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*AMENDED (12/28/20, 10:00 AM)
AGENDA
ORO VALLEY TOWN COUNCIL
SPECIAL SESSION
December 30, 2020
ONLINE ZOOM MEETING
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Executive Sessions - Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona
Revised Statutes 38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.
SPECIAL SESSION AT OR AFTER 5:00 PM
CALL TO ORDER
ROLL CALL
SPECIAL SESSION AGENDA
1.BEFORE THE TOWN COUNCIL’S FUTURE CONSIDERATION OF RESOLUTION NO. (R)21-01 AND (O)21-01: PUBLIC HEARING
PRESENTATION AND POSSIBLE DISCUSSION ABOUT A PROPOSED GENERAL PLAN AMENDMENT TO CHANGE TWO
KAI-CAPRI SPECIAL AREA POLICIES TO ALLOW R-6 MULTI-FAMILY RESIDENTIAL DISTRICT ZONING USES ON A VACANT
13.44-ACRE COMMERCIAL PARCEL, LOCATED SOUTH OF TANGERINE ROAD AND APPROXIMATELY 1/4-MILE EAST OF 1ST
AVENUE (2001085)
2.*APPROVAL OF APPOINTMENTS TO THE STORMWATER UTILITY COMMISSION AND THE PLANNING AND ZONING
COMMISSION
ADJOURNMENT
The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.
POSTED: 12/21/20 at 5:00 p.m. by pp
AMENDED AGENDA POSTED: 12/28/20 at 5:00 p.m. by pp
When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the
office of the Town Clerk between the hours of 8:00 a.m. – 5:00 p.m.
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If you have questions, please contact Town Clerk, Mike Standish, at 520-229-4700 or email
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Thank you for your cooperation.
Town Council Special Session 1.
Meeting Date:12/30/2020
Requested by: Bayer Vella, Community Development & Public Works
Submitted By:Hannah Oden, Community and Economic Development
Case Number: 2001085
SUBJECT:
BEFORE THE TOWN COUNCIL’S FUTURE CONSIDERATION OF RESOLUTION NO. (R)21-01 AND (O)21-01:
PUBLIC HEARING PRESENTATION AND POSSIBLE DISCUSSION ABOUT A PROPOSED GENERAL PLAN
AMENDMENT TO CHANGE TWO KAI-CAPRI SPECIAL AREA POLICIES TO ALLOW R-6 MULTI-FAMILY
RESIDENTIAL DISTRICT ZONING USES ON A VACANT 13.44-ACRE COMMERCIAL PARCEL, LOCATED
SOUTH OF TANGERINE ROAD AND APPROXIMATELY 1/4-MILE EAST OF 1ST AVENUE (2001085)
RECOMMENDATION:
Staff recommends opening the public hearing, listening to participants, and closing the public hearing.
Because this item was previously continued on December 2, 2020 by the Town Council to its January 6, 2021
meeting, no action may be taken. The only purpose of this item is to provide a presentation and hold a public
hearing as an additional opportunity for resident comment that ensures the Town meets the state requirement for
hearing all Type I General Plan Amendments within the same calendar year submitted.
EXECUTIVE SUMMARY:
The property owner's request involves two separate
applications (Type 1 General Plan Amendment and
rezoning) to enable the following options on a vacant
commercially zoned property:
multi-family residential apartments, casitas, or
townhomes;
single-family residential dwellings; or
senior care facility
The proposal is for 13.44 acres, located southeast of the 1st
Avenue and Tangerine Road intersection, as shown on the
map to the right.
The purpose of this meeting is to satisfy legal requirements
to hold a public hearing for all Type I General Plan
Amendments within the same calendar year submitted.
Because the December 2, 2020 Town Council meeting
agenda was not specifically labeled a “public hearing” as required, Town Council continued this item to January 6,
2021.
This December 30th public hearing will satisfy state mandated Type I General Plan Amendment public hearing
requirements. It will accomplish this prior to the one planned on January 6, 2021, which will involve another public
hearing, discussion and possible action.
Staff recommends opening, listening to participants and closing the public hearing. No action is enabled as the
General Plan Amendment and rezoning were previously continued to the January 6, 2021 meeting.
General Plan Amendment and rezoning were previously continued to the January 6, 2021 meeting.
BACKGROUND OR DETAILED INFORMATION:
Please refer to Attachment 1 or this link for a complete description of the applicant's requests.
Town Council considered the General Plan Amendment (GPA) and rezoning items at the December 2, 2020
meeting, however, the GPA agenda was not specifically labeled a “public hearing” as required. To remedy this
issue, Town Council continued this item to January 6, 2021. Please see attachment 2 for the draft meeting minutes.
This December 30th agenda item will satisfy state Type I General Plan Amendment public hearing requirements. It
will accomplish this prior to the one planned on January 6, 2021, which will involve another public hearing,
discussion and possible action.
PUBLIC PARTICIPATION
The following public notice has been provided for both the December 30, 2020 meeting and the January 6, 2021
meeting:
Notification of all property owners within 1,000 feet
Notification to additional interested parties who signed in at neighborhood meetings
Homeowners Association mailing
Advertisement in The Daily Territorial and Arizona Daily Star newspapers
Post on property
Post at Town Hall and on Town website
SUMMARY AND RECOMMENDATION
Staff recommends opening, listening to participants and closing the public hearing.
Because this item was previously continued to January 6, 2021, no action may be taken. The purpose of this
meeting is only to provide a presentation and hold a public hearing.
This item provides an additional opportunity for resident comment and meets the state requirement for hearing all
Type I General Plan Amendments within the same year submitted.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
No action may be taken as this is a public hearing only.
Attachments
Attachment 1: Town Council Staff Report December 2, 2020
Attachment 2: Draft Town Council Meeting Minutes December 2, 2020
(R)21-01 Resolution
(O)21-01 Ordinance
Staff Presentation
Town Council Regular Session Item # 3.
Meeting Date:12/02/2020
Requested by: Bayer Vella, Community Development & Public Works
Submitted By:Hannah Oden, Community and Economic Development
Case Number: 2001085 and 2001306
SUBJECT:
DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPOSED 1ST AVENUE AND TANGERINE ROAD GENERAL
PLAN AMENDMENT AND REZONING FOR 13.44-ACRES, LOCATED SOUTH OF TANGERINE ROAD AND
APPROXIMATELY 1/4-MILE EAST OF 1ST AVENUE
A. RESOLUTION NO. (R)20-59, TYPE 1 GENERAL PLAN AMENDMENT TO CHANGE TWO KAI-CAPRI SPECIAL AREA
POLICIES TO ALLOW R-6 MULTI-FAMILY RESIDENTIAL DISTRICT ZONING USES ON A VACANT COMMERCIAL
PARCEL (2001085)
B. PUBLIC HEARING: ORDINANCE NO. (O)20-11, REZONING TO CHANGE THE ZONING DESIGNATION OF A VACANT
PARCEL FROM C-1 COMMERCIAL TO R-6 MULTI-FAMILY RESIDENTIAL (2001306)
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of Item A and conditional (Attachment 2) approval of Item B.
Please note, the rezoning conditions narrow the number of development scenarios requested.
Separate motions are required for each item. Furthermore, action to approve Item A is required in order to make a motion on
Item B.
EXECUTIVE SUMMARY:
The property owner's request (Attachments 3 and 4) involves two separate
applications (Type 1 General Plan Amendment and rezoning) related to
developing a multi-family residential development, senior care facility, or
single-family residential development on a vacant commercially zoned
parcel. The proposal is for 13.44 acres, located southeast of the 1st Avenue
and Tangerine Road intersection, as shown on the map to the right.
