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HomeMy WebLinkAboutPackets - Council Packets (1497) **AMENDED (06/30/00, 4:45 p.m.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JULY 5, 2000 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE EXECUTIVE SESSION AT OR AFTER 6:30 PM 1. Pursuant to A.R.S. 38-431.03 (A)(3) Legal Advice relating to the award of bid for the drilling of two wells for the Oro Valley Water Utility System REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER 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 — According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience" cannot be discussed by the Town Council as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. 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 — May 8, 10, 12, 22, 24, June 12, 2000 B. Finance Report — May 31, 2000 C. Appointment of Jim Hossley as an alternate Town of Oro Valley representative on the Pima County Flood Control District Advisory Committee D. Resolution No. (R)00-67 Approval of crosswalks along Woodburne Avenue at Granville Canyon Way and Wanderlust Road E. OV12-94-31 Cottonwood Properties request release of Lots197- 205 Desert Vista Subdivision from the third party trust agreement and will replace with a letter of credit in the amount of $80,866 07/05/00 Agenda. Council Regular Session 2 F. OV12-00-05 Rancho Vistoso Neighborhood 7 Parcel A, Preliminary Plat (located adjacent to Moore Road, west of Highlands Wash and east of Vistoso Ridge) 2. RESOLUTION NO. (R)00-68 EXECUTING A FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE GREATER TUCSON ECONOMIC COUNCIL EFFECTIVE JULY 1, 2000 THROUGH JUNE 30, 2001 3. RESOLUTION NO. (R)00-69 EXECUTING A FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU EFFECTIVE JULY 1, 2000 THROUGH JUNE 30, 2001 4. RESOLUTION NO. (R)00-70 EXECUTING A FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE CHAMBER OF NORTHERN PIMA COUNTY EFFECTIVE JULY 1, 2000 THROUGH JUNE 30, 2001 5. RESOLUTION NO. (R)00-71 DECLARING THE TOWN'S INTENTION TO FINANCE ADDITIONS AND EXTENSIONS TO THE TOWN'S WATER AND FIRE PROTECTION SYSTEMS; DECLARING THE TOWN'S POLICY WITH RESPECT TO FINANCING WATER INFRASTRUCTURE IMPROVEMENTS FOR FUTURE DEVELOPMENT, DIRECTING THE STAFF AND THE TOWN'S BOND COUNSEL TO NEGOTIATE THE FOLLOWING AGREEMENTS: A PURCHASE AGREEMENT FOR THE ADDITIONS AND EXTENSIONS; A TRUST AGREEMENT PERTAINING TO THE EXECUTION AND DELIVERY OF PLEDGED REVENUE OBLIGATIONS; A CONTINUING DISCLOSURE UNDERTAKING; AN OBLIGATION PURCHASE AGREEMENT; AND AN OFFICIAL STATEMENT WITH RESPECT TO THE SALE OF PLEDGED REVENUE OBLIGATIONS TO BE PAID PRIMARILY FROM WATER AND FIRE FLOW DEVELOPMENT IMPACT FEES TO BE RECEIVED BY THE TOWN IN THE FUTURE; AND DECLARING AN EMERGENCY 6. PUBLIC HEARING — ORDINANCE NO. (0)00-21 OV9-99-115 LINDA VISTA/ORACLE ROAD REZONING — REQUEST TO REZONE 14.3 ACRES FROM R1-144 TO C-N (PROPERTY LOCATED ON THE NORTHWEST CORNER OF ORACLE ROAD AND LINDA VISTA BOULEVARD) (CONTINUED FROM JUNE 21, 2000) 7. PUBLIC HEARING — ORDINANCE NO. (0)00-22 ADOPTING A DEVELOPMENT AGREEMENT FOR THE SHERATON EL CONQUISTADOR RESORT 07/05/00 Agenda, Council Regular Session 8. AWARD OF BID TO DRILL (2) NEW WELLS FOR THE ORO VALLEY WATER UTILITY -- PROJECT NO. W20-2000 9. APPLICATION FOR INCLUSION TO THE WATER UTILITY SERVICE AREA BY HARTWOOD HOMES FOR 4 LOTS LOCATED ON CAMINO DE OESTE 10. APPLICATION FOR INCLUSION TO THE WATER UTILITY SERVICE AREA BY JASON WOLFSWINKEL FOR PROPERTY LOCATED ON THE NORTHWEST SIDE OF TORTOLITA MOUNTAIN DRIVE IN STONE CANYON ESTATES 11. **RESOLUTION NO. (R)00-72 REFERENCING THE AMENDMENTS AND ADDITIONS TO THE BUILDING CODES AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND THE NATIONAL FIRE PROTECTION ASSOCIATION, INC. RESPECTIVELY AND WITH AMENDMENTS APPENDED THERETO, DECLARING THOSE DOCUMENTS, MADE A PART OF "CHAPTER 6, BUILDING, OF THE ORO VALLEY TOWN CODE," TO BE PUBLIC RECORDS TOWN MANAGER'S REPORT ENGINEER'S REPORT FINANCE DIRECTOR'S REPORT COMMUNITY DEVELOPMENT DIRECTOR'S REPORT POLICE CHIEF'S REPORT WATER UTILITY DIRECTOR'S REPORT COUNCIL COMMITTEE REPORTS CALL TO AUDIENCE- According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience" cannot be discussed by the Town Council, as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience'; please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 06/23/00 AMENDED AGENDA POSTED: 06/30/00 4:30 PM 4:45 p.m. Ih ih 07/05/00 Agenda, Council Regular Session 4 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 8:30 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 229-4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JULY 5, 2000 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE EXECUTIVE SESSION AT OR AFTER 6:30 PM 1. Pursuant to A.R.S. 38-431.03 (A)(3) Legal Advice relating to the award of bid for the drilling of two wells for the Oro Valley Water Utility System REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER 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 — According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience" cannot be discussed by the Town Council as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. 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 — May 8, 10, 12, 22, 24, June 12, 2000 B. Finance Report — May 31, 2000 C. Appointment of Jim Hossley as an alternate Town of Oro Valley representative on the Pima County Flood Control District Advisory Committee D. Resolution No. (R)00-67 Approval of crosswalks along Woodburne Avenue at Granville Canyon Way and Wanderlust Road E. OV12-94-31 Cottonwood Properties request release of Lots197- 205 Desert Vista Subdivision from the third party trust agreement and will replace with a letter of credit in the amount of $80,866 07/05/00 Agenda, Council Regular Session 2 F. OV12-00-05 Rancho Vistoso Neighborhood 7 Parcel A, Preliminary Plat (located adjacent to Moore Road, west of Highlands Wash and east of Vistoso Ridge) 2. RESOLUTION NO. (R)00-68 EXECUTING A FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE GREATER TUCSON ECONOMIC COUNCIL EFFECTIVE JULY 1 , 2000 THROUGH JUNE 30, 2001 3. RESOLUTION NO. (R)00-69 EXECUTING A FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU EFFECTIVE JULY 1 , 2000 THROUGH JUNE 30, 2001 4. RESOLUTION NO. (R)00-70 EXECUTING A FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE CHAMBER OF NORTHERN PIMA COUNTY EFFECTIVE JULY 1, 2000 THROUGH JUNE 30, 2001 5. RESOLUTION NO. (R)00-71 DECLARING THE TOWN'S INTENTION TO FINANCE ADDITIONS AND EXTENSIONS TO THE TOWN'S WATER AND FIRE PROTECTION SYSTEMS; DECLARING THE TOWN'S POLICY WITH RESPECT TO FINANCING WATER INFRASTRUCTURE IMPROVEMENTS FOR FUTURE DEVELOPMENT, DIRECTING THE STAFF AND THE TOWN'S BOND COUNSEL TO NEGOTIATE THE FOLLOWING AGREEMENTS: A PURCHASE AGREEMENT FOR THE ADDITIONS AND EXTENSIONS; A TRUST AGREEMENT PERTAINING TO THE EXECUTION AND DELIVERY OF PLEDGED REVENUE OBLIGATIONS; A CONTINUING DISCLOSURE UNDERTAKING; AN OBLIGATION PURCHASE AGREEMENT; AND AN OFFICIAL STATEMENT WITH RESPECT TO THE SALE OF PLEDGED REVENUE OBLIGATIONS TO BE PAID PRIMARILY FROM WATER AND FIRE FLOW DEVELOPMENT IMPACT FEES TO BE RECEIVED BY THE TOWN IN THE FUTURE; AND DECLARING AN EMERGENCY 6. PUBLIC HEARING — ORDINANCE NO. (0)00-21 OV9-99-115 LINDA VISTA/ORACLE ROAD REZONING — REQUEST TO REZONE 14.3 ACRES FROM R1-144 TO C-N (PROPERTY LOCATED ON THE NORTHWEST CORNER OF ORACLE ROAD AND LINDA VISTA BOULEVARD) (CONTINUED FROM JUNE 21 , 2000) 7. PUBLIC HEARING — ORDINANCE NO. (0)00-22 ADOPTING A DEVELOPMENT AGREEMENT FOR THE SHERATON EL CONQUISTADOR RESORT 07/05/00 Agenda, Council Regular Session 3 8. AWARD OF BID TO DRILL (2) NEW WELLS FOR THE ORO VALLEY WATER UTILITY — PROJECT NO. W20-2000 9. APPLICATION FOR INCLUSION TO THE WATER UTILITY SERVICE AREA BY HARTWOOD HOMES FOR 4 LOTS LOCATED ON CAMINO DE OESTE 10. APPLICATION FOR INCLUSION TO THE WATER UTILITY SERVICE AREA BY JASON WOLFSWINKEL FOR PROPERTY LOCATED ON THE NORTHWEST SIDE OF TORTOLITA MOUNTAIN DRIVE IN STONE CANYON ESTATES TOWN MANAGER'S REPORT ENGINEER'S REPORT FINANCE DIRECTOR'S REPORT COMMUNITY DEVELOPMENT DIRECTOR'S REPORT POLICE CHIEF'S REPORT WATER UTILITY DIRECTOR'S REPORT COUNCIL COMMITTEE REPORTS CALL TO AUDIENCE— According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience" cannot be discussed by the Town Council, as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 06/23/00 4:30 PM LH 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 8:30 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 229-4700. 07/05/00 Agenda, Council Regular Session 4 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. MINUTES t. ORO VALLEY TOWN COUNCIL MAY 12, 2000 TOWN HALL "MEETING" AT SUN CITY VISTOSO SOCIAL HALL AUDITORIUM 1495 E. RANCHO VISTOSO BLVD. ORO VALLEY, ARIZONA CALL TO ORDER—3:00 P.M. PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Wayne Bryant, Council Member Fran LaSala, Council Member Paul Parisi, Council Member STAFF PRESENT: Kathryn Cuvelier, Town Clerk Dan Dudley, Town Attorney Bill Jansen, Town Engineer Sue King, Public Information Specialist Bryant Nodine, Planning & Zoning Administrator Shirley Seng, Interim Water Utility Director Danny Sharp, Chief of Police Chuck Sweet, Town Manager Jeff Weir, Economic Development Administrator OPENING REMARKS BY MAYOR AND COUNCIL MEMBERS The Mayor and Town Council welcomed the residents of Sun City to this meeting. STATE LAND PROPERTY NORTH OF ORO VALLEY TOWN LIMITS Town Manager Chuck Sweet explained the background and showed an overhead of the State Land parcel located north of the Oro Valley town limits. He explained that because of the pending incorporation issues, the State Land Office has placed Oro Valley's 1997 request for annexation on hold. No annexation efforts by the Town have been initiated since that time. Steve Jewett, representing Governor Hull's Tucson Office stated that a couple of years ago, Oro Valley approached the Governor's Office requesting annexation of this State Trust Land with the idea of leaving it as open space. Mr. Jewett explained that the State Land Department is in the business of selling land, making a profit that goes back into an educational trust. He stated that leaving state land forever as open space is probably not in the cards. 05/12/00 Minutes, Town Hall Meeting 2 Gordon Taylor, representing the State Land Office walked through the process of annexation from the State Land's perspective and explained what is planned for this state land parcel. He stated that the Selection Board approval is just that, it is an approval to include trust properties in an annexation area. He stated it is not an annexation in and by itself. He stated that in this particular case, the State Land Office felt that the request for annexation by Oro Valley was premature. He pointed out that an application had been received for an Arizona Preserve Initiative from Pima County. He mentioned that Big Wash, which runs parallel to Oracle Road and bisects the property, is under consideration as part of the Arizona Conservation Preserve. He explained that if the Arizona Conservation Preserve is enacted by the voters in November, and if there is congressional change to our enabling act, this will provide authority to set aside properties deemed to be a valuable open space resource. Mr. Taylor explained that on this particular annexation area there is an existing grazing lessee which expires June 2005. At which time, it will be up for renewal for an additional 10 years. He stated that he does not anticipate seeing any changes to this property for the next 5 to 15 years. Mayor Loomis allowed members of the audience to address Mr. Taylor. Bev Schowalter, 4138 E. Wilds Road. Ms. Schowalter stated she is representing 175 members of the cattle line riders of Catalina with 20 to 30% of the members residing in Oro Valley. She expressed opposition to Oro Valley annexing this property stating she would rather see Pima County designate this area as a nature preserve. Hector Conde, 14040 N. Lobelia Way. Mr. Conde referred to letters previously sent to the Governor requesting that this area be designated as open space or as a nature preserve. He submitted additional letters to Mr. Jewett and asked that he follow-up on a request that had been given to the Governor that asked for an accounting of how many letters her office had received addressing this issue. He stated that many of the signatures collected were also from people in Catalina. He explained that they were in favor of preserving the land. Chuck LaForge, 1002 W. Wilkenson Drive. Mr. LaForge stated he is representing horse owners in Oro Valley who are fighting to preserve open space and trails. He referred to 3 trails on the Pima County Trail System and the Oro Valley Trail System that is located in this parcel of land. He stated Oro Valley is not keeping these trails open. He encouraged the Council to keep the land open as a preserve. Edith Sobel, 14108 N. Biltmore. Mrs. Sobel read a letter dated May 3, 2000 addressed to Paul Sobel, from Andy Laurenzi, Regional Manager—Tucson Office of The Nature Conservancy. "After our phone conservation I conferred with Rob Marshall, our Conservation Sciences Program Manager, regarding the East Biological Corridor area. This area is on the boundary between what we have defined as the Sonoran Desert Ecoregion and the Apache Highlands ecoregion. We have completed the planning on the Sonoran Desert ecoregion but not the Apache Highlands ecoregion so we cannot provide you with a definitive assessment of the biological values of this area as identified through our ecoregional planning efforts. We can say however that the Tortolita Mountains and 05/12/00 Minutes. Town Hall Meeting the alluvial fan to the west and southwest of the mountains were identified as a priority site in the Sonoran Desert Ecoregional Plan. These plan results have been presented to the Science Advisory Team of the Pima County Sonoran Desert Conservation Plan. The East Biological Corridor is located between this priority site and the San Pedro River which will undoubtedly be considered a high conservation priority site once the Apache Highlands planning is completed. The East Biological Corridor area will certainly be evaluated as an important wildlife corridor between the Tortolita Mountains and the San Pedro River during the Apache Highlands planning process. Of course, its' utility as a wildlife corridor will only exist if its current status in open space is maintained. Towards that end we would certainly advocate that interested parties work with Pima County to secure designation of the Arizona State Trust lands for conservation use in accord with Pima County's Arizona Preserve Initiative application. Future funding is another area where collaboration among County and local governments will help ensure that once the area is designated for conservation uses that a viable option exists to conserve these lands. Please call me if I can provide any additional information. Sincerely, Andy Laurenzi, Regional Manager— Tucson Office." Paul Sobel, 14108 N. Biltmore. Mr. Sobel read the following statement: "I respectfully request that the Oro Valley Town Council advise the State Land Commissioner that it will no longer make application for annexation of the land known as the Tortolita Mountain Park Addition and the Tortolita East Biological Corridor, and that they further state that they support Pima County's request to use the land as part of the Sonoran Desert Conservation Plan under the Arizona Preserve Initiative. In so doing, it will protect this land in perpetuity." Mayor Loomis clarified that Oro Valley has not started any actions to annex the property. He stated that the Council is behind most of what the residents have said. Keith Pastani, 993 Crown Ridge Road, asked if access to the property was considered when reviewing requests for annexation. Mr. Taylor replied yes. In response to a question by Carol Scotty, 14110 N. Lobelia Way, Mr. Taylor reiterated the four major criteria to set aside the land as open space. Mr. Jewett stated that as much as 5% of state land can be set aside as undevelopable in perpetuity. However, the restrictions for this are pretty intense. Desert land would not qualify. Big Wash has already been identified as being qualified. Katherine Williams, State Land Department. Ms. Williams stated that there are a lot of state trust lands that communities all over the state want to include as open space for their communities, or to help define the edges of their communities. Areas that have steep slopes, mountaintops, unique or sensitive features, archeological resources, and riparian areas have the potential of qualifying for the Arizona Conservation Preserve. She explained that what the State Land Department has been assigned to do by the State 05/12/00 Minutes, Town Hall Meeting 4 Constitution, is generate money from our state land, whether or not we lease it, sell it or extract resources from that land. She stated if the mission changes to a conservation, which is a second mission, then we manage land as open space, conservation value and preserving that land in its completeness without ever developing it. Mr. Jewett stated that the determination on whether or not we can set it aside for conservation purposes, will be contained within the Growing Smarter package in November. It will require a yes vote by the people. The next step will require Congress in Washington to change our enabling act to also allow that. He stated that the citizens need to vote on this because it is a constitutional issue. The legislature cannot amend the state constitution. Mayor Loomis stated if"Growing Smarter" passes then it will be time to get involved with your Congressman to help them support enabling the State to use the land. Mayor Loomis clarified that an annexation does not make the property part of the town "property", the area annexed is not owned by the town, but it is subject to the laws and ordinances of Oro Valley. Ms. Williams clarified that this will be an "either/or" situation. The land will either be a"Conservation Preserve" or an "Arizona Preserve Initiative." He explained the differences between The Conservation Preserve and the Arizona Preserve Initiative and stated that through the Growing Smarter Plus (previously passed by the state legislature), a second vehicle to preserve the land was created. The Arizona Preserve Initiative is also a vehicle to conserve land. He stated that the Conservation Preserve has million of dollars allocated to be used in matching land value, in participation with the state government. The Arizona Preserve Initiative presents an opportunity for a conservation lease as a partnering with the property. Mayor Loomis stated there are 3 opportunities for this property: 1. County has included that property as part of the Sonoran Desert Conservation Plan. 2. Countywide plan to support the Endangered Species Act. 3. Growing Smarter Plus. Mayor Loomis asked Mr. Taylor what Oro Valley could do to help State Land identify the value of this property to our community and support the effort to try and preserve the property as an open space conservation area. Mr. Taylor stated under the ABI process additional information will be required from the host jurisdiction and communities that will be impacted by the Preserve Initiative. He stated they will he soliciting comments from the community with respect to the Application and in addition, 2 public hearings will be held to collect additional oral and written testimony. 05/12/00 Minutes, Town Hall Meeting 5 Mayor Loomis called a recess at 3:55 p.m. Meeting resumed at 4:00 p.m. ALTERNATIVE WATER RESOURCES Town Manager Chuck Sweet explained the current status of alternative water resources, effluent and CAP water. He stated that as part of the Pima County Sanitary District, Oro Valley does not operate the system. He stated that the effluent in the area is owned 10% by Pima County and 90% by City of Tucson. He explained that the Town is negotiating with the City of Tucson to obtain 4,000 acre feet for effluent for the golf courses in Oro Valley. He explained that there are six and one-half golf courses in Oro Valley currently on groundwater. He stated that the Oro Valley Country Club has a Type II Groundwater Right. He explained the importance of converting the golf courses under Oro Valley control from groundwater to an alternative source. He stated there are other water alternatives, however the one of choice is effluent. Mr. Sweet also explained that based on Oro Valley's population, the town qualifies to receive 2,200 acre feet of effluent a year. He explained that a Conservation Effluent Pool has been established to provide water for the Sonoran Desert Conservation Plan. Mr. Sweet explained that the Water Utility Commission is recommending that the Town Council make a proposal to the Bureau of Reclamation for 2,250 acre feet of effluent. He pointed out that before Oro Valley can build any infrastructure to get the effluent here, the Town must receive the right to take it from the Ina Road Treatment Plant or some kind of in-stream recharge of effluent in the Santa Cruz River area. Mr. Sweet explained the status of CAP. Currently, Oro Valley has 2,300 acre feet of CAP Rights which are being recharged in another area of the region, not located in Oro Valley. He explained that this solution is okay for the short term. However, on a long term basis we will need wet water recharged into our aquifer. He stated that the Bureau of Reclamation, Oro Valley, Metro Domestic Water District, and Marana are studying the feasibility of bringing CAP from the canal at Tangerine Road and Interstate 10, up along the Moore Road alignment to Oro Valley. Possibly recharging would occur in the basins in the Big Wash area and delivering to the golf courses from that location or possibly some type of treatment plant with direct delivery of CAP. He explained that a sub- committee of the Water Utility Commission has been working on Alternative Water Options and have come up with 9 different alternatives on how to use effluent and CAP water. He stated as a requirement of Arizona State Law the Town must be in "safe-yield" by the year 2025. Costs for effluent infrastructure range from $6 to $12 million. He stated that CAP costs to build a treatment plant could be as high as $80 million. ROAD MAINTENANCE/ROAD PROJECTS Town Engineer Bill Jansen reviewed on-going maintenance projects, and plans for future traffic signals and improvements to roads in Oro Valley. He reviewed projects affecting the Sun City neighborhoods: • Resurfacing of Rancho Vistoso Blvd. from Oracle Road to Big Wash. • Reconstruction of Tangerine Road from First Avenue to La Canada Drive. 05/12/00 Minutes, Town Hall Meeting 6 • Lambert Lane multi-use path to connect La Canada to First Avenue, including access to the CDO Riverfront Park. • Left turn lane at Calle Concordia and La Canada Drive. • Extension of Pusch View Lane from Oracle Road to Lambert Lane and construct bridge over wash. This will help to reduce the traffic at First Avenue and Oracle Road. • Townwide Drainage Study and development of Drainage Manual and Ordinances specific to the needs of Oro Valley. • Formation of Oracle Road Improvement District. RESIDENTIAL/COMMERCIAL DEVELOPMENT Planning and Zoning Director Bryant Nodine showed areas of residential development and Jeff Weir, Economic Development Administrator reviewed commercial development planned for the Town. QUESTIONS & ANSWERS A general question and answer period followed relating to water, future restaurants, and transportation. ADJOURNMENT A MOTION was made by Council Member Bryant to adjourn the meeting at 5:05 p.m. MOTION SECONDED by Council Member Parisi. MOTION carried 4—0. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL SPECIAL/STUDY SESSION MAY 22, 2000 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION CALL TO ORDER—6:42 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member ABSENT: Paul Parisi, Council Member Wayne Bryant, Council Member 1. RESOLUTION NO. (R) 00-48 CANVASS OF THE VOTE - MAY 16, 2000 GENERAL ELECTION Deputy Town Clerk Roxana Garrity reviewed the results of the May 16, 2000 General Election. She reported that the official canvass of votes as prepared by Pima County Elections showed the following results: Richard Johnson 3139 (57.60%) Werner Wolff 3083 (56.57%) Bart Rochman 2396 (43.96%) Wayne Bryant 2368 (43.45%) Hector Conde 2331 (42.77%) Paul Parisi 1725 (31.65%) She stated that the candidates receiving the highest votes were Richard Johnson, Werner Wolff, and Bart Rochman and are therefore, elected to the Office of Council Member effective June 7, 2000— May 2004. MOTION: Council Member LaSala MOVED to APPROVE Resolution No. (R)00-48. Mayor Loomis SECONDED the motion. Motion carried, 3 —0. 2. PUBLIC HEARING - INCREASING TOWN WIDE ROADWAY IMPACT FEE Town Engineer Bill Jansen reported that the Public Hearing provides the Town's intention to increase the Town Wide Roadway Impact Fee from $1494 to $2008. Mr. Jansen then introduced Curt Lueck, Curtis Lueck and Associates. Mr. Curt Lueck presented a brief overview of the history of the Roadway Impact Fee and an update of the ordinance process. He explained that the current development fee has two key components: the amount of travel on the Town's major roadways by typical residential households and the cost to provide that roadway capacity. He explained that 5/22/00 Minutes, Special and Study Session 2 there has been very little change in the Town's street system organization, so the update would relate to only the cost component. Mr. Lueck explained that the technical analysis for the update included a review of travel patterns, the increased costs of providing roadway capacity, and the evaluation of similar Pima County projects. Mr. Lueck reported that the average cost of a 4-lane widening project is now approximately $6.3 million verses $4.7 million when the current ordinance was analyzed. The recommended amount of$2008 represents approximately a 34% increase over the current $1494. In response to a question from Mayor Loomis, Mr. Lueck explained that the EDU (Equivalent Demand Unit) represented a detached single family household and that apartment buildings would be approximately 70% of that fee (the recommended $2008.) He further explained that commercial development has no roadway development impact fees associated with it. Mr. Jansen explained that the commercial developers are required to pay for any increases in the road system, stop lights, intersection improvements, etc. that are made necessary by their specific projects. Mayor Loomis opened the public hearing. Bill Adler, 10720 N. Eagle Eye Place, stated that he was a member of the original steering committee that helped create the original ordinance. He stated that he felt that that the committee should have been reconvened and asked for their input on the updated ordinance recommendations. He stated that he felt the update is underestimating what the traffic impact will truly be with all the new developments being planned in the Town. Mayor Loomis closed the public hearing. Vice Mayor Johnson asked that citizen input be considered for the next revision. In response to a question from Vice Mayor Johnson, Mr. Jansen explained that depending on the provision of services and economics, he expects a two to three year cycle for revisiting the Roadway Impact Fee Ordinance. Mayor Loomis agreed that there were additional impacts to the roadway impact fees that may come about from future commercial developments. He stated that the Town needs to look at the overall trade-off of commercial and other development verses residential. MOTION: Council Member LaSala MOVED to place the Town-wide Roadway Development Impact Fee on the June 7, 2000 Council agenda for consideration and possible action. Vice Mayor Johnson SECONDED the motion. Motion carried, 3 —0. ADJOURN SPECIAL SESSION MOTION: Council Member LaSala MOVED to adjourn the Special Session at 7:05 p.m. Vice Mayor Johnson SECONDED the motion. Motion carried, 3 —0. 