, fir,;.
�y'r. i�
'i$' 'f�'.,'/.�.'� X.•:}iy:i:i}}fir.
Wri, '."offs�i:"'G y4:✓..the Job Trainin Program grant check to Mr. RoHuman Re � s Director
for VMSI. ;00/
1,04: .:.,! .
r,•!4�.„fix//,>,r :%y: .
Wc4
Mayor Loomis thanked all those .responsible and co ated Ventana Medical
Systems, Inc is;N,
"%Mx
"'.>.y,
• A• ;."� .S N RACE DIRECTOR,
ok
3. PRESENTATION FROM TU • 1J;` J
r
,r�J,:r: rr r RELAY
.��' ����THON AND
PAM REED, CONCERNING THE R f4 `,`
(Ms Reed was not presen e Co on the Marathon. This item will be
moved to a future agen• II, r
`wrfr i" :, rJ`,v/J '"ro:"%�r 1. � �•r•^,
' .+i/M .: .:?;�4 o..r/'��` �'"'•,'.h lir.
! Yr�'41:f /ir: '"r.5't}y ��'
ICODR. A JY
4. PRESENT 4, :fliNE MARIE McCARTEN, PRESIDEN
71
CONCERNI ;, r : ;. O :::.v ITY COLLEGE; NORTHWEST CAMPUS
f, }%7/r:`•r
rf rif/:tii/r f'
Dr. Anne "? -``z cCarte .:esident of the Northwest Campus of Pima Community
iyM.. Powe{ nt presentation on the Northwest Campus. She detailed the
College, rev -�"� 7,�i
campus servicesf ? $1:51.`ture highlights of the campus and explained that enrollment
was at 82,000 cre e ,;:t .-: non-credit) students. She further asked what the College could
further do to serve Orb Valley and offered to take the council members on a tour of the
campus.
2. ELECTION OF VICE MAYOR
Council Member Culver NOMINATED Council Member Gillaspie for the position of
Vice Mayor. Council Member Dankwerth SECONDED the nomination. (No further
nominations were presented.)
MOTION: Council Member Culver MOVED to ELECT Council Member Gillaspie to
serve as Vice Mayor from January 5th through December 31, 2005. Council Member
Dankwerth SECONDED the motion. Motion carried, 7—0.
01/05/05 Minutes,Town Council Regular Session 4
5. SELECTION OF COUNCIL MEMBER TO SERVE ON THE INTERVIEW
PANEL FOR THE ORO VALLEY HISTORIC PRESERVATION COMMISSION
Town Manager Chuck Sweet explained that on December 15, 2004, the Town Council
passed Ordinance (0)04-45 authorizing the establishment of the Oro Valley Historic
Preservation Commission. The Ordinance included the establishment of an interview
panel which was to include a member of the Town Council, the Town Historian and the
Community Development Director.
MOTION: Council Member Dankwerth MOVED to APPOINT Council Member Culver
to serve on the interview panel for the Oro Valley citizens' interested in serving on the
Oro Valley Historic Preservation Commission. Council Member PA:1,11 SECONDED the
motion. Motion carried, 7— 0. 4,wvf
:lfy
6. DISCUSSION AND/OR POSSIBLE ACTION '41,,e'",
of rfY/
� :y. THE
ADDITION OF A PARKS AND RECREATION A PAA, OR
Y :' r,.1 MEMBER
TO SERVE ON THE INITIAL INTERVIEW P 4
• "f FOR THE (WAVALLEY
HISTORIC PRESERVATION COMMISSIO %`f,` .r
.yam� /4t,
NA,010':* ?.iTown Manager Chuck Sweet explained that on Dece ff ", 5, 2004, the Town Council
passed Ordinance (0)04-45 authorizing/. - 11,- ,. 6' �: e Oro Valley Historic
Preservation Commission. He ex laine a .b.�;� s y,;a uent teltde' December 15th meeting, a
p flay g,
request from Council Members Parish an P . 1 a 0: 4ry �r. ought forward to consider
addinga Parks and Recreation Advisory : +7> .t r: 4 . .ember to 1
�. also serve on the
interview panel. leCatir
At"'".". Yi7;::r. cej
:S'!•i�
Discussion followed rea ' •
�%'" i f';in'%r
g ' ".; � 1;V-interview panel members (includinga
• The original Ori y�������- v��,�,�.�� :,��� Ly-%,
member of ' B) P:Vit, embers (not including a member of PRAB.)
(CM. 'rz'rry'%%xi;...♦.vim j" r1J�r`if'�,.. .rj_?'?�// ''.
• BeiF .lFovl mp1441-`'iwitg'W•,cel •!•
ncil Policy regarding the Interview Committee for
To �:' �.oards an , mmissions consisting of one Council member, the Chair of
-rethe B �
.,f, Corn �Ati,� ion and a staff member(over the specific department.)
(C.M.
f •
• No intent ti` 5� nyy one out" only an effort to comply with Policy. (C.M.
Culver)
• Discussion and debate on issues regarding the adoption of Ordinance (0)04-45
took place on December 15th. (Mayor Loomis)
Mayor Loomis opened the floor for public comment.
Tom Honebrink, Chair of the Parks and Recreation Advisory Board, stated that the
recommendation from PRAB to Council had been that there be a relationship between the
Historic Preservation Commission and PRAB as it applies to the establishment of the
Commission and as to how PRAB would be involved in the interviewing of the
candidates of the Commission. He stated that once the Historic Preservation Commission
was formed and in place, PRAB would "step back". He also explained that they had
recommended that liaisons from PRAB to the Commission (and the Commission to
01/05/05 Minutes,Town Council Regular Session 5
PRAB) be assigned and both liaisons would be without voting privileges. In response to
a question from Mayor Loomis, Mr. Honebrink stated that the liaisons would serve as the
Council and/or Chair saw fit. However, he expected that they would give input on
"related issues"but they would be non-voting liaisons.
MOTION: Vice Mayor Gillaspie MOVED to add a Parks and Recreation Advisory
Board member to the Historic Preservation Commission interview panel. Council
Member Abbott SECONDED the motion.
Discussion followed regarding:
• Commend PRAB for their work. (C.M. Abbott)
■ Good solution to propose the"no vote" liaison. (C.M. Abb o �3
A,
,f
communications between Boards/Commiss'. $ '"`V.M. Gillaspie)
• Foster good u
Counc'
• Subsequent action can take place to readdress �� K,���6F�r.on how
•appointments are made to Boards and Commission-: o : 4 At esires. (Mayor
4
pp .x:
' Abbott.) �� f"'r.::•n•.•r'ri..,.;;
Loomis in response to C.M. ` !
%•••, �;fir��r,.rl!,,��,�/•?:
• See PRAB and the Historic Preservation Co fir" ion"dovetai < ¢.5%y n issues in
the future but expressed concerns regardi � � ; ing 4 N.� cedent wh re one citizen
p � r
advisoryboard selects members for anoth=` ir, visory board. (C.M.
Culver) "'`" r •
• Have a Joint Study Session with : ; : and the • .•c Preservation Commission
to establish a work plan. (C.M. :5 "{
■ Apologize that PRAB was ongin:f f�•r"r rcu •4g14, nterview Panel for the
Historic Preservation Commission. 0,1:1,!17'o'W politics involved in the
Historical Preservatio' s issioViAl3RAB. (C.M. Parish)
`` ,.. %r ,endent committees and commissions.
• This would set a p i
een��• ��; -n ��'N�r�
��"ident p� �.e,brintf i•rward a plan for the Historic
PRAB was task �. .� �
9 >,• as completed byPRAB who identified that
Preservation Co `� •r `� p
• 'tte:�=°�r: id act ince endentl Bringing these two groups
these two c i :;,, p Y g
to ethe coy this. (Mayor Loomis)
:r.r'y"v!.f•r�;:::�iil:iP/i : ,j�.kfcrlrY.✓w•`/.N
<
MOTION f6C, ' 'Vfe,
/
.'.
EID 4—. ith Mayor Loomis and Council Members Culver and
D ankw erth o "" , •
Mayor Loomis rec-•<4;:it : e meeting at 7:50 p.m. The meeting resumed at 8:00 p.m.
7. CONTINUED PUBLIC HEARING—ORDINANCE NO. (0)04-13
REQUESTS APPROVAL OF A REZONING FROM R1-144 (LOW DENSITY
RESIDENTIAL) TO C-2 (COMMERCIAL DISTRICT) FOR A SITE
COMMONLY KNOWN AS THE ORIGINAL STEAM PUMP RANCH,
LOCATED ON THE WEST SIDE OF ORACLE ROAD (DIRECTLY ACROSS
FROM EAST HANLEY BOULEVARD AND THE FOOTHILLS BUSINESS
PARK)—NORTH OF THE HOME DEPOT SITE AND SOUTH OF THE
PROPOSED STEAM PUMP VILLAGE DEVELOPMENT, PARCEL NOS. 220-08-
OO1C, 220-08-001F, 220-08-001F, 220-08-001G, 220-08-001K, AND 220-08-002A
Community Development ment Director Brent Sinclair reviewed an aerial photo of the site.
He then explained that on February 3, 2004, the Planning and Zoning Commission
01/05/05 Minutes,Town Council Regular Session 6
recommended denial of the rezoning of the original Steam Pump Ranch site. Since that
time, the applicant, the applicant's design team, Town staff, Pima County's Cultural and
Historic design team and State advisors have met to work on a tentative development
plan that would protect the historic site and yet make it amenable to the surrounding
properties. Mr. Sinclair stated that progress has been made and a concept plan has been
agreed upon; however, the revised concept plan is very different than the original
application. Therefore, staff is recommending that Council deny the application as it
stands and then the applicant can begin a new process (apply for a Planned Area
Development (PAD) zoning or become an extension of the Steam Pump PAD.)
In response to a question from Mayor Loomis, Michael Naifeh, 2863 N. Calle Ladera,
applicant, stated that he understood that if the item was not approv=.:rx y the Council, it
would then be up to the Planning and Zoning Commission as to:i,: ?.- er it could be
brought forward again in the next year. `' ':.
�"v;�Y/it/%�"•
1r �r f.e;
%f�''•; '%r�is y�.Vii,:
�,i'
,; y kbli
Mayor Loomis opened the public hearing. There bein: peaers,-,: c hearing
5vvfwas closed
;pap-
;#4;:r
rf
MOTION: Council Member Abbott MOVED to yy,' .• "•
}�:-,• Ordinance No
(0)04-13given the comments from Mr. Sinclair ant :'on the actions bythe Planning
rr
• r D the motion•
and Zoning Commission. Council Mem►: �;;.:.ulver SE � ��!
M frii ri`i:lY: i`l jiy{/
lyy,..W01%.•:.:.
�mvIn response to a question from Mayor Lo r�! �: -
nying the request verses
"tabling it indefinitely", Acting Town Att ,attiri-J41 es stated that there were no
legal issues to be concerned •'"�{!r'.,.�.�: '
A°,77-'7,V;7%,
yqf
AMENDMENT �n/ `���"�
T O T • oun ember Parish asked to add wording to
•�` `--/y/; � X `the Motion thatThe CoC ���€t�% y � � mrti .•t the Planningand
Zoning
Commission
look at the item fa ,.bl i =:' em is resubmitted•" Council Members Abbott and
Culver agreeda 4',r /moi h 4 •m i-1"of!!+
Vice Mayte•.iaspie sug..//ri�'rrrrli!.P^:r•.:
y-
d
that the criteria that the Council is looking for be
referenced (b..q521,!‘n the f-yN) gs from the Planning Commission.) He stated that
this
would ve ithe .
g , � ,*-4triv e direction if he does bring the item back.