Applicant's Proposal
The applicant is proposing the following:
1) Item A: Type 1 General Plan Amendment to accomplish the following:
Change a General Plan Special Area Policy to allow R-6
multi-family residential district zoning uses on the subject parcel
Change a General Plan Special Area Policy to increase the number of
residential dwelling units permitted in the Kai-Capri area from 255 to 394
2) Item B: Rezoning the subject parcel to accomplish the following:
Change the zoning from C-1 commercial to R-6 multi-family residential
Allow apartments, senior care, rental casitas, townhomes, and single-family homes on the parcel
The five Tentative Development Plans (Attachment 4) proposed for the rezoning case depict a variety of development options
permitted under R-6 multi-family residential zoning. The applicant is unsure of the ultimate end user for this parcel, which is why
five options are being proposed. The applicant is maximizing their options by incorporating multiple uses permitted under R-6
zoning.
As part of any rezoning, a Tentative Development Plan is required which must reflect the intended use. If the use changes in
the future and a new Tentative Development Plan is required, it must be considered by Planning and Zoning Commission and
Town Council.
History
The property is located within an area known as Kai-Capri located east of 1st Avenue, roughly from Tangerine Road to the
Canyon del Oro Wash as shown in Attachment 5. This includes the Villages at Silverhawke and Sanctuary at Silverhawke
residential developments. The subject parcel was rezoned in 2015 from large lot residential (R1-144) to C-1 commercial as part
of the Villages at Silverhawke development. A Tentative Development Plan accompanied the rezoning which included a
commercial site design for the subject property and is included in Attachment 5.
The 2016 Your Voice, Our Future General Plan included Special Area Policies for the Kai-Capri area which do not permit
residential uses on the subject parcel and also cap the number of residential units to 255 for the entire area. This is consistent
with the same Special Area Policies approved for the Kai-Capri area in the 2005 General Plan.
Key Considerations
There are several key considerations associated with this proposal including the following:
The 1st Ave. and Tangerine Rd. intersection has 77 acres of commercially zoned land, which is over twice the amount
commercially-zoned land at the Lambert Ln. and La Canada Dr. intersection, another local commercial center.
Currently, there is not enough surrounding residential density within a 1.5-mile radius to support commercial uses on the
site and other vacant commercial parcels at the intersection. By way of comparison, there is less surrounding residential
density on this subject parcel than at the La Canada Dr. and Lambert Ln. intersection and the intersection surrounding the
subject parcel has significantly more commercially-zoned land.
The economic benefit of the proposal to adjacent commercial areas will be highest with the apartment and rental casita
options due to the higher density. The townhome, senior care, and single-family residential uses would provide the least
amount of economic benefit. The applicant has provided an Economic Impact Analysis Report that can be found in
Attachment 7.
View impacts to nearby residences will be minimal:
Future adjacent homes at Villages at Silverhawke will not have mountain views obstructed by the proposed
development.
The proposed building height of 25-feet is currently what is allowed at the adjacent Villages at Silverhawke
subdivision.
There will not be a height increase from what is currently permitted that would negatively impact nearby properties.
The applicant is not proposing an increase to the 25 foot height limit current allowed on the parcel under the existing
C-1 zoning.
The proposed buildings will not be visible from Tangerine Road from the property's frontage due to existing
topography and a setback of approximately 450 feet from the roadway.
View impacts from 1st Avenue will be minimal due to a distance of approximately 830 feet and will not impact
mountain views.
The proposed land use provides a more graduated transition from abutting single-family residential uses than the existing
commercial use.
Potential traffic impacts would be properly mitigated for and a Traffic Impact Statement has been reviewed by Town Staff.
The Environmentally Sensitive Lands Ordinance(ESLO) was previously applied to this entire area as part of the original
and comprehensive Tentative Development Plan during the 2015 rezoning, which included the Villages at Silverhawke
residential subdivision. The result was approximately 86-acres, or 58%, of environmentally sensitive open space conserved.
The subject parcel is part of a larger commercially zoned intersection. It is intended to be a local serving commercial center.
However, it is oversized and has similar acreage to larger regional commercial centers located along Oracle Rd. 71 percent of
the commercially zoned land is vacant at this intersection, attributable to the lower surrounding residential density needed to
support the development of all the vacant parcels for commercial uses, including the subject parcel. In short, this intersection
has more vacant commercial land than what can be reasonably supported by the surrounding residential density.
The Your Voice, Our Future General Plan supports commercial uses and retaining employment opportunities. The apartment
and rental casita options that are part of the proposed General Plan Amendment and rezoning will support surrounding
commercial areas, which includes the adjacent vacant commercial parcel to the west, by contributing residential density. This
will be accomplished without negatively impacting surrounding land uses. In fact, the proposal would decrease overall impacts in
regard to the commercial use and Tentative Development Plan already approved for the site.
All newly proposed Tentative Development Plans included with the rezoning application have been reviewed for conformance
with the Zoning Code. However, the rezoning conditions of approval included in Attachment 2 address the following for a design
that contributes to the development of adjacent commercial properties and is sensitive to the surrounding area and ensures the
completion of a public trail. These include:
That only the apartment and rental casita Tentative Development Plans be considered as part of the applications.
A public trail easement either on the subject property or on adjacent Pima County property to complete a trail connection
to Kai Drive for Villages at Silverhawke Phase III.
An enhanced landscape bufferyard with a continuous tree canopy along the south and east sides of the subject parcel for
the apartment and rental casita concept.
Dedication of a cultural resource area to the Town during the final design stage.
The proposed applications were considered by the Planning and Zoning Commission on October 13 and November 10,
2020. Planning Commission staff reports and meeting minutes can be found in Attachments 8 and 9. The Commission
recommended approval based on the finding that these requests meet the General Plan Amendment criteria and zoning
analysis, subject to the rezoning conditions in Attachment 2.
Due to the complexity of this case, it is advisable to watch the videos from the neighborhood meetings and listen to the
recordings from the two Planning and Zoning Commission public hearings. These are available at www.orovalleyaz.gov.
BACKGROUND OR DETAILED INFORMATION:
A. EXISTING CONDITIONS AND CONTEXT
Site Conditions
Total area zoned for development: 13.44-acres
Property is vacant
Approvals-to-date
1994: Subject property was annexed into the Town and zoned R1-144
2005: Special Area Policies were established for the subject property as part of the General Plan update, known as the
"Kai-Capri" Special Area Policies
2015: Property rezoned from R1-144 to C-1 commercial
2016: Your Voice, Our Future General Plan ratified by voters and included existing "Kai-Capri" Special area policies
Land Use Context
The existing land uses for the property and the surrounding area include single-family homes, commercial uses, open space,
and vacant land as shown on the map below.
General Plan Designations
The Your Voice Our Future General Plan Land Use Map (see above) designates the property as Neighborhood
Commercial/Office (NCO). The applicant is not requesting a change to the General Plan Land Use Designation, as NCO allows
for R-6 zoning and residential development on a case-by-case basis. The General Plan described the NCO land use as the
following:
"This land use designation represents commercial and office areas with good access to major roadways (i.e. at the intersections
of arterial roadways along Oracle Road) and that are close to residential areas. Uses intended to serve the surrounding
neighborhoods and which are integrated with those neighborhoods are desirable, such as grocery stores, drugstores and
professional offices. Residential development may be included on a case-by-case basis."
The subject parcel is also within a Tier II Growth Area identified in the General Plan. Per the General Plan, "Tier II Growth Areas
are neighborhood-focused commercial areas, supported by a variety of residential areas. These areas are intended to serve the
immediate needs of residents, while limiting impact."
The General Plan envisions residential density to support commercial uses. In particular, the Tier II Growth Area is intended to
be supported by surrounding residential areas. In this case, there is not enough existing residential density to support the
commercial use on the subject property in addition to the adjacent parcel to the west.
Zoning Designations
The property is zoned as C-1 commercial which is described below:
This district provides for large scale office complexes and medium sized retail centers, located on a major arterial. Through
buffering and other mitigation measures, C-1 centers must be compatible with adjoining residential neighborhoods, while
satisfying commercial and service business needs of nearby neighborhoods.