5/22/00 Minutes, Special and Study Session 3 STUDY SESSION CALL TO ORDER— 7:12 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member ABSENT: Paul Parisi, Council Member Wayne Bryant, Council Member 1. BUDGET REVIEW: A. REVIEW OF FOLLOW-UP ISSUES FROM 5/10/00 BUDGET REVIEW SESSION Finance Director David Andrews reviewed a follow-up memorandum addressing the issues raised during the May 10th Budget Review Session. Town Manager Chuck Sweet reviewed a follow-up memorandum addressing Geographic Information System (GIS) issues that were raised during the May 10th Budget Review Session. B. REVIEW AND DISCUSSION REGARDING REVISED GENERAL FUND REVENUE BUDGET ESTIMATES FOR FY 2000/01 In response to issues raised at the May 10th Budget Review Session, Finance Director David Andrews reviewed a follow-up memorandum regarding estimated construction start dates for the 4-Star and 5-Star resort hotels with regard to their budgetary impact to the Town's Building Safety Division. Mayor Loomis moved Study Session Item 2 forward on the agenda. 2. REVIEW AND RECOMMENDATIONS CONCERNING THE ESTABLISHMENT OF A STORMWATER MANAGEMENT UTILITY Town Engineer Bill Jansen reviewed the Council Communication and explained that the Town currently has no specific program to deal with the many issues associated with stormwater and associated flooding. He explained that the Town also must comply with the Phase II requirements of the Federal Clean Water Act through the EPA managed National Pollution Discharge Elimination System (NPDES.) The NPDES program requires that the Town establish a stormwater/pollution management and reduction program by the year 2003. Mr. Jansen explained that the cost to set up the program to comply with the Federal mandate is approximately $200, 000 with an annual operating cost of approximately $150,000. John Wallace, J E Fuller and Associates, presented an overview of the concept of the Stormwater Utility and issues regarding the management, quality, regulations, benefits, costs and funding options for stormwater compliance. He explained that NPDES Phase II regulations will require that the Town develop a stormwater management program to 5/22/00 Minutes, Special and Study Session 4 reduce pollutants entering washes and streams and that the Town must submit its stormwater management plan by the year 2003. He reported that the EPA estimates a total annual per household cost of$9.16 to meet NPDES Phase II requirements. Mr. Wallace explained that a Stormwater Utility would provide: • User fees that are equitable since all property contributes to stormwater runoff • Reliable utility fees as a dedicated funding source • A defensible rate structure • The legal basis evaluated and established by statute Discussion followed regarding addressing representatives in Congress regarding funding, the Clean Water Act, and keeping the Townwide Drainage Study and the NPDES Requirements as separate tasks and issues. Mayor Loomis recessed the meeting at 8:17 p.m. The meeting resumed at 8:25 p.m. BUDGET REVIEW SESSION (Continued) The following departments reviewed their budgets with the Mayor and Council: Highway Fund—Public Works Pages 351-365 Townwide Roadway Development Impact Fees Pages 407-416 Oracle Road Improvement District Construction Fund Pages 417-419 Public Transportation Pages 366-381 Facilities Maintenance Pages 162-169 ADJOURNMENT MOTION: Council Member LaSala MOVED to ADJOURN the meeting at 9:15 p.m. Vice Mayor Johnson SECONDED the motion. Motion carried, 3 —0. Respectfully submitted, Roxana Garrity, Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special/Study Sessions of the Town of Oro Valley Council of Oro Valley, Arizona held on the 22nd day of May, 2000. I further certify that the meeting was duly called and held and that a quorum was present. Dated this —7 day of ,2000. iatrpi (eethats(A).42; Kathryn E. Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL BUDGET STUDY SESSION MAYFAN 24, 2000 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION CALL TO ORDER—6:38 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paul Parisi, Council Member Fran LaSala, Council Member ABSENT: Wayne Bryant, Council Member Jim Bloomfield, President of the Oro Valley Fraternal Order of Police, presented a Certification of Appreciation to Council Member Paul Parisi for his support to the FOP. 1. BUDGET REVIEW: A. REVIEW OF FOLLOW-UP ISSUES FROM 5/22/00 BUDGET REVIEW SESSION Town Manager Chuck Sweet reviewed a follow-up memorandum addressing issues raised during the 5/24/00 budget study session. The following departments reviewed their budgets with the Mayor and Council. Police Department - General Fund Pages 249-326 Police Department - Seizure Funds Pages 327-340 Fraternal Order of Police #53 Wage and Benefit Negotiations Proposal Officers Jim Bloomfield and Chuck Trujillo, representing the Fraternal Order of Police, referred to their original Benefit Negotiations Proposal dated March 15, 2000 and presented the Council with their counterproposal dated May 22, 2000. Mayor Loomis recessed the meeting at 7:35 p.m. The meeting resumed at 7:45 p.m. (Council Member Parisi left the meeting during the recess.) 5/24/00 Minutes, Budget Study Session 2 BUDGET REVIEW CONTINUED: Legal Department—General & Seizure Funds Pages 124-145 Magistrate Court Pages 341-350 ADJOURNMENT MOTION: Council Member LaSala MOVED to adjourn at 8:35 p.m. Vice Mayor Johnson SECONDED the motion. Motion carried, 3 —0. Respectfully submitted, Roxana Garrity, Deputy Town Cle k MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION MAY 8, 2000 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 5:40 P.M. PRESENT: Paul Loomis, Mayor IV! FTDick Johnson, Vice Mayor Wayne Bryant, Council Member Fran LaSala, Council Member EXCUSED: Paul Parisi, Council Member 2000-2001 TENTATIVE BUDGET OVERVIEW: Mayor Loomis noted that Lou Dudas, member of the Budget and Bond Committee was also present. Town Manager Chuck Sweet reviewed his memorandum dated May 3, 2000 outlining the Town Manager's recommended budget for FY 2000/2001. David Andrews, Finance Director reviewed projected general fund revenues outlined on pages 1 —24, representing a 14.8% revenue increase over last year. It was pointed out that the Town is still receiving state shared revenues based on the 1995 census population of 19,657 and that when the 2000 census is completed, the town will receive state shared revenues based on an estimated population of 30,000. However, this additional revenue will not be received until next year. Mayor Loomis asked departments to considered if there are any requests or projects that could be deferred until next year, after the increased revenue sharing is received, in particular, personnel requests. The following departments reviewed their budgets with the Mayor and Council: • Town Clerk (Pages 34 - 41). • Finance (Pages 72 - 88). • Economic Development (Pages 64 - 71). John Bowers, Director for Chamber reviewed what the Chamber has done. Discussion followed regarding Council Member LaSala's comments regarding making sure the partnership between the Town and the Chamber is real and tangible. • Town Manager (Pages 42 — 53). • Human Resources (Pages 54 — 63). • Town Council (Pages 25 — 32). 05/08/00 Minutes, Council Study Session 2 ADJOURNMENT Council Member Johnson MOVED to adjourn the meeting at 6:50 p.m. MOTION SECONDED by Council Member Bryant . MOTION carried 4 — 0. Respectfully submitted, 6,L4/ - -vv • Kathy n E. Cuvelier, CMC Town Clerk MINUTES 01) ORO VALLEY TOWN COUNCIL STUDY SESSION 4‘11 MAY 10, 2000 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 6:40 P.M. PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor (arrived 6:46 p.m.) Fran LaSala, Council Member Paul Parisi, Vice Mayor (arrived 6:45 p.m.) EXCUSED: Wayne Bryant, Council Member FOLLOW-UP ISSUES FROM MAY 8 BUDGET REVIEW SESSION: Finance Director David Andrews reviewed his memorandum addressing issues raised during the May 8t" Budget Review Session. The following departments reviewed their budgets with the Mayor and Council: • Community Development Administration (Pages 170 — 185) Carmen Feriend, GOVAC distributed documentation supporting a request to hire a full- time staff member to perform tasks that have previously been performed by volunteers. Mayor Loomis asked that the additional funds be allocated to support this request. • Planning & Zoning (Pages 185.1 —202.7) Planning & Zoning Administrator Bryant Nodine submitted a GIS Needs Assessment Executive Summary. Discussion followed regarding the importance of maintaining the GIS Program and the funding necessary to maintain the program. • Building Safety (Pages 203 — 227) • Parks & Recreation (Pages 235 —248) • Library (Pages 228 — 234) ADJOURNMENT Council Member Parisi MOVED to adjourn the meeting at 8:40 p.m. MOTION SECONDED by Vice Mayor Johnson . MOTION carried 4 — 0. Respectfully submitted, -6-( €4.L4r`: Kathin E. Cuvelier, CMC Town Clerk A. MINUTES ,ef4a. ORO VALLEY TOWN COUNCIL STUDY SESSION JUNE 12, 2000 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 6:32 P.M. PRESENT: Paul Loomis, Mayor Fran LaSala, Vice Mayor Bart Rochman, Council Member Werner Wolff, Council Member EXCUSED: Dick Johnson, Council Member 2000-2001 TENTATIVE BUDGET OVERVIEW: David Andrews, Finance Director and Chuck Sweet. Town Manager reviewed the following items with the Mayor and Council: • Municipal Debt Service (Pages 424-435). • Oracle Road Improvement District Debt Service Fund (Pages 436-440). • Information Systems (Pages 89-123). Mayor Loomis asked that personnel costs for the administration of the Improvement District be paid for by the District. B. FOLLOW-UP ISSUES FROM MAY 31, 2000 BUDGET REVIEW SESSION Mr. Andrews reviewed a follow-up memorandum addressing the issues raised during the 5/31/00 budget session. C. FINANCIAL STATUS OF 2000-2001 TENTATIVE BUDGET Mr. Andrews explained the status of the budget as of 6-12-00 and summarized expenses and revenues that have come to light during the budget review sessions. Mayor Loomis recessed the meeting at 7:20 p.m. Meeting resumed at 7:30 p.m. D. SALES TAX ESTIMATES FOR FY 2001/02 Economic Development Director Jeff Weir reviewed local sales and franchise taxes for general fund cash collections by fiscal year 2001/02 projections. Mayor Loomis mentioned that the Income Tax Initiative that may go on the ballot in November could have an affect on our town's revenues in the future. 06/12/00 Minutes,Council Study Session 2 E. GENERAL FUND LOAN TO WATER CONNECTION FEES FUND Mr. Andrews explained that the general fund loan would makeup the difference between the average cost associated with the first phase and the overall average cost of$1,774. The loan would be repaid to the General Fund with interest after the bondholders are paid. F. LIBRARY CONSTRUCTION FUND Mr. Andrews reviewed the Library Construction Budget analysis based on the following descriptions: Phase 1 @ 15,000 sq. ft. only (March 2"d site analysis) Phase II @ 15,000sq. ft. with 10,000 sq. ft. shell (March 2"d site analysis) Phase 1 @ 15,000 sq. ft. only (May 16 schematic design) Phase II @ 15,000 sq. ft. with 10,000 sq. ft. shell (May 16 schematic design) Discussion followed regarding the projected expenses for this project and how much of it will be spent in 2000/01 and how much in 2001/02. It was pointed out that the affect on the budget is what the annual debt payment is for that fiscal year for the term of the debt. Mr. Suozzi reviewed the history of the Library Committee and how they came to their recommendation to build a 15,000 sq. ft. library with a 10,000 sq. ft. shell. He submitted a hand-out showing his cost estimates for the library based on numbers received by the architect. Discussion followed regarding when the $2 million bond money designated for the library will be received from Pima County and the feasibility of having a 25,000 sq. ft. library vs. a 15,000 sq. ft. library. Follow-up item: Timing of the county bond issue in conjunction with our construction schedule for the library Mayor Loomis recessed the meeting at 8:30 p.m. Meeting resumed at 8:40 p.m. G. REVIEW OF FY 2000/01 FUNDED & UNFUNDED CIP ITEMS INCLUDING LEGAL/COURT AND ADMINISTRATION BUILDING EXPANSIONS Mr. Andrews reviewed a listing of the funded and unfunded CIP items and the request for expanding the Legal/Court and Administration Building. 06/12/00 Minutes,Council Study Session H. CONSIDERATIONS TO BALANCE 2000/01 TENTATIVE BUDGET Vice Mayor LaSala asked that money be allocated for the GIS request because of the pressure placed on GIS to provide information. Mayor Loomis asked that all departments look to see if any projects can be delayed for 6 months and what those overhead costs would change to. He expressed concern with pay parity and cost of living for all departments. He stated the cost of living should be straight across for all departments. Vice Mayor LaSala stated if the $15,000 for chairs for the Council Chambers could help fund the GIS request, he would like to see the money moved to GIS. However, he suggested giving $10,000 to GIS, retaining $5,000 for new chairs for staff attending meetings in the Chambers. Council Member Wolff asked that the pay parity for the Police Department be included so that salaries are not too far behind larger agencies and we take the risk of losing officers to larger agencies. Council Member Rochman expressed the importance of keeping salary levels at a level to retain employees. He pointed out the expenses involved when good employees are lost. He stated we need to look at large dollar amounts to defer to balance the budget instead of small items. Vice Mayor LaSala stated he too is in favor of the pay parity. He stated if there is a way we can provide every employee with a 5% COLA he would like to do so. He pointed out that Oro Valley will never be able to pay what Tucson pays, but we offer things that Tucson can't. Town Manager Chuck Sweet stated that one of the Town's health providers rates could increase by 9% or more. He stated they will confirm that number as soon as possible. Mayor Loomis asked for the following items for the June 14th study session: • Summary similar to General Fund Balance Budget, including health benefits. • Identify 5% COLA. • Single semi-annual payment on the Naranja State Land site. • Reduce General Plan & loan. • Brief summary of income tax initiative. (What it is, what it will do and (Y0 of budget provided to Oro Valley by the state income tax). ADJOURNMENT Vice Mayor LaSala MOVED to adjourn the meeting at 9:05 p.m. MOTION SECONDED by Council Member Rochman . MOTION carried 4— 0. 06/12/00 Minutes, Council Study Session 4 Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 5, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Finance Report For Month Ended May 31, 2000 SUMMARY: Attached to this communication is the Finance Report for the Month Ended May 31, 2000. GENERAL FUND: Select points are as follows: q> Sales tax from construction(through April) is up 27% compared to the same time last year and may exceed budget by as much as $700,000 (currently estimated to exceed budget by $500,000). Residential building permit fees are projected to exceed budget by approximately $283,000. q;). Hotel/motel sales tax collections (through April) are up about 11% compared to the same time last year. q;). State/county shared revenues are tracking to budget. q> Federal and state grant revenues may meet budget. t:b. Departmental expenditures are under budget. Other Funds q;). State shared fuels taxes are tracking to budget. t'k> Townwide roadway development impact fees are estimated to exceed budget by $373K. Water connection fees revenues will be about 10% ($78K)below budget. The fees were anticipated to be increased in mid fiscal year but will not be increased until July 5, 2000. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 Oro Valley Water Utility Current retained earnings is $1,834,230. q> Revenues from water sales may exceed budget by $676,000 based on current collections. q;> Capital expenses are below budget. q;> Cash from operations is exceeding budget by $3,865K. 0,4411a ,v''R• David L. Andrews Finance Director 244414tle Chuck Sweet Town Manager CC: Chuck Sweet, Town Manager All Department Heads Town olOro Valley GENERAL FUND Budget Compared to Actuals Report Through May 31, 2000 Percentage of Year Completed 11/12=5175 1999/2000 Percentage May Y-T-P Total olBudget Actuals Actuals Budget Completed REVENUES: Local Taxes $ 6 53,603 $ 4,956,944 $ 4,962,000 99.9% State/County shared 399,602 4,083,022 4,503,000 90.7% Fines 19,790 182,771 4 201,000 90.9% Licenses & Permits 125,740 1,410,564 1,105,000 127.7% Charges for Services 28,607 239,574 220,600 108.6% Federal Grants 10,487 466,705 647,323 72.1% State Grants 8,440 177,905 281,993 63.1% Interest Earnings 35,357 419,650 4 318,600 131.7% Miscellaneous 3,402 57,976 15,500 ' 374.0% Bond Proceeds - - 2,700,000 0.0% Carryforward 7,531,724 TOTAL REVENUES 1,285,028 11 995111 22,486,740 'IC:777; EXPENDITURES: Town Council 4,781 78,444 81,983 95.7% Town Clerk 17,055 203,253 275,132 73.9% igistrate Court 22,804 299,931 347,338 86.4% own Manager 20,275 194,458 243,401 79.9% Human Resources 1 0,090 145,070 180,327 80.4% Economic Development 34,177 215,404 313,249 68.8% Finance 25,729 276,094 334,793 82.5% Legal 52,647 349,346 459,809 76.0% Community Development Administration 14,320 212,721 298,440 71.3% Planning & Zoning 69,519 730,571 971,541 75.2% Parks & Recreation 47,092 488,089 849,292 57.5% Police 382,009 4,718,612 5,450,974 86.6% Police- Capital Contingency - - 132,493 0.0% Building Safety 57,438 666,731 934,772 _ 71.3% Custodial & Facility Maintenance 15,218 105,549 146,752 71.9% General Administration: Personnel, Operations & Maintenance 62,384 359,892 4 381,674 94.3% improvements - 8,468 115,489 7.3% Vehicles & Equipment 2,723 37,482 274,500 _ 13.7% Land 1,846 9,155 3,243,500 0.3% Transrers to Other Funds - 1,616,810 1,901,810 85.0% Contingency/Reserve 5,549,471 TOTAL EXPENDITURES $ 840,107 $ 10,716,080 $ 22,486,740 63.3% AVENUES LESS EXPENDITURES $ 444,921 $ 1,279,031 , FUND BALANCE A TJUL Y 1, 1999 $ 8,176,367 CURRENT FUND BALANCE $ 9,455,398 Town ofOro Valley HIGHWAY FUND Budget Compared to Actuals Report Through May 31, 2000 Percentage of Year Completed 11/12 =91.75 1999/2000 Percentage May Y-T-D Total olBudget Actuals Actuals Budget Completed REVENUES: State Shared Fuels Tax $ 147,509 $ 1,411,336 $ 1,629,000 86.6% Other Revenues 11,567 140,293 70,800 198.2% Transfer From Debt Service Fund - 71,544 73,860 96.9% Carryforward of Fund Balance 1,832,378 TOTAL REVENUES 159,076 1,623,173 3,606,038 91.5% EXPENDI T(JRES: Personnel 53,978 545,930 634,725 86.0% Operations & Maintenance 15,235 407,281 551,134 73.9% Capital Improvements 9,531 155,693 1,030,000 _ 15.1% Equipment& Vehicles - 295,412 366,071 80.7% Lease Purchase Payments 16,518 39,251 55,982 70.1% Contingency 968,126 TOTAL EXPEND/TURES $ 95,262 $ 1,443,567 $ 3,606,038 54.7% REVENUES LESS EXPENDITURES $ 63,814 $ 179,606 FUND BA LA NCEA TJUL Y 1, 1999 $ 1,960,836 CURRENT FUND BALANCE $ 2,140,442 Town of Oro Valley PUBLIC TRA NSPOR TA TION FUND Budget Compared to Actuals Report Through May 31, 2000 Percentage of Year Completed _ 11/12 =91.75 1999/2000 Percentage May Y-T-P Total of-Budget Actuals Actuals Budget Completed REVENUES.• H B 2565 State Grant $ 24,044 $ 72,133 $ 11,000 655.8% Local Transportation Assistance Funds - 156,468 156,000 100.3% Other 2,377 25,102 18,500 135.7% Carry(orwardofFund Balance 74,153 TOTAL REVENUES 26,421 253,703 259,653 136.8% EXPENDITURES: Personnel 10,979 124,228 153,034 81.2% Operations & N1a i ntena nce 3,858 42,214 59,923 70.4% Capital Outlay - 8,970 24,980 35.9% Contingency 21,716 TOTAL EXPENDITURES $ 14,837 $ 175,412 $ 259,653 73.7% REVENUES LESS EXPENDITURES $ 11,584 $ 78,291 FUND BA LA NCEA TJUL Y 1, 1999 $ 104,249 CURRENT FUND BALANCE $ 182,540 Town olOro Valley TOWNWIDE ROADWAY DEVELOPMENT IMPACT-FEES FUND Budget Campared to Actuals Report Through May 31, 2000 Percentage of-Yea/- Completed fYearCompleted 11/12 =9172 1999/2000 Percentage May Y T-D Total olBudget Actuals Actuals Budget Completed REVENUES: PAG Reimbursement $ - $ 70,000 $ - 100.0% Interest-Investments 25,472 309,703 270,000 114.7% Development Impact Fees 147,906 1,539,547 1,307,000 117.8% Carry forward of Fund Balance - - 5,428,238 TOTAL REVENUES 173,378 1,919,250 7,005,238 121.7% EXPENDITURES Personnel 5,025 40,333 62,812 64.2% Outside Professional Services - 32,051 80,000 40.1% provements 75,434 1,023,605 2,323,000 44.1% Lontingency - - 4,539,426 TOTAL EXPENDITURES $ 80,459 1,095,989 $ 7,005,238 44.4% REVENUES LESS EXPENDITURES $ 92,919 $ 823,261 FUND BALANCE ATJULY1, 1999 $ 6,133,360 CURRENT-FUND BALANCE $ 6,956,621 Town ofOro Valley CPO RI VERFRONT PARK FUND Budget Campred to Actuals Report Through May 31, 2000 Percentage of-Year Completed 11/12 =91.75 1999/2000 Percentage May Y-T-P Total of Budget Actuals Actuals Budget _ Completed REVENUES: Pima County Bond Proceeds i $ - $ 1,223,486 $ 1,250,000 97.9% Tra ns(er From General Fund - 773,256 773,256 100.0% l nterest-1 nvestments 2,934 20,058 - 100.0% Ca rry1orwa rd of Fu nd Balance - - 388,876 TOTAL REVENUES 2,934 2,016,800 2,412,132 99.770 EXPENDITURES: Outside Professional Services - 25,236 83,000 30.4% Improvements 290,759 1,811,744 2,329,132 77.8% )TAL EXPENDITURES $ 290,759 $ 1,836,980 $ 2,412,132 76.2% REVENUES LESS EXPENDITURES $ (287,825) $ 179,820 FUND BA LA NCEA TJUL Y 1, 1999 $ 374,253 CURRENT FUND BALANCE $ 554,073 Town olOro Valley MUNICIPAL FACILITIES CONSTRUCTION FUND Budget Campr-ed to Actuals Report Through May 31, 2000 Percentage ofYeaf- Completed 11/12 =91.75 1999/2000 Percentage May Y-T-P Total of-Bac/get Actuals Actuals Budget Completed REVENUES: Interest-Investments $ 1,453 $ 40,660 - 100.0% Carry/or-ward of Fu nd Balance - - '1,435,944 TOTAL REVENUES 1,453 40,660 1,435,944 2.8% EXPENDI TUR ES: Improvements 22,692 1,029,195 1,435,944 71.7% TOTAL EXPENDITURES $ 22,692 $ 1,029,195 $ 1,435,944 71.7% REVENUES LESS EXPENDITURES $ (21,239) $ (988,535) UND BA LA NCEA TJUL Y 1, 1999 $ 1,353,400 CURRENT FUND BALANCE $ 364,865 Town of Oro Valley ORO VALLEY WATER CONNECTION FEES FUND Budget Compared to Actuals Report Through May 31, 2000 Percentage of Year Completed 11/12-91.75 1999/2000 Percentage May Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Connection Fees $ 33,236 $ 638,969 $ 775,000 82.4% Interest-Investments 5,318 53,905 - 100.0% Carryforward of Fund Balance 743,303 TOTAL REVENUES 38,554 692,874 1,518,303 89.4% EXPENDITURES: Improvements - 52,370 1,324,000 4.0% Debt Service Payments - 14,157 73,289 19.3% Contingency 121,014 TOTAL EXPENDITURES $ - $ 66,527 $ 1,518,303 4.8% REVENUES LESS EXPENDITURES $ 38,554 $ 626,347 r IJND BALANCE A TJUL Y 1, 1999 $ 429,433 CURRENT FUND BALANCE $ 1,055,780 Town ofOro Valley ORO VALLEY WATER UTILITY Budgeted Income Sta temen t Through May 31, 2000 Percentage of Year Completed 11/12=9175 1999/2000 Percentage May Y-T-P Total of Budget Actuals Actuals Budget Completed OPERATING REVENUES: Water Revenues $ 592,346 $ 5,314,358 $ 5,228,000 101.7% Service Charges& Meter Income 51,257 319,153 209,000 152.7% TOTAL REVENUES 643,603 5,633,511 5,437,000 103.6% OPERA TING EXPENSES: Personnel 73,755 800,321 952,339 84.0% Operations & Maintenance 137,522 1,682,750 1,802,691 93.3% Depreciation &Amortization 106,344 1,169,786 1,351,000 86.6% TOTAL OPERATING EXPENSES 317,621 3,652,857 4,106,030 89.0% OPERATING INCOME 325,982 1,980,654 1,330,970 148.8% 1 DNOPERATING REVENUES (EXPENSES) Interest Income 32,832 342,583 190,000 180.3% , Interest Expense 134,447 1,492,721 1,616,833 92.3% TOTAL NONOPERA TING REVENUES (EXPENSES) (101,615) (1,150,138) (1,426,833) NET INCOME $ 224,367 $ 830,516 $ (95,863) RETAINED EARNINGS AT)uly 1, 1999 $ 1,003,714 $ 400,333 CURRENT RETAINED EARNINGS $ 1,834,230 $ 304,470 Town olOro !/alley ORO VALLEY WATER UTI L I TY Cash &Capital Budgets Through May 31, 2000 Budget Current at Over/ Category Balance 6/30/2000 (Under) Cash from Operations 1 $ 5,327,694 $ 1,463,074 $ 3,864,620 1996 MPC Bond Proceeds _ - - 1999 MPC Bond Proceeds 799,244 966,610 067,366) Debt Service Reserves 2,287,940 4 2,287,940 - Totals 8,414,878 4,717,624 3,697,254 May Y-T-D 1999/2000 5 Budget CAPITAL BUDGET Actuals Actuals Total Budget Completed Machinery & Equipment $ 15,366 $ 55,138 $ 182,500 30.2% Vehicles 313 153,306 184,000 83.3% Meters 13,407 142,763 66,500 214.7% Wells 21,129 110,165 530,000 20.8% Booster Stations - 92,779 212,500 43.7% Transmission/Distribution Main 1,500 69,743 490,800 14.2% Reservoirs 68,631 88,788 1 1,096,000 8.1% Hydrants - 3,500 7,500 46.7% Telemetry 690 28,641 130,250 22.0% Structures - 31,231 100,600 31.0% TOTAL CAPITAL BUDGET $ 121,036 $ 776,054 $ 3,000,650 25.9% C TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 5, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: William A.Jansen, P.E. Town Engineer SUBJECT: Consideration and Possible Approval of Appointment of an Alternate Oro Valley Representative to the Pima County Flood Control Advisory Committee SUMMARY: On January 5, 2000, Mayor and Council appointed Mr. Nick Bokaie, P.E. as the Oro Valley representative to the Pima County Flood Control Advisory Committee. In the event that Mr. Bokaie is unavailable to attend a meeting of the Pima County Flood Control Advisory Committee, an alternate representative could attend representing the interests of Oro Valley. This committee is comprised of representatives of the respective jurisdictions in Pima County and advise and make recommendations to the Pima County Flood Control Board of Directors (Board of Supervisors). Committee members and their alternates representing incorporated jurisdictions have no set term but are subject to appropriate Town Council action. The Department of Public Works is recommending Jim Hossley, Manager of the Department of Public Works Storm Water Division, for consideration by Mayor and Council to fill the alternate representative position. Jim Hossley is an employee of the Town and a resident of Oro Valley. He has expressed a willingness to serve as the Town's alternate representative. ATTACHMENTS: None SUGGESTED MOTION: I move to approve the appointment of Mr.Jim Hossley as an alternate Town of Oro Valley representative on the Pima County Flood Control District Advisory Committee. Or I move to... Town Engineer A/". Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 5, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Civil Engineering Technician RESOLUTION NO. (R)00-67 SUBJECT: Crosswalks along Woodburne Avenue at Granville Canyon Way and Wanderlust Road SUMMARY: The Department of Public Works has reviewed the area surrounding the new elementary school on Woodburn Avenue to provide safe passage to and from school. Students living more than 1/2 mile from the school will be bussed. Those in the immediate area, however, will be walking to and from school. The school route will have all students living west of Woodburn Avenue crossing Woodburne Avenue at Granville Canyon Way. The Town would provide a crosswalk across Woodburne on the south side of the intersection, along with a crosswalk across Granville Canyon Way on the west side of Woodburne. These crosswalks would be designated school crosswalks and would be provided with the appropriate school crosswalk signage. The school will provide a crossing guard before and after school during the months that school is in session. Additionally, crosswalks will be placed on both sides of Woodburne Avenue at Wanderlust Road. These would not be designated school crosswalks and will not be manned with a crossing guard. They would encourage students to remain on their side of Woodburne Avenue until they reach the crosswalk at Granville Canyon Way. The Town Code (Article 11-3-8 Authority to Designate Crosswalks, Establish Safety Zones and Mark Lanes) states that "Theolice chief f is hereby authorized, on approval of the Council: (A) To designate ... crosswalks at intersections where in his opinion there is a particular danger to pedestrians crossing the roadway... " The Police Department has reviewed this request and supports the placement of these crosswalks. ATTACHMENTS: Resolution (R) 00-67 , Map indicating crosswalk locations, Memorandum from Oro Valley Police Department. FISCAL IMPACT: Approval of this resolution would require the placement and maintenance of striping on the pavement. The yearly cost would be approximately $100 from the Highway Budget. RECOMMENDATION: Staff recommends approval of this installation. TOWN OF ORO VALLEY COiJNCIL COMMiJNICATION Page 2 of 2 SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution (R) 00- 67 OR I move to deny Resolution (R) 00- 67 11) (:AA-___:__ William A. Jansen, P.E., n Engineer /1444/4/416(42A1 huck Sweet, Town Manager RESOLUTION NO. (R)OO- 67 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE ESTABLISHMENT OF CROSSWALKS ON WOODBURNE AVENUE AT GRANVILLE CANYON WAY AND AT WANDERLUST ROAD WHEREAS, a new elementary school on Woodburne Avenue will begin classes later this year; and WHEREAS, students within 1/2 mile of the facility will be walking to school; and WHEREAS, no other crosswalks exist in the vicinity; and WHEREAS, the Town Code, Article 11-3-8 Authority to Designate Crosswalks, Establish Safety Zones and Mark Lanes, states that the Police Chief may, upon approval by the Council, designate crosswalks; and THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That crosswalks be established on Woodburne Avenue at Granville Canyon Way and at Wanderlust Road. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5Th day of JULY , 2000. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan L. Dudley, Town Attorney Date Date t l 'ijii4111 \\ 110- 111,m, _ ummiliaa op I Mr # ro 111 Q4 14i / II 7 :11111111 ii• • ',, '' ili z , i A 1L ,0 ,11;11 ct- 10' Q agl A 0 6 ,. k. Nev,i r `'t 4W\ s-cqcn ml . P. 4G,'4 ' NoS5wA., ' z ii . h ` EY 7`%...- 4R, �� ay• O 3 2 11000 N. La Canada Dr. Oro Valley, Arizona 85737 T Phone (520) 229-4900 FAX (520) 797-2616 ";:ANIEL G. SHARP, Chief of Police 4 ;��`h www.ovpd.org <A Al" ro sAIL oUNDEO. ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" MEMORANDUM TO: LORY WARREN / FROM: A . 5 COMDR. LENTNER 1f" DA i+ 06/13/00 RE: WOODBURNE SCHOOL CROSSWALKS RECENTLY SGT. JASON LARTER INSPECTED THE PROPOSED CROSSWALK LOCATIONS FOR THE WOODBURNE SCHOOL. BASED ON HIS OBSERVATIONS, THE ORO VALLEY POLICE DEPARTMENT DOES NOT HAVE ANY PROBLEMS OR CONCERNS WITH THEIR PROPOSED LOCATION. TOWN OF ORO VALLEY E. COUNCIL COMMUNICATION MEETING DATE: JULY 5, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Gay, Assurance Clerk SUBJECT: COTTONWOOD PROPERTIES REQUEST APPROVAL OF RELEASE OF LOTS 197 THRU 205 DESERT VISTA SUBDIVISION FROM THE THIRD PARTY TRUST AGREEMENT AND WILL REPLACE WITH A LETTER OF CREDIT. SUMMARY: Cottonwood Properties would like to post a letter of credit in the amount of $80,866.00 as they are currently building out the La Tanya Drive improvements to serve lots 197 - 205 Desert Vista subdivision. This letter of credit would guarantee the completion of these improvements. RECOMMENDATIONS: Staff has no objections to this request. SUGGESTED MOTION: The Town Council may wish to consider the following motion: move to approve OV 12-94-31 Desert Vista subdivision lots 197-205 to be released from the third party trust agreement, to be replaced with a letter of credit in the amount of$80,866.00. ATTACHMENTS: Letter from Cottonwood Properties and estimate of probable construction co• . Plann ap,Zoning Administrator -/fi Community Development Director / f A /A ...... �11. (I Town Manager F:\INDIVID\SAG\TCCREL.DOC MILT_CE7715.11 BY• o e s o June 7 , 2000 Ms . Shirley Gay Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Re : Desert Vista Subdivision La Tanya Drive Improvements OV12-94-31 Dear Shirley: We are currently building out the La Tanya Drive improvements to serve Lots No . 197 thru 205 in the Desert Vista subdivision. We would like to post a letter of credit with the Town in order to guarantee the completion of these improvements . Toward that end, we have attached and engineers estimate, prepared by The WLB Group, for the completion of these improvements . Please ask Town staff to review and approve this estimate . After receipt of that approval, we will order the letter of credit, deliver it to your office, and request that the third party trust assurances be released for these lots . If you have any questions, or require any additional information, please do not hesitate to call me at 299-8424 . Thank you for your assistance ! Sincerely, 1 Rand R. Gawthorpe Project Manager Enclosure (3 pages) cc : Mr . Bill Hallinan, V. P . , Cottonwood Properties, Inc . , w/encl 3567 East Sunrise Drive, Suite 219,Tucson. Arizona 85718(520) 299-8424 FAX(520) 577-2391 COTTONWOODPROPF RTIF c JULY UI UU INLL1 1 1 .LU 1111 IMLU U11UU1 II-In 11U. )LU UU1 11 v LI vv The Engineering • Punning WLB Surveying • Urban Design roupLandscape Architecture June 7, 2000 Mr. Rand Gawthorpe Cottonwood Properties, Inc. 3567 East Sunrise Drive, Suite 219 Tucson, Arizona 85718 Subject: Desert Vista Subdivision, Lots 197 - 205 WLB No. 194028-A-006 Dear Rand: Based upon our records, field observations and.information provided by you,we are forwarding to you our Opinion of Probable Construction Cost for the remainder of the work on the above- referenced project. If you. need any additional information or if you have any questions, please feel free to call us at 881-7480. Sincerely, THE WLB GROUP, INC. �7 Jerry L. 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Q o O CD 0 Or- R- " %s Cf ..y > 0 cp • v2 oA3 -o 0 ro y D = No -a N 0 ,< 0, 0 co o 0 o m iiim 1 0 oz -- 0 Z * > _ _. - t o cn r"" Z rn Ci, I o 1 0 -ri a c 0 o O 0 S. 3 ov 5 -Z' O OD CO j k , * ) MI. rn 0 C n 30 D o 0 r z <_ 61b CD N n MI CD , 4 . , & n a_ C a 1 < o- c- 0 amu- C) ....4-- • � 110-. › 0 ,_ `° co ci, , m o 0 3 O o O v N - w J O 00 0o ca ,O o, C c 0 = 0% Q% Q7 W 01 a) Ut O n , 0 m0, o, co co 01 01 w o 0 g &-A. c.n CD - O Q a ,� `~ -7; o E o a Q • .O ' c : QE v' n C7 iii o 0 a o CO a. CD N a CD en cn n U 0 c Q N a TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 5,2000 TO: HONORABLE MAYOR & COUNCIL FROM: Bayer Vella, Senior Planner and Michael Shanley, Planner SUBJECT: OV12-00-05 RANCHO VISTOSO NEIGHBORHOOD 7 PARCEL A,PRELIMINARY PLAT ADJACENT TO MOORE ROAD, WEST OF HIGHLANDS WASH, AND EAST OF VISTOSO RIDGE SUMMARY EEC, representing Vistoso Partners, requests Town Council approval of a preliminary plat. The plat is an in-fill project along the westerly boundary of the PAD. The proposal involves 47.15 acres and consists of 55 single- family lots. The subject parcel is located south and adjacent to Moore Road, west and adjacent to Highlands Wash, and east of Vistoso Ridge Subdivision, which is currently being developed. The subdivision will be accessed via the future extension of Piping Rock Road and Moore Road. The basic development standards for the proposed subdivision are as follows: • minimum lot size of 5,000 square feet • setbacks of 20'-front, 5'-side, and 10'-rear • maximum building height of 30', two stories. SITE CONDITION The site is covered with scrub desert; however, there is a small dirt road that was grubbed approximately 5 years ago. The vegetation is typical of upland areas in its composition and features some relatively large washes and slopes that will be impacted by grading for this plat. A couple of ridges run north and south through the site with steep slopes to the east and west. ORO VALLEY ZONING CODE REVISED The proposed plat is in conformance with the general requirements of the OVZCR. The following issues are pertinent: Riparian Overlay District The proposed improvements to Moore Road will include a road crossing through Highlands Wash. Due to the sensitive nature of this riparian area, Thomas Olsen Associates, Inc. has completed a Riparian Habitat Study and Mitigation Plan for Vistoso Partners, LLC, who will contract for the road improvements. The Study and Plan have been reviewed by staff to ensure compliance with Article 10-7 of the OVZCR. Design of Internal Roads Originally, the applicant proposed utilizing extended driveways to serve lots 5-9, 28-30, and 41-43. It is important to note that such driveways have been used in other subdivisions to limit the impact on environmentally sensitive areas. Although the zoning code does not expressly prohibit the use of such driveways, staff wishes to encourage a higher standard. Use of driveways to serve multiple lots may present a a i TOWN OF ORO VALLEY COUNCIL COMMUNICATION ,. Page 2 of 4 hardship for future owners with regard to road, sewer, and utility maintenance responsibilities. Due to such concerns, the applicant agreed to remove the largest driveway by lengthening the cul de sac serving lots 41-43. General • Some fill slopes at detention basins require terraced retaining walls. Staff has included a condition that requires these terraces to be landscaped to minimize the visual impact. Details will be provided on the landscape plan. • Per Sec, 4-305-G-1 & 2, the applicant has provided archaeological clearance in the form of a letter received from an environmental consultant certifying that the site contains does not contain cultural resources. RANCHO VISTOSO PAD The underlying zoning for this site is Medium Density Residential (MDR). The proposed density is 2.7 RAC, which complies with the MDR standards in the PAD. In terms of significant resources, the proposed subdivision is adjacent to Highlands Wash, which is designated as open space. The PAD also provides for a pedestrian trail within the wash. The PAD specifies that significant vegetation or topography and minor washes should be preserved as common open space whenever possible. The applicant has taken a significant step toward minimizing impacts by developing at a significantly lower density than what is permitted. Recreation Areas The recreation areas for Neighborhood 7 are served by Sunset Park, Woodshade Linear Park, and Wildlife Ridge Park. Each of the aforementioned parks have already been developed. In addition, staff recommends the addition of two recreation areas within the subdivision as a component of a proposed PAD open space exchange (see Open Space section). The common area adjacent to lot 9 and the one abutting lots 26 & 27 will serve as recreation areas and access points to the open space and trail along Highlands Wash. Details regarding the design and amenities for the recreation areas and trail will be provided in the landscape plan. Open Space The open space area is designated as Common Area "A" on the plat; however, there is approximately 1.30 acres of lot encroachment into the PAD designated open space. The majority of the encroachment is located on a ridge between the Highlands Wash and a secondary wash to the west. The developer wishes to establish 4 custom lots varying from 1/3 — 1 acre each. The applicant has proposed exchanging this open space ridge area for 2.45 acres (excluding recreation areas) of open space that is located beyond the rear property lines of lots along Common Area "A." (see Exhibit B on sheet 5 of the plat.) The exchange would entail the loss of 1.30 acres in exchange for 2.45 acres. There are several additional elements involved with the proposed exchange: • Lots 28-31 will be developed as custom graded lots. Additionally, grading shall be limited to the standards of the Town's grading ordinance (Sec. 15-401) which allows a maximum cut or fill of 6 vertical feet. • Two additional recreation areas, including amenities, will be provided within the subdivision. A trial from each recreation area to the main trail within Highlands Wash will be provided. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 4 • The building height restriction for the subdivision is 30 feet. In response to neighbor concerns, lots 28-30, 40-44, 54, and 55 will be restricted to one story and eighteen feet. • The applicant agreed to establish a larger bufferyard along the northerly edge of lots 4 through 9. • As requested by the property owners in Sun Ridge II, the applicant established an additional 25 ft. wide bufferyard along the western edge of lot 55. GENERAL PLAN COMPLIANCE The preliminary plat complies with Policy 6.1D, recommending linkage of recreation facilities and natural areas through a community open space network. Accomplishing the goal of Policy 6.1F will be implemented with integrated parks and trail system that promotes a sense of community identity for the residents and preservation of wildlife habitat and movement corridors. The proposed plat preserves most of the open space that is within and adjacent to the parcel. TRAFFIC This project is located on Moore Road approximately 1/4 mile east of the future intersection of Moore Road and La Canada Drive and 11/2 miles west of the Moore Road and Rancho Vistoso Boulevard intersection. Approximately 550 new trips will be generated daily by the proposed 55 single-family dwelling units. Access to parcel A will be provided by subdivision streets that will connect to Moore Road. Based on information provided in the preliminary traffic impact report, it is apparent that this development will not negatively impact the area highway network. ENDANGERED SPECIES ACT COMPLIANCE This property is located within Zone 1 of the USFWS designated habitat for the Cactus Ferruginous Pygmy Owl. Staff strongly recommends that the applicant conduct surveys prior to obtain a grading permit. DRB REVIEW AND RECOMMENDATION DRB reviewed the proposed plat on May 9th and voted to recommend conditional approval. The applicant has addressed the majority of conditions. There are a few relatively minor issues remaining, which are depicted in Exhibit A. Following the DRB meeting, the applicant, staff, and several interested neighbors met to discuss remaining concerns on May 16, 2000. At the meeting, the following agreements were made between Vistoso Partners and the adjacent property owners in attendance: • Establishment of a 25 ft. wide bufferyard on the west side of lot 55 adjacent to Sunridge II on the west side • Restrict building heights to 18 feet for lots 28-30, 40-44, 54, and 55 in order to maintain viewsheds. DRB originally recommended a restriction of 25 feet. • Neighboring property owners agreed to support the proposed open space exchange TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 4 RECOMMENDATION Staff recommends approval of the proposed Preliminary Plat subject to the conditions listed in Exhibit"A". SUGGESTED MOTIONS: The Council may wish to consider one of the following motions: I move to approve OV 12-00-05 Rancho Vistoso Neighborhood 7A Preliminary Plat, effective on the date of satisfaction of attached conditions listed in Exhibit A, attached herewith. OR I move to approve OV12-00-05 Rancho Vistoso Neighborhood 7A Preliminary Plat, effective on the date of satisfaction of attached conditions listed in Exhibit A, attached herewith and the following added conditions: . OR I move to deny OV 12-00-05 Rancho Vistoso Neighborhood 7A Preliminary Plat, finding that: . Attachments: 1. Exhibit A—Conditions for Approval 2. DRB Minutes 3. Reduced Copy of Preliminary Plat .4/ 441/ i ' . .. / -4 P1.17. d ZoningAdministrator A(//1 Community Development Director akm,te ,2,7,..„er' Town Manager :\OV\OV 12\2000\12-00-05\TC PP Report.doc EXHIBIT A CONDITIONS OF APPROVAL OV12-00-05 Rancho Vistoso Neighborhood 7A Preliminary Plat 1. The applicant shall provide a drainage and drainage maintenance easement for the channel constructed along the lot 40 and 41 boundary. 2. The storage volume value shown for basin C on figure 3 of the report and sheet 4 of the preliminary plat does not match the value of that found in the appendices of the report. The engineer shall revise as appropriate. 3. Sheet 3 of the preliminary plat shows a portion of basin C encroaching into lot 46. The applicant's engineer shall make adjustments as necessary to correct this. 4. Detail A on Sheet 2 is not applicable for this plat and is to be removed. 5. Add on Detail B the location of dry utilities under the PUE on the right side of the detail. 6. Page 1 of the plat showing the location map shall be revised to show the project site in the center of the map per code. 7. Add to the legend the symbol for the trail in Highlands Wash. 8. Revise Exhibit B, open space exchange area, on sheet 5 to match the plat. 9. The Riparian Study for the Moore Road extension over the Highlands Wash shall be approved by the Planning and Zoning Administrator to ensure compliance with Article 10-7 of OVZCR. 10. Final Plat shall not go forward to Town Council until Public Works and the Water Utility have approved the improvement plans (paving, street, water and sewer plans). 11. Landscape Plan and Final Plat shall be approved concurrently by Town Council. 12. The recreation areas, trails from these Common Areas to the trail in Highlands Wash, and the Highlands Wash Trail shall be constructed in a manner acceptable in design to the P & Z Administrator and shall include signage at the intersections of the paths and streets. The recreation areas, trails and associated amenities shall be depicted on the Landscape Plan. 13. Terrace walls shall be landscaped to minimize the visual impact from surrounding property including open space and trails. The Landscape Plan will provide details on how this is to be accomplished. 14. The revised Preliminary Plat shall be resubmitted with the aforementioned corrections prior to final plat submittal. MINUTES OF THE ORO VALLEY DEVELOPMENT REVIEW BOARD MEETING TUESDAY May 9, 2000 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 6:05 p.m. ROLL CALL: Present Patti Lewis, Chair Jim Vogelsberg, Vice Chair Nancy Mager, Member Bruce Enger, Member Absent Richard Underwood, Member Mary Glueck, Member Barbara Bell, Member Others Present: Bayer Vella, Senior Planner Craig Civalier, PE Paul Nzomo, PE Dan Dudley, Town Attorney EXECUTIVE SESSION AT OR AFTER 6:00 PM MOTION: Moved seconded (Chair Lewis/Vogelsberg) to go into Executive Session at 6:30 p.m. Motion carried, 4-0. The Executive Session was called for the following purpose: 1. Pursuant to ARS38-431.03 (A) (3) to obtain legal advise relating to 0V12-99-18 Naranja Ridge Estates Preliminary Plat and related matters. MOTION: Moved seconded (Mager/Enger) to go out of Executive Session at 6:55 p.m. Motioned carried, 4-0. RESUME REGULAR SESSION AT OR AFTER 7:PM CALL TO ORDER - 7:05 p.m. 05-09-00 Development Review Board Minutes Page 7 A 5-minute recess was called. OV12-00-05 RANCHO VISTOSO NEIGHBORHOOD 7 PARCEL A, PRELIMINARY PLAT Michael Shanley, Planner I, introduced the staff report into the record. EEC, representing the developer, Vistoso Partners, requests approval for a preliminary plat. The proposed preliminary plat is 47.15 acres and will consist of 55 single-family lots. The proposed plat is located south and adjacent to Moore Road, west and adjacent to Highlands Wash, and east of Vistoso Ridge subdivision, which is currently being developed. The preliminary plat complies with Policy 6.1D, recommending linkage of recreation facilities and natural acres through a community open space network. Staff recommends approval of the Rancho Vistoso Neighborhood 7 Parcel A subject to Staff conditions. Craig Civalier introduced the staff report into the record. Approximately 550 new trips will be generated daily by the proposed 55 single-family dwelling units. Access to parcel A will be provided by subdivision streets that will connect to Moore Road. Regarding drainage, this site is located on a parcel of land that is a series ridges washes on the westside of the Highland wash. The existing runoff flows off the ridges into the washes and then to Highlands Wash. This project is in conformance with the Master Highlands Wash Basin Study. Grading, this is a combined mass graded and custom graded subdivision. Eight lots will require type 1 grading permits. The Rancho Vistoso PAD grading standards apply to this subdivision. Over 26 acres are to be undisturbed as Common Areas. Ryan Bale, of EEC, representing the developer Vistoso Partners, was present for questions. He stated he is agreeable with the staff conditions and would like to keep the 25-foot building height. Linda Arnold, 180 W. Linda Vista, commented she was speaking for lot owners and homeowners in Sunridge. Mrs. Arnold expressed her concerns that they were not informed of this submittal. She expressed she stands for growth that respects the land and neighboring subdivisions. She would like to support this preliminary plat but had suggestions for changes regarding buffer area, height restriction, impact to washes in the area, and eliminating all private streets. Keith Johansen, 637 W. Kachina Ridge Place, expressed his concerns regarding height restriction and lot sizes. He bought his lot because of the tremendous views. He would like to see the height of the homes restricted to 18 feet. He stated he was in agreement with Mrs. Arnold and her concerns. Thomas Dwan, 1110 W. Antelope Creek Way, he stated he owns lots 36 and 39 in Sunridge. He felt that if there were ho height restrictions it would affect the view from his home. He also commented that there should be restrictions to the building envelope. MOTION: Moved seconded (Enger/Mager) to recommend approval of OV 12-00-05 "Rancho Vistoso Neighborhood 7 Parcel A, Preliminary Plat subject to the following staff conditions. Motion carried, 3-1 (Vogelsberg opposed) (Bell/Glueck/Underwood absent) 05-09-00 Development Review Board Minutes Page 8 STAFF CONDITIONS: 1. Zoning Code (a) Per Sec. 4-305-B-16; Approval of the plat shall be effective for 6 months and may be extended upon reapplication and review by Staff and Council. (b) Per Sec. 305-E-la, Label concentration points for the pre-development with their corresponding flows (c) Per Sec. 4-305-G-1 and 2; provide archaeological clearance. (d) Per Sec. 4-305 H-8, indicate typical and minimal lot sizes on the plat. No lot sizes are indicated some lot dimensions are missing, see redlines. 2. Lots 29-31 have a maximum cut or fill of 6 vertical feet as defined in OVZCR Sec. 15-401 and house construction on these lots shall be limited to one (1) story not to exceed 25 ft. 3. Terrace walls shall be landscaped to minimize the visual impact from surrounding property including open space and trails. The landscape plan will provide details on how this is to be accomplished. 