Council Member Cul commented that the new proposed conceptp lan seems to be
consistent with the vision for Steam Pump Ranch. She stated that she hopes that those
designs continue to move forward whether the property is brought back as part of the
Steam Pump PAD or whether it is brought forward as a new application. She stated that
she felt that there was a good working plan and substantial progress has been made.
AMENDMENT TO THE MOTION: Vice Mayor Gillaspie asked to amend the motion
and include the wording "If the item is resubmitted, it must address Items 1 —6 of the
Planning and Zoning Commissions factors for recommended denial." Council Members
Abbott and Culver agreed to the amendment.
MOTION AS AMENDED, carried, 7 —0.
01/05/05 Minutes,Town Council Regular Session 7
8. PUBLIC HEARING- ORDINANCE NO. (0)05-01 EXEMPTING
RANCHO VISTOSO NEIGHBORHOOD 3 FROM PORTIONS OF THE
RANCHO VISTOSO PAD SIGN REQUIREMENTS AND TO BE REGULATED
UNDER THE ORO VALLEY ZONING CODE REVISED, CHAPTER 12, SIGNS,
LOCATED WITHIN THE RANCHO VISTOSO PAD,BORDERED BY
TANGERINE ROAD, ORACLE ROAD, RANCHO VISTOSO BOULEVARD AND
BIG WASH, PARCELS 219-20-8280, 219-20-8270, 223-02-023A, AND 223-02-021A
Community Development ment Director Brent Sinclair reviewed an overhead map of Rancho
Vistoso Neighborhood 3 and explained that the request for exemption from the Rancho
g
Vistoso Planned Area Development (PAD) sign requirements is for Neighborhood 3
only.
Dick Maes, 945 W. Vistoso Highlands, representing Vistoso.. .`7 ./, stated that they are
g p
000 j/yam.f
requesting a modification to the monument signage at the % £� e Industrial Park
q � n �.��
��ary��; ould be �`�'� � design
alongInnovation Park Drive. He explained that the si• -x:'-- '''y ex
(verses concave design) and made from the Rancho r '�•:';f¢i so stone for c���.f. ? ity.
He
��mss..
,gr
further explained that in order to add a"high tec 'riff"t: 'r gnage (at Ce re uest of
p g to t� g gq .
the tenants of the Industrial Park, they are propo a rusted steel plate in the
•
'WOW`fix,.
center of the signs and usingbrushed aluminum lette F e further explained that there
r�f�
would be a total of four (4) signs, two at..' � : o Vistos ;, evard/Innovation Park
Drive and two at Tangerine Road/Irmo 3 ! •ve• ;/.''` :
s9 �dv..i'r l x''J'•e
%�:. !. `^'..:%'�1l•//'..'CGf'/fir..`�''h'
.//ifiCgJyp %;C;rf4'� /rf yn/lrr"•.•.r,.:
r"/•J'•r-: /iice:%Y ,!r> h'!/:..,r//i>'
Territorial Signs, reviewed an ,�.`p"�k r= ' tation of the proposed signage.
Bill Fields, Tetir
, p'>c.i°/''�.yip-'i:'
Mr• Sinclair reviewed: ,.¢"rr - ♦!♦!♦!��'I��.�/i! % "
Factors for the a 1• ��
iy'
• Convex shape,b . y g � , a t=rs and rust-colored panel provide a unique
r+"`4 � 110 Vi
form of si• !. •e for Innovation Park Drive.
• The b "" u '` d match Ventana Medical and Integrated
�% '' i-'��•' � .,
Bio
,y% .ri.
� - y ,: lesi• ¢ /
%J.G.
• Th ' l u:. cant wo / •ntinue to use the Rancho Vistoso stone, creating a degree
1,�J•'z
z Rancho Vistoso PAD
��' ` ' ��"�5 -st of the
of ha x.�y `•.,.� with t x
• "Existin Di ithin Neighborhoodhborhood 3 support the amendment.
: '
• The Develoeview
Board recommends approval.
Factors against the application:
• The recommended increased size presents a lack of compatibility with signage in
the surrounding areas and signage within Innovation Park Drive (Addressed in
Exhibit"A")
In response to questions from Mayor Loomis, Mr. Sinclair explained that this is not a PAD amendment; it is an exemption from the PAD's sign requirements. He also
confirmed that this request is a special case for these particular monument signs in this
particular Neighborhood.
p
Mayor Loomis opened the public hearing. There being no speakers, the public hearing
y
was closed.
01/05/05 Minutes,Town Council Regular Session 8
MOTION: Council Member Parish MOVED to ADOPT Ordinance (0)05-01, OV3-04-
11, PAD Exemption for Rancho Vistoso Innovation Park Drive, with the condition listed
in Exhibit in"A."
EXHIBIT "A"
1. The size of monument signs is subject to the Rancho Vistoso PAD requirements.
MOTION SECONDED by Council Member Dankwerth.
In response to a question from Mayor Loomis, Mr. Maes verified that the request is only
for four signs at Innovation Park Drive (2 at the north end at Rancho Vistoso Boulevard
and 2 at the south end at Tangerine Road.) ;f
after
MOTION CARRIED, 7 —0. �/`j••
r l'414:5‘-
9.
4:"mac;9. PUBLIC HEARING—ORDINANCE NO. (0 ; .-12 AD G THE
EMERGENCY OPERATIONS PLAN IN ORDS PARTICI ' :40 IN THE
EMERGENCY MANAGEMENT ASSISTAN ' • {.. 'ROGRA • AND
D
�•
ice.-
REPEALING ALL RESOLUTIONS, ORDIN•:r ;:: .%.,,. .t":� :�D RULES OF THE
TOWN OF ORO VALLEY IN CONFLICT TH , •x.� TH• PRESERVING THE
RIGHTS AND DUTIES THAT HAVF �, 'EADY ;a " fH RED AND
PROCEEDINGS THAT HAVE ALRmittrf•.,;, UN EUNDER AND
DECLARING AN EMERGENCY TO d ` "
„Nmi,i
¢r'..rte•,,%: iv. >• r
Police Chief Danny Sharp st. "� $ ' I,,:, Ordinance (0)05-02 would u date the
"������ .adopt� ���..� �
Town's Emergency Opera,,:. z4v ,s: d wo ��ring the Town in compliance with Pima
..:•��that �� ��.
Fe. :1 requirement and would also allow the
County's plan. He exp ����;��a :���:. �;s,,
•'�',�•�...i.,.`iri;,� �f
Town to take
advantage""��-0), f�� �: °�:. 2. should a disaster occur. Chief Sharp
d ���
further explained t 'imaF provided '
p s", �., the Police Department with $10,000 for a
y` F owns Plan. Adoption of the Plan would then allow
consultant to r- :��, �;�,y��.��?..�da �� � own's
Police 130,441m'''
. �s`f.i' ent 4 for Rti . onies back.
In response t: ,stion y>6 �- V• 1:6‘ ice Mayor Gillaspie, Chief Sharp explained that Town
departments do����"
y�y;�;• S�r&r•� '
p ,r s_;:i. ents in different areas. He explained that this is Phase I of
•the ultimate plan, ,',M,ase II being to train staff and Phase III would be to exercise the
actual Plan so that ev= one would feel comfortable in their roles and responsibilities.
In response to a question from Mayor Loomis, Chief Sharp explained that it is
recommended that the Ordinance be adopted with an emergency clause because Pima
County is trying to close out their books and the Town wants to make sure that monies
are distributed back to the Town before that occurs.
In response to a question from Council Member Abbott, Chief Sharp explained that
organizational charts exist at the State level and he would have an Officer check into
getting copies.
Mayor Loomis opened the public hearing. There being no speakers, the public hearing
was closed.
01/05/05 Minutes,Town Council Regular Session 9
MOTION: Council Member Abbott MOVED to ADOPT Ordinance (0)05-02, adopting
the Emergency Operations Plan in order to participate in the Emergency Management
g Y p
Assistance Grant Program and declaring an emergency to exist. Council Member Carter
SECONDED the motion. Motion carried, 7 —0.
10. PUBLIC HEARING—ORDINANCE NO. (0)05-03 RECREATIONAL
AREA IN-LIEU FEE PROPOSAL FOR THE UPLANDS AT LAMBERT LANE
SUBDIVISION, LOCATED 1/8 MILE WEST FROM THE INTERSECTION OF
LA CANADA DRIVE AND LAMBERT LANE WITHIN THE EL
CONQUISTADOR PLANNED AREA DEVELOPMENT, PARCEL 224-24-1570
Community Development Director Brent Sinclair reported that `- al plat was
Lambert Lane subdivision bythe � N� Council on
approved for the Uplands at ,���
condition of the f���y` 1. �-,.�•1�.that an in-lieu fee
December 15, 2004. He explained that a o ! f
p
%7 `�� '��'! ordation of the
bythe Town,,,,14 ncil rio '. . s �.
proposal for this subdivision be approved .' p
ria used when .,'x s denng plat. Mr. Sinclair then reviewed the evaluatio ,!`�AP" -#*"`
, '." g
°at b•- on thea aisal report of
alternative recreational area proposal. He explai p p p pp p
����• �p"� � -�������e proposed in-lieu amount
the property and the formula used to determine in g ,;„ ,f,f,.
nriPtP.
for the recreation area is $33,100• He stated that the-ttilKosies would be used for the
West Lambert Lane Park
/
ff��� �`� " '"y�� ce Director David Andrews
In response to a question from Vice Ma . ,...rw "�"may"`
stated that the in-lieu fees are accounted f• , 4 , ,����" 1 ar eine item in the Budget.
if'<>•!.u:li,:r;%ye,..: Fri%.l'Nb::!'•
Mayor Loomis opened the
fr, ..;v4n o fi' a•
' :.:.
��J��J,,��
diftW 4w,
Bill Adler, 10720 N. Ea_`h CC - i aLrff " at he has always been opposed to in-lieu
formula a ron ould never create enough money to approach what
fees as the o _ r ,,,
? `'' !� N.m rove it with the necessary amenities. He stated
would be requ .:��y�;�' :.��� �v n� ���..��; mprove
: �' � whether the
that it was " . din . .inu .cce t in-lieu fees and he questioned
monies ha°ftet all bee . aside or mixed with General Revenues. He stated that the
tok,,in-lieu fee fo TakijneedetAose substantially revised as it was inadequate and wrong.
"Oir
Mayor Loomis clo''`<r' public hearing.
gy4x
In response to a question from Council Member Dankwerth, Mr. Andrews further
explained that they account for in-lieu fees in the General Fund with a segregated account
code. He explained that they have not been ear-marked for any specific purpose in the
Budget.
Council Member Parish commented that there were problems with the in-lieu fee
formulas and the Zoning Code needed to be addressed. However, this request should be
approved as that is how it is currently set up.
MOTION: Council Member Parish MOVED to APPROVE Ordinance (0)05-03,
recreation area in-lieu fee proposal in the amount of$33,100 for Uplands at Lambert
Lane subject to the condition listed in Exhibit"A."
01/05/05 Minutes,Town Council Regular Session 10
EXHIBIT A:
1) The $33,100 in lieu fee must be submitted prior to the release of more than five lots.