B. PROPOSED TYPE 1 GENERAL PLAN AMENDMENT (ITEM A)
The first request is a Type 1 General Plan Amendment to 1) change a Kai-Capri Special Area Policy to allow R-6 uses on the
subject property and 2) change a Kai-Capri Special Area Policy to increase the permitted number of residential units in the area
from 255 to 394.
The purpose of special area policies is to define the type and character of development for an area and is an effort to take
special care to plan these areas in a comprehensive manner. The two existing Kai-Capri special area policies that would be
affected by the proposed amendment are listed below. The complete Kai-Capri Special Area Policies can be found in
Attachment 10.
General
4. Any change to the General Plan that would allow more than 1.0 units per acre, overall, on the residential area on
the property shall be treated as a major amendment. As currently mapped, the maximum number of residential units
on the Kai-Capri property is 255, and up to 10 are allowed on the Steam Pump Ranch Estates property. Any change
of the commercial area to residential uses shall be treated as a major amendment.
Neighborhood Commercial/Office (NCO)
1. Must be developed for commercial and office use as part of an overall master plan that includes planning for the
Master Plan Community (MPC) property to the south.
Type 1 General Plan Amendment Analysis
The proposed Type 1 General Plan Amendment conforms with the Your Voice, Our Future General Plan Amendment Criteria on
the basis that overall, it supports the local economy and provides a range of diverse housing opportunities for residents. Below
is a list of the criteria as well as staff commentary. The applicant's response to each criterion is provided in Attachment 3.
Amendment Criteria
1. On balance, the request is consistent with the Vision, Guiding Principles, Goals and Policies of the General Plan as
demonstrated by adherence to all the following criteria.
The proposed Type 1 General Plan Amendment to change two Kai-Capri Special Area Policies to allow residential uses on the
subject parcel conforms with the Your Voice, Our Future Vision, Guiding Principles, Goals and Policies. Specifically, providing a
more diverse range of housing types and proposing uses that will support the local economy is in direct conformance with
Community Goal D, “A community with a wide range of services, amenities, shopping and dining opportunities and housing
types that meet the needs of current and future residents.” and Policy E.1 "Develop a diversified and robust economic base to
support long-term economic stability."
Below is a list of notable Goals and Policies followed by the commentary on compliance.
Goal D: A community with a wide range of services, amenities, shopping and dining opportunities and housing types that
meet the needs of current and future residents.
The proposed rezoning would accommodate apartments, rental casitas, towhnhomes, senior care, and single-family
residential uses to contribute to a diverse housing supply in Oro Valley.
Policy E.1: Develop a diversified and robust economic base to support long-term economic stability.
The site is not viable for commercial use due to poor visibility and a lack of surrounding residential density to support
commercial uses.
An increased residential density in the area, accomplished by the apartment and rental casita options, will support
the long-term economic stability of the Town by significantly contributing to the residential population needed to
support surrounding commercial areas.
Allowing multi-family residential uses on this parcel is key to making commercial uses work on parcels to the west
and around the intersection without negatively impacting adjacent residential properties.
Goal X: Effective transitions between differing land uses and intensities in the community.
Provides an appropriate transition from the neighboring single-family residential homes to the neighboring
commercial parcel on the southeast corner of 1st Avenue and Tangerine Road.
Provides an R-6 multi-family residential zoning separation between single-family homes and adjacent commercial
property.
Condition of approval will ensure an enhanced vegetative buffer for the highest intensity uses (apartments, rental
casitas, and if approved, townhomes).
Policy CC.3: Link existing and planned neighborhoods with parks and open spaces by incorporating path and trail facilities.
All proposed concepts will provide a public trail either on the subject property or adjacent Pima County land to
complete an important trail connection from Kai Drive to the adjacent trail system in the Villages at Silverhawke
residential development.
a. The request shall not significantly alter existing development character and land use patterns without adequate and
appropriate buffers and graduated transitions in density and land use.
The existing land use on the subject parcel allows for commercial uses with a maximum permitted building height of 25-feet.
Permitted uses include offices, restaurants, grocery stores, retail, etc. The proposed change to the General Plan would permit
higher density residential uses on the property, which would be less intensive than the existing allowed commercial uses that
abut the medium density residential homes at Villages at Silverhawke. The amendment would provide a more graduated
transition between the future single-family homes at Villages at Silverhawke and the vacant commercial parcel to the west.
Moreover, a recommended rezoning condition of approval (Attachment 2) for an enhanced buffer yard to be provided along the
southern and eastern portion of the site for the apartment, rental casita, and, if approved, the townhome concept. This would
provide an additional mechanism for an effective land use transition from the adjacent medium density residential to multi-family
residential.
b. Impact existing uses with increased infrastructure without appropriate improvements to accommodate planned
growth.
Access to the parcel will be accomplished by the completion of Kai Drive to Tangerine Road, which is already a planned
and approved connection. A Traffic Impact Statement can be found in Attachment 11.
The cost of all necessary infrastructure will be borne by the developer including all utilities
The project will be served by Oro Valley Water Utility (Attachment 4, pg. 56)
A public water line will be extended along Kai Drive into the project (Attachment 4, pg. 56)
A water system loop will be created via a stub connection provided at the subject property’s southeast corner adjacent to
the Villages at Silverhawke Phase 3 subdivision (Attachment 4, pg. 56)
There is ample sewer capacity and the project will connect to the public sewer system at a manhole at the southwest
corner of the subject property (Attachment 4, pg. 56-57)
c. Impact other public services including police, fire, parks, water and drainage unless careful analysis and explanation
of anticipated impacts is provided to the Town for review.
The proposed development will not adversely impact police, fire or parks. Recreational requirements per the Zoning Code would
be met on-site through central recreation areas and outdoor yards or patios. All drainage from the site must be discharged in a
way that mimics pre-developed conditions and is not permitted to adversely impact surrounding properties per Town code.
There are no significant drainage issues on-site currently.
d. Impact the natural beauty and environmental resources without suitable mitigation.
The proposed development will conform to all applicable zoning provisions related to plant mitigation, landscape design and
environmental conservation. A Site Resource Inventory was completed as part of the rezoning and no significant vegetation
were found on-site. The site was graded by ADOT in the 1990's, so vegetation is not as dense or mature as surrounding areas.
There are no environmentally sensitive land designations on the site.
It is important to note that this site will be surrounded by development on three sides. Furthermore, it is nestled into a previously
disturbed area.
The Environmentally Sensitive Lands Ordinance(ESLO) was previously applied to this entire area as part of the original and
comprehensive Tentative Development Plan during the 2015 rezoning, which included the Villages at Silverhawke residential
subdivision. The result was approximately 86-acres, or 58%, of environmentally sensitive open space conserved.
2. The applicant has implemented effective public outreach efforts to identify neighborhood concerns and has
responded by incorporating measures to avoid or minimize development impacts to the extent reasonably possible, as
well as to mitigate unavoidable adverse impacts.
The applicant has provided a required Public Outreach Plan as part of their application which is included in Attachment 12. The
public outreach process is covered in detail in the "Public Participation" section of this report.
3. All non-residential amendment requests will contribute positively to the long-term economic stability of the Town as
demonstrated by consistency with goals and policies related to economic development and financial stability.
The focus of staff is if the amendment would support surrounding commercial uses, including the abutting commercial parcel to
the west which is currently vacant. Allowing multi-family residential uses on this parcel is key to making the future commercial
parcel work and ensuring compatibility with adjacent residential uses. While the proposed amendment does not add a
non-residential use, it contributes to the long-term economic stability of the Town by adding needed density to support a local
commercial node in the Town. Moreover, the site is not viable for commercial uses due to poor visibility and a lack of
surrounding residential density.
The applicant provided an Economic Impact Analysis Report, included in Attachment 7, detailing the economic benefit of the
proposed concepts. The proposed apartment and rental casita concepts have the highest potential of supporting surrounding
commercial areas. This is discussed in more detail in the "Economic Impact" analysis section further in the report.
C. PROPOSED REZONING (ITEM B)
The second request is a rezoning from C-1 commercial to R-6 multi-family residential. The complete rezoning site analysis can
be found in Attachment 4.