4. The trail in Highlands Wash shall be constructed in a manner acceptable in design to the P & Z Administrator and shall include signage at the intersections of the paths and public ROW. The trail and associated amenities shall be depicted on the Landscape Plan. 5. Preliminary Plat, PP • Some lot dimensions are missing, see redlines. • All cul-de-sac radii shall be labeled 42-ft. • Label all detention basins with the appropriate letter to correspond with the drainage report. • Sheet 1 • Add the following to note 7, ", and detention basins. An annual maintenance record shall be kept for inspection by the Town of Oro Valley." • Add the following to note 22, "The common areas are reserved as private drainage easements." • Some of the roads shown on the location map are incomplete, see redlines. • Add a note that states the number of miles of new public and private roads. • Add to the legend the symbol for the trail in Highlands Wash. • Sheet 2 • The centerline curve data is missing for Rock Creek Road just north of Kwame Court. • Label the 10-ft strip of common area C next to lot 10. • Label all drainage easements as drainage and access easements. • Add the missing lot line dimensions. • Add to detail of"Building Setbacks,: typical lot size and minimum lot area in sf. • On detail B add the dry utilities under the PUE on the right side of the detail. • Remove detail A. • Sheet 3 • The centerline curve data is missing for the first curve east of Rock Creek Road on Kwame 05-09-00 Development Review Board Minutes Page 9 Court. • A sewer easement is required for the sanitary sewer in common area C next to lots 48 and 51. • Label all drainage easements as drainage and access easements. • The Q100 flow at concentration point F is 8.2-cfs not 5.7-cfs. • Sheet 4 • Label all detention basins with the appropriate letter to correspond with the drainage report. • Detail A, B and E; label the contours with the corresponding elevation. Allow for the appropriate slope runout for grading purposes. • Show the overflow structures for all of the basins. • Add the appropriate scale to all basin diagrams. • Add the basin volume table to the plan. Show the bleeder pipes for all basins on the plan and profile details. • Cross section D, the 8-ft max height of the terrace has been exceeded on basin D. • The invert elevation of basin of E on the plan does not match the drainage report. Please clarify. • The invert elevation is missing cross section E. 6. Drainage Report • More detail shall be added to the drainage report narrative with regard to how the detention basins will be designed to accommodate maintenance. This shall include addressing access/egress into and out of the pond as well as and mobility of maintenance equipment (e.g. a backhoe) within the basin. • Check for sediment transport that can plug up the bleeder pipes. • There are inconsistent diameters called out in the drainage report for detention basin outlet pipes. In the appendix on the graph paper that shows a typical pond outlet, where is the weir as mention in the Developed Condition section? The report states that s 5.5-inch orifice will be installed in the 12-inch bleeder pipes, this detail shows a 4-inch opening. The drainage report shall be revised to address the inconsistencies. • Trash racks are required for outlet pipes 24-inches in diameter or less. ' • Provide energy dissipaters and hydraulic calculations for all locations where concentrated flow exists on the site. • Page 2, under Developed Condition; change 56 lots to 55 lots. • Reservoir routing calculations for basin C, the plan shows a 1-ft storage capacity and the report shows 2-ft, please clarify. A similar situation exists for basin D.0 • Channel Ratings, show the required freeboard and appropriate calculations for all channels. • Show the floodplain limits and water surface elevation for the Highlands Wash adjacent to the project site shall be shown on the preliminary and final plat as well as on the drainage plan site maps. • Prior to issuance of a grading permit, the applicant shall obtain delineation from the U.S. Army Corps of Engineers to determine that none of the work proposed with this project is within waters of the U.S. • In the `Scupper& Curb Opening Calculations' data section of the drainage report, the verbiage shall be revised to indicate that the scuppers will be constructed per Pima County standards/details. • Channel 'A' data/calculations shall be added to the drainage report. • More detail shall be added to the drainage report narrative with regard to the HEC-1 modeling run. 05-09-00 Development Review Board Minutes Page 10 The narrative shall include identifications of basins, reaches, timing and numerical values for Q100 of the Highlands Wash at Tangerine Road. 7. Per Sec. 4-609-H, backing of lots to thoroughfares is prohibited and Lots 4 through 10 do not meet the code for lot planning. Traffic noise and other interference mitigation measures are to be proposed. Rear lot lines shall be reduced and a 15' landscape buffer shall be dedicated as Common Area to be maintained by the HOA. 8. Private drive to Lots 9 & 10 will be adjusted to minimize fill. 9. Applicant and Staff will work to consider extending the cul-de-sac "Britta Marie Ct." to serve Lots 40 through 44 in order to eliminate the private drive. 10. Visual impact of the development from the south and west, shall be mitigated by a conditional requirement that Lots 40 through 44 are limited to one (1) story, not to exceed 25 ft. 11. Provide a Buffer Yard "C" between lot 55 and development to the west and work with Staff to allow landscaping within the ROW of Granite View Dr cul-de-sac. OV13-00-19 TRIMARK HOMES REQUEST FOR ARCHITECTURAL APPROVAL - MODEL HOMES, RANCHO VISTOSO NEIGHBORHOOD 13 F, LOTS 35-38, 41-45, 78-89 Bayer Vella introduced the staff report into the record. Trimark Homes has submitted plans for four model homes to be built at Rancho Vistoso Neighborhood 13, Parcel F, Lots 35-38, 41-45, and 78-89. This subdivision is also known as 8th Green at Vistoso. The gross area of this subdivision is 43.85 acres with a total number of 89 lots. The average lot size is 15,617 square feet and the existing zoning is Rancho Vistoso P.A.D. medium high density residential. The model numbers are 2380, 3180, 3568, and 3600, which correspond to the square footage of livable space. These models have been built at Scottsdale, Arizona, but are new to Oro Valley. The architecture of these models can be described as Sonoran Contemporary. The models are all single story and have pitched tile roofs. All of the homes have covered entrances and rear patios. 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" Q S i 1 C N Ca '� F ,_ Oy \ �� sil � /�� –� C D caw pla ,o,4 r . ,,------.0., -....,, ,fir,;: ji _0,, :,-, , .., A .t.,' ..'Pi'2 _____) q P" I*1f*1 2 D xi< z Oi •\ v ib O W Dy A c) t*1 D b ti0, R. c Fio y 0 ' ^ "UII Oa 9,0' m r or � ( n ; 2 S rUO �°a 73 iri c2 Nc) -4 • p� Ot r • n N P3 /� �1rri N Raj 'I l o � O , i I A II co, crt 0 tiLi) 2 TOWN OF ORO VALLEY MEETING DATE: 07/05/2000 COUNCIL COMMUNICATION TO: HONORABLE MAYOR& COUNCIL FROM: Jeffrey H. Weir, Economic Development Administrator SUBJECT: Resolution No. (R) 03- 68 , Consideration and Approval of a Financial Participation Agreement with the Greater Tucson Economic Council. SUMMARY: Each year the Town staff evaluates continuance of funding for area non-profit organizations that provide services that are beneficial to the Town's residents. The attached Resolution & Financial Participation Agreement (EPA) between the Town and the Greater Tucson Economic Council (GTEC) extends the Town's and GTEC's partnering for the FY 2000—2001. ATTACHMENTS: 1. Resolution No. (R)00- 68 Financial Participation Agreement with the Greater Tucson Economic Council. FISCAL IMPACT: Funding for the July 1, 2000 through June 30, 2001 FPA with GTEC is $ 20,000. RECOMMENDATION: Staff recommends approval of the Financial Participation Agreement with GTEC. SUGGESTED MOTION: I move to approve Resolution No. (R) Co- 68 executing a Financial Participation Agreement between the Town of Oro Valley and the Greater Tucson Economic Council. i /e____ _. ,' IN / -ffr-y . Weir, CED Economic Development Administrator 'c 7.2- (14,tiv ----- David L. Andrews Finance Director ,/ Al Chuck Swe- Town Manager Resolution No. (R) OU-68 TOWN OF ORO VALLEY FINANCIAL PARTICIPATION AGREEMENT GREATER TUCSON ECONOMIC COUNCIL THIS AGREEMENT, made and entered into this 5th. day of July, 2000, by and between the Town of Oro Valley, a municipal corporation, hereinafter called the "Town" and the Greater Tucson Economic Council, hereinafter called "GTEC". WITNESSETH WHEREAS, it has been determined that the activities of GTEC are in the public interest, and are such as to improve and promote the public welfare of the Town; and WHEREAS, the Mayor and Council have determined that to financially participate in the promotion of the activities of GTEC is a public purpose in that the activities confer direct benefit of a general character to a significant part of the public; NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto do mutually agree as follows: Section 1: Statement of Purpose GTEC shall fund and oversee the implementation of an economic development strategy to ensure and improve the vitality of Pima County including the Town of Oro Valley by complimenting the community's economic development resources. Section 2: Services To Be Performed By GTEC 1 . GTEC, in cooperation with other groups, organizations, agencies, departments and individuals involved in economic development activities, shall coordinate and facilitate the development of a comprehensive and balanced economic development strategy for the Tucson Metropolitan area including the Town of Oro Valley. 2. GTEC through the direction of its Board of Directors and Executive Committee shall oversee the implementation of the strategy primarily through its Program of Work as outlined in Exhibit A and attached hereto. 3. A specific focus of GTEC shall be to locate new, expanding or relocating firms and to promote job development within the town limits of Oro Valley. GTEC, in cooperation with the Town's Economic Development Administrator agrees to work with the town in its recruitment efforts for those relevant industries that are identified in the Town's General Plan and Community Economic Development Strategy. Further, GTEC agrees to provide the Town with continuous feedback in evaluating its ongoing recruitment efforts and to notify the ED Administrator concerning prospects demonstrating a specific interest in an Oro Valley site(s) or prospect visits to such site(s) for appropriate Town involvement. 4. GTEC agrees to work with the Town in establishing links between GTEC and the Town for their respective Internet WebPages. 5. GTEC agrees to provide information regarding the Town to business prospects in its CD ROM presentations. 6. GTEC shall distribute Town of Oro Valley promotional material and industrial site information to all leads and prospects targeted in the Town's Community Economic Development Strategy. 7. Include information on the town in GTEC marketing publications, such as Tucson, Arizona: A Sound Business Decision. 8. Include the town industrial properties in the GTEC real estate database. 9. Support Town business retention efforts within Oro Valley/Greater Tucson Strategic Partnership for Economic Development (GTSPED) targeted industries. 10. Provide quarterly reports to the Town ED Administrator on the progress of: A. Promotion of job development within the town limits of Oro Valley including: • A generic listing description of prospects developed demonstrating a specific interest in Oro Valley sites (i.e., type of industry, number of jobs, etc). • A generic listing of prospect visits to sites in the Town. B. Inform the Town ED Administrator of GTEC visits to local industries to facilitate mutual participation in expansion/retention efforts in Oro Valley. • A generic listing/description of retention visits made to local industries and other information concerning expansion retention activities in Oro Valley. Section 3: Services To Be Provided By The Town Provide GTEC with a sum of money not to exceed Twenty Thousand Dollars ($20,000). Section 4: Evaluation Criteria And Reporting: a) GTEC agrees to submit to the Town, through the Economic Development Administrator, reports addressing the progress of GTEC in achieving its Program of Work. Reports shall be submitted within fifteen (15) working days of the end of each calendar quarter. b) GTEC agrees to review and present such reports to the Town Council in open meetings on an as requested basis. 2 Section 5: Method Of Payment The amount allocated hereunder (Section 3) shall be paid to GTEC for services rendered in four installments, to be paid on October 10, January 10, April 10 and July 21 upon receipt of a written request signed by an authorized representative of GTEC. The Town may withhold whole or part of the scheduled payment as may be necessary because: 1. Services were not rendered. 2. GTEC failed to supply information or reports as required. 3. GTEC is not in compliance with agreed upon disbursement documentation and/or other project performance. When the reasons for withholding payments have been corrected to the satisfaction of the Town, any amounts due shall be processed. The Town will be reimbursed for any funds expended for services not rendered. Section 6: Responsibility For Open Records GTEC agrees to make open to the public all records relating to any funds directly received from the Town that GTEC distributes to other organizations or individuals. Section 7: Accountability GTEC shall maintain a true and accurate accounting system which meets generally accepted accounting principles, and which is capable of properly accounting for all expenditures and receipts of GTEC on a timely basis. GTEC's accounting system shall permit separate, identifiable accounting for all funds to be provided by the Town pursuant to this Agreement. GTEC shall provide the Finance Department of the Town, within four months after the close of GTEC's fiscal year, a copy of the financial audit of GTEC's operations by an independent certified public accountant, along with any management letter, and, if applicable, GTEC's plan for corrective action. If GTEC does not have an audit, it may submit within three months after the close of its fiscal year, a complete accounting of Town funds received. This accounting must be approved by the Finance Department of the Town as sufficiently descriptive and complete. If for good reason GTEC can not meet the times established for submission of financial reporting, GTEC shall notify the Finance Department in writing of the reason for the 3 delay, provide an expected completion date, and request a waiver of the due date. At any time during or after the period of this contract, the Finance Department of the Town or a Town agent may audit GTEC's overall financial operation for the contract period. GTEC shall provide any financial reports or documentation necessary to accomplish such an audit. Section 8: Matching Grants GTEC agrees to obtain Mayor and Council approval prior to applying for any matching grants involving the commitment of Town funds. Section 9: Americans With Disabilities Act GTEC shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and applicable federal regulations under the Act (28 CFT Parts 35 and 36). Section 10: Terms of Agreement This Agreement between parties as described above shall be effective from the commencement date of this agreement through June 30, 2001 and may be extended by approval of the Mayor and Council of the Town. Section 11: Termination This Agreement may be terminated at any time by mutual written consent, or by either party giving thirty (30) days written notice to the other party, or at such time, as in the opinion of the Town, GTEC's performance hereunder is deemed unsatisfactory. Section 12: Indemnification To the extent not prohibited by ARS Section 35-154 and permitted by ARS Section 41- 621, GTEC agrees to indemnify, defend and save harmless the Town, its Mayor and Council, appointed boards, committees, and commissions, officers, employees, and insurance carriers, individually and collectively, from all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature resulting from personal injury to any person, including employees of GTEC or of any sub- contractor employed by GTEC (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the work to be performed hereunder, except any such injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. Worker Compensation insurance and/or self-insurance carried by the Town does not apply to employees or volunteers acting in any capacity for GTEC. 4 Section 13: Independent Contractor The parties stipulate and agree that Agency is not an employee of the Town, and is performing its duties hereunder as an Independent Contractor, supplying its own employees, and maintaining its own insurance, workman's compensation insurance, and handling all of its own internal accounting. The Town in no way controls, directs or has any responsibility for the actions of GTEC. Section 14: Non-Discrimination This Agency promises to abide by Federal statutes relating to non-discrimination. Section 15: Insurance GTEC agrees to: A. Obtain insurance coverage of the types and amounts required in this section and keep such insurance coverage in force throughout the life of this Agreement. All policies will contain an endorsement providing that written notice be given to the Town at least ten (10) calendar days prior to termination, cancellation, or reduction in coverage in any policy. B. The Comprehensive General Liability Insurance policy will include the Town as an additional insured with respect to liability arising out of the performance of this Agreement. C. GTEC will provide and maintain minimum insurance limits as follows: COVERAGE AFFORDED LIMITS OF LIABILITY Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000 — Bodily Injury Liability Insurance Combined Single Limit products and completed $100,000 Property Damage operations Comprehensive Automobile $1,000,000 — Bodily Injury Liability Insurance Combined Single Limit Including: non-owned $100,000 Property Damage Leased, hired vehicles 5 IN WITNESS WHEREOF; the parties hereto have executed this Agreement as of the date first above written. TOWN OF ORO VALLEY, a municipal COUNTERSIGNED: corporation BY: As Town Clerk and not personally Paul Loomis, Mayor and not personally APPROVED AS TO FORM this Of , 2000 Greater Tucson Economic Council BY: For Town Attorney and not personally Agency Representative and not personally By: Witness to the Agency Signature and not personally 6 1'1R is # A:17-! T f TOWN OF ORO VALLEY SUPPLEMENTAL • 1 OUNCIL COMMUNICATION MEETING DATE: July 5, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Jeffrey H. Weir, CED Economic Development Administrator SUBJECT: Additional Performance Information for Northern Pima County Chamber of Commerce and the Metropolitan Tucson Convention and Visitors Bureau (MTCVB). SUMMARY: Attached are two separate reports each of which reflects the performance of the individual entities for which the Town of Oro Valley has provided financial support to in the current fiscal year. The first report from MTCVB indicates attainment or near attainment of the four primary goals that were identified in the 1999— 2000 Fiscal Year Financial Participation Agreement (FPA). The Chamber has prepared their report in a narrative format identifying specific activities for the four performance areas contained within their FPA. Both organizations have satisfied achievement of the primary goals contained within the separate FPA's. \TTACHMENTS: 1. MTCVB Actual versus Goals; 1999—2000 Fiscal Year report. 2. Chamber of Commerce Actual versus Goals; 1999—2000 Fiscal Year report. FISCAL IMPACT: Identified separately for each Financial Participation Agreement. Jeffre H Weir, CED Economic Development Administrator 2),At.,A4,t David L. Andrews Finance Director Chuck Sw t Town Manager 0 0 0o N CD L 0) .Q E oo o o a) N o o 0 0 1 OLeio N ti 13 O a) in r- N 0) N CJ O E U 5C: .— L Rt' O t ct ca 0 10 0 o y > = 0 0 CO o N NIt) v oQ 10 .o' o c 40 N U a) a) a) 5 CC o 0a) 0 0 E a o 0 = ns 0 10 0 0 0 Cil RS 0 O N 0 O = a) L N - tD T- e- O in '4,7 v- CO M 40 C 2 Cl) 4-0 a) c o .0 V 0 e- N � _ 5 4 v o o -� z z co C CU 5 2 O U) i c as !Q RS a) •� O > � 0 0 O L. V Cti v7 2 Cl) 0 0 .- U) a) 0 0 }, (n o �, to Z _ N N _ RS o O J E N R� Q V � � � v . o ca a_ > a) O .c .d+ O J N C4 a) O LL _ 0 i r N V •- C Cl) ii a. a) of o Cl) •- Ts •- .- VS .60 •- .c O 0 _ c _ f L L I— I— N > O ,- 1) Q .. .. - Q. +I° Q. — — ) r N .0 O u ti; F- 0 L i L.RS a) O O QE EW 0 E- f- 2 Z z 3 TOWN OF ORO VALLEY - COUNCIL COMMUNICATION MEETING DATE: 07/05/2000 TO: HONORABLE MAYOR& COUNCIL FROM: Jeffrey H. Weir, Economic Development Administrator SUBJECT: Resolution No. (R)0 8-49 , Consideration and Approval of a Financial Participation Agreement with the Metropolitan Tucson Convention and Visitors Bureau. SUMMARY: The item you have before you would continue the Town's financial participation with the Metropolitan Tucson Convention and Visitors Bureau (MTCVB) for the 2000/2001 Fiscal Year. The following individual may be present this evening to answer any questions concerning the FPA the Council may have: Mr. Jonathan Walker, President - MTCVB. ATTACHMENTS: 1. Resolution No. (R) 00-69 Financial Participation Agreement with the Metropolitan Tucson Convention and Visitors Bureau, and 2. MTCVB Financial Participation Agreement. FISCAL IMPACT: Funding for the July 1, 2000 through June 30, 2001 FPA with MTCVB is estimated at $ 168,750 which equals 75% of the current 1%Bed Tax. RECOMMENDATION: Staff recommends approval of the Financial Participation Agreement with MTCVB. SUGGESTED MOTION: I move to approve Resolution No. (R) 00-69 executing a Financial Participation Agreement between the Town of Oro Valley and the Metropolitan Tucson Convention and Visitors Bureau. • i fr Jeffr; . . Weir, CED Eco •mic Development Administrator David L. Andrews Finance Director Chuck Sweet Town Manager RESOLUTION NO. (R) 00-69 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AND AUTHORIZING A FINANCIAL PARTICIPATION AGREEMENT WITH THE METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU CONTINUING SAID AGREEMENT FOR A PERIOD OF ONE YEAR COMMENCING JULY 1, 2000 THROUGH JUNE 30, 2001. WHEREAS, the Town of Oro Valley desires to enter into an agreement with the Metropolitan Tucson Convention and Visitors Bureau for the period of one (1) year, and WHEREAS,the Mayor and Town Council have determined that the services of the Metropolitan Tucson Convention and Visitors Bureau are in the public interest, and will allocate funds therefore in the Fiscal Year 2000/2001 budget; and WHEREAS, the parties mutually agree to the scope of services as set forth in the Financial Participation Agreement; NOW, THEREFORE, BE IT RESOLVED: 1. That the attached Financial Participation Agreement with the Metropolitan Tucson Convention and Visitors Bureau continuing said agreement for period of one (1)year, from July 1, 2000 through June 30, 2001 is hereby approved. 2. That the Mayor and administrative officers of the Town of Oro Valley are hereby authorized to take such steps as may be necessary to execute said agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5th. day of July, 2000. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, CMC, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney TOWN OF ORO VALLEY FINANCIAL PARTICIPATION AGREEMENT METROPOLITAN TUCSON CONVENTION and VISITORS BUREAU THIS AGREEMENT, made and entered into this 5th. day of July, 2000, by and between the Town of Oro Valley, a municipal corporation, hereinafter called the "Town" and Metropolitan Tucson Convention and Visitors Bureau, an Arizona non-profit corporation hereinafter called the "Bureau". WHEREAS, it has been determined that the activities of the Bureau are in the public interest, and are such as to improve and promote the public welfare of the Town; and WHEREAS, the Mayor and Council have determined that to financially participate in the promotion of the activities of the Bureau is a public purpose in that the activities confer direct benefit of a general character to a significant part of the public; and WHEREAS, the Town desires to acknowledge the Bureau as the principal mechanism through which tourism development, convention attraction and related activities will be undertaken in the furtherance of the goals and objectives of the Town and to promote and facilitate the economic well-being of the Town; and WHEREAS, it is the intent of the Town, subject to the provisions of the state budget law, to provide funding to the Bureau as set forth herein; and WHEREAS, the Town and the Bureau desire to establish a general framework for cooperative efforts, especially the general procedures by which the Bureau will prepare and carry out tourism development and convention attraction activities; NOW, THEREFORE, in consideration of the foregoing, the parties do mutually agree as follows: ARTICLE 1 Section 1.1 Responsibilities of the Bureau. A. Goals Statement. The Metropolitan Tucson Convention and Visitors Bureau will initiate, implement and administer a comprehensive sales promotion and advertising program to attract an increasing number of convention delegates and vacationing tourists to the Town, thereby providing revenues to the community through transient rental and sales taxes, and contributing to the overall economic growth and continued viability of the tourism and hospitality industry. B. General Operational Objections. The Bureau agrees to actively pursue the objectives outlined below throughout the term of this agreement. Bureau Administration Provide administrative control over all Bureau programs within the guidelines established by the Bureau's Executive Committee; Provide administrative and managerial direction in the planning, implementation and coordination of all Bureau operations; Provide recommendations for the Bureau's financial and managerial policies to the Executive Committee; and Provide policies to increase the number of major conventions and trade shows; the volume of off-season business and to increase community awareness in the Bureau's purpose, activities and achievements in order to insure the Bureau's base of membership funding. Convention Sales Attract an increasing number of conventions to Oro Valley, particularly in the off- season(May to November) by: Use of exhibit booth and sales personnel at trade shows, expositions, and conventions; Personal contact, direct mail, and telephone solicitation of meeting planners and association executives; Providing meeting planners and association executives with a complete tour of Oro Valley facilities and attractions; Use of speaking engagements and public service announcements seeking the cooperation of local citizens in attracting organizations of which they are members to hold their conventions in Oro Valley; Providing the services to conventions booked, and the coordination of the various facilities used, to ensure successful meetings and repeat business; Providing all services of satellite offices, New York City, Washington, D.C. and Chicago. Tourism Development Increase the number of foreign tourists and U.S. citizens visiting Oro Valley by: Use of coordinated advertising campaign to reach significant foreign and domestic target area markets; Answering promptly all inquiries from potential visitors; Preparation and distribution of promotional material to travel agents, tour operators, and travel writers; Use of exhibit booth and sales personnel at travel trade shows and expositions attracting travel agents, tour wholesalers, motor-coach group tour representatives, and incentive travel companies; Invitations to foreign group tour operators to visit Oro Valley as part of their itinerary on State-promoted tours; Providing familiarization tours of Oro Valley attractions and facilities to visiting travel agents, tour operators, and travel writers; and Active participation in programs and promotions sponsored by the Arizona Office of Tourism, a state agency. Respond to tourism inquiries received at the Town of Oro Valley Home Page. Membership Program Implement programs as membership development, retention and support, as follows: Identify categories of membership and prospective members within the selected categories; Develop and implement an equitable membership dues structure; Develop and implement a membership billing and annually reviewed billing system; Develop a program for continued liaison with members designed to insure continued membership retention; Develop and implement a program designed to increase Bureau's membership base; and Continue a program of desirable membership activities to enhance the lines of communication between the membership, the Bureau's staff and various committees. ARTICLE 2 Section 2.1 Specific Services to be Performed by the Bureau. Bureau objectives for 2000/2001 (July 1, 2000 - June 30, 2001) 1. To attract an increasing number of conventions to Oro Valley particularly in the off-season (May to November). Among the goals established to meet this objective for Fiscal Year 2000/2001 are to increase the MTCVB-initiated leads for room nights to 312,000, and group sales leads to 1,225. 