Council Member Abbott SECONDED the motion.
Council Member Abbott commented that she agreed with Council Member Parish and
stated that she would also be requesting that these items be addressed at a future meeting.
MOTION CARRIED, 7 -0.
11. PUBLIC HEARING-ORDINANCE NO. (0)05-04 R ,Corr. TING TO THE
PRIVILEGE LICENSE TAX; ADOPTING "THE 2002 A ENTS TO THE
rtv
TAX CODE OF THE TOWN OF ORO VALLEY" BY ' � ".... NCE•
PROVIDING FOR SEVERABILITY AND PROVIDI IES FOR
VIOLATIONS
Finance Director David Andrews explained that 47,P,:zz n ;,po �,�, es and to s that Impose
local sales tax have ado ted the Model Cities Tax�' l - „ .
p � ,41V-tated that adoption of
-1,09
Ordinance (0)05-04 would incorporate tax code am si
is into the Town Code as
proposed by the League of Arizona Citie,A-1,I,4 Towns
f,
.
vir
lfYlf���lfr•i/"j1¢'f%':}rrfi .f* .
Mayor Loomis opened the public hearin:r• f er� �A::: } K �peakers, the public hearing
9 y 7
•%6{.'.,li/� J�f�'%i. air.,
was closed %/`" ,.
• �'i.'•Y4vrte
N li•,:nki
..•mss,'",
011,464, '"moi'10
MOTION: Council Me �:�w ,- a f ..":rth M . / D to ADOPT Ordinance (0)05-04,
adopting the "2002 A t,1Wents r s ax e:.e of the Town of Oro Valley, Arizona.
gue ;
� 'ion• Motion carne
Council Member Culver••401:131,41. � � � 4�ys�.-:�� d 7-0.
'r(�•:;1:li moi.:?' ;!,•^'
.,/,.f,�f7 /f
"1444:- /� i// '`ter•.
12. CONS . �, � :2 � �.
N . . 1 v,,O R POSSIBLE ACTION REGARDING TOWN
COUNCILOW', Y,. SO "- G � TS TO BOARDS, COMMISSIONS,
... AND
OUTSID 6 . NCIES
J•
Mayor Loomis G=` 1,'s�- t the last liaison y , v.,,::r, assignments were for a two-month period
' .,rx a'`onths
and it has now bee - ;- :;
Fy •
Discussion followed regarding the Council members' interests and desires for liaison
assignments and possibly sharing liaison responsibilities.
MOTION: Vice Mayor Gillaspie MOVED to approve the following list of assignments
effective January 5, 2005 through January 4, 2006:
Planning and Zoning Commission Barry Gillaspie
Development Review Board Conny Culver
Parks & Recreation Advisory Board Terry Parish
Budget & Bond Committee Helen Dankwerth
Water Utility Commission Paul Loomis
Police Department Terry Parish
01/05/05 Minutes,Town Council Regular Session 11
MTCVB K. C. Carter
GTEC Paul Loomis
GTEC Alternate K. C. Carter
Chamber of NW Pima County Conny Culver
Legislative Liaison Helen Dankwerth
Pima Assn. of Governments Paul Loomis
Pima Assn. of Governments Alternate Barry Gillaspie
Amphitheater School Dist. Liaison Paula Abbott
Historic Commission Conny Culver
Council Member Culver SECONDED the motion. Motion carried, 7—0.
13 FUTURE AGENDA ITEMS
Atz,,
'��yf y •� � $�� hanges to the
Discussion followed regarding a dedicated account for in-i!•, ee r .
fees. 713V!,',
ZoningCode regarding in-lieu
��{{4 r�� to . �°` de a memo'andum giving
Mayor Loomis asked Finance Director David Ane' s : •¢.
• (��� +��"l��f llected to date and asked
the Council an accountingof the in-lieu fees that 1..a ,.,•v`.: s "
f
submit thee-.4"' ed form for Future Agenda
that Council Members Abbott and Parish
��; ���� � in-lieu fees in the
etc.>> "�� din cha ,� the
items that identifies specific actions, ;,, g ;
ZoningCode. (Vice Mayor Gillaspie st` , rA� !:.work with Council
"19P4r1; 0,Members Abbott and Parish on defining � .. r/�y g in-lieu fees for parks.)
03„pie
(These items will come back !` },�•-ment . ture agenda when ready.)
�`.'".���;. rte• ,!
tFOLLOW THE
14. (ITEM 14 WAS Mt-12'P', D •" V HE AGENDA TO O
SNDA ��r` � ,,. �..y
CONS `����� , y�f ��"-�• � �.;�:�.
ENT AG ) :!.
f4 if'r
CALL TO A i ,1;x a"
gx-
ADJOU lay"
• AKO!" : `'''`•s made Vice Mayor Gillaspie and SECONDED by
MOTION. � � by
Council Member •`:1$/ R o adjourn at 8:55 p.m. Motion carried, 7—0.
7�
Respectfully submitted,
Roxana Garrity, CMC
Deputy Town Clerk
01/05/05 Minutes,Town Council Regular Session 12
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 day of 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
Town Clerk
f r• .
Agar
r.>
'�.=fail,✓,•:u'
Oa
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."
C4: r
Iteror
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Ve-f;/-•
IN.�
MINUTES
JOINT STUDY SESSION
ORO VALLEY TOWN COUNCIL; PLANNING AND ZONING COMMISSION;
AND
GENERAL PLAN UPDATE REVISION COMMITTEE
JANUARY 13, 2005
ORO VALLEY COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
STUDY SESSION: AT OR AFTER 6:00 PM
CALL TO ORDER: 6:05 p.m.
ROLL CALL
PRESENT:
TOWN COUNCIL: Paul Loomis, Mayor
Barry Gillaspie, Vice M.
Paula Abbott, Counci ber
K.C. Carter, Counc. -mbe
Coney Culver, Cou 4 R r
Helen Dankwerth, Co ember
Terry Pari •uncil Me
PLANNING & ZONING Don Cox, k
COMMISSION: John Annie: al
cKe- missioner
e tany, ♦ issioner
Ke .. -d missioner
EXCUSED: Manross, Commissioner
GENERA N 20 r
UPDATE I l SION
COMMITT :ill Adler Teree Bergman
Carl Boswell Don Chatfield
Robert Delaney Carl Kuehn
Melanie Larson Doug McKee
Rosalie Roszak Pat Spoerl
Ed Taczanowsky
PRESENTATION OF REVISED GENERAL PLAN UPDATE
Community Development Director Brent Sinclair reviewed the background of the status
of the General Plan and reviewed the timeline necessary to re-submit the General Plan
back to the voters by November 2005. Mr. Sinclair reviewed the following amendments
AIN recommended by the General Plan 2004 Update Revision Committee:
01/13/05 Minutes,Joint Town Council,P&Z Commission& 2
General Plan 2004 Update Revision Committee
• PROPOSED ITEM ADDRESSED
AMENDMENTS PER COUNCIL MINUTES
DATED 09/20/04)
Page 10 Major Amendment Issue Item A
Page 11 Minor Amendment
Page 11 Table 1: Matrix
Page 13 Adoption of Amendment Issue Item A & B
(Four Findings of Fact)
Page 16 Paragraph entitled Goal Issue Item C
Paragraph entitled Policy
Discussion followed regarding the word"portion" and wh. -ig •
id be given to it.
(Listed on page 13) of the General Plan Document, an. I, the Ge 'lan is
"general" in nature. Therefore, each development w' looked at in • t the time it
is submitted and then mitigate any issues at that t'
Discussion followed regarding whenever there is an sion, always review the
"Community Values" listed at the begi •f the Gen. • an Policy Document. The
P & Z Commission's task and the Tow sk wi evaluating theapplicant's
• interpretation of how they have met this t a`. •ey have come to define that
criteria.
In response to a question . e or Gil 'e, Mr. Sinclair explained that the market
demand is vague in to ► its s.• but clear in its intent, which is "show me
market wise, why there i •- r community."
Don Chatfield - si: • him that either by procedure or amendment of the
Zoning Cod rezoni •mi equirements, the Town could require standard
market an. etrics th taff could double-check.
Discussion folio -s g market demand and how this is accepted bythe
p
community; how `ond use is forecasted and asking for detail of theJ ro'ect during g a
General Plan Amend ent is not appropriate.
Mr. Sinclair stated that the reason language was added regarding subsequent zoning and
development processes was to show that it is not part of the General Plan process, but
that it is a subsequent process. He stated that there will be a means of mitigation while
the applicant goes through the process.
Mayor Loomis pointed out that no matter how specific the Town tries to make the Plan,
someone will always criticize the Four Findings of Fact and will always have a different
• interpretation of those Facts.
01/13/05 Minutes,Joint Town Council,P&Z Commission& 3
General Plan 2004 Update Revision Committee
Bill Adler stated it is imperative that issues be confronted at the earliest possible stage
and that the applicant is entitled to know what he is up against and that he will be
expected to address those concerns throughout the entire process.
PROPOSED ITEM ADDRESSED
AMENDMENTS PER COUNCIL MINUTES
DATED 09/20/04)
Page 19 Land Use(Annexation) Issue Item J
Page 20 Community Identity Issue Item J
Development Diversity
Page 21 General Land Use Issue Item D & .
Land Use & Air Quality
Page 22 Policies •
will be added to Land U• tion 21 in Str.
g
help define transfer of Imp • tati• an
Densities
Page 25 Significant Resource Are. sue Item
'Awl
Page 26 Delete Back-Up Designat )11p,
Mayor Loomis asked if ubli• d sch ould be added under emergency
Y p
service uses (page 23). 40.0
In response to a q spie s ie regarding cluster development, Mr.
Sinclair stated that t ter •` •ment does work in an effort to save desert vegetation.
Where develo• are 'tted, clustering is encouraged so that more
I
passageway- •e o dangered species and wildlife.
gewa Y p p • an g
Mr. Chatfiel• that t F ustering gives the Town a tool to protect sensitive
environmental a d h it will have to be balanced against neighborhood
s: g
concerns, the Com elt it was important to give that option.
John Aiming stated that the Town can encourage Neighborhood Commercial
Development, but that Town cannot ensure it (page 21).
Melanie Larson pointed out that there are some uses of"shall" and asked for a legal
opinion on some of the uses of"shall"that may not work.
Mayor Loomis called a recess at 7:30 p.m. Meeting resumed at 7:40 p.m.
01/13/05 Minutes,Joint Town Council,P&Z Commission& 4
General Plan 2004 Update Revision Committee
• PROPOSED ITEM ADDRESSED
AMENDMENTS PER COUNCIL MINUTES
DATED 09/20/04)
Page 33 Community Design No changes
Page 37 Revenue Generation Property taxes has been deleted
Page 38 Economic Sustainability Property taxes has been deleted
3.1.9 —new statement added Regarding annexation
Discussion followed regarding "adequate notice" for pre-annex. a reements, the
g
State Law requirements, the public process and logistics of a' tns andp re.-
annexation agreements. It was pointed out that State Law r e .nn.exation public
hearing before the Town Council. Current Town polic quires an . •nal public
hearing before the Planning & Zoning Commission o public hea .efore the
Town Council.