The Zoning Code defines the proposed zoning district as follows:
This district is intended to support multi-family residential development, to accommodate an increased density of population and
to provide recreational and aesthetic amenities, which enhance the residential character of a multi-family project and produce a
high quality environment.
This district also furnishes employment opportunities, by providing for business and professional office complexes on a
residential scale, with low silhouettes, a variety of separate building masses and landscaped open space, to be compatible with
surrounding residential uses.
While the proposed rezoning does allow for higher density residential options, it retains the ability for employment opportunities.
This includes professional offices and art studios. These employment uses would still be allowed, but if proposed in the future
This includes professional offices and art studios. These employment uses would still be allowed, but if proposed in the future
would require approval of a Tentative Development Plan by Town Council.
The applicant is proposing five (5) Tentative Development Plans (see below) which depict the following:
Apartment
Development
167 maximum proposed units
25 feet high and two stories
Recreational areas
Internal pedestrian connections
35% of the site retained as open space
Buildings set back from property boundaries by parking
Sidewalks for pedestrian connectivity
Rental Casitas
167 maximum proposed units
20 feet high and single story
Recreational area
Internal pedestrian connections and landscaped areas
35% of the site retained as open space
Sidewalks for pedestrian connectivity
Senior Care
167 maximum proposed units
One main building, 25 feet and two-stories
Smaller single-story attached units around the perimeter of the site
Pedestrian circulation throughout the site
Recreational area
30% of site retained as open space
Sidewalks for pedestrian connectivity
Townhomes
107 proposed units
Attached dwelling units
25 feet tall and two stories
Recreational area
Sidewalks
10% of site retained as open space (R-4 zoning standards per code)
Sidewalks for pedestrian connectivity
Single-Family Detached Homes
57 proposed lots (4.2 homes per acre)
5,500 square feet minimum lot size
Maximum proposed building height is 25 feet and two-stories
Recreational area
0.6 acres (recreation area) retained as open space and landscaped buffers provided
Sidewalks for pedestrian connectivity
All proposed concepts will have a trail connection provided to the adjacent public trail system at Villages at Silverhawke Phase 3.
Per the condition of approval, a public trail will also be located on-site or on the adjacent Pima County property connecting to
Kai Dr. A connection across Kai Dr. to the adjacent commercial parcel is also required during the final site plan stage.
Rezoning Analysis
The proposed rezoning has been reviewed for conformance with the Town of Oro Valley Zoning Code and the Your Voice, Our
Future General Plan. A discussion of the application’s conformance with each of these items is provided below.
Tentative Development Plan
Access and Circulation: All Tentative Development Plans show access off Kai Drive to the interior of the site. As part of this
project, Kai Drive will be extended the rest of the way to Tangerine Road. Exiting Kai Drive, motorists can make a right only on
Tangerine Road. A right-in and left-in option will be provided from Tangerine Road onto Kai Drive. A Traffic Impact Statement
(Attachment 11) has been provided as part of the rezoning. Current road capacity, and the completion of Kai Dr., will be able to
accommodate vehicular traffic from the proposed development. As established in the 2015 rezoning, a traffic signal at the 1st
Avenue/Kai Drive intersection is contemplated and will be installed by the developer if warranted, likely with the development of
the Block 4 commercial property.
Pedestrian Connectivity: Internal pedestrian connections are provided throughout all concepts and sidewalk connections are
provided from the site to Kai Drive. Sidewalks on the future Kai Drive will connect to the multi-use path on Tangerine Road. As
noted on all TDP's, a safe pedestrian connection will be provided across Kai Drive to the future commercial area in conjunction
with the final site plan stage. A trail connection will also be provided within the site to the existing public trail easement at
Villages at Silverhawke Phase 3, and a public trail easement must either be provided on the site or on adjacent Pima County
property to complete the connection to Kai Drive per a rezoning condition of approval (Attachment 2).
Neighborhood Compatibility : The proposed residential design is compatible with the surrounding area because 1) it does not
increase the building height from 25 feet allowed under the existing zoning or what is allwed in the adjacent Villages at
Silverhawke subdivision 2) has a lesser impact (e.g. traffic, noise, etc.) than commercial zoning and 3) provides a more
graduated land use transition between single family residences and more intense commercial uses.
To increase compatibility with the surrounding homes, staff has added a rezoning condition (Attachment 2) that an
enhanced bufferyard with a continuous tree canopy be added on the southern and eastern boundaries of the site for the
apartment and rental casita, and should it be approved, the townhome concept, which are the most intense proposals.
Building Height : The following considerations relate to building height:
The proposed building height of 25’, two-story, is the same as what is allowed under current zoning and is the maximum
permitted under the proposed R-6 zoning. The applicant is not proposing an increase in building height.
The proposed 25' building height is the same as what is allowed in the adjacent Villages at Silverhawke subdivision.
From 1st Avenue, the proposed 25' building height will not impact mountain views of the Catalina's.
Due to existing topography and a distance of approximately 450 feet from Tangerine Road, the proposed buildings will not
be visible from Tangerine Road along the property's frontage.
Mountain views for future adjacent homes would not be impacted.
The applicant has provided a view shed analysis which is included in Attachment 4. The image below provides a few view
perspectives looking towards and from the site.
Grading:
The existing site is mostly flat with some slopes on the northern portion of the site. Per code, grading is limited to 6 feet of cut
(removing dirt) and fill (adding dirt) or 8 feet if terracing is used. If these are exceeded, a grading exception is required. The
applicant is proposing to stay within these limitations and will not be pursuing a grading exception.
Required Bufferyards: The applicant's proposal meets the required bufferyard requirements per section 27.6.C.4 of the Zoning
Code. A rezoning condition of approval is included in Attachment 2 that would require an enhanced bufferyard with a continuous
tree canopy along the southern and eastern boundaries of the site for the apartment and rental casita concept, and, should it be
approved, the townhome option, which are the most intensive proposals. In addition, should it be approved, the senior care use
would also be subject to the proposed enhanced bufferyard requirement. The applicant proposes using existing landscaping at
Villages at Silverhawke Phase 3 to count towards the bufferyard requirement as allowed by code. Lastly, a condition of approval
in Attachment 2 would also require the proposed single-family residential concept to have code compliant bufferyards if approved.
General Plan Analysis
The proposed rezoning is consistent with the Your Voice, Our Future General Plan as stated in the General Plan Analysis
section of this report.
Environmentally Sensitive Lands (ESL)
ESL was previously applied to this entire area as part of the original and comprehensive Tentative Development Plan during the
2015 rezoning, which included the Villages at Silverhawke residential subdivision. The result was approximately 86-acres, or
58%, of environmentally sensitive open space conserved. This proposal does not require any additional ESL conservation.
Existing Conditions and Economic Impact
A foundational component when considering this request is how the proposed concepts support surrounding commercial areas
in terms of economic benefit. As mentioned previously, this site has poor viability for commercial uses due to a lack of visibility
(setback from Tangerine road and topography) and not enough existing residential density to support commercial development.
The 1st Ave. and Tangerine Rd. intersection can be considered a local serving commercial center. However, another such
commercial center at the La Canada Dr. and Lambert Ln. intersection is 46-acres smaller (31-acres versus 77-acres) with a
residential density of 2,340 more people within a 1.5-mile radius. The 1st Avenue and Tangerine Road intersection also has
more nearby competition from regional commercial centers, such as the Oro Valley Marketplace and the Oracle Road and 1st
Avenue intersection.
The graphic below shows the varying sizes of four main commercial centers in Oro Valley. As described above, the subject
intersection is considered a local serving commercial center. However, it is actually larger than the regional commercial center
located at Oracle Road and 1st Avenue and over twice the size of another local commercial center at Lambert Lane and La
Canada Dr.