2. To increase the number of foreign tourists and U.S. citizens visiting Oro Valley. The Bureau expects 700 travel articles to be published as a result of their work with travel writers. 3. To implement programs of membership development, retention, and support. The Bureau plans to achieve membership investments in the MTCVB of$366,000. 4. The Bureau shall utilize its sales manager to generate leads for convention meetings and tours to promote Oro Valley and will specifically conduct familiarization trips which will include the Oro Valley area. 5. As part of the Bureau's participation in trade shows, Bureau agrees to provide and furnish materials pertaining to Oro Valley. 6. Bureau agrees as part of its official visitors guide to feature Oro Valley in the visitors guide, calling attention to the points of interest and attractions in the Town of Oro Valley. This feature shall include a map of the Oro Valley area. 7. Bureau agrees to assist in helping produce a brochure in the event that the Town of Oro Valley obtains funding through the Arizona Office of Tourism Community Cooperative Advertising Program. The photographs for the brochure will be provided by the Bureau. The Bureau agrees to display in a prominent area in the Bureau offices the Oro Valley brochures. In addition, the Oro Valley brochure will be included in all responses requesting relocation information. Events in the Town of Oro Valley that would be of interest to visitors of which the Bureau has been advised by the town shall be included in the bi-monthly publication of the Bureau. The lure brochure published by the sales department shall include information pertaining to Oro Valley. 8. A position on the board of Directors shall be maintained for an elected official from the Town of Oro Valley. 9. The Bureau shall provide a semi-annual report of its activities as they pertain to the Town of Oro Valley and will include the Town of Oro Valley in the acknowledgement that it places on all publications and press releases similar to the following: "The Metropolitan Tucson Convention and Visitors Bureau is an independent, non-profit corporation dedicated to supporting the Tucson area as a visitor and convention destination. It is financially supported by the City of Tucson, Pima County, the Town of Oro Valley, and its individual and business members." 10. Bureau agrees to maintain as part of its library slides and photographs for the use by its clients, photos and slides provided to the Bureau by the Town of Oro Valley. Section 2.2 Responsibility for Open Records. With the exception of expenditures for contractual services, the Bureau agrees to make open to the public all records relating to any funds directly received from the Town, City of Tucson and Pima County, that the Bureau distributes to other organizations or individuals. Section 2.3 Evaluation Criteria and Reporting. The Bureau agrees to submit to the Town Council reports addressing the progress of the Bureau in achieving its objectives. In order to assess the impact of the Bureau, the town, through its designated representative, reserves the right to evaluate performance, and the Bureau will cooperate and use its best efforts to provide access to all pertinent information reasonably necessary to make evaluations. Section 2.4 Accountability. The Bureau shall maintain a true and accurate accounting system which meets acceptable accounting practices of the accounting profession, and which is capable of properly accounting on a timely basis for all expenditures and receipts of the Bureau. The Bureau shall provide the Finance Department of the town, within three months after the close of the Town's fiscal year with: An annual accounting, or - A copy of an outside audit of the Bureau for the time period approximating the period of the Town contract, together with any Bureau response to audit findings. At any time during, and up to a period of five (5) years after completion of this contract, the Finance Department of the town or designated Town agent will be given access to the audit records of the Bureau for the Town's internal audits. Section 2.5 Term of Agreement. This Agreement between parties as described above shall be effective from July 1, 2000 through June 30, 2001 and may be extended for two additional fiscal years so long as: The Mayor and Council of the town determine the services of the Bureau are in the public interest and allocate funds therefor, and the parties mutually agree as to scope of services to be provided by the Bureau in any subsequent fiscal year. At the end of the third fiscal year referred to above, the provisions of this agreement will be subject to review and renegotiations by the Town and the Bureau. Section 2.6 Termination. This Agreement may be terminated at any time by mutual written consent by either party giving ninety (90) days written notice to the other party. Further, the contract may be terminated for good cause by either party with thirty (30) days written notice to the other party. For purposes of this agreement good cause shall include but not be limited to the inability of either party to meet its financial obligations under this contract. ARTICLE 3 FUNDING Section 3.1 Payment. A. It is the intent of the Town that the Bureau receives from the Town an amount mutually agreed upon and measured by one percent (1%)of the Bed Tax Revenues collected by the town. Disbursement of funds by the Town is subject to the annual appropriation by the Town Council and the limitations of the state budget law. It is the intent of the Town that the Bureau receives from the Town seventy-five percent (75%) of the one percent (1%) Bed Tax Revenues actually collected by the Town for each previous month. Payments shall be made on a monthly basis commencing July 1, 2000. Payments are to be made within forty (40) days after the close of each preceding month. B. It shall be the responsibility of the Bureau to obtain funding from sources other than the Town. Financial participation agreements with other governments and government agencies, grants, donations, memberships and any other sources of funding as may become available from time to time shall be included as part of the annual budget submission. C. Method of Payment. The Town may, as a result of subsequently discovered evidence, withhold whole or part of the scheduled payment as may be necessary because: - Services were not rendered. - The Bureau failed to supply information or reports after reasonable requests. - The Bureau is not in compliance with agreed upon disbursement documentation and/or other project performance. - The Bureau failed to make required payments to subcontractors. When the reasons for withholding payments have been corrected to the satisfaction of the Town, any amounts due shall be processed. ARTICLE 4 ACCOUNTABILITY Section 4.1 The Bureau shall implement an accounting system which will comply with the generally accepted auditing principles and with the provisions of the AICPA audit guide for nonprofit corporations. Section 4.2 The Town shall incur no liability for ineligible expenses and such shall be the sole responsibility of the Bureau. ARTICLE 5 MEMBERSHIPS AND OTHER FUNDING Section 5.1 The Bureau shall actively solicit memberships as well as financial participation by Pima County and other incorporated cities and towns who benefit from the services provided by the Bureau. Section 5.2 The Bureau assures the Town that it will endeavor to maintain ongoing funding levels from Pima County consistent with the provisions of A.R.S. § 42-1496 and ongoing funding levels from the City of Tucson. If either the Pima County Board of Supervisors or the Tucson City Council fail at any time during the term of this Agreement to make the full allocation pursuant to their respective agreements with the Bureau, the Bureau and Town mutually agree to renegotiate this Agreement. Section 5.3 In each fiscal year, the Bureau will specify in a Memorandum of Understanding, to be entered into each year by the parties, the percentage that it will attempt to achieve in other funding. ARTICLE 6 MISCELLANEOUS TERMS AND CONDITIONS Section 6.1 Hold Harmless and Insurance Provisions. A. Indemnification. The Bureau agrees to indemnify and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, officers, employees and insurance carriers, individually and collectively(the "Town") from all losses, claims, suits, demands, expenses, subrogation's, attorney's fees or actions of any kind and nature resulting from personal injury to any person (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of either(1)the Bureau's negligent performance of the terms of this contract, or(2) any of the Bureau's acts or omissions, except to the extent attributable solely to a negligent act or omission of the Town. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of indemnity in this paragraph. B. Insurance. 1. Obtain insurance coverage of the types and amounts required in this section and keep such insurance coverage in force throughout the life of this Agreement. All policies will contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy. 2. The Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance policies will include the Town as an additional insured with respect to liability arising out of the performance of this Agreement. 3. The Bureau will provide and maintain minimum insurance limits as follows: COVERAGE AFFORDED LIMITS OF LIABILITY Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000 - Bodily Injury Liability Insurance Combined Single Limit a. products and $100,000 Property Damage completed operations Comprehensive Automobile $1,000,000 - Bodily Injury Liability Insurance Combined Single Limit Including: non-owned $100,000 Property Damage leased, hired vehicles Section 6.2 Conflict of Interest. The Bureau agrees that the provisions of A.R.S. Title 38, Article 5, "Conflict of Interest of Officers and Employers", apply to all the transactions of the Bureau. Section 6.3 Open Meeting. The Bureau agrees to conduct its business in compliance with the provisions of A.R.S. Title 38, Article 3.1 "Public Meetings and Proceedings". Section 6.4 Purchasing. In purchasing contracts for goods and services, the Bureau agrees that it will implement and maintain policies and procedures that insure, wherever feasible or practical, that there will be announced, documented, competitive bidding for such contracts so that the potential effectiveness, as well as cost factors, are considered by the Bureau in the selection of said goods and services. Section 6.5 Performance Evaluation. In order to assess the impact of the Bureau, the Town reserves the right to evaluate performance. Information desire by the Town which is pertinent to this evaluation will be made available for this purpose by the Bureau at the Town's request. Section 6.6 Independent Contractor. The parties stipulate and agree that Bureau is not an employee of the Town, and is performing its duties hereunder as an Independent Contractor, supplying its own employees, and maintaining its won insurance, workman's compensation insurance, and handling all of its own internal accounting. The Town in no way controls, directs or has any responsibility for the actions of the Bureau herein. Section 6.7 The Bureau shall further be responsible for compliance with the United States Immigration Reform and Control Act of 1986, and shall indemnify and hold harmless the Town for any liability arising from failure of the Bureau to comply with said act. Said indemnification to include the costs of suit. Section 6.8 Contract Amendments. By mutual consent of both the Town and the Bureau, this Agreement may be re-opened for renegotiations of and/or the addition/deletion of amendments. Any request for renegotiations shall be in writing, detailing the requested changes. A meeting to discuss the changes shall be held within 30 days of the receipt of the request. Any change to this Agreement will be approved by Mayor and Council. Section 6.9 For each year that the Mayor and Council appropriate funds for the Bureau pursuant to Article II above, the Bureau shall enter into a Memorandum of Understanding with the Town. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. TOWN OF ORO VALLEY, a municipal corporation As Mayor and not personally Paul H. Loomis, Mayor Attest: As Town Clerk and not personally Kathryn E. Cuvelier, Town Clerk THE BUREAU: METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU Authorized Signature Witness to Bureau Signature: Approved as to form this day of , 2000: As Town Attorney and not personally Dan L. Dudley, Town Attorney f:rr `,L S 4 i' T 14 4 f 4. TOWN OF ORO VALLEY SUPPLEMENTAL COUNCIL COMMUNICATION MEETING DATE: July 5, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Jeffrey H. Weir, CED Economic Development Administrator SUBJECT: Additional Performance Information for Northern Pima County Chamber of Commerce and the Metropolitan Tucson Convention and Visitors Bureau (MTCVB). SUMMARY: Attached are two separate reports each of which reflects the performance of the individual entities for which the Town of Oro Valley has provided financial support to in the current fiscal year. The first report from MTCVB indicates attainment or near attainment of the four primary goals that were identified in the 1999—2000 Fiscal Year Financial Participation Agreement (FPA). The Chamber has prepared their report in a narrative format identifying specific activities for the four performance areas contained within their FPA. Both organizations have satisfied achievement of the primary goals contained within the separate FPA's. ATTACHMENTS: 1. MTCVB Actual versus Goals; 1999—2000 Fiscal Year report. 2. Chamber of Commerce Actual versus Goals; 1999— 2000 Fiscal Year report. FISCAL IMPACT: Identified separately for each Financial Participation Agreement. i „1. -2. Jeffre H Weir, CED Economic Development Administrator 21/4:,/ David L. Andrews Finance Director Chuck Sw- .t Town Manager NORTHERNPIHACOUNTY cHANIBER OF COMMERCE To: Oro Valley Town Council From: Northern Pima County Chamber of Commerce Subject: Renewal of Financial Participation Agreement Date: July 5, 2000 In support of the renewal of the Financial Participation Agreement between the Town and the Chamber, we respectfully submit the following summary of our activities relating to the 1999-2000 Agreement. The Agreement's Scope of Services calls for Chamber performance in these areas: A. Tourism, Relocation and Informational Services B. Business Recruitment, Retention and Outreach C. Cooperation with Town on "Shop Locally" programs D. Special Events, ribbon cuttings & grand openings In addition to these areas of concern,the Chamber set a series of performance goals a year ago that were designed to ensure that the organization was stable enough and strong enough to fulfill its obligation to the Town. These objectives were: • Increasing the Chamber's membership and financial base. • Getting increased participation of members in Chamber programs and activities. • Improving communications with members and the public. • Enhancing Chamber identity and visibility. • Developing programs to increase the value of Chamber membership to Small Business and to specific business clusters. • Providing improved level of service through the Chamber office to members and the public. • Establishing alliances with other Chambers, governmental entities and business associations. This summary reflects the Chamber's activities and accomplishments relating to these goals. These activities and accomplishments are quantified where possible, although no previous comparables exist in many areas because this was the first full year of the agreement. 200 West Magee Road,Suite 120 • Tucson,Arizona 85104 520/297-2191 phone•520/142-1960 fax A. Tourism, Relocation and Informational Services • Relocation/Information Packets sent — 1,238 • Office visitors—493 • General Information& Tourism Requests— 6,776 • Website Visits— 19,931 B. Business Recruitment, Retention& Outreach • Business Information Requests—4,068 • Chamber Membership Information Requests— 342 • Attendance at Chamber Breakfasts—presently averaging 90 people per month, up from average of 60 a year ago. • Attendance at Networking Mixers (Outreach)— averaging 88 per event in 2000, up from average of 25 in 1999. • Attendance at Small Business Seminars (Retention)- average of 18 (new program this year) • Booth Spaces occupied at Northwest Business Expo (Outreach)- 85 • Attendance at Networking Luncheons- average of 30 per month, up from 25 in 1999. C. Cooperate with Town on"Shop Locally" programs • The predominant theme of all Chamber meetings, mixers and events is to encourage members to do business with other local businesses • A new program, the Chamber Marketplace, was created to help members advertise special discounts, incentives and promotes to other members, their employees and their families. Sixty-five members presently participate in this program. D. Special Events, Ribbon Cuttings and Grand Openings • The Chamber has organized or participated in more than a dozen ribbon-cuttings, groundbreaking's and grand openings (not all in Oro Valley) in the past year. We have helped organize the events when asked to, and have provided Chamber member mailing lists when requested. • The Chamber has participated with the Town of Oro Valley and the Greater Oro Valley Arts Council in community-wide special events when invited. These include 25th Anniversary activities, July 4 activities, the Arts and Music Festival and the Jazz Festival. • The Chamber has conducted several special events of its own, including the Great Pumpkin Fat Tire Bike Race& Festival and the Northwest Business Expo. In addition to the services performed by the Chamber that relate directly to the agreement,the following accomplishments have a strong impact on our ability to meet the provisions of the agreement. This list is not intended to be all-inclusive, but to provide indication of our progress toward accomplishing the internal goals listed above: • Recruited 117 new members. • Conducted monthly orientation programs for new members. • Retired all long-term debt and created a reserve fund equal to three months operation. • Substantially increased participation in all regular Chamber meetings and events (see item B above). • Completely rebuilt the Chamber's website, with links available to all members at no cost. • Upgraded the Chamber Newsletter and established a broadcast fax capability. • Signed a three-year lease in our present location and erected a sign on the side of the building. • Established the Chamber Marketplace as an outreach program for members to promote their products and services. Printed a separate directory and identification cards for the program. • Conducted monthly Small Business Seminars and Workshops. • Conducted the Northwest Business Expo in conjunction with the Marana Chamber. • Established the Chamber Roundtable to get member feedback on Chamber programs and activities. The Financial Participation Agreement between the Town and the Chamber permits us to do some things that we could not do without it. More importantly, it allows us to do many things better than we could without the Town's financial participation. We believe that all of these things contribute to the overall financial well-being of businesses in Oro Valley and the neighboring areas served by the Chamber. We look forward to continuing our relationship. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: 07/05/2000 4 TO: HONORABLE MAYOR& COUNCIL FROM: Jeffrey H. Weir, Economic Development Administrator SUBJECT: Resolution No. (R) 00- 70 , Consideration and Approval of and modification to the Financial Participation Agreement with the Chamber Serving Northern Pima County. SUMMARY: The item before you modifies the existing financial participation agreement between the Town and the Chamber. The modifications adjust the contract terms to the 2000 - 2001 Fiscal Year basis. The following individuals may be present this evening to answer any questions concerning the FPA the Council may have: Mr. Paul Willman, Chamber President Mr. John Bowers, Executive Director ATTACHMENTS: 1. Resolution No. (R) 00-70 Financial Participation Agreement with the Chamber Serving Northern Pima County. FISCAL IMPACT: Funding for the July 1, 2000 through June 30, 2001 FPA will be $ 25,000. RECOMMENDATION: Staff recommends approval of the Financial Participation Agreement with the Chamber. SUGGESTED MOTION: I move to approve Resolution No. (R) 00- 70 executing a Financial Participation Agreement between the Town of Oro Valley and the Chamber Serving Northern Pima County. iv 7 Jeffr, P. Weir, CED Eco omic Development Administrator -..L.z: - L-,todeut."----'- David L. Andrews Finance Director 4A/I Chuck Swe t Town Manager Resolution No. (R) 00.-70 TOWN OF ORO VALLEY FINANCIAL PARTICIPATION AGREEMENT THE CHAMBER SERVING NORTHERN PIMA COUNTY THIS AGREEMENT, made and entered into this 5th. day of July, 2000, by and between the Town of Oro Valley, a municipal corporation, hereinafter called the "Town" and The Chamber Serving Northern Pima County, an Arizona non-profit corporation hereinafter called "the Chamber." WITNESSETH WHEREAS, it has been determined that the activities of the Chamber are in the public interest, and are such as to improve and promote the public welfare of the Town; and WHEREAS, the Mayor and Council have determined that to financially participate in the promotion of the activities of the Chamber is a public purpose in that the activities confer direct benefit of a general character to a significant part of the public; and WHEREAS, the Town desires to promote a business environment in Oro Valley that enhances economic vitality and improves the quality of life for its citizenry; and WHEREAS, it is the intent of the Town, subject to the provisions of state budget law, to provide funding to the Chamber as set forth herein; and WHEREAS, the Town and the Chamber desire to establish a general framework for cooperative efforts, especially the general procedures by which the Chamber will assist and carry out residential relocation, tourism promotion, business retention and business recruitment; NOW, THEREFORE, in consideration of the foregoing, the parties do mutually agree as follows: ARTICLE 1 Section 1.1 Scope of Services to be Performed by the Chamber. A. Tourism and Visitors Services. 1. The Chamber will provide tourism and visitors services and information to Town residents and seasonal tourists and anyone indicating an interest in locating a residence in the Town. Services rendered may be in the form of telephone or webpage inquiries, requests for information by mail or walk-in customers. Services shall be rendered in a courteous and professional manner. 2. It is understood by the Town and the Chamber that the Metropolitan Tucson Convention and Visitors Bureau is the primary agency providing tourism enhancement services to the Town. It is the intent of this agreement for the Chamber to augment tourism and visitors services. B. Business Recruitment, Retention and Outreach. The Chamber's business is to this end and they will spearhead the implementation of a "Business Outreach Program" that will provide a number of opportunities to strengthen networks among area businesses and local government. The Chamber will initiate these contacts each month with area business owners. These meetings will take place on a regular basis and will address issues that affect local business, help establish relationships between local businesses and provide an outlet for topical discussions. C. The Chamber shall work to assist the Town in emphasizing the importance of supporting local retailers/businesses through educational and promotional efforts. D. Special Events Calendaring. The Chamber and the Town will work closely together and reciprocate timely and cooperative communications with each other regarding special events that promote the Town such as ribbon cutting/grand opening ceremonies for local Town businesses. The Chamber will be designated as the lead agency with regard to the ribbon cutting/grand opening ceremonies. The Chamber will maintain a Master Calendar to promote coordination and mitigate the possibility of calendaring conflicts for said special events. E. Annual Chamber membership dues to be paid by the Town shall be included as part of the monetary consideration of this agreement. Section 1.2 Responsibility for Open Records. The Chamber agrees to make open to the public all records relating to any funds directly received from the Town, Pima County and any other municipal / government funding sources that the Chamber distributes to other organizations or individuals. Section 1.3 Evaluation Criteria and Reporting. A. The Chamber agrees to submit to the Town, by the 10th working day after the close of the calendar quarter, reports addressing the progress of the Chamber in achieving its scope of services as outlined in Section 1.1 of this agreement. In order to assess the impact of the Chamber, the Town, through its designated representative, reserves the right to evaluate performance, and the Chamber will cooperate and use its best efforts to provide access to all pertinent information reasonably necessary to make evaluations. B. Progress reports shall address but are not limited to the number of inquiries for relocation, inquiries for tourism information, number of information packets sent pursuant to inquiries and, with regard to business recruitment and retention, the number of leads, prospects and site visits. Section 1.4 Accountability. A. The Chamber shall maintain a true and accurate accounting system which meets acceptable accounting practices of the accounting profession, and which is capable of properly accounting on a timely basis for all expenditures and receipts of the Chamber. 