Discussion followed concerning adding a submittal • e prior to the annexation
deadline for all pre-annexation agreeme
41111 It was suggested that possibly the follow ..en - . be deleted "There will be a
PROPOSED M ADDRESSED
AMENDMENTS COUNCIL MINUTES
ATED 09/20/04)
Page 37 Issue Item P
Page 38 Issue Items L, M, P
Page 40 of De pment Issue N
Discussion followe ding the last sentence of 4.1.3 under Fair Share Allocation of
Costs. It was decide. at the last sentence of 4.1.3 "The Town reasonably wishes to be
satisfied that sufficient demand exists before authorizing a higher land use intensity than
present zoning permits" should be identified as a new separate Item 4.1.10 under Fair
Share Allocation of Costs.
01/13/05 Minutes,Joint Town Council,P&Z Commission& 5
General Plan 2004 Update Revision Committee
PROPOSED ITEM ADDRESSED
AMENDMENTS PER COUNCIL MINUTES
DATED 09/20/04
Page 58 Range of Opportunity
7.2.3 master planned communities
Page 71 Open Space &Natural Issue Item J
Resources Conservation
Page 87 Glossary Items C & H
Page 88 Glossary
Added definition"Trade"
Mr. Sinclair stated that this document does not yet refl-, e"shall 'ents" He
stated that since some of the"shall statements" wer- out at the P • nd Council
the 2020 Update Committee decided that . • .tem,= hat has "s'.11" in it as
level, p .
originally recommended bythe General Plan Stee R ttee shall be retained.
g Y
Mr. Sinclair stated that the two remainin al s for dis I include the Land Use
Planning Map and the Strategic Implem • am.
'41/ PRESENTATION OF GENERAL PLA RTICIPATION
INFORMATION AND ED INP r
Public Information Off• •ob ,► ated t on November 17, 2004 the Council
directed staffto
developation and education plan enlisting the
..
advice of staff, Re '•n Co ee members and Town Council. Because of the
magnitude oft►' to 4:: _ed the services of an outside professional consulting
firm to orga► .nd as to o a d eas into a workable coordinated plan. Zimmerman
and Assoc as the co tant chosen since they have significant expertise with
public educa d ballo oposition elections in this region. The Public Participation,
Information an• an developed by Zimmerman& Associates is
in y d addresses actions that are necessary from now until the
comprehensive
election. Overall, the . an contains many different types of actions that will require
hands onartici ation from designated staff, Mayor and Council, ex-Revision Committee
p p
members and community leaders. This plan is designed for the use of the Town, its staff
and its volunteers. It is not a plan for an Independent Expenditure Committee or a
Political Action Committee, although such a group may be organized outside the auspices
of the Town.
Key decision points are:
• All mail-in ballot.
• The decision to conduct the election via an all-mail ballot has fiscal implications
.411) as well as timing issues. The cost is more, however, greater voter participation is
01/13/05 Minutes,Joint Town Council,P&Z Commission& 6
General Plan 2004 Update Revision Committee
• assured. Since ballots are actually sent to voters a month in advance of the
election date, information and education efforts must be planned accordingly.
• Use of consulting services.
• The scope of this plan is much broader than can be accomplished by existing staff
resources. Therefore, it is recommended to enlist the services of a professional
communication/education firm to assist the Town in the implementation of the
Plan. Consulting services would include designing and packaging
informational/educational fliers, telephone information campaigns, display
advertising campaign,press kits, leadership meetings and other activities to reach
the greatest number of likely voters.
Carol and Pete Zimmerman, Zimmerman & Associates reviewed t Public Information
and Education Plan for the General Plan to be submitted to the l on November 1,
2005 and discussion followed regarding:
• Additional public participation opportunities in the o I Houses and
Public Hearings.
• Active public information efforts using diff- ed'a, meetings ilers and the
Internet.
• Ongoing public education and information with communitygroups,
s p ,
leaders and citizens.
• Communications Objective.
• Key Audiences—voters, news m *-ss c. munity.
• Creative Development & Position
• Communications Obje
• Key Audiences—v• medi.t ' business community.
• Strategies and ge- gui. es for t, evelopment of educational materials.
• Trust in Gove s eath the surface in every election and in
every community. Genera an Review Committee nears the completion
of its to n
.lore other opportunities to deal with issues such as
"trus • el in -d.
Mayor Loo ed that 'ublic Participation Plan and the funds allocated should be
brought forwar o action.
Mayor Loomis calle. recess at 9:00 p.m., meeting resumed at 9:10 p.m.
Mr. Sinclair stated that the General Plan Committee recommended removing the La
Cholla/Tangerine Growth Area from the land use map. He also stated that the Committee
voted unanimously to keep the 1996 General Plan Land Use Designations on the three
properties that were not considered by the Steering Committee,but were later changed by
the Town Council.
Mr. Sinclair and Mr. Nodine reviewed the revised Land Use Map showing the nine areas
affected by the Revision Committee as listed on page 31 of the General Plan Document.
Mr. Nodine pointed out that all back-up designations have been removed since the State
of Arizona does not acknowledge back-up designations.
7
01/13/05 Minutes,Joint Town Council,P&Z Commission&
General Plan 2004 Update Revision Committee
/SS Mayor Loomis asked that the Town Council minutes where the three properties - Maps 6,
Y
8 & 9 were discussed and chanes voted on by the Town Council be provided to the P &
hang
es
Commission and the Town Council.
Discussion followed regarding the importance of maintaining the public trust and
g
followin the recommendation of the General Plan Update Committee that the process
g
for an chap es to land use designations must go through the Steering Committee,
Y g
Plannin & ZoningCommission and the Town Council. It was pointed out that the
g
workin committee evaluated the land uses in their entire context of how they were
g
a lied at the time, not by a specific parcel. Vice Mayor Gillaspie suggested that one
pp
solution to think about regarding Steam Pump, would be that the cil could approve
the recommendations on the land use designations with one exc= to Steam Pump
that the intention of movin this area forward as a potential .ite.
g
followed re ardin the term "Complimenta se Dist ed to the
Discussion o g g
Im lementation Plan in lace of MUN and oncern with • .onfusion
Strategicp p
and disapproval of MUN at the last election. It w pial hat this Di rict was added
pp
because there is a need for uses that are complim- e not too dissimilar from
Task.
one is to define and develop. the C• I entary Use District in the
each other.
It was onted out that agood C entary ' trict can provide protection
future. p g
to neighborhoods and is a tool needed + th.
Iiii..._
Mayor Loomis summarized the outstanAIN
di
Y
• Definition for"portly
• Public Services i e aragr. ' .5.4 wording issues.
• Page 38 —loo equ. - ' - or pre-annexation agreements.
g
• page 40—add n- 1
• Identi k a -w "shall" statements that have been restored.
fy
• Haw- those issues to the P & Z Commission and ask for
- to hem . d make their recommendations to the Town Council.
th Zto
• M• Docum 'nto the 60 day review period.
• ene an Revision Committee of upcoming meetings, may not be
Noti
joint me provide input.
• Send copies changes to the General Plan Revision Committee.
any g
• Anychange from todayforward—receive the document so that any changes are
g
all "transparent." Identify any changes as it moves step by step through the
process.
• Any revisions from this point on be reflected (color coded) on the website
document.
• From this point on, new copies of this document with the "shall" statements will
be distributed to all on 1-14-05.
• The document remains "frozen"until it goes to. Planning & Zoning Commission.
41111N • Once the 60 days is up then the comments get ncorporated into the Document.
• P & Z holds their 2 hearings and then sends their recommendations to the Town
Council.
01/13/05 Minutes,Joint Town Council,P&Z Commission& 8
General Plan 2004 Update Revision Committee
• • Second revision would incorporate all the sixty day comments.
Mr. Adler stated that any changes that the P & Z Commission makes needs to be
concurred with by the General Plan Update Committee. He suggested that when the
Commission is considering the changes, those members of the Committee that are
available should jointly sit with the P & Z Commission. He suggested that in an effort to
speak with one voice, this Committee needs to be a participant in the process as the
Council indicated.
ADJOURNMENT
Council Member Dankwerth MOVED to ADJOURN the joint stuff ssion at 10:10 p.m.
MOTION SECONDED by Council Member Culver. MOTIO ed 7 —0.
Respectfully it
Kati . 0 1-r, CMC
Tow ..
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: February 2, 2005
TO: HONORABLE MAYOR & COUNCIL
FROM: Jim Hossley
Department of Public Works Operations Division Manager
SUBJECT: Resolution No. (R) 05- 05 , A Resolution of the Mayor and
Council of the Town of Oro Valley, Arizona, Authorizing The
Town to Submit A Prioritized List of Drainage CAPITAL
IMPROVEMENT Projects (CIP) to the Pima County Regional
Flood Control District.
BACKGROUND:
Pima County Regional Flood Control District personnel have asked
municipal jurisdictions in Pima County to submit proposals and
requests for funding of drainage control projects. The District is
convening a Capital Improvement Project (CIP) committee to review
and prioritize the jurisdictions' submitted drainage and flood control
project proposals. The committee will recommend the priority and
schedule for funding the projects. I will sit on the CIP committee along
with staff members from the other jurisdictions, the flood control district
and a member of the Flood Control District Advisory Committee.
Public Works staff provided a list of proposed drainage projects for our
community to the Stormwater Utility Commission. The list includes
projects to solve existing problems as well as projects to prevent future
drainage problems. Staff provided the Commission with background
information, possible solutions and cost estimates. The Commission
then prepared a recommended project priority for the Council's
consideration. The projects are listed below in order of their
recommended priority:
1. Oro Valley Country Club Estates area. This area has experienced
drainage and erosion/sedimentation problems for several decades as
no drainage control facilities were constructed with the original
subdivision. Therefore drainage flows in the streets and across
residential lots. A hydrologic study along with preliminary design plans
have been prepared for this project using Pima County Regional Flood
Control District funds. Many of the proposed solutions involve the use
of property within the Oro Valley Country Club golf course to intercept,
divert and infiltrate drainage water that otherwise causes flooding
problems to public streets and residential property. Estimated cost for
the project- $335,000.
1 TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 2 of 3
2. Saddle Valley/Logan's Crossing Subdivision. The southern portion of
this subdivision is impacted by drainage and sediment flowing off the
hillside to the south and over the dirt portion of Linda Vista Boulevard.
The sediment and drainage have caused property damage to several
homes. The proposed project will control sedimentation/erosion and
guide drainage flow to adequately sized drainage channels. Estimated
cost for the project- $440,000.
3. Shadow Mountain Estates Subdivision. This subdivision has
experienced flooding, erosion and sedimentation problems over the
past decades. The subdivision does have existing natural drainage
channels with drainage easements. Most of these natural channels
are too small to handle large flooding events and will overflow their
banks flooding adjacent property. The proposed project will deepen
and armor the natural channels to contain flood flows within the
channel banks. Estimated cost for the project- $360,000.
4. Lomas de Oro Subdivision. This subdivision was recently annexed into
the Town. There is a major wash that flows through the western
portion of Lomas de Oro. Erosion and flooding are two problems
experienced along this wash. The proposed project will armor the
wash bank and, where necessary, raise the banks to prevent over
topping. This project will also address sheet flooding that occurs along
the northeast side of this subdivision and the southwest portion of the
Rancho Feliz Subdivision. Estimated cost for the project- $350,000.