The subject intersection has more commercially zoned land than what is reasonable to develop compared to nearby regional
commercial areas that see more traffic. The proximity to the commercial centers along Oracle Rd. is also a challenge, as this
creates more competition without the necessary surrounding residential density to support all of these areas. Reducing the
amount of commercially zoned land to more closely resemble the local commercial center at Lambert Ln. and La Canada Dr. is
justifiable and reasonable to make it a viable commercial center.
The 1st Avenue and Tangerine Road
intersection is approximately 77-acres in
size with approximately 55 commercially
zoned acres, or 71 percent of the intersection, vacant. The surrounding area, particularly the Rancho Vistoso PAD, has not
developed to the originally anticipated residential density to support the intersection. Staff anticipates additional parcels,
including the subject property, to rezone to higher density residential uses to make the remaining vacant commercial parcels
viable. The image below shows the vacant commercially zoned parcels outlined in red. The stars indicate the parcels staff
anticipates future rezoning applications to residential uses due to the issues mentioned previously.
Staff had asked the applicant to provide
an Economic Impact Analysis Report
detailing how each of the five proposed
uses would support surrounding commercial areas. The applicant's findings are summarized below in a table, and the complete
report can be found in Attachment 7.
Proposed Use Risk Level for
Development
Community Economic
Benefit
Tech/R&D High High
Apartments Low High
Rental Casitas Low High
Townhomes Low Moderate-High
Single-Family
Homes Low Moderate
Senior Care Moderate-High Low
The findings detailed in the report supported staff's own analysis regarding which uses would have the most positive impacts to
commercial uses. Of all the proposed used, apartments and rental casitas have the greatest economic benefit due to the higher
density of the proposed developments.
Tech and research and development uses also have a high economic impact, although it is more difficult to fill the site with this
use. Research and development businesses can still operate in professional offices, which is allowed under the proposed R-6
zoning. Even though the applicant is proposing residential uses, the opportunity for a research and development office is not
being taken away, although staff acknowledges that if the site were to develop with that use in the future, the approval of a
Tentative Development Plan would be required by Town Council.
Senior care and single-family residential uses have the least amount of economic benefit while townhomes still fall short of the
apartment and rental casitas. Because of these factors, the Planning and Zoning Commission recommended that only the
apartment and rental casita TDP's be considered as part of the rezoning application. If a senior care, single-family residential, or
townhome development was ever proposed in the future on the parcel, as R-6 zoning permits those uses, it would require Town
Council reconsideration.
The General Plan supports commercial uses and retaining employment opportunities, which is a core component of the Plan.
The proposed rezoning, particularly the apartment and rental casita concepts, will support surrounding commercial development,
including the adjacent vacant parcel without any additional impacts to surrounding uses. In fact, the overall impacts would be
less than what the existing zoning and site plan allows. The findings of the Economic Analysis Report support the patterns staff
has seen in the Town and why this component was a key consideration early in the process.
D. PUBLIC PARTICIPATION
The following public notice has been provided:
Notification of all property owners within 1,000 feet
Notification to additional interested parties who signed in at neighborhood meetings
Homeowners Association mailing
Advertisement in The Daily Territorial and Arizona Daily Star newspapers
Post on property
Post at Town Hall and on Town website
Outside review agencies
Due to the unique circumstances of the COVID-19 pandemic, one informational video was posted online on April 10, 2020. Over
20 questions and comments were submitted by community members in response to the video, and on April 30, 2020, a second
informational video was posted online addressing the questions and comments. All questions and comments can be found in
Attachment 13.
Three online fully-interactive Zoom meetings were held on May 21, August 6, and September 10, 2020. Between 30-40
residents and interested parties attended each meeting. Primary concerns brought up by residents included the following:
Compatibility of the proposed development to the surrounding area
The applicant explained that the proposal would result in a more compatible and graduated land use transition than
what is existing.
Traffic safety
A Traffic Impact Statement has been reviewed by Town staff for safety and traffic impacts. All necessary mitigation
measures will be implemented if needed.
Pedestrian safety
Internal pedestrian connections will be provided within the proposed developments and along Kai Drive.
Light pollution
The applicant explained that exterior lights would be subject to Town standards and would include methods such as
being shielded and downcast.
Potential impacts to property values
The applicant explained that there would be no adverse impacts to property values.
Economic benefit of the proposal
The applicant went through each of the proposed concepts and the associated economic benefit.
In response to the neighbors’ concerns, the applicant has agreed to the condition of approval in Attachment 2 related to an
enhanced bufferyard on the southern and eastern portions of the subject property for the apartment, rental casita, and, if
approved, the townhome and senior care option.
A copy of the neighborhood meeting summary notes is provided as Attachment 14.
E. PLANNING AND ZONING COMMISSION
The applicant's request was heard by the Planning and Zoning Commission on October 13 and November 10, 2020. The main
topics discussed by the Commission were the proposed bufferyards, alerting prospective property owners to the requests, and
the economic benefit of the townhome concept relative to the number of anticipated units.
Two residents spoke at the November 10 meeting and topics included; when the use would be decided on, clarifying how Kai
Drive would work, and supporting the applications and approval of all concepts.
At the conclusion of the November 10, 2020 meeting, the Commission recommended approval of both requests subject to the
rezoning conditions in Attachment 2. Staff had initially added conditions for all potential development scenarios, and these were
appropriately removed by the Commission.
F. SUMMARY AND RECOMMENDATION
The Planning and Zoning Commission recommended approval of the General Plan Amendment request and conditional
approval of the rezoning request subject to the conditions in Attachment 2 at the November 10, 2020 meeting. Please note, the
rezoning conditions narrow the number of development scenarios requested by excluding Townhome, senior care, or single
family residential Tentative Development Plans
If Town Council chooses to approve the townhome, senior care, or single family residential Tentative Development Plans, the
rezoning motion would need to indicate such. Also, the following conditions of approval should be added:
An enhanced bufferyard that provides a continuous tree canopy must be provided along the southern and eastern portion
of the property adjacent to Villages at Silverhawke Phase 3 for Exhibit III-C-2d: Tentative Development Plan ‘D’
(Townhomes).
To provide a varied streetscape, building setbacks must be staggered along interior streets for Exhibit III-C-2d: Tentative
Development Plan ‘D’ (Townhomes). The varied setbacks must be provided per Section 23.7.B.3.d of the Zoning Code.
For Exhibit III-C-2e: Tentative Development Plan ‘E’ (Single-Family Residential), the R-6 bufferyard requirements in Table
27-7 of the Zoning Code shall apply.
For Exhibit III-C-2c: Tentative Development Plan ‘C’ (Senior Care), the following will apply:
a) The loading zone must be re-positioned to an area that is more appropriate for screening and circulation during the
Final Site Plan stage.
b) An enhanced bufferyard must be provided in accordance with above referenced Condition 3.
FISCAL IMPACT:
If approved, the Town would be responsible for maintaining the public trail easement and cultural resource area.
SUGGESTED MOTION:
Separate motions are required for each item. Furthermore, action to approve Item A is required in order to make a motion on
Item B.
Town Council may wish to consider the following motions:
ITEM A:
I MOVE to ADOPT Resolution No. (R)20-59, approving the Type 1 General Plan Amendment to change two Kai-Capri Special
Area policies to allow R-6 multi-family residential zoning uses on the subject parcel located southeast of the 1st Avenue and
Tangerine Road intersection, based on the finding that the request complies with the amendment criteria and the General Plan.
OR
I MOVE to DENY Resolution No. (R)20-59, for a Type 1 General Plan Amendment to change two Kai-Capri Special Area
policies to allow R-6 multi-familiy residential zoning uses on the subject parcel located southeast of the 1st Avenue and
Tangerine Road intersection, based on the finding that _________________________________________.
ITEM B:
I MOVE to ADOPT Ordinance No. (O)20-11, approving the 1st Avenue and Tangerine Road rezoning request, subject to
the conditions listed in Attachment 2, to change the zoning designation of a vacant parcel from C-1 Commercial to R-6
Multi-Family Residential, based on the finding the request complies with the Town of Oro Valley Zoning Code and the General
Plan.