2 B. The Chamber shall implement an accounting system which will comply with the generally accepted auditing principles and with the provisions of the AICPA audit guide for nonprofit corporations. C. The Chamber shall provide the Finance Department of the Town, within three months after the close of the Chamber's fiscal year with: - An annual accounting, or - A copy of an outside audit of the Chamber for the time period approximating the period of the Town contract, together with any Chamber response to audit findings. At any time during, and up to a period of five (5) years after completion of this contract, the Finance Department of the Town or designated Town agent will be given access to the audit records of the Chamber for the Town's internal audits. Section 1.5 Term of Agreement. This Agreement between parties as described above shall be effective from July 1, 2000 through June 30, 2001. Section 1.6 Termination. This Agreement may be terminated at any time by mutual written consent, or by either party giving thirty (30) days written notice to the other party, or at such time, as in the opinion of the Town, the Chamber fails to perform its obligations. ARTICLE 2 FUNDING Section 2.1 Payment. A. It is the intent of the Town that the Chamber receives from the Town an amount of$25,000 for the period July 1, 2000 through June 30, 2001. Funding shall be paid in equal installments by the 20th day of the 7th month and the 10th day of the 1st, 4th, and 10th months of the contract upon receipt of a written request for P P q payment from the Chamber. B. Method of Payment. The Town may, as a result of subsequently discovered evidence, withhold whole or part of the scheduled payment as may be necessary because: - Services were not rendered. - The Chamber failed to supply information or reports after reasonable requests. - The Chamber is not in compliance with agreed upon disbursement documentation and/or other project performance. - Any deficiency in performance, as described above, shall be 3 outlined in detail to The Chamber at least thirty (30) days prior to the withholding of payments under the Agreement. The Chamber shall, within twenty (20) days of receipt of such correspondence, respond to the concerns outlined in the Town's correspondence. When the reasons for withholding payments have been corrected to the satisfaction of the Town, any amounts due shall be processed. C. The Chamber shall actively solicit memberships as well as financial participation by Pima County and other incorporated cities and towns who benefit from the services provided by the Chamber. ARTICLE 3 MISCELLANEOUS TERMS AND CONDITIONS Section 3.1 Hold Harmless and Insurance Provisions. A. Indemnification. The Chamber agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, individually and collectively, from any and all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature resulting from personal injury (including bodily injury and death) to any person, including employees of the Chamber or any subcontractor employed by the Chamber, or damages to any property or any other losses, claims, suits, demands, and/or expenses arising or alleged to have arisen out of this contract or the work to be performed hereunder, except any such injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of indemnity in this paragraph. B. Insurance. 1. The Chamber shall obtain insurance coverage of the types and amounts required in this section and keep such insurance coverage in force throughout the life of this Agreement. All policies will contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy. 2. The Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance policies will include the Town as an additional insured with respect to liability arising out of the performance of this Agreement. 3. The Chamber will provide and maintain minimum insurance limits as follows: 4 COVERAGE AFFORDED LIMITS OF LIABILITY Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000 - Bodily Injury Liability Insurance Combined Single Limit a. products and $100,000 Property Damage completed operations Section 3.2 Conflict of Interest. The Chamber agrees that the provisions of A.R.S. Title 38, Article 5, "Conflict of Interest of Officers and Employers", apply to all the transactions of the Chamber. Section 3.3 Purchasing. In purchasing contracts for goods and services, the Chamber agrees that it will implement and maintain policies and procedures that insure, wherever feasible or practical, that there will be announced, documented, competitive bidding for such contracts so that the potential effectiveness, as well as cost factors, are considered by the Chamber in the selection of said goods and services. Section 3.4 Independent Contractor. The parties stipulate and agree that Chamber is not an employee of the Town, and is performing its duties hereunder as an Independent Contractor, supplying its own employees, and maintaining its own insurance, workman's compensation insurance, and handling all of its own internal accounting. The Town in no way controls, directs or has any responsibility for the actions of the Chamber herein. Section 3.5 The Chamber shall further be responsible for compliance with the United States Immigration Reform and Control Act of 1986, the Americans with Disabilities Act, and shall indemnify and hold harmless the Town for any liability arising from failure of the Chamber to comply with said acts. Said indemnification to include the costs of suit. Section 3.6 Contract Amendments. By mutual consent of both the Town and the Chamber, this Agreement may be re-opened for renegotiation of and/or the addition/deletion of amendments. Any request for renegotiation shall be in writing, detailing the requested changes. A meeting to discuss the changes shall be held within 30 days of the receipt of the request. Any change to this Agreement will be approved by Mayor and Council and the Board of Directors of The Chamber. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. TOWN OF ORO VALLEY, a municipal corporation Mayor Paul H. Loomis Attest: Town Clerk Kathryn E. Cuvelier, Town Clerk THE CHAMBER: THE CHAMBER SERVING NORTHERN PIMA COUNTY Authorized Signature Witness to Chamber Signature: Approved as to form this day of , 2000: Town Attorney Dan Dudley, Town Attorney 6 .. i 5 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 5, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Consideration and Possible Approval of Resolution No. (R)00-71 Declaring the Town's Intention to Finance Additions and Extensions to the Town's Water and Fire Protection Systems; Declaring the Town's Policy with Respect to Financing Water Infrastructure Improvements for Future Development, Directing the Staff and the Town's Bond Counsel to Negotiate the Following Agreements: a Purchase Agreement for the Additions and Extensions; a Trust Agreement Pertaining to the Execution and Delivery of Pledged Revenue Obligations; a Continuing Disclosure Undertaking; an Obligation Purchase Agreement; and an Official Statement with Respect to the Sale of Pledged Revenue Obligations to be Paid Primarily From Water and Fire Flow Development Impact Fees to be Received by the Town in the Future; and Declaring an Emergency. SUMMARY: The cost of water system infrastructure that is related to residential and commercial development is paid by new development through Town collection of water system development impact fees. On April 5, these fees were increased by the Town Council via Ordinance No. (0)00-11. The new fee schedule will take effect on July 5, 2000. The basic connection fee is $1,774 per equivalent dwelling unit for a 5/8" meter. Fees are higher for larger meter sizes. Commercial and industrial users also pay a higher rate that may include the cost to provide additional fireflow protection. The new fees also include an interest and cost of financing component. The rate of growth and demand on the system has created the need for financing in-lieu of a cash"pay-as-you-go" funding mechanism. The financing approach will provide upfront funding and allow for better planning, improved cost effectiveness and a more reliable system. The resolution you have before you this evening is the first formal action to be taken by the Town Council in the debt issuance process. By way of this resolution, the Town is declaring its intent to finance water system improvements related to growth with impact fees. The resolution also authorizes staff to take the formal actions to get the financing process underway. If authorized to proceed, the Financing Team will return to the Council on approximately August 2, 2000 for final Council approval. The obligations would be sold the first or second week in August, depending on bond market conditions. COUNCIL COMMUNICATION TOWN OF ORO VALLEY PAGE 2 OF 2 Ile following individuals are members of the Financing Team: Town Staff Consultants Chuck Sweet, Town Manager Bryan Lundberg, Peacock, Hislop, Staley & Given. Underwriters David Andrews, Finance Director Jim Stricklin, Peacock, Hislop, Staley & Given. Underwriters Dan Dudley, Town Attorney Mark Reader. Peacock. Hislop, Staley & Given, Underwriters Jeff Weir, Economic Dev. Admin. Fred Rosenfeld, Gust Rosenfeld, Bond Counsel Alan Forrest, Water Utility Director Scott Ruby, Gust Rosenfeld, Bond Counsel Shirley Seng, Water Utility Admin. Mark Taylor, Westland Resources, Engineering Counsultants Brent Sinclair, Community Dev. Dir. A representative from the Town's bond counsel firm of Gust Rosenfeld will make a brief presentation with respect to the referenced documents and financing process. ATTACHMENTS: 1. Resolution No. (R)00- 71 2. Financing Timetable RECOMMENDATION: Approval of Resolution No. (R)00-71 SUGGESTED MOTION: I move to approve Resolution No. (R)OO-ii Declaring the Town's Intention to Finance Additions and Extensions to the Town's Water and Fire Protection Systems; Declaring the Town's Policy with Respect to Financing Water Infrastructure Improvements for Future Development, Directing the Staff and the Town's Bond Counsel to Negotiate the Following Agreements: a Purchase Agreement for the Additions and Extensions; a Trust Agreement Pertaining to the Execution and Delivery of Pledged Revenue Obligations; a Continuing Disclosure Undertaking; an Obligation Purchase Agreement; and an Official Statement with Respect to the Sale of Pledged Revenue Obligations to be Paid Primarily From Water and Fire Flow Development Impact Fees to be Received by the Town in the Future: and Declaring an Emergency. • or I move to . . . .4struk.,;. David L. Andrews Finance Director 04404...4,44.4e,11° Chuck Sweet Town Manager RESOLUTION NO. (R)OO-71 RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING ITS INTENTION TO FINANCE ADDITIONS AND EXTENSIONS TO THE TOWN'S WATER AND FIRE PROTECTION SYSTEMS; DECLARING THE TOWN'S POLICY WITH RESPECT TO FINANCING WATER INFRASTRUCTURE IMPROVEMENTS FOR FUTURE DEVELOPMENT, DIRECTING THE STAFF AND THE TOWN'S BOND COUNSEL TO NEGOTIATE THE FOLLOWING AGREEMENTS: A PURCHASE AGREEMENT FOR THE ADDITIONS AND EXTENSIONS; A TRUST AGREEMENT PERTAINING TO THE EXECUTION AND DELIVERY OF PLEDGED REVENUE OBLIGATIONS; A CONTINUING DISCLOSURE UNDERTAKING; AN OBLIGATION PURCHASE AGREEMENT; AND AN OFFICIAL STATEMENT WITH RESPECT TO THE SALE OF PLEDGED REVENUE OBLIGATIONS TO BE PAID PRIMARILY FROM WATER AND FIRE FLOW DEVELOPMENT IMPACT FEES TO BE RECEIVED BY THE TOWN IN THE FUTURE; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Oro Valley, Arizona (the "Town"), desires to finance various capital improvements related to production, storage, distribution and sale of water through the Town's water system and fire flow protection systems, as more particularly described in Exhibit A attached hereto (the "Project") through the execution and delivery of not to exceed $7,000,000, Town of Oro Valley, Arizona Pledged Revenue Obligations, Series 2000 (the Series 2000 Obligations"); and WHEREAS, it is the intention of the Mayor and Council of the Town that the Project be financed primarily from Water Development Impact Fees (as hereinafter defined) to be received in the future as parcels of land within the Town's water system service area develop and as Water Development Impact Fees (as hereinafter defined) are received by the Town; and WHEREAS, the Town will negotiate with Peacock, Hislop, Staley & Given, Inc. (the "Underwriter") for the sale of the Series 2000 Obligations; and WHEREAS, to induce the Underwriter to purchase the Series 2000 Obligations, and to induce persons from time to time to buy the Series 2000 Obligations from the Underwriter, the Town shall also agree that, subject to being placed in the Town's annual budget for future years, to pledge the net revenues of the Town's water system to cover any shortfalls caused by any delay in expected development and thus delays in the receipt of Water Development Impact Fees; and WHEREAS, the staff, and the Town's Bond Counsel will be authorized and directed by this Resolution to enter into negotiations with the Underwriter leading to the Underwriter's purchase of the Series 2000 Obligations; and WHEREAS, it will be necessary for the staff, Bond Counsel and the Underwriter to return to this Mayor and Council at a later meeting with the final draft version of documents which memorialize the transaction and include, but are not limited to: FHR:rwr 352121.03 6/20/00 1. A Purchase Agreement. 2. A Trust Agreement. 3. An Obligation Purchase Agreement. 4. A Continuing Disclosure Undertaking. 5. A Preliminary Official Statement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA, THAT: Section 1. It is hereby found and determined that the financing of the Project as described on Exhibit A attached hereto through a multiple year Purchase Agreement primarily secured by a pledge of Water Development Impact Fees is in the best interest of and in furtherance of the purposes of the Town and in the public interest. Section 2. For all purposes of this Resolution the term "Water Development Impact Fees" shall mean all water development impact fees, turf irrigation impact fees and fire flow development impact fees and all other water related development impact fees, now or hereafter charged and collected by the Town. Section 3. The Mayor and Council declare the policy of the Town to be that those seeking to develop or redevelop areas or parcels within the Town's water service area should pay for the water infrastructure and fire flow improvements necessary to service such developments. The Mayor and Council further determine that a systematic development of water and fire flow improvements in advance of their actual need will be the most efficient, cost effective method of providing for the Town's future water and fire protection needs; and that financing the Project can be made by the Town entering into a multiple year Purchase Agreement for acquisition of the Project wherein the Town will anticipate and pledge its Water Development Impact Fees to the payment due thereunder. Section 4. In order to construct the Project the Town will enter into a Purchase Agreement wherein the trustee will agree to cause the Series 2000 Obligations to be executed and delivered and use the proceeds to cause the Project to be constructed and the Town will agree to purchase the Project from the trustee. The trustee and the Town will enter into a Trust Agreement which authorizes the trustee to execute and deliver the Series 2000 Obligations and the trustee will cause the Series 2000 Obligations to be executed and delivered and the proceeds to be applied to construction of the Project. The Series 2000 Obligations will evidence the owners' proportionate interests in the Purchase Agreement and the payments to be made by the Town under the Purchase Agreement. The Series 2000 Obligations will be administered by the trustee and Water Development Impact Fees will be pledged to pay the principal, interest, and premium, if any, on the Purchase Agreement. Section 5. The Town's Finance Director is authorized and directed to negotiate with banking institutions within or without this state qualified to act as a trustee under the Purchase Agreement and the Trust Agreement to serve as trustee under the Trust Agreement. -2- FHR:rwr 352121.03 6/20/00 Section 6. The staff, and Bond Counsel shall include in the Purchase Agreement: 1. a covenant and agreement that the Town will not lower or otherwise change the Water Development Impact Fees in any manner adverse to the rights of the owners from time to time of the Series 2000 Obligations; 2. a payoff schedule for the Series 2000 Obligations commensurate with the expected receipts from Water Development Impact Fees (the "payoff schedule") and a covenant and agreement which will require the Town to retain an engineering firm to perform periodic studies of the level of the Water Development Impact Fees and recommend increases or changes necessary to bring the Water Development Impact Fees up to the level necessary to meet the payoff schedule; and the Town shall hold such hearings and take such actions as it determines necessary upon receipt of such report; 3. a covenant to take such action as may be necessary to budget and approve an amount to be paid from the revenues of the Town's water system to cover any shortfall if the Water Development Impact Fees are projected to be insufficient to meet the payoff schedule; 4. a provision that the Purchase Agreement may be terminated and the trustee may retake possession of, operate, sell or lease all or part of the Project if any of such covenants or agreements are violated or the Town fails to timely pay the Purchase Agreement; and 5. a provision prohibiting the Town's use of the Water Development Impact Fees for any other purpose or granting any prior or co-equal pledge of the Water Development Impact Fees so long as the Series 2000 Obligations are outstanding. Section 7. If the Town makes a cash contribution towards the construction of the Project because the anticipated receipts of Water Development Impact Fees will not support the sale of a sufficient amount of Series 2000 obligations to provide the full amount necessary to pay all costs and expenses of the Project, including, all costs and expenses of the issuance of the Series 2000 Obligations, then the Town's contribution plus interest on the unpaid balance thereof the rate of at least percent ( %) per annum shall be repaid to the Town from Water Development Impact Fees . The Trust Agreement and the Purchase Agreement shall provide for additional payments of Water Development Impact Fees to secure the repayment of the Towns contribution which shall be returned to the Town for deposit to the General Fund when all no obligations secured by Water Development Impact Fees are outstanding. Section 8. All officers, employees, agents, attorneys of the Town, Gust Rosenfeld P.L.C., Bond Counsel, are hereby authorized and directed to take all actions and do all things necessary to carry out the terms and intent of this Resolution leading to the negotiation of final terms for the "Purchase Agreement, Trust Agreement, Obligation Purchase Agreement, Continuing Disclosure Undertaking and Preliminary and Final Official Statement" with respect to the Series 2000 Obligations. Section 9. If any section, paragraph, clause or phrase of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such -3- FHR:rwr 352121.03 6/20/00 section, paragraph, clause or phrase shall not affect any of the remaining provisions of this Resolution. Section 10. All orders, resolutions and ordinances or parts thereof inconsistent herewith are hereby waived to the extent only of such inconsistency. This waiver shall not be construed as reviving any order, resolution or ordinance or any part thereof. Section 11. The immediate operation of the provisions hereof is necessary for the preservation of the public peace, health and safety and an emergency is hereby declared to exist and this Resolution shall be in full force and effect from and after its passage by the Mayor and Council and it is hereby exempt from the referendum provisions of the Constitution. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, on July 5, 2000. Mayor ATTEST: Clerk APPROVED AS TO FORM: Bond Counsel %ow -4- FHR:rwr 352121.03 6/20/00 EXHIBIT A DESCRIPTION OF THE PROJECT EXPANSION RELATED IMPROVEMENTS Project No. Project Name Zone Category Total ($) Wells 1 New Well E 1 Expansion 437,500 $437,500 1Sub-Total Reservoirs 2 WP #4 0.6 MG Reservoir D Expansion 525,000 1 Sub-Total $525,000 Boosters 3 WP #1. D Zone Booster D Expansion 343,750 4 WP #4 Booster F Expansion 343,750 5 WP #14 H Zone Booster H Expansion 343,750 6 WP #14 I Zone Booster I Expansion 343,750 1 Sub-Total $1,375,000 Mains 7 12-inch Steampump C Expansion 127,500 8 16-inch South C Zone C Expansion 1,113,750 9 12-inch Steampump D Expansion 72,500 10 12-inch Oracle Crossing D Expansion 156,250 11 12-inch CDO Wash Crossing D Expansion 125,000 12 12-inch CDO to WP#1 D Expansion 200,000 13 16-inch WP#1 to WP#4 D Expansion 398,750 14 12-inch El Con Main D Expansion 340,000 15 12-inch Well Feed E Expansion 167,500 16 16-inch Oracle Main (20%) F Expansion 300,000 17 12-inch Moore Road Interconnect F Expansion 470,000 1 Sub-Total $3,471,250 TOTAL $5,808,750 A-1 FHR:rwr 352121.03 6/20/00 TOWN OF ORO VALLEY, ARIZONA WATER DEVELOPMENT IMPACT FEE AND SUBORDINATE LIEN WATER SYSTEM REVENUE OBLIGATIONS, SERIES 2000 April 2000 Tentative Financing Timetable ::::„:''i +} M (negotiated sale) r f>} W O� . F } } C �,.. Responsible } 3 x2f : 5 fA. 7 -`aDate Event Party(ies) . 10 , 12 `a.. 14 g '' ' � x{ SQfSa+ February 2nd Council adopted Notice of Intention to increase the Town's water TOWN .:, 17 s 19 O; 21 - { ;z• ';>, development impact fee and set the public hearing date. �-�: 26 . 28 �.} K f ;I _ !,, April 5Public Hearing held by council to consider adopting the increased ALL water development impact fee. Assumed rate increases PARTIES adopted effective in 90 days. May 2000 2 :,< M t',111 W ..', F : Week of Initial set of draft legal documents distributed to the Financing GR 3 x 5 }� June 12th Team. }Lt:\, S 8 10 \� 12 x` w Week of First draft of the Preliminary Official Statement("POS")distributed to PH ,� 15 $,if 17 , 19 a1{> June 12th the Financing Team members. ,µ � a a •)2 22 til 24i:41., 26 �Ati, v .- June 16thDeadline for providingthe Clerks Office with a list of items to be placed on GR / a� 29E� �� 31 � 0 4 ��;. � r, f;\ the agenda. ! •x,53}. June 20th Deadline for receipt of packet materials by the Manager's office. GR June 2000 Week of Documents review session. M W r"} !';' F :::4,4 June 26th `. >s}` �; 2 Week of Second draft of POS delivered to the Financing Team for review PH A# ;i5 9 i 3rd and comment. r 5 � 7 July 23 A4,,,.,t.." <a1 Week of Due diligence conference scheduled to thoroughly review POS disclosure. TEAM VC! 21_ z >��,;�.19 � July 3rd -. `t: 26 t2 28 .-- 30 ;`} ff `° } 1, July 5th Water Development Impact Fee increase goes into effect. TOWN , a!,$ Y July 5th Town Council adopts a preliminary resolution authorizing the Financing TEAM July 2000 Team to proceed with the sale of obligations,including assemblage and >, preparation of the("POS")and related documents and authorizing a „> , �C .AMi2 ULU! Peacock Hislop to underwrite the obligations. it;:,,,,..F ;�} r ,,, 3 J„.,fl ;: •a� 7 a 4 Week of Finalize POS in substantial forme TEAM F:::1).,:, July 10th 10 ��i� 12 4:i.6, 14 r'> 17 , 19 Aii 21 July 14`h Deadline for providing the Clerk's Office with a list of items to be placed on GR IA rr s . sl ��:<a K�� 24 { . 26 `4f�: 28 � \ the agenda. t',),-,w ,f a 4S j ',.-Tei. 31 ,, g:',,:,:;:.. ,' .,e 1 ,Yn July 18th Deadline for receipt of packet materials by the Manager's office. GR August 2nd Town Council adopts a resolution authorizing the issuance of obligations and TOWN August 2000 granting the authority to the Town Manager and Finance Director to .: {z; finalize the terms and conditions of the sale. \ z x` AT$34 .f.4!,. 