5. Canada del Oro Wash land acquisition/open space. This project is a
proposal for the Regional Flood Control District to acquire land west of
the La Canada Drive bridge. This land is not protected by a levee and
is subject to flooding by the Canada del Oro Wash. No flood protection
would be constructed. The land might be used for passive recreation —
hiking and equestrian. Estimated cost for the project- unknown.
6. Big Wash detention and recharge basin. This project is a joint
proposal with the Department of Public Works and the Oro Valley
Water Utility to construct a detention and recharge basin in Big Wash.
The exact location has yet to be determined, but will most likely be in
the vicinity of the Tangerine Road bridge over Big Wash. The basin
would function to minimize peak flood flows on the downstream portion
of Big Wash and perhaps benefit the Canada del Oro Wash as well.
The proposal will also serve as a pilot project on the feasibility of
enhancing recharge to adjacent Oro Valley Water Utility well sites with
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 3 of 3
this type of facility. Estimated cost for the project- $250,000.
ATTACHMENTS: 1. Resolution (R) 05 -05
2. Exhibit"A", letter from Stormwater Utility Commission Chair
3. Exhibit"B", location map for proposed projects
FISCAL IMPACT: Funding would come from the Pima County Regional Flood Control
District. Cost sharing requirements, if any, are unknown at this time.
RECOMMENDATIONS: Public Works staff recommends approval of the proposed list of
projects as prioritized.
SUGGESTED MOTION: The Town Council may wish to consider one of the following motions:
I move to adopt Resolution Number (R) 05-05 .
/77
,,C4 William A. Jnsen, P.E., Town Engineer
1 /
Chuck Swee , Town Manager
RESOLUTION NO. (R)05- 05
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO
VALLEY,
ARIZONA, AUTHORIZING THE TOWN TO SUBMIT A PRIORITIZED
LIST OF DRAINAGE CAPITAL IMPROVEMENT PROJECTS (CIP) TO THE
PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT
the Oro ValleyStormwater Utility Commission has recommended a
WHEREAS,
prioritizedCapital list of drainage Improvement Projects be submitted to the Pima
County Regional Flood Control District, and,
WHEREAS,
the Town Council deems it necessary, in the interest of providing for
the health,
safety, and welfare of the citizens of Oro Valley, to authorize the Town
proposed of Oro
Valleyto submit drainage Capital Improvement Projects for
in consideration bythe Pima County Regional Flood Control District,
funding
NOW,
THEREFORE, BE IT RESOLVED, BY THE MAYOR AND TOWN
COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA:
That, the Town is authorized to submit a prioritized list of drainage Capital
Improvement vement Projects recommended by the Stormwater Utility Commission to
Regional Pima CountyRe ional Flood Control District. The list of CIP projects
prioritized as numbered is:
1. Oro Valley Country Club Estates area
2. Saddle Valley/Logan's Crossing subdivision
3. Shadow Mountain Estates subdivision
4. Lomas de Oro subdivision
5. Flood Plain Acquisition/Open Space — CDO Wash
6. Big Wash Recharge Detention Basin
PASSED
AND ADOPTED bythe Mayor and Town Council of the Town of Oro
Valley, Arizona this 2nd day of February, 2005.
Paul H. Loomis, Mayor
ATTEST: APPROVED AS TO FORM:
Kathryn E. Cuvelier, Town Clerk Tobin Sidles, Acting Town Attorney
Date Date
ATTACHMENT "A"
January 7, 2005
Honorable Mayor Paul Loomis
Honorable Members of the Oro Valley Town Council
Council Chambers
11000 N. La Canada Boulevard
Oro Valley, AZ 85737
Dear Mr. Mayor and Honorable Council Members,
The members of the Stormwater Utility Commission (SWUC), met on December
2004 to discuss and prioritize Town of Oro Valley (TOV) Capital Improvement
16,
Projects (CIP) for drains e improvements to be submitted to the Pima County
Prod g
Flood
Control District (PCFCD) CIP sub-committee. The TOV CIPs will compete
for county funds with CIPs from other municipalities.
' ritized projects based on the following specific criteria: current status of
We prioritized
the project; potential for property damage or harm to citizens from frequent storm
events, year 5 to 10 storm events, and 100 year storm events; potential for linking two or more TOV CIPs; potential for linking TOV projects with Pima
County projects; liability to TOV; and community improvement.
1
Based on these criteria, rankings, in order of priority, are:
1. Oro Valley Country Club
2. Saddle Valley/Logan's Crossing subdivision
3. Shadow Mountain Estates subdivision
4. Lomas de Oro subdivision
5. Flood Plain Acquisition/Open Space — CDO Wash
6. Big Wash Recharge Detention Basin
Respectfully submitted,
Leann O'Brian
Chair, Stormwater Utility Commission
Copy: Bill Jansen
Jim Hossley
Rich Hawkinson
SWUC Members
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1CTOWN OF ORO VALLEY
STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: February 2, 2005
TO: HONORABLE MAYOR AND COUNCIL
FROM: Robert Conant, Senior Planner
SUBJECT: OV12-03-34, WLB GROUP, REPRESENTING STONE CANYON LLC, REQUESTS AN
EXTENSION OF THE PRELIMINARY PLAT FOR STONE CANYON VII, LOCATED
NORTH OF TORTOLITA MOUNTAIN CIRCLE IN RANCHO VISTOSO
NEIGHBORHOOD 11, PARCEL 219-05-011A PORTION
BACKGROUND:
On June 23, 2004, the Town Council approved the Preliminary Plat for 82 single-family lots on 306.77 acres
Per Section 4-312B of the OVZCR preliminary plat are valid for six (6) months from the date of Council
approval. This enables the applicant time to create and submit improvement plans and a final plat. Unless this
is accomplished by December 23, 2004 the Preliminary Plat will expire. A letter of request for an extension was
submitted to the Town on December 21, 2004. Section 4-312B of the Oro Valley Zoning Code Revised grants
the Town Council authority to extend the Preliminary Plat for six month periods not to exceed a total of 18
months.
SUMMARY:
As specified in the attached letter, the applicant has requested a six (6) month extension of the Preliminary Plat.
fhe primary reason stated is for the consultant to complete the Improvement Plans for the project. The
improvement plan should be submitted to the Town prior to the February 2 Town Council meeting.
FACTORS FOR:
1. Lack of an extension would result in a 3-4 month long reprocessing of the Preliminary Plat by staff and
the DRB.
2. All the design issues of the Plat have been resolved and the Improvement Plans will be submitted prior
to the Town Council meeting.
FACTORS AGAINST:
None
SUGGESTED MOTION:
I move to extend OV 12-03-34, Preliminary Plat for Stone Canyon VII, for . period of six months to June 23,
2005. i\
• cal k)t,(L:"
Attachment: Plannl : ail o i, dministrator
Letter of Request
/ i
Co uni y D evelo ent Director
1 / A
/A1C ua,A f i
Town Manager
Dec. 21. 2004 3:06PM No. 6076 P. 2
The t/LB Engineering • Planning
Surveying •Urban Design
( roupDecember 21, 2004 Landscape Architecture
Bob Conant
Town of Oro Valley
11,000 N LaCanada Drive
Oro Valley AZ 85737
Re: Stone Canyon VII
Preliminary Plat Extension
OVI 24344
WLB No. 185050 A31 N-0105
Dear Bob:
It has come to my attention that the Preliminary Plat for Stone Canyon VII is due to expire on the
23rd of this month. We are currently in the process of finalizing the improvement and grading
plans for submittal the first part of January, with the Final Plat to follow a couple of weeks later.
At this time, we respectfully request that a 6-month extension be granted for the Preliminary Plat
approval and greatly appreciate your consideration of this request
If you have any questions, you can reach me at 881-7480. I look forward to hearing from you on
this matter_
Sincerely,
THE WLB GROUP, INC.
Linda Thompson
Subdivision Coordinator
cc: Dick Maes, Vistoso Partners
Charlie Hulsey, WLB
Steve°liverio,WLB
Engineering • Planning • Surveying • Urban Design • Landscape Architecture
Offices located in Tucson, Phoenix, Las Vegas • E-mail: tucsonUwlbgroup.corn
4444 East Broadway • Tucson, Arizona 85711 • (520) 881-7480 • FAX (520) 881-7492
2
TOWN OF ORO VALLEY -
STAFF REPORT TO TOWN COUNCIL MEETING DATE: February 2, 2005
TO: HONORABLE MAYOR& COUNCIL
L M 3I ?&i
FROM: David Ronquillo, Planner
SUBJECT: ADDENDUM - PUBLIC HEARING: OV8-04-07, THE WLB GROUP, REPRESENTING
THE ORO VALLEY COUNTRY CLUB, REQUESTS APPROVAL OF A
CONDITIONAL USE PERMIT TO CONSTRUCT A NEW CLUBHOUSE FACILITY,
LOCATED ON THE NORTHWEST CORNER OF VALLE DEL ORO ROAD AND
GREENOCK DRIVE, PARCELS 224-34-1650, 224-35-0810, 820, 830, 350,360, 370 & 910
NEW INFORMATION:
Since the completion of the last report, the applicant raised concerns with regards to the verbiage in conditions 1
& 8 of Exhibit A. In an effort to clarify the agreements made between the Developer and the neighbors, the
wording of conditions 1 and 8 has been revised accordingly.
None of the changes infringe or alter the agreements made at the developer/neighbor meeting on January 18,
2005. Please note, all changes are represented via strikeouts and italics/bold. The attached Exhibit B replaces
the previous Exhibit A.
Attachment
1. Exhibit B
Planni g oniyi dna'nistrator
.
4:::>"0"-T _'. S....-.
Co nity Deve ment Director
/ it"
' -'41-",--11, A-.4.... 'Q)Ifi
Town Manager
F:\OV\OV8\2004\8-04-07\reports\TCCUP.RPT.addendum.doc
EXHIBIT B
OV8-04-07
OV COUNTRY CLUB
1. Theool water edge will be atleast no closer than 35' from the property line.
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2. The pool will have no diving boards.
3. Theool equipment area and snack bar will not exceed 14' in height.
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4. All pool equipment must be fully enclosed within a 5 sided structure.
5. Lighting:
• No exterior lights along the north side of the pool equipment structure.
• No lights within the pool area above 6' in height—excluding underwater lighting.
• All exterior lighting on the north side of the fitness building shall be under canopy.
6. A 6' high screen wall must be positioned to commence at the northwest edge of the pool equipment
structure and extendingapproximately 115' parallel with the property line and terminating in proximity to
pool of
the northeast edge area. From this point, a 3' - 6" high screen wall will curve around the
perimeter of the parkingand sidewalk area extending to the northwest corner of the tennis courts (this wall
willprovide offsets and an opening for pedestrian connection). The walls will consist of a CMU brick with
p
a stucco finish and cap accent. The color and texture of the wall will blend in with the existing buildings.
7. The walls as specified in condition#6 must be constructed during Phase 1.
8. A minimum 5' 7' landscape buffer must be maintained A buffer no less than 5'must be provided between
the north drainage wall and the existing trees on the south side of the Tearse's property. The north drainage wall ifnecessary must be established in a manner to preserve the existing vegetation.