OR
I MOVE to DENY Ordinance No. (O)20-11 for the 1st Avenue and Tangerine Road rezoning request to change the zoning
designation of a vacant parcel from C-1 Commercial to R-6 Multi-Family Residential, based on the finding that
_________________________.
Attachments
(R)20-59 GPA Kai Capri Special Area Policies
(O)20-11 Rezoning Conditions
Attachment 3: Type 1 General Plan Amendment Request
Attachment 4: Rezoning Request and Site Analysis
Attachment 5: Kai Capri Area Map
Attachment 6: Approved 2015 Tentative Development Plan
Attachment 7: Economic Impact Analysis Report
Attachment 8: Planning and Zoning Commission Staff Reports
Attachment 9: Planning and Zoning Commission Meeting Minutes
Attachment 10: Kai-Capri Special Area Policies
Attachment 11: Traffic Impact Statement
Attachment 12: Approved Public Outreach Plan
Attachment 13: Public Questions and Comments
Attachment 14: Neighborhood Meeting Summaries
Staff Presentation
D R A F T
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR AND STUDY SESSION
DECEMBER 2, 2020
ONLINE ZOOM MEETING
REGULAR SESSION AT OR AFTER 5:00 PM
CALL TO ORDER
Mayor Winfield called the meeting to order at 5:02 p.m.
ROLL CALL
Present: Joseph C. Winfield, Mayor
Melanie Barrett, Vice-Mayor
Harry Greene, Councilmember
Josh Nicolson, Councilmember
Steve Solomon, Councilmember
Absent: Tim Bohen, Councilmember
Joyce Jones-Ivey, Councilmember
EXECUTIVE SESSION - Pursuant to A.R.S. §38-431.03(3) and/or (4) regarding A.R.S. §38-431 et seq. (open
meetings) and Pima County
Mayor Winfield announced that the following staff members would be joining Council in the Executive
Session: Town Attorney Gary Cohen, Legal Services Director Tobin Sidles, Town Manager Mary Jacobs,
Assistant Town Manager Chris Cornelison and Town Clerk Mike Standish.
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive
Session at 5:05 p.m. Pursuant to A.R.S. §38-431.03(3) and/or (4) regarding A.R.S. §38-431 et seq. (open
meetings) and Pima County
Vote: 5 - 0 Carried
RECONVENE REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
Mayor Winfield reconvened the Regular Session at 6:00 p.m.
ROLL CALL
Present: Joseph C. Winfield, Mayor
12-2-20 Minutes, Town Council Regular and Study Session 1
Present: Joseph C. Winfield, Mayor
Melanie Barrett, Vice-Mayor
Harry Greene, Councilmember
Josh Nicolson, Councilmember
Steve Solomon, Councilmember
Absent: Tim Bohen, Councilmember
Joyce Jones-Ivey, Councilmember
Councilmember Bohen joined the meeting at 6:02 p.m.
PLEDGE OF ALLEGIANCE
Mayor Winfield led the audience in the Pledge of Allegiance.
UPCOMING MEETING ANNOUNCEMENTS
Town Clerk Mike Standish announced the upcoming Town meetings.
COUNCIL REPORTS
Vice-Mayor Barrett reported that the new playground at Naranja Park was well-received.
Mayor Winfield provided an overview of the format changes for online Council meetings.
Mayor Winfield expressed appreciation to Oro Valley citizens for their compliance to CDC guidelines and
for their continued vigilance during the COVID-19 pandemic.
TOWN MANAGER'S REPORT
Town Manager Mary Jacobs reported the following information:
Additional details regarding the online Zoom format being used by the Town
The University of Arizona Center for Innovation at Oro Valley held the grand opening of their
Bioscience Incubator on December 3, 2020
Status update regarding the Pusch 9 Golf Course discussions
Staff has a meeting scheduled with Rompsen for Friday, December 4
Wished residents a very Happy Holidays and New Year
ORDER OF BUSINESS
Mayor Winfield reviewed the order of business and stated that the order would stand as posted.
Mayor Winfield provided the guidelines for participation in the Town Council's Regular and Study
Session Zoom meeting.
INFORMATIONAL ITEMS
There were no informational items.
CALL TO AUDIENCE
Oro Valley resident Bill Sugars voiced his concerns regarding the Vistoso Golf Course.
12-2-20 Minutes, Town Council Regular and Study Session 2
Oro Valley resident Bill Sugars voiced his concerns regarding the Vistoso Golf Course.
Oro Valley resident Rosa Daily voiced her concerns regarding the Vistoso Golf Course.
Oro Valley resident Rich Molnar voiced his concerns regarding the Vistoso Golf Course.
Oro Valley resident Richard Beam voiced his concerns regarding the Vistoso Golf Course.
Oro Valley resident Cindy Wicker thanked Council for their efforts regarding the Vistoso Golf Course.
Oro Valley resident Teresa Marro voiced her concerns regarding the Vistoso Golf Course.
PRESENTATIONS
1.Presentation regarding the Town's progress on implementing the Your Voice, Our Future General Plan
Oro Valley Principal Planner Milini Simms presented item #1 and included the following:
Purpose
General Plan
Implementing the General Plan
Where are we in the process?
2019 Summary
2020 Update
2020 Update - Community Actions
2020 Update - Environment Actions
2020 Update - Development Actions
Future Items
Summary
Discussion ensued amongst Council and staff regarding item #1.
CONSENT AGENDA
A.Minutes - November 12 and November 18, 2020
B.Adoption of the 2021 regular Town Council meeting schedule
C.Resolution No. (R)20-56, approving the Agenda Committee assignment for the period of December 1,
2020, to February 28, 2021
D.(Re)appointments to any or all of the various boards and commissions: Board of Adjustment (BOA),
Budget and Finance Commission (BFC), Historic Preservation Commission (HPC), Parks and Recreation
Advisory Board (PRAB), Planning and Zoning Commission (PZC), Stormwater Utility Commission (SWUC)
and Water Utility Commission (WUC)
E.Approval of Council Liaison assignments for 2021
F.Resolution No. (R)20-57, authorizing and approving a Memorandum of Understanding with the State of
Arizona concerning Arizona Opioid Litigation Settlement
G.Resolution No. (R)20-58 approving the Town's Legislative Agenda, protocols guiding the Town’s priorities
for the 2021 legislative session and any lobbying activities
Motion by Mayor Joseph C. Winfield, seconded by Vice-Mayor Melanie Barrett to approve Consent
12-2-20 Minutes, Town Council Regular and Study Session 3
Motion by Mayor Joseph C. Winfield, seconded by Vice-Mayor Melanie Barrett to approve Consent
Agenda items (A) - (G).
Vote: 6 - 0 Carried
REGULAR AGENDA
1.NOMINATION AND ELECTION OF VICE MAYOR
Mayor Winfield nominated Vice-Mayor Barrett to serve as Vice mayor for 2021, seconded by
Councilmember Nicolson.
Discussion ensued amongst Council and staff regarding item #1.
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to nominate
Vice-Mayor Barrett as the Vice Mayor for 2021.
Vote: 5 - 1 Carried
OPPOSED: Councilmember Steve Solomon
2.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A
SERIES 7 (BEER AND WINE BAR) LIQUOR LICENSE FOR FIRETRUCK BREWING COMPANY,
LOCATED AT 9630 N. ORACLE ROAD
Town Clerk Mike Standish presented item #2.
Mayor Winfield opened the public hearing.
No comments were received.
Mayor Winfield closed the public hearing.
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to recommend
approval of the issuance of a Series 7 Liquor License to the Arizona Department of Liquor Licenses and
Control for Kevin Arnold Kramber for Firetruck Brewing Company, located at 9630 N. Oracle Rd.