4 !.::,i.4474Week of Obligations are priced through negotiation. City officials may elect PH 7 9ri''' 11 August 7th to observe bond pricing at Peacock Hislop offices. Purchase :,,,e.; `.: 14 x 16 ; TOWN OF ORO VALLEY 6 COUNCIL COMMUNICATION MEETING DATE: July 5,2000 TO: HONORABLE MAYOR & COUNCIL FROM: Melissa Shaw, AICP, Planner II SUBJECT: CONTINUED PUBLIC HEARING: ORDINANCE (0)00-21 ,OV9-99-115 LINDA VISTA/ORACLE ROAD REZONING - REQUEST TO REZONE 14.3 ACRES FROM R1-144 TO C-N OWNERSHIP: Miller L.L.C. 1880 E. River Rd. #120 Tucson, AZ 85718 AGENT: The Planning Center 110 S. Church St., Suite 1260 Tucson, AZ 85701 PETITIONER'S PROPOSED USE AND STATED REASON FOR THE REQUEST: The applicant's representative has stated that the project will be a professional center, constructed in three phases, including uses such as offices, a restaurant and retail/service uses. Eventually, the owner intends to plat the property and sell individual building pads. BACKGROUND AND SITE DESCRIPTION: This item was continued from the June 21St Counil hearing at the request of the applicant. The applicant proposes to develop the 14.3-acre property into 10 building pads with a total of 133,965 square feet of commercial space. The property is located on the northwest corner of Oracle Road and Linda Vista Boulevard. It is bounded on the north side by Desert Sky Road and by the Villa Balboa subdivision on the west. Currently, the property is undisturbed natural desert, with the exception of informal trails traversing the site. The topography of the site is relatively flat, with an average cross slope of approximately 3.5%. Minor drainages flow across the site, none with a discharge greater than 37 cfs. Vegetation on site is the Palo-Verde- Cacti-Mixed scrub series of the Arizona Upland division of the Sonoran Desert. Palo verde, mesquite, acacia, prickly pear, cholla and barrel cacti are found throughout. SURROUNDING LAND USES/GENERAL CHARACTER: North: Desert Sky and R-6 residential zoning—apartments East: Oracle Road and C-1 commercial zoning - vacant South: Linda Vista Blvd. and R1-144 residential zoning—vacant West: R-4 residential zoning—Villa Balboa subdivision TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 7 PREVIOUS REZONING CASES ON PROPERTY: There have been no previous rezoning cases for this property. PREVIOUS REZONING CASES IN GENERAL AREA: A rezoning 1/4 mile from this site on a parcel located on the southwest corner of Linda Vista Boulevard and Egleston Drive was recently approved. That rezoning was a change from R1-144 to R1-36 and R1-7. NOTIFICATION: The property was posted and the public hearing noticed in accordance with State statutes. All property owners within 600' of the property were notified of the rezoning and the Planning and Zoning Commission public hearing. A number of neighboring residents spoke in favor of the proposed rezoning at the Commission hearing, however staff has received no additional comment since that time or in response to the notice for Council public hearing. Neighborhood meetings were held early in the review process, and as a result of those meetings the applicant withdrew plans for a gas station and other convenience uses on the site. A condition is included that restricts the convenience uses on this site. GENERAL PLAN CONFORMANCE Staff has evaluated the Oracle Rbad/Linda Vista rezoning proposal against the General Plan Land Use Plan and Policies, and finds that overall, the proposal conforms to the General Plan policies, with specific exceptions noted below. Land Use: The General Plan land use map designates this property as Neighborhood Commercial. As stated in the General Plan, neighborhood commercial "denotes commercial areas located at the intersections of arterial roadways or along Oracle Road with proximity to residential areas....uses such as grocery stores and drugstores tend to serve the surrounding neighborhoods and are integrated into those neighborhoods". The Plan also states that this designation includes uses allowed in the Town zoning category also called Neighborhood Commercial (C-N). Professional offices and restaurants are permitted in the C-N zoning district. The proposed uses for neighborhood commercial are in conformance with the General Plan designation. Circulation/Transportation: In this element, the "safe, convenient and efficient vehicular circulation..." is emphasized by Goal 2.1. The Arizona Department of Transportation (ADOT) and Town staff have reviewed traffic impacts, and the tentative development plan (TDP) reflects ADOT's comments. The applicant has designated a 30' right of way on Linda Vista Boulevard for a new deceleration and multi-use lane. Other policy considerations are: • Policy 2.1D, to "build sidewalks...and provide other specific provisions for safe and convenient use...by bicyclists and pedestrians", and Policy 2.3C states "collector roads should include sidewalks". A pedestrian pathway/sidewalk has been illustrated around three sides of the property. This pathway will connect with a pedestrian pathway in Villa Balboa along Linda Vista Boulevard, forming a loop and ensuring safe and TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 7 convenient pedestrian circulation. This sidewalk should be designed to meet Americans with Disabilities Act (ADA) standards and a pedestrian access easement provided. Economic Development: This element focuses on ensuring long-term financial and economic sustainability for the Town, and policy 3.1D states that a "diverse economic base is desired". Policy 3.1J encourages employment-related uses, such as offices, to provide work for the growing community. The proposed office development provides potential employment for residents in the adjacent apartments and subdivisions, while the restaurant use adds diversity. Public Facilities and Services: Public Facilities and Services: Policy 5.1D states that the development should "ensure that municipal services and facilities are or can be provided efficiently and cost-effectively prior to development occurring". Public water service significantly impacts the proposed development, as the Oro Valley Potable Water System Master Plan shows that there is currently inadequate water service to this site. Planning staff, the Water Utility staff and applicant have met regarding the water infrastructure. The issues are: • There is currently no water service to this site. Extension of approximately 3400 LF of 12' water main will need to be constructed on the east side of Oracle road, and then west under Oracle, in order to provide water service to this site. • The Oro Valley Potable Water System Master Plan identifies infrastructure improvements that will provide water service to this site. These specific improvements are included in the utility's 5 year CIP. At the time of this writing, it had not been specified when in the future the improvements are planned to be constructed. • The applicant is proposing to pay for and construct the water infrastructure to satisfy the standard condition of rezoning that building commences within 2 years of zoning approval. The applicant has been informed that they may construct the water line to provide service to this site, and thus satisfy the standard condition of rezoning that building commence within two years. If the applicant constructs the infrastructure, staff recommends that it be conducted through the public bid process, so that if in the future repayment occurs, the construction cost may be reimbursed with public funds. A condition is included to require a development agreement for water infrastructure. Parks, Open Space and Recreation: The Eastern Pima County Trail.System Master Plan designates a foot and horse trail along Linda Vista Boulevard. Currently, the "trail" consists of an informal path in the right of way. • As the Town has formally adopted the County Plan, an improvement to this trail would support General Plan Goal 6.1 "to develop a comprehensive and connected parks, open space and trails system". The TDP shows this trail section within the new dedicated right of way. • Policy 6.2B states that "open space preservation shall be used as a criterion in deciding the approval or denial of land use rezoning proposals". This proposal provides a 40' wide bufferyard adjacent to the Villa Balboa subdivision that will preserve much of the existing vegetation (this is not a natural area because landscaped retention structures will be included as well). Riparian habitat does not exist on this site. Natural Resource Conservation: The goal of this policy is to protect the Planning Area's natural attributes. Policy 8.1G states that "indigenous (native desert) vegetation and riparian habitats should be maintained and enhanced where possible". The applicant has provided a bufferyard that will preserve some natural vegetation. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 7 This is discussed in further detail under vegetation impacts in the Site Analysis Review section. Cultural and Historic Resources: Policy 10.2A requires "cultural resource surveys for all new developments where evidence of cultural/archaeological resources is found". The Arizona State Museum Public Archaeologist stated that "the 14 acres has not been examined for historic or prehistoric sites" and recommended that the parcel be "examined for sites". An archaeology survey was conducted and the results are included in the applicant's Site Analysis report. The report states that "development of the inspected corridor is unlikely to have any effect on significant cultural resources". SITE ANALYSIS REVIEW AND DISCUSSION OF LAND USE PROPOSAL: Project Overview: The developer has requested C-N zoning in order to develop a total of 133,965 square feet of office space in 10 buildings. Tentative Development Plan: The tentative development plan (TDP) submitted for the site is in general conformance with the requirements of the Oracle Road Scenic Corridor Overlay District (ORSCOD), and the property development standards of the C-N zoning district and other requirements of the OVZCR. The maximum building height for the project will be 18', in compliance with the Oracle Road Scenic Corridor Overlay District. Engineering concerns regarding the TDP include the following: di Include the following details on the TDP: Linda Vista Blvd. widened to the west property line, showing the deceleration lane, multi-use lane, horse trail and sidewalk. • Correct the corresponding statement in the site analysis. • Conditions requiring soils and drainage reports, and final ADOT approval of a traffic impact analysis report have also been added by Engineering Staff. Topography Impacts: The site is relatively flat, with an average cross slope less than 5%. The applicant's proposal will impact the small drainages, the most densely vegetated area. In addition to the impact on drainages, staff has concerns regarding preservation of significant vegetation on-site, addressed below. Vegetation Impacts: General Plan Policy 8.1 G states that "indigenous (native desert) vegetation and riparian habitats should be maintained and enhanced where possible". The Oro Valley Design Guidelines recommend that "natural features (drainage corridors, vegetation, habitat, etc.) should be preserved" and the projects be designed to "preserve washes and substantial vegetation stands". Preservation of these areas is also supported by the Arizona Game and Fish Department recommendations for planning of this site, as described in the Endangered Species Act Impact section below. The site analysis states that "none of the existing vegetation possesses any extraordinary aesthetic or erosion- control value". However, a site inspection showed large, mature mesquite and palo verde trees on the site that will be deemed as significant vegetation under both the new Native Plant Preservation, Salvage, and Mitigation Ordinance (NPPSMO) and Oracle Road Scenic Corridor Overlay District (ORSCOD). As provided in the NPPSMO, significant plants will be required to be preserved or mitigated at a much higher replacement ratio. The applicant has made adjustments to the TDP in that the bufferyard adjacent to Villa Balboa will accommodate the existing trees in-place. Staff also recommends that the large native trees along Oracle Road, , TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 5 of 7 and in the interior parking island locations, be preserved in place. Vegetation is particularly dense surrounding the largest drainage on site, and although there are no riparian habitats on site identified by the Riparian Habitat map, this area provides wildlife habitat. Wildlife and Endangered Species Act Impacts: The site analysis document provided by the applicant states that there are no significant wildlife concerns on the site, and that there are no high densities and no unusually high diversity of species. However, a letter from the Arizona Game & Fish Department lists special status species known to occur in the area, and means of mitigating impacts through landscape design and site planning, as listed below: • Maximize the amount of interconnected open space within the development • Utilize native plant species for all on-site vegetation and revegetation • Employ revegetation schemes that re-establish and maintain vertical diversity (ground cover, shrub layer, and canopy layer) with native plant species • Retain in place of salvage mature woody vegetation including saguaros and ironwoods (mature adults as well as immatures) • Maintain the vegetative and hydrological integrity of all washes, especially those that Pima County's 1986 Map of Critical and Sensitive Wildlife Habitats identifies as Class I or Class II Riparian Habitats. Staff concurs with the Arizona Game & Fish Department methods, and recommends preservation of significant egetation. Procedural statements have been added to the TDP requiring Game and Fish protocol for handling cactus ferruginous pygmy-owl, the Sonoran desert tortoise, active raptor nests and bat roosts. Additionally, the applicant has stated in the site analysis document that they have performed surveys for the cactus ferruginous pygmy-owl. Recreation and Trails Impacts: As noted above, a trail identified by the Eastern Pima County Trails Master Plan as a horse and foot trail is adjacent to this site along Linda Vista Boulevard. This trail is included in the 30' right-of-way to be dedicated along Linda Vista Boulevard. Provision of the trail will meet the intent of the Trails Master Plan. The trail location and a notation that this improvement will be made are shown on the TDP. The right of way will include a 12' deceleration lane, and a paved multi-use lane. As noted in the Circulation/Transportation section above, staff also recommends provision of 4' concrete sidewalks along the right of way on Linda Vista and Desert Sky, and on the property along Oracle Road. ADOT will not permit sidewalks in the right of way, and sidewalks have been provided on private property along Oracle Road with other developments. The sidewalks should connect to the Villa Balboa trail. Buffer Plan and Viewshed Impacts: The applicant's proposal is in conformance with ORSCOD requirements. The maximum building height for the proposed development will be 18'. The elevation of this site is somewhat higher than the adjacent residential development, and views from Villa Balboa will be impacted, although the 18' height limit mitigates view impact. Views impacted from Oracle Road will be minimal, however, a viewshed analysis in compliance with the ORSCOD will be required during the development plan stage. Landscape buffers in accordance with the OVZCR have been provided on the west, north and south sides. In addition, the ORSCOD requires a minimum 30' landscape buffer along Oracle Road. However, where there is TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 6 of 7 significant vegetation, no clearing may be permitted within 100' of the right of way, unless otherwise approved by the DRB. Significant vegetation exists along Oracle Road, which is indicated on the TDP. A condition is included to address preservation of significant vegetation. Traffic Impacts: The Engineer's conditions indicate that final ADOT approval of the traffic impact report, improvements to Oracle Road and the access points are required. The applicant has complied with ADOT's request for access design. Sewer Impacts: The site will be served by Pima County Wastewater. Communication from Pima County Development Services indicates that new development may connect to the existing 8" service lines in either Desert Sky or Linda Vista Boulevard, and that capacity exists to service this site. School Impacts: The proposed project will not generate new students to the school system. Canyon del Oro High School is within one mile of the site, and Linda Vista Boulevard will be a main access point to a student parking lot. Traffic calming measures may be required on Linda Vista Boulevard in the future. Water Impacts: The Oro Valley Water Department will serve the project. As stated earlier under Public Facilities and Services section of this report, there is no water service to this site. A condition is included in Exhibit A to require a development agreement with the applicant. 'LANNING & ZONING COMMISSION ACTION: At its May 2°d, 2000 meeting, the Planning & Zoning Commission voted 7-0 to recommend approval of this item, with the conditions attached in Exhibit "A". An excerpt of the minutes from the Commission hearing is attached. RECOMMENDATIONS: Staff recommends approval of OV9-99-115, the Linda Vista/Oracle Road Rezoning from R1-144 to C-N with the conditions listed in Exhibit"A". SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to approve Ordinance (0)00- 21 , OV9-99-115, Linda Vista/Oracle Road Rezoning from R1-144 to C-N, effective on the date of satisfaction of those conditions listed in Exhibit "A" attached herewith. OR I move to approve Ordinance (0)0021 , OV9-99-115, Linda Vista/Oracle Road Rezoning from R1-144 to C-N, effective on the date of satisfaction of those conditions listed in Exhibit "A" attached herewith and the following added conditions: OR TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 7 of 7 I move to deny Ordinance (0)0021 , OV9-99-115, Linda Vista/Oracle Road Rezoning from R1-144 to C-N, finding that: . ATTACHMENTS: 1. Ordinance (0)00- 21 . 2. Exhibit"A"—Conditions for Approval& Standard Rezoning Conditions 3. Exhibit"B"—Location Map 4. Minutes from 5-2-2000 Planning and Zoning Commission hearing 5. Site Analysis and Tentative Development Plan(provided with the 6-21-2000 Council Communication). Plann ,: % Zoning Administrator Community Development Director jr r Town Manager F:\OV\OV9\1999\9-99-115\Rezone TC RPT July 5.doc ORDINANCE NO. (0)00-?1 . AN ORDINANCE AMENDING THE TOWN OF ORO VALLEY ZONING MAP BY CONDITIONALLY REZONING THAT PROPERTY KNOWN AS LINDA VISTA BOULEVARD/ORACLE ROAD, A PORTION OF SECTION 13, TOWNSHIP 12 SOUTH, RANGE 13 EAST DESCRIBED HEREIN, WHICH WAS PREVIOUSLY ZONED ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) TO ORO VALLEY C-N (NEIGHBORHOOD COMMERCIAL), AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, that certain real property known as Linda Vista Boulevard/Oracle Road, approximately 14.3 acres in size, and further described by map in Exhibit "B" attached herewith, is currently zoned R1-144 in the Town of Oro Valley; and WHEREAS, an application requesting that the property be rezoned to Oro Valley C-N has been filed with the Town; and WHEREAS, the Planning and Zoning Commission, having considered said application and request at a duly noticed public hearing, in accordance with State Statute, and having made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has considered the requested rezoning at a duly noticed public hearing and finds that it is consistent with the Town's General Plan and Ordinances, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1: That certain real property, known as Linda Vista Boulevard/Oracle Road, and further described by map in Exhibit "B" attached herewith, is hereby conditionally rezoned to C-N (Neighborhood Commercial) subject to those conditions, stipulations, plan for development and all other conditions of approval established in Exhibit "A", "Conditions for Approval of OV9-99-115, Rezoning Request for Linda Vista Boulevard/Oracle Road From R1-144 to C-N". SECTION 2: That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 3: That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona,this 5th day of July, 2000. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley,Town Attorney F:\OV\OV9\1999\9-99-115\TCRZ ORDINANCE.doc • EXHIBIT "A" SPECIAL CONDITIONS OF APPROVAL OV9-99-115 REZONING REQUEST FOR LINDA VISTA/ORACLE ROAD R1-144 TO C-N 1. All Standard Conditions for Non-PAD rezonings shall be imposed(attached). 2. The rezoning provided herein shall not be effective until such time as the owner and the Town enter into a Development Agreement(outlining water infrastructure improvements). The Development Agreement shall be approved by the Town Council and become effective as a matter of law. 3. All square footage references on Page 47 of the site analysis shall match those on the TDP. 4. The property owner, or their successors, shall comply with all Arizona Game and Fish regulations regarding the desert tortoise and the cactus ferruginous pygmy owl. A valid pygmy owl survey will be required at the time a Development Plan is submitted. 5. The tentative development plan shall be modified during the development plan process to preserve all saguaros and significant vegetation in-place, both in the landscape bufferyards and within the development site. This may be accomplished through changes in the layout and location of parking islands and/or modification of building location. 6. Native vegetation and understory shall be used in the landscape and bufferyard plan. 1. The developer shall be responsible for all on-site and off-site improvements associated with the development of this property. 8. The sidewalk on the north, east and south sides of the site shall be designed to meet ADA standards, and a pedestrian access easement provided. 9. The development shall dedicate 30' right of way to the Town for Linda Vista Boulevard. This shall include improvements for a multi-use land and horse trail, as noted on the TDP. 10. The development shall improve both Linda Vista Blvd. and Desert Sky to accommodate the traffic generated from this development. 11. Page 58 top paragraph,this shall be changed that Linda Vista will be widened to the west property line. 12. The soils report that shall be prepared for the development plan must contain foundation design recommendations, and slope stability and treatment recommendations. 13. A drainage report shall be prepared for the development plan of this project. The development shall provide detention for the difference between pre&post development runoff. 14. ADOT approval of the traffic impact report shall be submitted prior to the project being scheduled for DRB. • 15. ADOT approval of the improvements to Oracle Road and the access points on Oracle Road shall be submitted prior to the approval of the improvement plans for this project. 16. The developer will be required to submit a permit application for the use of ADOT right-of-way for the proposed land use. It will be the responsibility of the developer to meet any requirements for improvements within ADOT right-of-way as a result of the development. 17. Item K on page 41 and 0 on page 60 of the site analysis shall be revised to reflect the current understanding of the water issues associated with this property. 18. The procedural recommendations from the archaeological study report shall be added as a note to the TDP. 19. Exterior lighting shall be designed with low-pressure sodium fixtures and the poles shall be no higher than 18'. 20. All buildings shall be limited to one story, 18' in height, in order to minimize the impact on views. 21. All building and site signage shall be consistent in design and color. All signage must be uniform in copper patina color. 22. There shall be no convenience uses,as defined in the Oro Valley Zoning Code Revised,permitted on this site. 23. All connections to the public sewer system shall be at the location and in the manner specified by Wastewater Management at the time of review of the development plan. 24. The following changes shall be made to the site analysis document, and a corrected file copy submitted to the Planning and Zoning Administrator: • Existing land use map on page 4 shall identify the apartments on Desert Sky. • The description of vegetation communities on page 12 shall be corrected to note the significant vegetation on site. • The viewshed statement on page 21 shall be corrected to note that views from the properties to the west will be affected by the development. • The McHarg composite map on page 46 shall be revised to include the areas of significant vegetation. • The statement regarding bicycle and pedestrian pathways on page 58 shall be expanded to describe the trail connections to the Linda Vista horse trail, to the Villa Balboa subdivision pathway, and the sidewalk system surrounding the property. ORO VALLEY PLANNING AND ZONING DEPARTMENT STANDARD CONDITIONS FOR NON-P.A.D. REZONINGS 1. Completion of the following requirements for a rezoning ordinance within the time frame specified herein from the date of approval by the Town Council: 2. Submittal of a complete hydraulic and hydrologic drainage report. 3. Approval of a development plan and/or recordation of a final plat as determined necessary by the appropriate Town Departments. 4. A suitable arrangement with Pima County Health Department or Pima County Wastewater Management for sewage disposal. 5. Recording a covenant holding the Town of Oro Valley harmless in the event of flooding. 6. Provision of development-related assurances as required by the appropriate Town departments. 7. Recording a covenant to remove only that vegetation that is necessary for building pads and accessory uses and the necessary roads and driveways and to salvage all healthy Palo Verde, Mesquite, Ironwood, Saguaros and Barrel Cacti for on-site landscaping purposes. 8. Recording any other development-related covenants as determined necessary by the appropriate Town departments. 9. Roads shall be constructed in conformance with the Town of Oro Valley standards. 10. Landscaping to consist of low water use and low pollen-producing vegetation. 11. Adherence to the Tentative Development Plan and associated conditions approved by the Oro Valley Town Council. 12. Significant change to the tentative development plan or conditions of rezoning, as defined by Sec. 3-104B, shall require re-review by the Planning Commission and Town Council in accordance with Chapter 3 of the Oro Valley Zoning Code Revised. 13. The relocation and/or extension of utilities pursuant to the development or redevelopment of the subject parcel will be at no cost to the Town of Oro Valley. 14. Dedication of public rights-of-way through plat recordation in accordance with current Town ordinances. 15. Posting Development Opportunity Assessments (DOAs) in an approved form as determined necessary by the appropriate Town departments. 16. Submittal of a traffic impact analysis in accordance with Sec. 9-110N, unless modified by the Town Engineer and Zoning Administrator. 17. Completion of the requirements for a zoning ordinance within 2 years from the date of approval by Town Council,which shall include approval of a development plan for the project, issuance of a building permit for at least one structure on the site, and commencement of construction on that structure. If these requirements are not met, the C-N zoning on this parcel shall expire, without further legislative action, and said zoning shall revert to its former R1-144. 18. All conditions which require revisions to the tentative development plan and/or site analysis must be completed within 30 days of the rezoning approval and copies submitted to the Planning and Zoning Administrator for the file. Rev. 11-29-89 2-21-89 1-31-90 3-28-90 4-16-90 5-13-94 Adopted by Mayor and Council Resolution No. (R)90-21 May 2, 1990 \\OV PZD\PZI\OV\0V9\1999\9-99-115\TC EXHIBIT A.doc • ORACLE ROAD/ LINDA VISTA BOULEVARD REZONING Prepared for: Oro Valley Community Development Department 11,000 N. La Canada Dr. Oro Valley, AZ 85737 Project applicani: The Planning Center 110 S. Church St. Suite 1260 Tucson, Arizona 85701 Property Owner: Miller L.L.C. LA 1880 E. River Rd. #120 Tucson, AZ 85718 1 Prepared by: The Planning Center -I 110 S. Church St. Suite 1260 Tucson, Arizona 85701 Ph. (520) 623-6146 Fax (520) 622-1950 ..1 (1•Z et) 3 ..1 and Gromatzky, Dupree, and Associates 4811 East Grant Road, Suite 261 Tucson Arizona 85712 , , - 0 Ph. 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L.,,,,,;:.,,,,:„..,,,..,. . -;,-,-„47,1-1 ----t-fra"1°I11-1E-•-• '4_ I; r; - <a .1-0 1:' ..!.• ...i ,.1 . :... , ....,_...._,.........,_„„„_....011111e...„1.....,...... ,............„1-..":-. ----,,--,.....,.. ••w.,...,_ 4 i z in ,.., -.-----.4..........,;4, I 0 N int.----7.04.,. I, ti g :r.t"' II in .'• r-"7.74:7'' '''..,11. '• JIIIIL 1110.-,-.-....... *--.1-----... ..----11---7---------wvosirw.dir .1-gparieit .1,1.1 ' •. ti ....-----,. ir 2 I h.. •-. :, . d lesodoici asn pue7 . . 