9. There will be no permanent grill facilities within the snack bar area.
10. No loudspeakers or PA systems within the pool area.
11. Thep ool hours will be limited to 8am-8pm and beyond these hours only lap swimming can occur.
F:\OV\OV8\2004\8-04-07\reports\TCCUP.RPT.addendum.doc
TOWN OF ORO VALLEY -
2
STAFF REPORT TOWN COUNCIL MEETING DATE: February 2, 2005
TO: HONORABLE MAYOR& COUNCIL
FROM: David Ronquillo, Planner
SUBJECT: PUBLIC HEARING: ORDINANCE NO. (0) 0 5-08, OV8-04-07, THE WLB GROUP,
REPRESENTING THE ORO VALLEY COUNTRY CLUB, REQUESTS APPROVAL OF
A CONDITIONAL USE PERMIT FOR A NEW CLUBHOUSE FACILITY, LOCATED
ON THE NORTHWEST CORNER OF VALLE DEL ORO ROAD AND GREENOCK
DRIVE, PARCELS 224-34-1650, 224-35-0810, 820, 830, 350,360, 370 & 910
NATURE OF THE CUP REQUEST:
Per Section 6-102.B.1 of the Oro Valley Zoning Code Revised (OVZCR) the proposed clubhouse facility is
allowed subject to a Conditional Use Permit (CUP). The use is categorized under community buildings and
recreational facilities. The use permit is reviewed and recommended by the Planning and Zoning Commission
and is subsequently voted upon by the Town Council.
Thep �u ose of the conditional use permit is to assure that the proposed use is compatible with the adjacent
properties and the surrounding area. The compliance analysis section of this report describes how the project ddresses pertinent Town Code standards and conditions, which are intended to assure land use compatibility.
Once a Conditional Use Permit is approved by the Town Council, the next step in the process involves review
of a Development Plan. Generally, a CUP takes approximately 3 months to process and a Development Plan
p
requires a 3 1/2 month process. To expedite the process, Staff offers to schedule review of the CUP by the
Commission and Development Plan by the Development Review Board within the same month. If both the
CUP and Development Plan are provided recommendations, each will generally appear on the same Town
Council agenda. This approach works well when all issues are resolved prior to recommendation by the
Commission and DRB review.
BACKGROUND:
The subject property consists of 7.88 acres and the zoning is R1-36, one residence per 36,000 square feet. The
p p y
existing site consists of two buildings approximately 22,000 square feet in size, a pool area, tennis courts and
golf course area. The improvements within the site were built between the early 1960's and the mid 1970's.
When the Town adopted the Zoning Code in 1981, the uses and buildings on this site became legal non-
conforming. Under the Town's legal non-conforming use provisions, the clubhouse could be expanded up to
50% but demolition and relocation are not allowed. The applicant wishes to demolish the existing structure and
replace and expand the clubhouse facility beyond the 50% standard. If approved, the CUP will confer legal
conforming status.
F:\OV\OV8\2004\8-04-07\reports\TCCUP.RPT.doc
TOWN OF ORO VALLEY
TOWN COUNCIL STAFF REPORT Page 2
SUMMARY OF THE PROPOSED PROJECT:
The applicant's proposal osal would involve the demolition of two existing buildings in order to construct the new
p
28,000 square foot club house facility. The new location is necessary to allow the existing buildings to remain
while the new ones are constructed. Overall, the amount of activity(membership totals) is limited by the charter
so the expansion will not have much effect on activity.
The new development will include the following elements:
• Three new buildings
1. Building one (17,254 sf.). —Main clubhouse facility, administrative offices, kitchen/dining, service
and storage in basement level.
2. Building two (8,843 sf.)—Pro shop, lockers and cart storage in basement level.
3. Building three(1,941 sf.)—health/fitness area.
• Swimming pool area(2,450 sf.)
• Expansion of parking area with a total of approximately 183 vehicular parking, golf cart and bicycle spaces.
• Passenger drop off and bag drop off areas.
• Loading area.
• Landscaped buffer yards along the perimeter of the site.
• Ap edestrian pathway connecting from Greenock Drive to the main entrance of the building.
• Expansion of driving range and new putting/chipping greens.
• Upgrade access points into the facility by reconfiguring the existing driveway off Greenock Drive and
maintaining the existing driveway off Valle Del Oro.
SURROUNDING LAND USES:
North: R1-36, Single Family Residential, Oro Valley Estates Subdivision.
South: R1-43, Single Family Residential, Oro Valley Heights.
East: R-4, Town House Residential, The Colony at Oro Valley and Valle Del Oro Townhomes.
West: R1-36, Single Family Residential, Oro Valley Country Club Estates Golf Course.
OVZCR ANALYSIS:
Compliance
• The development has provided buffer yards in accordance with Code requirements.
• A maximum building height of 18' is permitted within this zone. Architectural elevations have not been
submitted to determine actual building height. The applicant has assured staff that the buildings will be
in conformance with the height requirements, as required by Code.
• The proposed development in concept meets the required buildings setbacks; however, a final plat
amendment will also be required to remove the internal lot lines and reconfigure the perimeter lot lines
adjacent to the golf course area. Once this is achieved, the development will formally meet the required
building setbacks. The applicant is in the process of initiating this amendment and will be addressed
during the development plan process.
F:\OV\OV8\2004\8-04-07\reports\TCCUP.RPT.doc
TOWN OF ORO VALLEY
'OWN COUNCIL STAFF REPORT Page 3
Not in Compliance
• The total number of vehicular parkings is not in compliance with the OVZCR parking requirements. The
Code specifies 197 parkings are required based on the proposed uses. The plan depicts 183 spaces;
however; based on the Planning & Zoning Commission's recommendation to preserve the select trees, a
total of 175 spaces will be provided.
The applicant has submitted an alternative parking analysis per the review criteria of Section 27.6.c.2 of
thegarkin code. The alternative compliance is subject to Development Review Board review and
p
approval byTown Council and will be addressed during the development plan process. In sum, Staff
pp
supports this request because of the minimal amount of activities on a typical day and the number of
members that commute to and from the facility in their golf carts.
• TheJ ro'ect is not in compliance with the required setback as specified in the Golf Course Overlay
p
District of the OVZCR. The code specifies that a minimum 200' setback from the center of green be
maintained and a 150' setback has been provided. The code allows a reduction in setbacks based on a
recommendation from a golf course architect. A Golf Course Architect has been hired and has provided a
recommendation. This is subject to Development Review Board review and approval by Town Council
and will be addressed during the Development Plan process. In sum, Staff supports the reduced setbacks
as recommended by the golf course architect.
'ECTION 3-201,USE PERMITS:
Conditional Use Permits may be granted based on consideration of the following criteria:
A. That the granting of such conditional use permit will not be materially detrimental to the public health,
safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the
following:
1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;
The main club house building is located approximately 200' away from the nearest residential home.
The health fitness area and pro shop/cart storage facilities are located in closer proximity
(approximately 150'). Due to the nature of the intended uses, they do not raise the potential for noise
nuisance. Overall, there is adequate screening along the bufferyards, which consists of existing and
supplemental vegetation to minimize any noise impacts.
There is potential for noise nuisance from the pool area and vehicle headlight glare from the parking
area on the north side of the property. In an effort to mitigate these potential nuisances, a screen wall
and dense vegetation will be provided along the north side of this development.
F:\OV\OV8\2004\8-04-07\reports\TCCUP.RPT.doc
TOWN OF ORO VALLEY
'TOWN COUNCIL STAFF REPORT Page 4
Thep ool area is located approximately 30' from the property line to the edge of water and 80' to the
nearest residential home. The pool location has been a concern to staff because of the proposed
location along the perimeter of the site and the proximity to the property line. Amenities such as a pooltypically are t icall located within the internal areas of a recreation facility and not along the perimeter
areas, which tend to raise thep otential for noise impacts. While the required setback (side yard) is
15', this use is more similar to recreational facilities as allowed in the Parks and Open Space District.
Under thearks and Open Space district, all recreational facilities such as pool areas are required to
p p
be a minimum of 50' away from the property lines.
A meeting was held on January 18 between several neighbors and the applicant in an effort to
resolve this issue. In the end, both agreed that a distance of at least 35' would be maintained from
thep roperty line to the pool area (water edge). Please see public comment section for more
information on this meeting.
2. Hazard to persons and property from possible explosion, contamination,fire or flood;
Thep roj ect must meet all Building Code safety requirements. There are no uses proposed that
substantially elevate the risk to surrounding property owners.
3. Hazard occasioned by unusual volume or character of traffic.
It is not anticipated that a major increase in traffic will occur from the proposed expansion because
the facility provides services to existing residents.
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 clubhouse facility will provide a social center for the members of the community within the Oro
Valley Country Club Estates. The proposed use is an already existing use on the site and the proposed
improvements will be reasonably compatible with neighborhood scale of the area.
PLANNING & ZONING COMMISSION ACTION:
At their regular meeting of January 4, 2005, the Planning & Zoning Commission voted (6 - 0) to conditionally
approve the use permit for the new clubhouse facility with the following conditions:
1. The pool area must be shifted at least 50' away from the northern property line or switch the location of
the fitness area with the pool area (Revise Condition #1 to say the Applicant will work with the neighbor
to the north to her satisfaction.
On January 18, the applicant met with several neighbors in an attempt to resolve their concerns (see
public comment section for more details).
2. The proposed layout must be reconfigured to accommodate all recommendations within Exhibit C (letter
from McGann & Associates) Revise Condition #2, to provide an additional parking space on either
F:\OV\OV8\2004\8-04-07\reports\TCCUP.RPT.doc
TOWN OF ORO VALLEY
,OWN COUNCIL STAFF REPORT Page 5
side of PV12, PV11, and PV10 as landscaped area; convert 3 spaces adjacent to PV2 to compact
spaces; and, if possible, create another 3 feet of landscaped area adjacent to CF7.
The applicant is in the process of revising the site plan to preserve the select trees as identified on the
applicable plans. This will be addressed during the development plan process.
DEVELOPMENT REVIEW BOARD ACTION:
At their regular meeting of January 11, 2005, the Development Review Board recommended continuance of the
Development Plan and Landscape Plan until the conditional use permit is approved.
The major issue at the meeting involved the proximity of the pool area from the adjacent residential home to the
north and the following is a summary of the issues presented by the resident located directly north of the pool
area:
• 50' setback to be established from fitness area or pool area to property line
• Noise nuisance: from pool activities, pool mechanical equipment and grill/snack bar area
• Lighting around pool
• Design of drainage area north of the pool area
• Phasing of landscape buffer along the north side of property
&ENERAL PLAN COMPLIANCE:
Staff has reviewed the proposed use permit with regards to the General Plan Policy Design Elements. In particular,
the following Policies apply:
Policy 9.1D, "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. " The club house
facility has been designed in a manner to position the buildings away from the residential homes; however, there is
not adequate distance between the pool area and property line. This issue has been addressed previously in this
report.
Policy 8.1G, "Indigenous (native desert) vegetation and riparian habitats should be maintained where possible."
The applicant has proposed to mitigate a large majority of the trees that are categorized as significant vegetation.
Because of the enormous size and caliper of the existing trees,preservation in place should be achieved.
PUBLIC NOTIFICATION AND COMMENT:
All property owners within 600 feet of the site have been notified of the public hearing in accordance with the
Town notification requirements. On December 13, 2005, a neighborhood meeting was held to inform residents of
the proposed development. At this meeting, there were no major site plan issues addressed and the majority of the
residents were in support of the proposed club house improvements.
Since this meeting, staff and the applicant have met with the homeowner located directly north of the pool area to
address their concerns. There were also numerous resident concerns raised at the January 11 DRB meeting. As a
result of the pending concerns, a meeting was scheduled between the developer and several neighbors.