Vote: 6 - 0 Carried
3.DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPOSED 1ST AVENUE AND
TANGERINE ROAD GENERAL PLAN AMENDMENT AND REZONING FOR 13.44-ACRES, LOCATED
SOUTH OF TANGERINE ROAD AND APPROXIMATELY 1/4-MILE EAST OF 1ST AVENUE
A. RESOLUTION NO. (R)20-59, TYPE 1 GENERAL PLAN AMENDMENT TO CHANGE TWO
KAI-CAPRI SPECIAL AREA POLICIES TO ALLOW R-6 MULTI-FAMILY RESIDENTIAL DISTRICT
ZONING USES ON A VACANT COMMERCIAL PARCEL (2001085)
B. PUBLIC HEARING: ORDINANCE NO. (O)20-11, REZONING TO CHANGE THE ZONING
DESIGNATION OF A VACANT PARCEL FROM C-1 COMMERCIAL TO R-6 MULTI-FAMILY
RESIDENTIAL (2001306)
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to ADOPT
Resolution No. (R)20-59, approving the Type 1 General Plan Amendment to change two Kai-Capri Special
Area policies to allow R-6 multi-family residential zoning uses on the subject parcel located southeast of
the 1st Avenue and Tangerine Road intersection, based on the finding that the request complies with the
amendment criteria and the General Plan.
Motion was withdrawn by Mayor Winfield and Councilmember Solomon withdrew his second to the motion.
12-2-20 Minutes, Town Council Regular and Study Session 4
Discussion ensued amongst Council and staff regarding item #3A.
Oro Valley Senior Planner Hannah Oden presented item #3A and included the following:
Purpose
Applicant's Request
Key Considerations
Background and History: General Plan and Special Area Polices
Background and History: Rezoning
Previously Approved Tentative Development Plan
Applicant's Request: General Plan Amendment
Your Voice, Our Future General Plan
General Plan Amendment Criteria
General Plan Amendment Criteria Analysis
General Plan Amendment Criteria Analysis
Local Vs. Regional Commercial Centers
Comparison of Key Factors Supporting Commercial Areas
Vacant Commercial Parcels Transition to Residential
Residential Density and Economic Potential
Applicant's Request: Rezoning
Proposed Tentative Development Plans
Public Participation
Your Voice, Our Future General Plan and Zoning Code Conformance
Planning and Zoning Commission
Summary and Recommendation
Applicant James Kai provided the background of the proposed 1st Avenue and Tangerine Road General
Plan Amendment and Rezoning for 13.44-Acres, located South of Tangerine Road and Approximately
1/4 mile East of 1st Avenue.
Paul Oland, Owner of Paradigm Land Design and representing the applicant, provided an overview of
the proposed project and included several maps regarding the subject property.
Discussion ensued amongst Council and staff regarding item #3A and #3B.
Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Tim Bohen to continue item #3A
and #3B to the January 6th Council meeting.
Discussion continued amongst Council and staff regarding item #3A and #3B.
The motion to continue item #3A and #3B to the January 6th Council meeting was withdrawn by
Vice-Mayor Barrett and Councilmember Bohen withdrew his second to the motion.
Mayor Winfield opened public comment on item #3.
The following individuals spoke in support of item #3.
President and CEO of the Oro Valley Chamber of Commerce and resident of Oro Valley Dave Perry
spoke in favor of item #3.
Oro Valley resident David Blanchette
The following individual spoke regarding item #3.
Oro Valley resident Devon Sloan
12-2-20 Minutes, Town Council Regular and Study Session 5
Mayor Winfield closed the public comment on item #3.
Discussion continued amongst Council, staff and Mr. Oland regarding agenda item #3.
Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Tim Bohen to continue item #3A
and #3B to the January 6th Council meeting.
Vote: 6 - 0 Carried
FUTURE AGENDA ITEMS
No future agenda items were requested.
ADJOURNMENT OF THE REGULAR SESSION
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to adjourn the Regular
Session at 8:28 p.m.
Vote: 6 - 0 Carried
Mayor Winfield recessed the meeting at 8:29 p.m.
Mayor Winfield reconvened the meeting at 8:38 p.m.
STUDY SESSION
CALL TO ORDER
Mayor Winfield called the Study Session to order at 8:39 p.m.
STUDY SESSION AGENDA
1.PRESENTATION AND DISCUSSION REGARDING THE TOWN'S UPDATED GENERAL FUND
FIVE-YEAR FINANCIAL FORECAST
Town Manager Mary Jacobs provided an overview for Study Session item #1.
Finance and Budget Administrator Wendy Gomez provided the following information regarding the
Updated General Fund Five-Year Forecast and included the following:
Overview
General Fund Revenue Assumptions
General Fund Revenues
General Fund Expenditure Assumptions
General Fund Expenditures
General Fund Forecast
Discussion ensued amongst Council and staff regrading the updated General Fund Five-Year Financial
Forecast.
ADJOURNMENT
Mayor Winfield adjourned the meeting at 9:19 p.m.
12-2-20 Minutes, Town Council Regular and Study Session 6
_______________________________
Michelle Stine, MMC
Deputy Town Clerk
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular and study
session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 2nd day of December 2020. I further
certify that the meeting was duly called and held and that a quorum was present.
Dated this _____ day of ____________________, 2020.
___________________________
Michael Standish, CMC
Town Clerk
12-2-20 Minutes, Town Council Regular and Study Session 7
RESOLUTION N O. (R)21-01
A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA,
AMENDING THE GENERAL PLAN TO CHANGE TWO KAI-CAPRI
SPECIAL AREA POLICIES TO ALLOW R-6 MULTI-FAMILY
RESIDENTIAL DISTRICT ZONIN G USES ON A VACANT
COMMER CIAL PARCEL LOCATED SOUTH OF TANGERINE ROAD
AND APPROXIMATELY 1/4-MILE EAST OF 1ST AVENUE; AND
DIRECTING THE TOWN M ANAGER, TOWN CLERK, TOWN LEGAL
SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS
AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT
THE PURPOSES AN D INTENT OF THIS RESOLUTION
WHEREAS, the Town of Oro Valley residents ratified the Your Voice, Our Future General Plan
on November 8, 2016; and
WHEREAS, the Applicant is requesting to change two Kai-Capri Special Area Polices in the
General Plan to allow for R-6 mult i-famil y residential district zoning uses; and
WHEREAS, the uses proposed are apartments, rental casitas, townhomes, senior care facilities,
and single-family residential homes; and
WHEREAS, pursuant to A.R.S. § 9-461, et seq. and OVZC, Section 22.2, the Planning and
Zoning Commission held two duly noticed public hearings, one on October 13, 2020, and the
other on November 10, 2020, which the Planning and Zoning Commission recommended
approval of the application requesting a Type 1 General Plan amendment to change two Kai-
Capri Special Area Policies to allow R-6 Multi-Family Residential district zoning uses on a
vacant commercial parcel located south of Tangerine Road and approximately 1/4-mile east of
1st Avenue , as depicted on Exhibit “A”; and
WHEREAS, pursuant to Oro Valley Zoning Code Revised, Section 22.1, General Plan
Amendment Procedures, upon recommendation by the Planning and Zoning Commission of any
amendment to the General Plan, a public hearing before the Mayor and Council shall be
scheduled; and
WHEREAS, Mayor and Council duly considered the proposed Type 1 General Plan Amendment
to change two Kai-Capri Special Area Policies to allow R-6 Multi-Family Residential district
zoning uses on a vacant commercial parcel located south of Tangerine Road and approximately
1/4-mile east of 1st Avenue at a public hearing on December 30, 2020.
NOW, THEREFORE, BE IT RESOLVED by the M ayor and Town Council of the Town of
Oro Valley that:
SECTION 1. The Mayor and Council hereby adopts the Type 1 General Plan Amendme nt to
change two Kai-Capri Special Area Policies to allow R-6 Multi-Family
Residential district zoning uses on a vacant commercial parcel located south of
2
Tangerine Road and approximately 1/4-mile east of 1st Avenue , as depicted on
Exhibit “A”.
SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of the resolution or
any part of the General Plan Amendment adopted herein is for any reason held to
be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions
thereof.