F:\OV\OV8\2004\8-04-07\reports\TCCUP.RPT.doc
TOWN OF ORO VALLEY
OWN COUNCIL STAFF REPORT Page 6
On January 18, the Oro Valley Country Club met with several neighbors to resolve the pending issues. The
following is a summary of the agreements made:
1. The pool water edge will be at least 35' from the property line.
2. The pool will have no diving boards.
3. The pool equipment area and snack bar will not exceed 14' in height.
4. All pool equipment must be fully enclosed within a 5' sided structure.
5. Lighting:
• No exterior lights along the north side of the pool equipment structure.
• No lights within the pool area above 6' in height-excluding underwater lighting.
• All exterior lighting on the north side of the fitness building shall be under canopy.
6. A 6' high screen wall must be positioned to commence at the northwest edge of the pool equipment
structure and extending approximately 115' parallel with the property line and terminating in proximity to
the northeast edge of the pool area. From this point, a 3' - 6" high screen wall will curve around the
perimeter of the parking and sidewalk area extending to the northwest corner of the tennis courts (this wall will provide offsets and an opening for pedestrian connection). The walls will consist of a CMU brick with
a stucco finish and cap accent. The color and texture of the wall will blend in with the existing buildings.
7. The walls as specified in condition#6 must be constructed during Phase 1.
8. A minimum 5'-7' landscape buffer must be maintained between the north drainage wall and the existing
trees on the south side of the Tearse's property. The drainage wall must be established in a manner to
preserve the existing vegetation.
9. There will be no permanent grill facilities within the snack bar area.
10. No loudspeakers or PA systems within the pool area.
11. The pool hours will be limited to 8am-8pm and beyond these hours only lap swimming can occur.
The aforementioned comments have been incorporated as conditions in Exhibit A.
SUMMARY OF FACTORS:
Factors For:
1. The proposed club house facility would not have any significant impacts to the adjacent property owners.
2. The clubhouse facility is an already existing use.
3. The Oro Valley Country Club has met with several neighbors and resolved the pending issues.
Factors Against:
There are no factors against.
SUGGESTED MOTIONS:
move to approve Ordinance No. (0)0.5-08 , conditional use permit for a new clubhouse facility, subject to the
conditions described in Exhibit A.
OR
F:\OV\OV8\2004\8-04-07\reports\TCCUP.RPT.doc
TOWN OF ORO VALLEY
OWN COUNCIL STAFF REPORT Page 7
I move to approve Ordinance No. (0)0-5-c)8_, conditional use permit for a new clubhouse facility, subject to the
conditions described in Exhibit A and the following additional condition(s):
OR
I move to deny Ordinance No. (0) 05-08 , conditional use permit for a new clubhouse facility, finding
that:
Attachments:
1. Ordinance No. (0)Q5-08
2. Exhibit A
3. Site Plan "-4-
cc: Linda Thompson, Fax: 881-7492 PlanniZoni Administrator
Peter Carli & Patrick Steffel, Fax: 297-7071
Commu 'ty evelo ent Director
Town Manager
F:\O V\OV 8\2004\8-04-07Ueports\TCCUP.RPT.doc
ORDINANCE NO. (0) 05- 08
AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, REQUEST FOR A
CONDITIONAL USE PERMIT FOR A NEW CLUBHOUSE FACILITY AT THE ORO
VALLEY COUNTRY CLUB, LOCATED ON THE NORTHWEST CORNER OF
GREENOCK DRIVE AND VALLE DEL ORO, PARCELS, 224-34-1650, 224-35-0810,
820, 830, 350, 360, 370 & 910
WHEREAS, The WLB Group, representing the Oro Valley Country Club, requests approval of
a Conditional Use Permit (CUP) to construct a new clubhouse facility at the Oro Valley Country
Club with an underlying zoning designation of R1-36 (one residence per 36,000 square feet),
located on the northwest side of Greenock Drive and Valle Del Oro; and
WHEREAS, the Planning and Zoning Commission reviewed said CUP request at a duly noticed
Public Hearing on January 4, 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 a new clubhouse facility at the Oro Valley Country Club 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
2nd day of February, 2005.
Paul H. Loomis,Mayor
ATTEST:
Kathryn Cuvelier, Town Clerk
APPROVED AS TO FORM
Tobin Sidles,Acting Town Attorney
EXHIBIT A
OV8-04-07
OV COUNTRY CLUB
1. Thep ool water edge will be at least 35' from the property line.
2. The pool will have no diving boards.
3. Theq ool equipment area and snack bar will not exceed 14' in height.
p
4. All pool equipment must be fully enclosed within a 5' sided structure.
5. Lighting:
• No exterior lights along the north side of the pool equipment structure.
• No lights within the pool area above 6' in height—excluding underwater lighting.
• All exterior lighting on the north side of the fitness building shall be under canopy.
6. A 6' high screen wall must be positioned to commence from the northwest edge of the pool equipment
structure extending approximately roximately 115' parallel with the property line and terminating in proximity to the
northeast pool e of the area. From this point, a 3' - 6"high screen wall will curve around the perimeter
of the parkingand sidewalk area extending to the northwest corner of the tennis courts (this wall will
provide offsets and an opening for pedestrian connection). The walls will consist of a CMU brick with a
stucco finish and cap accent. The color and texture of the wall will blend in with the existing buildings.
7. The walls as specified in condition#6 must be constructed during Phase 1.
8. A minimum 5'-7' landscape buffer must be maintained between the north drainage wall and the existing
trees on the south side of the Tearse's property. The drainage wall must be established in a manner to
preserve the existing vegetation.
9. There will be no permanent grill facilities within the snack bar area.
10. No loudspeakers or PA systems within the pool area.
11. Thep ool hours will be limited to 8am-8pm and beyond these hours only lap swimming can occur.
12. Thero osed layout must be revised as follows: provide an additional parking space on either side
p p y
of PV 12, PV 11, and PV 10 as landscaped areas, convert 3 spaces adjacent to PV2 to compact spaces
and ifp ossible, create another 3 feet of landscaped area adjacent to CF7 (the corresponding tree
number is reflected on the Native Plant Preservation Plan).
F:\OV\OV8\2004\8-04-07\reports\TCCUP.RPT.doc
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TOWN OF ORO VALLEY 3
COUNCIL COMMUNICATION MEETING DATE: February 2, 2005
C
TO: HONORABLE MAYOR& COUNCIL
FROM: Kathryn Cuvelier, Town Clerk
SUBJECT: RESCHEDULING THE REGULAR MEETING FROM WEDNESDAY, FEBRUARY 16,
2005 TO TUESDAY, FEBRUARY 15, 2005
SUMMARY:
Due to the UNICEF/Steinway Peace Piano Tour in Oro Valley scheduled for Wednesday, February 16, 2005,
Mayor Loomis is asking that our regularly scheduled meeting of February 16th be rescheduled for Tuesday,
February 15th
SUGGESTED MOTION:
I MOVE to reschedule the 2" regular meeting for February from February 16, 2005 to Tuesday, February 15,
2005.
Department Head
Town Manager
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MEMORANDUM
TO: MAYOR LOOMISl
COUNCIL MEMBER CARTER P-7›.../•/-5-n TO &�` C
COUNCIL MEMBER CULVER C� f--krt\A--� ��
COUNCIL MEMBER ABBOTT /"
COUNCIL MEMBER DANKWERTH . -111—D
COUNICL MEMBER PARISH
6.- t I, (1
FROM: CHUCK SWEET,TOWN MANAGER ' - - CAD.1,7-( t t\(
DATE: FEBRUARY 2ND, 2005
SUB]: ORO VALLEY COUNTRY CLUB CONDITIONAL USE PERMIT
(CUP) APPLICATION —ADDITIONAL INFORMATION
In addition to the addendum report by town staff that was distributed on
Monday of this week, Vice Mayor Gillaspie has asked some specific questions
relating to the Oro Valley Country Club application for a CUP. The attachments
to this memorandum reflects the following:
1. Vice Mayor Gillaspie's e-mail &attached questions.
2. Town staff's response to Vice Mayor Gillaspie's questions.
3. WLB's faxed response to Vice Mayor Gillaspie's questions.
Thank you.
Chuck Sweet, Town Manager
Attachments (3)
C: Vice Mayor Gillaspie
David Andrews, Finance Director/Acting Town Manager
Brent Sinclair, Comm. Dev. Dir.
Bryant Nadine, P&Z Adm.
Page 1 of 1
Sweet, Charles
From: Gillaspie,Barry
Sent: Saturday, January 29, 2005 2:48 PM
To: Sweet, Charles
Cc: Parish, Terry
Subject: OVCC CUP
Mr. Sweet, I met with Mrs. Tearse on Saturday January 29 to listen to hear concerns regarding the conditional
use permit. I number of issues were brought up that I am requesting specific answers be provided:
1. The OVCC has said numerous times that they cannot make any changes to the design. I would like
concrete reasons as to why they cannot move the pool. Perhaps WLB can provide an analysis of impacts
to their development.
2. It was mentioned by OVCC members that parking could not be relocated to the north of the Tennis Court.
Could you get an answer on this from WLB. It looks like there may be room. If so,shifting some parking
north of the tennis court could create room for the pool to be moved farther away from the Tearse
residence.
3. Can you clarify if the finished grade of the pool area will be four feet higher than the current grade.
4. Will the pool wall be six feet in height or 10 ` height? I understand that the wall be 10 feet in total from
existing grade but only 6 feet tall.
5. There are utilities in the drainage area. Will they be on the OVCC side or residence side of the 18'screen
wall?
6. I would like to know why the pool equipment could not be located on the parking lot side of the pool versus
the golf course side of the pool? This change may cut down on noise from the pumps and better screen it
from the neighbor to the north.
7. I would like to know why the snack bar cannot be internal to the fitness center instead of at the north and
west of the pool and potentially generating outside noise.
8. I want confirmation that there will be no outside grill allowed by the pool area.
9. I would like renderings of the 10'16'wall. It was originally shown to have offsets that would support
plantings.
10. The wall if allowed at the desired location for the pool will need to have external landscaping to its north for
softening. I would like engineering to work with planning to provide a recommended landscaping buffer
that will work for the situation. No plantings north of the wall is not an option and engineering will need
help with a solution.
11. I would like confirmation that the grading of the drainage will be done in a way to protect the mature pine
trees.
12. What is the lighting plan for along the northern boundary? How will automobile lights be screened from
residences to the north?
The burden of proof is on the petitioner to meet the conditions for a use permit. Answers to these questions will
help resolve the issue.
I know this is late and I should have gotten this to you sooner. I would appreciate answers by Tuesday.
Barry
2/1/2005
OV8-04-07, Oro Valley Country Club Questions/Response
1. The OVCC has said numerous times that they cannot make any changes to the design. I
would like concrete reasons as to why they cannot move the pool. Perhaps WLB can
provide an analysis of impacts to their development.
Applicant will provide a response.
2. It was mentioned by OVCC members that parking could not be relocated to the north of
the Tennis Court. Could you get an answer on this from WLB. It looks like there may be
room. If so, shifting some parking north of the tennis court could create room for the
pool to be moved farther away from the Tearse residence.
Applicant will provide a response.
3. Can you clarify if the finished grade of the pool area will be four feet higher than the
current grade.
The finished grade will be approximately 4'higher.
4. Will the pool wall be six feet in height or 10' height? I understand that the wall be 10
feet in total from existing grade but only 6 feet tall.
Because of the elevation difference, a 3-4'high retaining wall will be necessary with a 6'
high screen wall on top. Overall, the entire wall will be approximately 9'-10'in height.
5. There are utilities in the drainage area. Will they be on the OVCC side or residence side
of the 18' screen wall?
It has been determined that there are utilities within the drainage easement; however, it
has not been clarified on which side of the property line they are.
6. I would like to know why the pool equipment could not be located on the parking lot side
of the pool versus the golf course side of the pool? This change may cut down on noise
from the pumps and better screen it from the neighbor to the north.
Applicant will provide a response.
7. I would like to know why the snack bar cannot be internal to the fitness center instead of
at the north and west of the pool and potentially generating outside noise.
Applicant will provide a response.
8. I want confirmation that there will be no outside grill allowed by the pool area.
Per the neighbor agreements, there will be no permanent grill facilities permitted by the
snack bar/pool area; however, it was discussed that periodically there will be portable
grills with special events.
9. I would like renderings of the 10'/6' wall. It was originally shown to have offsets that
would support plantings.
Applicant will provide a response.
10. The wall if allowed at the desired location for the pool will need to have external
landscaping to its north for softening. I would like engineering to work with planning to
provide a recommended landscaping buffer that will work for the situation. No planting
north of the wall is not an option and engineering will need help with a solution.
The Engineering department strongly suggests that no landscaping be provided within
the existing drainage easement. Because of the existing elevation and drainage patterns
it would cause further drainage problems in the area.
Per the neighbor agreements an additional 5' buffer would be achieved to preserve the
existing vegetation along the south side of the Tearse's property. As a result of this, it
was determined that there would not be adequate area for landscaping adjacent to the
wall.
11. I would like confirmation that the grading of the drainage will be done in a way to protect
the mature pine trees.
Per the neighbor agreements, the additional 5' buffer provided on the south side of the
property line will preserve the existing trees on the Tearse's property.
12. What is the lighting plan for along the northern boundary? How will automobile lights
be screened from residences to the north?
A lighting plan has not been proposed yet; however, per the neighbor agreements, the
lighting along the north side of the property will be restricted in the pool/snack bar area
and the fitness area (this has been addressed in the conditions of approval). With regards
to vehicle headlight glare, a 3'-6" screen wall will be located adjacent to the parking
area to minimize this nuisance (this has been addressed in the conditions of approval).
Feb. �
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EngIne ring • Planning • Surveying . Urban design • Land;oepe ArQt3itec(ure
Qtilois looeted In Tucson, Phoenix, Las Voges q E•mafi: tutcsonUwibgroup.00tn
4444. east Broadway • 'Meson, Arizona 85Til .• (520) 0114480 • FAX (f20J 801.7482
E,b. 1. 1305 11 : 27AM 8210 F. 2/6
David R.or=quillr.)
Tnwrt of Oro Val_e_,1
11000 N. La Tar.ada Dr.
Oro valley, Ai 85737
"?,et Oro Valley Country Club
ov8-04-0 / J°Jl2-04- .6
WLB No. 1O402CA-001-0100
-)avid,
i'ursuant to your request we are providing herewith responses to the
questions e-mailed. to us on 1/31/05:
1)The OVCC has said ntr:erous times that they cannot make any changes to
the design. I would
Like concrete reasons as to why they cannot move
the pool. Perhaps 4;LB can provide an analysis of impacts to their
deve:opo-tent.
Sesponse; OVCC has never said that they cannot make charges to the
design. What they have said is that this is an extrexi.el.y tight and
in►ited
site. They have worked hard to "shoehorn" all of the various
functions orIt_o the site including a Pro-Shop, Clubhouse, Fitness
Center, parking, practice area etc. The Fitness Center and swimming
pool are located at the northernmost end of the site se that they are
close to parking and the existing tennis courts. The Fitness Center and
swimming pool are designed to attract new members and younger families.
As auch they are not really an integral part of the golf experience and
consequently have been placed on the periphery of the site.
There have been numerous meetings with the neighbors regarding the
lccat ion of the swimming pool. In fact on two occasions OVCC has
voluntarily moved the pool further from the neighbors to the north.
They have proposed additional Landscaping buffers and site walls to
mitigate any disruptions. from the pool and Fitness Center. Cn more than
one occasion O cC ;understood that it ha.d an agreement the neighbor
'
only to be told later that this was "not good enough'.
.
Moving the Fitness Center and swimming pool at this late date would
require a virtual re-design of the. entire site and buildings. It would
znegotiations mauve in meet i n s
atrO��lt to a zzversa�. of decisions and riey��tia��_�on.� ,
with both toe neighbors and Town Staff. It is simply not fair.
2) It was mentioned by OVCC members that parking could not be relocated
to *► the tennis court.. Could you get an answer on this from
the north of -
may so, shifting ino soh.. parking
LB. It. looks like there be room. Is shi t e
north of the tennis cc rt could create room for the pool to be moved
farther away from the Tearse Residence.
Response: Creating some parking north of toe tennis courts is possible,
however, . y would greatly reduce the amount of buffer in this area and
negatively impact another neighbor who asked that this area be left as
turf and planting as proposed. Prov_ding access to the area north of
the tennis courts would in fact reduce the amount of parking :n the
main parking :Lot and the net increase would be minimal. Further
movement of the 'ool to the south, in conyJncticna with the audition of
parking north of the tennis courts :n the end would r'esu.t in no more,
and possibly less parking. Again, OVCC and their design team have
explored this concept in detail and determined it's not a good idea.
2O5 11 : 27 M N). I` 3:'S
i Can you clarify f the f ini s. ed grate of the pool area will be four
f
fEet Ache. than the current grade.
Response: The proposed finish grade around the pool area will be
approxin:ateiy 3.5' to 4.5' higher than the existing grade within the
existing drainage Swale north of the proposed pool wall. The proposed
grade is driven by the grading, paving, drainage and utility design and.
is relatively the same grade as the existing practice Greens in this
area
4) Will the. pool wall be six feet in height or ten feet in height? T
understand that the wall be 10 feet in total from existing -rade but
only 5 fee: tall.
Response: The wall north of the pool area will be a 6' high screen wall
'on the pool side of the wall, the wall will be approximately 9.5' to
10.5' high from the existing grade on the drainage swale side.
5)T ere are utilities in the drainage area. will they be on the CVCC
site or residence side of ;he 18' screen wall?
Response: There are existing utilities within the existing 20' wide
drainage and utility easement along t:le north property line. Based upon
the information available to us at this time, it appears all the
utilities exist south of the common property line. No new utilities are
proposed by Ovc: in this area.
There is no 18' screen wall.
6)1 would like to know why the pool equipment could r,of be located on
the parking lot side of .the pool versus the golf course side of the
pool? This change may cut down on noise from the pumps and better
screen it from the neighbor to the north.
Response: The pool equipment will be entirely located within a separate
room at the end of the Fitness Center. Whether it is on the nor_h or
the south will make no difference because the equipment is inside a
room within the building. It will not e .it any noise at all. Nor wi:l
the neighbor see any pool equipment f.n this location, so there is no
need for screening.
7)I would like to know why the snack bar cannot be internal to the
fitness cen ter instead of at the north and west or the pool and
potentially generating out side noise.
Response: The Snack Bar is a function of the swimming pool, not a
f::,unction of the Fitr.es3 Center. In the Fitness Center, people are at
work on exercise equipment or aerobbics. Following their exercise
routine they may retire to the swimming pool area to have a snack, swim
and relax. The entire pool area, including the Snack Bar, will be
thoroughly screened from the neighbors to the north. In addition, the
Snack Bar itself will be inside of its own portion of the building. The
Fitness Center expansion, the Snack Bar and the swimming pool and its
equipment are part of a future phase and are not part of this
construction project today..
8)1 want confirmation that there will be no outside grill allowed by
the pool area.
245 ! I 2 8 rpt 'av 2 ► .;
Response: It has already been agreed that no 1✓ERi1 NEl1T GRILL would he
allowed. The C''CC has reserved the right to bring in a portable grill
fors f-,erial functions,
9) 1 would like YFndarJ1gCof t ye 10'/6' w��� L t was originally Jhown
to have of r sets that would support plantings.
Response: Toss-section from the Tearses' patio through the pool area
is
attached
In fact, the wall in question was originally shown as a straight wall
located directly on the 10' easement line as permitted by OVICR.
Subsequent meetings with the neighbors resulted in concessions being
offered hX OVCC and revisions to the plan as it is presently shown. One
of OVCC's early concessions that was offered was to provide "notches"
in the wall to support vegetation. This concept seemed to appeal to the
neighbor at the time. But now, changing issues and. further concerns
have pushed the pool and the wall even further from the property line,
to a point where there is no longer any room left for "notches" in the
wall. So the wall must be straight, albeit considerably further frcm
the property line than it was originally. From an engineer_ng
standpoint, there can be NO plantings on the north side of :his wad a as
we are proposing to solve a drainage problem that is shared by the
Town. The design to accommodate this drainage solution is being assumed
totally on OVCC's property in a specific attempt not to di sM urb
by neighbor within the drainage/�util_ty
existing vegetation plantedthe_he g ,
easement. Techn_esl1y speaking, this planting is not allowed in the
easement, but OVCC is trying to help the neighbor save it.
l0)The wall if allcwed at the desired location for the pool will need
to have external landscaping to its north. for softening. I would like
engineering to work with planning to provide a recommended landscaping
buffer that will work for this situation. No plantings north of the
wall is not an option and engineering will Teed help with a solution.
Response: See response to #9,abolre.
11;I would like confirmation that the grading of the drainage will be
done in a way to protect the nat:zre pine trees.
Response: The OVCC Building Committee and the Contractor will take
great care in constructing the proposed drainage swale so as not to
damage the existing vegeta tion that is encroaching on the recorded
drainage/utility easement.
12)What is the lighting plan for along the northern boundary? How will
autonoile lights be screened from residences to the r=th?
Response: As agreed to at the meeting including Town Staff, CVCC and
concerned neighbors on 1/13/C5, the following represents the resulting
solutions:
A. Nc exterior lights along the north side of the pool equipment
room.
B. is lights within the pool area above 6 feet in height, excluding
unde:water lighting (code requiremen t) and low voltage ground
lighting that will be required to define the pool area.
$ FL 1 05 11 :2OM 8210 F. 5'5
. -
C. Al.? exterior aighting cn the north side of the Fitness Building
shall be 1,Inder canopy lighting.
Automobile light screening has also already been resolved by locating
the required .3' 4"screen wall directly adjacent to the 4 parking spaces
that are remaining alone the nor.th. Additonally it has teen agreed to
provide the required landscape buffer just to the north of and adjacent
to the screen wall,
Parking lo; lighting has not been developed at this time, nowever, we
will have ----) adhere to the lightinc code as required by the O.V.Z.C.S.
Please con--..a:t me or Patrick Steffel if you have any questions or
comments.
Sincere'
eve Oliverio
Project Manager
The WLB Group,Inc.
cc:Vice Mayor- Barry Gillespie
Peter Carli-OVCC
Patrick Steffe1-0VCZ:
Bruce Erickson-ELA
Mike Franks-Seaver.Fran.Ks
F [r. Ic��1� 11;99tier . •• lye' 8210 P. 6/6-
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