SECTION 3. The Town Manager, Town Clerk, Town Legal Services Director, or their duly
authorized officers and agents are hereby authorized and directed to take all steps
necessary to carry out the purposes and intent of this resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 6th
day of January, 2021.
TOWN OF ORO VALLEY
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FORM :
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
3
EXHIBIT “A”
Amendment to Section 8.6.2. Kai-Capri of the Your Voice, Our Future General Plan: Additions
shown in BOLD CAPS and deletions shown with strikethrough.
General
4. Any change to the General Plan that would allow more than 1.0 units per acre, overall, on
the residential area on the property shall be treated as a major amendment. As currently
mapped, the maximum number of residential units on the Kai-Capri Property is 255 394,
and up to 10 are allowed on the Steam Pump Ranch Estates property. Any change of the
commercial area to residential uses shall be treated as a major amendment.
Neighborhood Commercial/Office (NCO)
1. Must be developed for commercial and office uses as part of an overall master plan that
includes planning for the Master Plan Community (MPC) property to the south.
SILVERHAWKE BLOCK 5, PARCEL 220-06-0640, MAY ALSO BE
DEVELOPED FOR R -6 USES.
ORDINANCE NO. (O)21-01
AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA,
APPROVING A REZONING REQUEST FOR A 13.44-ACRE
RESIDENTIAL DEVELOPMENT, LOCATED SOUTH OF
TANGERINE ROAD AND APPROXIMATELY 1/4-MILE EAST OF
FIRST AVEN UE; REPEALING ALL RESOLUTIONS,
OR DINANCES AND RULES OF THE TOWN OF ORO VALLEY
IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND
DUTIES THAT HAVE ALR EADY MATURED AND
PROCEEDINGS THAT HAVE ALREADY BEGUN THER EUNDER
WHEREAS, The Applicant, applied for a rezoning of a 13.44 acre vacant parcel fr om C-
1 commercial to R-6 multi-family residential located south of Tangerine Road and
approximately 1/4-mile east of First Avenue, as depicted on Exhibit “A” attached hereto ;
and
WHEREAS, the Applicant’s Tentative Development Plans (TDP) depict a variety of
development options permitted under R-6 multi-family residential zoning. This includes
apartments, rental casitas, senior care, townhomes, and a single-family residential
development. The number of units ranges from 57 to 167 with a maximum height of 25-
feet and 10-35 percent of the site retained as open space; and
WHEREAS, the Applicant’s request for rezoning complies with the Oro Valley Zoning
Code (OVZC R); and
WHEREAS, the Applicant's request for rezoning complies with the applicable Your
Voice Our Future General Plan requirements; and
WHEREAS, on November 10, 2020, the Planning & Zoning Commission recommended
conditional approval of the rezoning of a 13.44-acre vacant parcel from C-1 commercial
to R-6 multi-family residential, located south of Tangerine Road and approximately 1/4-
mile east of First Avenue , subject to the conditions in Exhibit “B”; and
WHEREAS, the Town Council has duly considered the Applicant’s request for the
rezoning of a 13.44-acre vacant parcel from C-1 commercial to R-6 multi-family
residential, located south of Tangerine Road and approximately 1/4-mile east of First
Avenue, subject to the conditions in Exhibit “B ”.
NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of
Oro Valley, Arizona that the rezoning requested by the applicant, of a 13.44-acre vacant
parcel from C-1 commercial to R-6 multi-family residential, located south of Tangerine
Road and approximately 1/4-mile east of First Avenue , subject to the conditions in
Exhibit “B ”, is hereby approved.
N OW THEREFORE BE IT FURTHER ORDAINED that:
1. All Oro Valley ordinances, resolutions or motions and parts of ordinances,
resolutions or motions of the Council in conflict with the provision of this
Ordinance are hereby repealed.
2. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions thereof.
PASSED AN D ADOPTED by the Mayor and Council of the Town of Oro Valley,
Arizona, on this 6th day of January, 2021.
TOWN OF ORO VALLEY
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FORM :
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
EXHIBIT “A”
EXHIBIT “B”
Conditions of Approval
1st Avenue and Tangerine Road Rezoning (2001306)
Planning
1. Only Exhibit III-C-2a: Tentative Development Plan ‘A’ (Apartments) and
Exhibit III-C-2b: Tentative Development Plan ‘B’ (Rental Casitas) be
included as part of this rezoning .
2. Regarding the bufferyard along the entire northern property line, one of
the three bufferyards must be provided:
a. A forty (40) foot na tural desert bufferyard with a 10-foot public trail
easement connecting to Kai Drive. Additional vegetation shall be
provided between the development and the trail easement that
provides a continuous tree canopy and understory vegetation. A
wildlife friendly fence must be provided on the property line
between the subject property and Pima County.
b. A twenty (20) foot bufferyard with a 10-foot public trail easement
connecting to Kai Drive. Additional vegetation shall be provided
between the development and the trail easement that provides a
continuous tree canopy and understory vegetation. A minimum five
(5) foot tall view fence shall be provided between the development
and the vegetative screen. A wildlife friendly fence must be
provided on the property line between the subject property and
Pima County.
c. A minimum ten (10) foot bufferyard ‘A’ with a 10 foot public trail
easement on the adjacent Pima County property connecting to Kai
Drive. A wildlife friendly fence must be provided on the prope rty line
between the subject property and Pima County with appropriate
trail access openings.
3. An enhanced bufferyard that provides a continuous tree canopy must be
provided along the southern and eastern portion of the property adjacent
to Villages at Silverhawke P hase 3 for Exhibi t III-C-2a: Tentative
Development Plan ‘A’ (Apartments) and Exhibit III-C-2b: Tentative
Development Plan ‘B’ (Rental Casitas).
4. The cultural resource area, as shown in “Attachment 1”, must be
dedicated to the Town during the final design stage prior to the approval of
a final site plan. The area must be protected from disturbance during
construction with a temporary chain-link fence.
Attachment 1
Cultural resource area to be
dedicated to the Town.
Public Hearing: Proposed General Plan Amendment
Near the 1st Avenue and Tangerine Road Intersection
December 30, 2020
Purpose
Type 1 General Plan Amendment must be
considered this year at a public hearing
Fulfill legal public hearing requirement
Applicant’s Request: General Plan Amendment
Allow R-6 multi-family residential zoning uses
Change two General Plan Special Area Policies
Public hearing only, no action may be taken
N. 1stAve.
Applicant’s Request
Utilize existing Neighborhood
Commercial/Office (NCO) land use
Change two Kai-Capri Special Area Policies
Increase number of permitted residential dwelling
units from 255 to 394
Allow R-6 multi-family residential uses within a
portion of NCO area
Apartments
Rental Casitas
Townhomes
Senior Care
Single-Family Homes
Summary and Recommendation
Public hearing only
Satisfies legal requirement
Staff recommends opening the public
hearing, listening to testimony, closing
public hearing
No action may be taken
Next public hearing on January 6, 2021
Town Council discussion and possible action
Town Council Special Session 2.
Meeting Date:12/30/2020
Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
*APPROVAL OF APPOINTMENTS TO THE STORMWATER UTILITY COMMISSION AND THE PLANNING AND
ZONING COMMISSION
RECOMMENDATION:
Stormwater Utility Commmission (SWUC)
The Stormwater Utility Commission has one vacancy. The SWUC interview panel has recommended the
following appointment:
David Parker
Planning and Zoning Commission (PZC)
The Planning and Zoning Commission has one vacancy. The PZC interview panel has recommended the following
appointment:
Robert Henderson
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
The applications for the prospective new board and commission members are attached.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE that the following appointments to the SWUC and PZC be made effective January 1, 2021:
Stormwater Utility Commission (SWUC)
David Parker for a term expiring December 31, 2022
Planning and Zoning Commission (PZC)
Robert Henderson for a term expiring December 31, 2021
Attachments
David Parker Application
Robert Henderson Application