4.6 C"`"? reta)-SL- Sec.8-501 T-P TECHNOLOGICAL PARK DISTRICT ARTICLE 8-5. T-P TECHNOLOGICAL PARK DISTRICT Sec. 8-501 Purpose This district is intended to provide for administrative, research and specialized manufacturing activities at a low intensity. All uses shall be of a non-nuisance type and residential scale having low silhouette, a variety of separate buildingmasses and landscaped areas. This district is to provide employment near residential areas p and the development standards are intended to be compatible to adjacent residential uses and provide a park- like setting for employment. Sec.8-502 Approvals Required A Development ment Plan shall be submitted in accordance with Article 4-5. No structure or building shall be built or remodeled upon n land in the T-P District until development plan approval has been obtained as outlined in Article 4-5 hereof and, further, the Development Review Board approval of landscaping, architecture, sic =s, etc. as applicable must be obtained as outlined in Article 3-3 hereof. Sec. 8-503 Use Regulations A. Permitted Uses structures or premises shall be used and buildings and structures shall hereafter be erected, Buildings, altered or enlarged only for the following uses. 1. Broadcasting station and studio, radio or television 2. Research laboratory, excluding use of any radioactive materials 3. Motion picture production 4. Offices: business, professional and governmental 5. Blueprinting, printing, lithograph, publishing or photostating Antennas (includingsatellite dishes up to 1 meter in diameter), subject to requirements set forth in 6. Article 13-7. Satellite dish antenna exceeding 1 meter in diameter shall be subject to DRB review and recommendation, and staff approval per Section 3-302 and 13-702.A.4. 7. Minor Communication Facilities, subject to requirements set forth in Sec. 13-703.B 8. Communications, informational and other technical service businesses 7. Electronic instruments and devices, assembling and manufacturing B. Uses Subject to a Conditional Use Permit 1. Manufacturing and processing. a. Art needlework, hand weaving and tapestries b. Books, hand binding and tooling c. Jewelry d. Medical, dental and drafting instruments e. Optical goods and equipment,watches, clocks and other similar precision instruments. f. Small electrical or electronic apparatus g. Musical instruments, games or toys. (Rev.6/99) Oro Valley Zoning Code Revised 8- 16 fi • Sec.8-503 '•;'•a^ moi: T-P TECHNOLOGICAL PARK DISTRICT 2. Other office, laboratory and manufacturing uses which do not create any danger to the health and safety in surrounding areas and which do not create any offensive noise, vibration, smoke, radioactivity, electromagnetic interference, dust, odor, heat or glare and which, by reason of high value in relation to size and weight of merchandise received and shipped, generate a minimum of truck traffic. 3. Restaurant: No use permit application for restaurant shall be granted unless the following conditions exist: a. The use shall be compatible with the T-P development and/or any abutting residential development and shall not include drive-in or drive-through types. 4. Banks or financial institutions (see Sec. 9-102 for criteria). 5. Research laboratory, including use of any radioactive materials. 6. Police stations and publicly or privately owned fire stations and emergency rescue facilities, including vehicular storage areas and housing for personnel(see Sec. 9-107 for criteria). 7. Churches(see Sec. 9-114 for criteria) 8. Major Communication Facilities, subject to requirements set forth in Sec. 9-117. 9. Analogous Uses per Sec. 5-201C. 10. New utility poles and above ground wires. 11. Funeral Chapel. Sec. 8-504 Property Development Standards The following property development standards shall apply to all land and buildings in the T-P District. A. Minimum Property Size Not applicable in this District B. O en S ace Requirement and Areallolume Ratios 1. In no case shall the open space requirement be less than 24%of the net lot area. 2. The aggregate area of the building(s) shall not occupy more than 50% of the total area of the lot. 3. The gross floor area of any one structure shall not exceed 15,000 square feet except that, on lots that exceed 10 gross acres, the size of the buildings may be established by the Development Review Board. C. Density Not applicable in this district. D. Building Height No building shall exceed 2 stones and the exterior height shall not exceed 25 feet, provided that no more than 50% of the total roof area in any one development shall exceed 18 feet in height. Oro Valley Zoning Code Revised (Rev.6/99) 8- 17 R'- Sec. 8-504 T-P TECHNOLOGICAL PARK DISTRICT E. Distance Between Buildings There shall be not less than 10 feet between an accessory building and a main building or between 2 main buildings. F. Landscaping The provisions of Chapter 14 shall apply. G. Yards and Setbacks 1. Front yard. a. A minimum of 12% of the net lot area shall be incorporated as frontage open space to provide a setting for the building, visual continuity within the community and a variety of spaces in the streetscape, except that the frontage open space shall not be required to exceed 50 square feet per 1 foot of public street frontage. In no case shall a building be closer than 35 feet to the front lot line. b. All areas between a building and a street frontage, except for access drives, parking and walks, shall be landscaped unless special circumstances warrant approval otherwise by use permit or Development Review Board approval. 2. Side and rear yard. A yard of not less than 50 feet shall be maintained where the lot abuts a residential district or abuts an alley which is adjacent to a residential district. 3. There shall be a landscaped area a minimum of 35 feet in width between any parking area and any street frontage. Parking areas shall be screened from view from all streets. H. Walls, Fences and Required Screening 1. All operations and storage shall be conducted within a completely enclosed building or within an area enclosed by a solid wall at least 6 feet in height, provided that no objects shall be stacked higher than the wall so erected. Sec.8-505 Off-Street Parking The provisions of Chapter 11 shall apply. Sec.8-506 Signs The provisions of Chapter 12 shall apply. Sec.8-507 General Provisions The provisions of Chapter 13 shall apply. Oro Valley Zoning Code Revised (Rev.6/99) 8- 18 111 111 For clarification of this material Contained in this report Contact: The Planning Center 110 S. Church Ave., Suite 1260 Tucson, Arizona 85701 Phone (520) 623-6146 Fax (520) 622-1950 7w Table of Contents TABLE OF CONTENTS SECTION I: SITE ANALYSIS 1 A. EXISTING LAND USES 1 1. Site Location 1 2. Existing Land Uses On-Site 1 3. Zoning within One-Quarter Mile 1 4. Well Sites 2 B. TOPOGRAPHY 6 1. On-Site Topographic Characteristics 6 2. Average Cross-Slope 6 C. HYDROLOGY 8 1. Off-Site Watersheds 8 2. Off-Site Natural and Manmade Features 8 3. Acreage of Upstream Off-Site Watersheds with 100-year Discharges Greater than 100 cubic feet per second (cfs) 8 4. Characteristics of On-Site Hydrology 8 5. Existing Downstream Drainage Conditions 9 D. VEGETATION 12 1. Vegetation Communities and Associations 12 2. Vegetation Densities 13 E. WILDLIFE 16 1. Letter from Arizona State Game and Fish Department 16 F. VIEWSHEDS 21 1. Onto and Across the Site 21 2. On-Site Areas of Visibility from Off-Site 21 G. TRAFFIC 28 1. Existing and Proposed Off-Site Streets 28 H. RECREATION AND TRAILS 31 1. Parks, Recreation Areas, and Public Trails 31 I. CULTURAL RESOURCES 33 1. Letter from Arizona State Museum 33 J. SCHOOLS 41 K. WATER 41 L. SEWERS 41 1. Wastewater Capacity Response Letter 41 2. Existing Sewers 41 M. COMPOSITE MAP 45 SECTION II: LAND USE PROPOSAL 47 A. PROJECT OVERVIEW 47 1. Requested Zoning Boundaries 47 2. Characteristics of the Proposed Development 47 B. PRELIMINARY DEVELOPMENT PLAN 47 1. Development Plan 47 2. Support Data 47 C. EXISTING LAND USES 50 1. Effect on Existing Uses 50 2. Comparison to Existing and Proposed Land Uses within % Mile 50 Oracle Road/Linda Vista Boulevard Rezoning 1 • Table of Contents D. TOPOGRAPHY 5050 1. Development Plan Response to Topographic Conditions of Slopes 15% or Greater 50 2. Development50 3. Hillside Development 4. Areas to be Disturbed 50 E. HYDROLOGY 52 1. p PreliminaryDevelopment Response to Hydrology 52 F. VEGETATION 54 1. Response to Vegetation Density 54 p g 2. Recommended Mitigation Measures 54 G. WILDLIFE 54 1. Habitat Disturbance 54 H. LANDSCAPE BUFFER PLAN 54 1. Techniques to Mitigate Impacts of Proposed Development 54 I. VIEWSHEDS 56 1. Mitigation of Impact 56 g 2. On-Site Visibility 56 J. TRAFFIC (A COMPLETE COPY OF THIS REPORT WILL BE PROVIDED UNDER SEPARATE COVER). 56 1. Access Points 56 2. Off-Site Road Improvements 56 3. Chane to ADT and Level of Service 57 g 5. Bicycle and Pedestrian Pathways 58 6. On-Site Rights-of-Way 58 K. SEWERS 59 1. Method of Providing Sewer 59 2. Location of Collection Sewers 59 3. Sewers along Washes 59 L. RECREATION AND TRAILS 59 1. Recreation Areas 59 2. Ownership of Open Space 59 3. Access to Off-Site Public Trails 59 M. CULTURAL, ARCHAEOLOGICAL, AND HISTORIC RESOURCES 60 N. SCHOOLS 60 O. WATER 60 1. Statement of Water Service 60 Oracle Road/Linda Vista Boulevard Rezoning ii Table of Contents LIST OF EXHIBITS Section I: Exhibits 3 Exhibit I.A.1: Regional Vicinity Map 4 Exhibit I.A.2: Existing Land Uses 5 Exhibit I.A.3: Existing Zoning Within %4 Mile 7 Exhibit1.13.1: Topography 10 Exhibit I.C.1: Off-Site Hydrology 11 Exhibit I.C2: On-site Hydrology Exhibit I.D.1: Vegetation Communities 14 Exhibit I.D.2: Vegetation Densities 15 Exhibit I.E.1: Arizona Game and Fish Letter 17 Exhibit I.F.1: On-Site Viewsheds 22 ilk Exhibit I.F.1: On-Site Viewsheds(Photos) 23 Exhibit I.F.1: On-Site Viewsheds (Photos)—(cont.) 24 Exhibit I.F.1: On-Site Viewsheds (Photos)—(cont.) 25 Exhibit I.F.1: On-Site Viewsheds(Photos)—(cont.) 26 LExhibit I.F.2: Onsite Visibility 27 Table I-G: Existing Major Roadways Surrounding Site 29 Exhibit I.G.1: Adjacent Streets and Major Arterials 30 Table II-113: Trails within One-Mile of Site 31 Exhibit I.H.1: Recreation and Trails 32 Exhibit 1.1.1: Letter from Arizona State Museum 34 Exhibit 1.1.2: Old Pueblo Archaeological Study Report 35 Exhibit I.J.1: Existing Public Schools Within One Mile 42 Exhibit I.L.1: Wastewater Response Letter 43 • Exhibit I.L2: Existing Sewers 44 Exhibits I.M.1: Composite Map 46 Exhibit11.A.1 & II.B.1: Rezoning Boundaries& Preliminary Development Plan 49 Exhibit11.0.1: Grading Plan 51 so Exhibit II.E.1: On-Site Hydrology 53 Exhibit 11.1.1: Landscape Buffer Plan 55 Exhibit II.M.1: Water Service Letter 61 Appendix A: Bibliography 62 Appendix B: Cactus Ferruginous Pygmy Owl Survey 63 46 Appendix C. Late Response letters from agencies 72 11. a I OR I 1P ilik iro • Oracle Road/Linda Vista Boulevard Rezoning 0 iii Site Analysis SECTION I: SITE ANALYSIS A. EXISTING LAND USES 1. Site Location The subject property is located at the northwest corner of the intersection of Oracle Road and Linda Vista Boulevard (T12S, R13E, Section 13, Gila and Salt River base meridian, Pima County, Arizona) within the jurisdiction of Oro Valley. The 14.28- acre site is situated approximately 10 miles northwest of Tucson's City Center and 9 miles east of the 1-10 freeway. The property is bound on the east by Oracle Road, 111 on the south by Linda Vista Boulevard, Desert Sky Road to the north, and by the Villa Balboa subdivision (town homes) on the west. (See Exhibit I.A.1: RegionalNicinity Map). III2. Existing Land Uses On-Site The entire site is undeveloped vacant land. 3. Zoning within One-Quarter Mile 11 a. Existing Zoning: The site is currently zoned as R1-144, which is a low- density single-family residential designation in the Town of Oro Valley. The vacant property to the south of the site is also zoned R1-144, although it is unlikely that it will be developed as such. The property to the north of the site is zoned R-6 (apartments) and properties immediately to the west are zoned R-4 (town homes). Properties further to the west are zoned R1-7 111 (single-family residential) and R-4 (town homes). Property to the northwest of the site is zoned T-P (technology park) and property to the east across Oracle Road is zoned C-1 (commercial) and T-P. Property to the southeast P of the site across Oracle Road is zoned PS&C (private school and church). (See Exhibit I:A.3: Existing Zoning). .� b. Existing Land Uses Within 1/4 Mile: i North: Apartments Northeast: Commercial and Technology Parks East: Commercial Southeast: Private Church and School South: Vacant Southwest: Park and Public High School Ai West: Town houses and Single-Family Residential • Northwest: Technology Park and Condominiums es, c. Building Heights: The residences to the west and north of the site, and the * technology parks and commercial developments in the area are limited to two stories and heights of 25 feet. si. 1 d. There is one pending rezoning within 1/4 mile of the site. The parcel located on the southwest corner of the intersection of Linda Vista Boulevard and * Egleston Drive is pending a rezoning from R1-144 to R1-36 and R1-7. ` Oracle Road/Linda Vista Boulevard Rezoning 1 Site Analysis e. There are no conditionally approved rezonings within 1/4 mile of the site. f. There is an approved development plan for a commercial development on the east side of Oracle Road, across from this development. 9. The architectural styles used in adjacent properties include Territorial, Pueblo, and Contemporary Southwest. 4. Well Sites According to Pima County data there are no registered wells within 100 feet of the 111 site. Oracle Road/Linda Vista Boulevard Rezoning Site Analysis Exhibit I.A.1 Regional Vicinity Map a. q.:.7.`1,1% Ck- splativi 7,,,,,_, i -5- 11111 ! Regional Mf E 'h`'S t , ,,,,„.„ n ;,,,„..,, ,„, Z. OP Miller L.L.C.Property .AI , t, ` Pro ert 1x; : ;>r,�-_A rr.�1 �s� ikalL (1 �fil i, �s� NJ� .�..�; ParksL 4111. riii--.15ii ,',::7-i: , / A �� 5` ��„x srrr. .A ,,..:,:,.., Street Network ,, m t i_f:".„6.:.;'-' .r _ I dm TANGERINI'-••A. .,,'4 ....:3 ! - i !LT' `` �� \ - I Major Streets £v/iutaT1s c ,,„.4.1' 47:ap4t-- i.; - ' = FEMA Floodplain 1311 , 1, , 7.-_ 1 --- -r r , b. . ;,.: Vie. CORONADO NATIONAL ,,`���.�:r,:!•'_.--- �� 1.4 I - FOREST •.y: :.t:=^! "flu ,' ' • ,5 4,4, _ r3 ,1,%y Tirr,-,':,OAVArill j . '*. 1;''_-11 1- 0.--.Fat,ft, &, ra... ., . ---.:_s.,„ --A ,� Project Location I , ,,A.' . lui it:0,- mug os,swar -- wi. 1 4...- „rte[/r�Kit Liza ,, 7.3 !_g �Ilfgrep '-- P,Alre-tiri / -/ft re#/11 lieliall Ian WI" ---; TAIMMINI .milaPW. 1 -4 el, Arm LW Iiik�v,M1IiWi / p, •slow- ,moi, 0 4 IP --"I''VIIIII.r,,-4..S:ViN3t*,:-''''''. --' IP W ' / %4 / ..1-'..:'- ---'-.,., ► '� Vicinity Map - ______..... ..r.:,.:._.,:::.::.i.„._:: ___. we 10 ' cirrio-. / ilk Miller L.L.C. Property - =ion Parks -- Street Network 11,1.0i11110 Project Location oh ..� Er —' li 1 11) :11"..:1 1 --- r - Major Streets a _,%:,-„,.:/ 1000 0 1000 2000 Feet LI QA VISTA OUI.E + :__:==-i I 1"!`'.......-- --- 1 W s f QLu CORONADO NATIONALQ ; FOREST - �r i W r r o/ - ct Z o/ Q., u `I • 4. _ rzin THE 411P- 1 , \\PaLli) )CENTER L 141'4 1 1 J j -___ -- 110 S.CHURCH AVE.,SUITE 1260 'TUCSON,AZ 85701 1520)823-6146 Oracle Road/Linda Vista Boulevard Rezoning • 3 Site Analysis Exhibit I.A.2: Existing Land Uses r--1-7,-- ‹ I: i 1 , 2--, R-43y—,1, 'I, tz-_-•@: .• . , 77, ,- \ .., 114 tAll• (Rh '.1‘' ; , ..i. 1 1 I w 1 1 pLII R-4R) ..... 4....itpartments 4.,-,---_, \ . 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I \AA 1 PLANNING 1, )%gorva CENTER __ N...._ __„/ 5 CHURCH AVE7,-SUITE 1264 TUCSON_AZ 85701(52016234. Oracle Road/Linda Vista Boulevard Rezoning 4 (Rev. 12/20/99) ISite Analysis Exhibit l.A.3: Existing Zoning Within % Mile :N-__.:7 \.:,,Xy7-1 ' ! j I :, �. /_,—..- -,_..., �' � ' t ^�it ,fes, '',,'• • .;y�_..,..__r `, !' i ,, �--t'- %s`•` - '', 1/4 Mile — __ _.__ -. - --------_---( , / •, ., ,.._.____,,,��j ti1;T �� i i ," ,,,,, • __,,,, : „______„, / -t i i�-4 ':'; /)\ti r r \ �\ itt 1 111 t i i _ '� r� i ce' • ill s'\\ `/ -�.- , '`V • JIB �j t i ,. i • • --- 2 '.▪ A y arEments t, i '-= :mac .��-: _-- �/f r„_,1 �sz- = Vacant . ,,i Vacant 166. _ / !lam -;^^�,,`,,--.'..'••••••'`r a!.-_------ ------•- ------- _.._... _.-.._._ _-_ _. -. . ii r i 1. /"1-'.-'2 i .�,, \ 1. ! .'�-- ' ---, �•^.,,i.3 5_.:2 2 _-_-._________- _ _" _ ;%^_- 1 i j w j i, 1,; `., `/A, ., �__:,---„7._•t '_'l..j ' t ,�za satil•c r i'•..\ 1 i ikeigligial Single _ ownhomes=z : <z-•'"' 4-;2 t�' Commercial 1 -- -- � - 2 ,, ��.: ---Sing -=" Family yr�3 2 .� i ,,•. ,\ •- i , I ' 1 1 , =z at ai r- . Family �Resi`dential. ' - i 1; 5 ( •t..-• j i Ill i .�F 3 4 Residential 1 i i ;a of :.;t; :-:-41_. • •. 1 ' i 1 i . 4.33, �.To"I',-,Y Z 1 Vacant Private School & - Church , i t, C , i i !' i i R1-144 Single Family Residential 1 144,000 sq.ft.lot PS&C I Private School&Church fjjSingle FamilyResidential �- THE PLANNING 43,000 sq.ft.lot CENTER q Technological Park ..._ `' �'� ?10 S.CHURCH AVS,SUITE 1260 R1-7 Single Family Residential TUCSON,AZ AV(, S) 1 60 7,000 sq.ft.lot 3 _ a 33°Feet R.4.1 Townhouses C"1 Commercial 5,000 sq.ft lot Oracle Road/Linda Vista Boulevard Rezoning 5 Site Analysis B. TOPOGRAPHY 1. On-Site Topographic Characteristics The site slopes gradually from the east to the west (See Exhibit I.B.1: Topography). a. "Hillside Conservation" areas: There are no hillside conservation areas located within the project site. b. Rock Outcrops: There are no Rock Outcrop Areas on the site. This information is complied from examination of aerial photographs and onsite investigation. c. Slopes of 15% or Greater: There are no slopes of 15% or greater on the site. d. Other Significant Topographic Features: No additional significant topographic features exist on the site. 2. Average Cross-Slope The average cross-slope of the site is 3.52%. Given this measured cross-slope, the project site is not subject to any of the development limitations as set forth by the J methodology of the Hillside District, Article 10-1 of the Oro Valley Zoning Code Revised. The values used to calculate the average cross slope are shown below: Average Cross-Slope = A x L x 0.0023 A Average Cross-Slope = 5 x 4,372 x 0.0023 14.28 Average Cross Slope = 3.52 % Oracle Road/Linda Vista Boulevard Rezoning 6 I Site Analysis IExhibit I.B.1 Topography 7 '----- 2'---.---7:.'_, ''.---- '7.---,: _:-. .,_ - ____---:'_ii ',,-,. ) 7 _ N-, .t 1 ' ' i i : , . .,. (-\\,•A\t,,•-:,,._ • i : 1 i . , ,.:,:,......,_—:•2" ,. . :c.., ji ./;--_-_-.., ---1 1 � i i ( ( III `' .H. • r. j) _ 2 -,.-_, ,..., , , ,i.,, , :. , ....., \; i __. __________._„ . ...„. ., _. . . __ ____ . . . .•/ , / ,, ,: . . , , , ,'Y-•,', , '',:.- ,, ‘,.. , , . , .,„.:;,.. ; _ . . _ .... ..:: / )i \/..., 'I� !l,;• is , , , " f i i; [1 c1 f/ '/ ' ' i - 'l t \ —f 'Jar f• f - il ,, :.. //,/, i ,is ..: ,.. ., , ,:‘• ,t,',,.,/ / i ` J 1 11. 1 • ) ' / ''' ( .,...-- ,, E .,_,I I I `' I LY-::,' . ' r '-'-' .: , , . _j - .- --- ._1.' '['.i ,=-,,,....._,.._„._----",,,,--____7T-,...--,. ..-,—,-___L-,-:-7.--.'j-j,,-t.-;;:::-,:,-=-. r:-.,'(::..7.,,,,, ) IT.:, CONTOUR INTERVAL=1 FT. THE I LEGEND ED ret,c,,ENNTNEIRNG 110 S.CHURCH AVE.,SUITE 1290 TUCSON,AZ 85701(520)623-8148 7/> SLOPES GREATER THAN 15% 900' 200' NO'T'E: THERE ARE NO SLOPES GREATER 0. M1Lole/EXHIaiTs/TQPfl.JWG THAN 15% r imir Oracle Road/Linda Vista Boulevard Rezoning 7 Site Analysis C. HYDROLOGY 1. Off-Site Watersheds According to the Pima County Hydrology Manual for Engineering Design and Floodplain Management within Pima County, Arizona (September 1979) the parcel p g is subject to three minor watersheds, which originate upstream from the site. All three watersheds originate at the centerline of Oracle Road and flow westward affecting the property on its eastern edge. Off-site watershed (OFS) drainage areas 1, 2, and 3 have the following discharge rates: OFS1 has a drainage area of 2.2 cfs (cubic feet per second), OFS2 has a rate of 9.1 cfs, and OFS3 has a rate of 3.1 cfs in the event of a 100-year flood event (See Exhibit I.C.1). To alleviate flooding effects from these three watersheds, two 24-inch RCP's were constructed under Oracle Road. The RCP's discharge water near the southeast corner of the property where a drainage ditch on the north side of Linda Vista Boulevard directs the water to the west and away from the parcel. Surface flows from watersheds to the east of the property are detained by a drainage swale on the east side of Oracle Road and directed north and away from this project. 2. Off-Site Natural and Manmade Features There are no off-site manmade features to be accounted for in a hydrologic analysis of the proposed development other than Oracle Road. The only surface improvements in the area are the proposed half width surface improvements for Oracle Road to the east of the project. 3. Acreage of Upstream Off-Site Watersheds with 100-year Discharges Greater than 100 cubic feet per second (cfs) There are no off-site watershed areas that generate discharge rates of or greater than 100 cfs. 4. Characteristics of On-Site Hydrology a. Approximate 100-Year Floodplain: There are no washes with discharge rates of 100 cfs or greater originating on this parcel. Discharge from this entire parcel in the event of a 100-year storm is approximately 74 cfs. The delineation of the floodplains for the site is shown on Exhibit I.C.2. b. Sheet-Flooding Areas: There are no areas of significant sheet flooding on the subject property. On-site flows are conveyed across the site from east to west depositing onto adjacent parcels and into the drainage ditch along Linda Vista. c. Federally-Mapped Floodplains: This project is not located within a special flood hazard area. Oracle Road/Linda Vista Boulevard Rezoning 8 Site Analysis d. Peak Discharges: The site is impacted by five on-site drainage areas: ONS1, ONS2, ONS3, ONS4, and ONS5. There are no 100-year peak discharges in excess of 100 cfs. On-site drainage area ONS1 discharges at a rate of 22.4 cfs, ONS2 at 4.2 cfs, ONS3 at 6.8 cfs, ONS4 at 28.1 cfs, and ONS5 at 13.5 cfs in the event of a 100-year storm. Discharge calculations were derived using the Pima County Hydrology Manual for Engineering Design and Floodplain Management within Pima County dated September of 1979. 5. Existing Downstream Drainage Conditions An existing single-family subdivision is located on the downstream property of the site. Discharge from the site enters into this subdivision at several locations. Each of these locations concentrates the sheet flow from this parcel onto existing cul-de- sacs and retention basin's drainage area by utilizing surface improvements that collect and concentrate the discharge from this site to the following locations: ONS1, ONS2, ONS3, and ONS5 discharge onto a cul-de-sac, and ONS4 discharges into a detention/retention area. The discharge from the site is conveyed to the west through the openings of the existing screen wall. Oracle Road/Linda Vista Boulevard Rezoning 9 Site Analysis Exhibit 1.C.1: Off-Site Hydrology ,„,„: ., T1T' „--,---. : . , • • . 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CASA,' IVI • vow Oracle Road/Linda Vista Boulevard Rezoning 10 Site Analysis Exhibit 1.C.2: On-site Hydrology _ _ 1.— 1 ...7 -/ as �,) _.._y_ - i. =moi t a ` !'1,�• J _ i `, , `i i ri / t\\+i\,rte :ii ,, . .,, ,: !, \ \ ,N. ,,, \ \ \\,,V A „..,,,.,,,..,,,,.,,,,.,/ , ,, 7, , ., i, , ,, ,_., , ... ,, -,, :, -,„ \ \\. -,.. ,,,,,.! / 1 i ,';'.•Mliii, Q,�EXIST.=16.6 CFS; C 1, -�- .1-'-r, A '' i i'�, �s r , 1 � �� f 1 t\ r .::_-_—,--_,,,11,---,„. .) ) /i,).',j. ' \\i ':7,—".--- ''' ':. / Iti t •iii ', 1 ' i i ,, \\ ..,...____757:2,,_„\ ,,,, )1 ,,11:1,i.111\r; ..,..,..;.,,.:,:;-'. t • t f —'i .) ! i Jt{sly t T \--;;Fc— -----1'---7 , moi" ! 11'itI f EXIST.=37.2 CFS-_ ILI i•i I�`` �1= ,% _--.mo.---------,,,----.(-1 ' , }(1.011 !}J, 1 .sem - r / '' /;' 'l i' ',• ,, ' ,'// `,' j,} :t EXIST.=6.8 CFS �- ,, / 1. 1 �, P-' I '•i! ; :'172.51 - ,''. ..,.--1:; '347"--'. A/' // / / ./ / ,,---/ / ' i 1- ( ,I 1 '''' ' g ; ----: Li I ,-. ,,._, •_ t ,, J., ..,/, , i: ,• : ,.:. . • s,, !: i i _ ; i i : i , , r. i , . ,,_, : : T .., ,../ i ____._ / : , •, .:,:: . J.....,... • J 1 ; f ; Q.EXIST.=4.2 CFS ;' • ; , i' ijj �' 1 % i Vii•' / I -I J ,.' '1' ' :' ; —..'.:...:1?'"'' .,--...': le '' ; I. .: . 1 .1. .'I '! i ; ," I ,-; .r.,-;,'"„.1 `. 1 ! ! / i J I ., ', , i i . J .I . i 1 L_1 1 Q,D0 EXIST.=24.6 CFS , : r i 1 _+.. 1 I 1 , iri 1 J - 1' ; j 1 `r_.s:��r —7.-��+-7..�� ss.. rte w.`e-R.� CDcçTHE ctf),8,..EAN,iG 110 S.CHURCH AVE.,SUITE 1280 TUCSON,AZ 85701(520)823-6140 a 100' 200' MIL-0IT/EXNIHITS/ONSITE.'DROLOGY DWG Oracle Road/Linda Vista Boulevard Rezoning 11 Site Analysis D. VEGETATION 1. Vegetation Communities and Associations a. This site is included in the Oracle Road Scenic Corridor Overlay District. Specific development requirements, and landscaping requirements will apply to this project. b. Site Vegetation: Vegetation on the site is characteristic of the Arizona Upland Subdivision of the Sonoran Desert-scrub biotic province. The specific plants evident on the site are marginally characteristic of the vegetation from the following associations: ■ Palo Verde-Cacti-Mixed Scrub Series (See Exhibit I.D.1: Vegetation Communities). Dominant Plants observed onsite include the following: Trees Foothill Palo Verde (Cercidium microphyllum) Blue Palo Verde (Cercidium flordium) Mesquite (Prosopis spp.) Catclaw Acacia (Acacia greggii) Shrubs Hackberry (Celtis pallida) Ground Covers Typical desert ground cover, such as Bursage and desert grasses. Cactus Prickly Pear (0. phaeacantha) Staghorn Cholla (0. versicolor) Compass Barrel (Ferocactus acanthodes) Saguaro (Carnegiea Gigantea) c. Endangered and/or Threatened Species: There are no endangered or threatened species of vegetation found on site. d. Aesthetic/Erosion Control Value: None of the existing vegetation possesses any extraordinary aesthetic or erosion-control value. Vegetation of specimen quality and will be boxed and replanted elsewhere on site. Oracle Road/Linda Vista Boulevard Rezoning 12 Site Analysis 2. Vegetation Densities Vegetation densities on site were measured from aerial photographs and verified during field investigations. ,.. Vegetation densities were categorized as follows: • High Density: 76% - 104% • Medium Density: 31% - 75% • Low Density: 0% - 30% The site has predominantly low vegetation densities. There are no areas with medium to high vegetation densities (See Exhibit I.D.2: Vegetation Densities). INN Oracle Road/Linda Vista Boulevard Rezoning 13 Site Analysis Exhibit 1.D.1: Vegetation Communities f W +1, 4, _ I 'v, a Yom' 47- / II ,- 4 114 rI:1 ',,1,/,;',.; —=—'.- H /2.r_ 1 .i i 1 V y y' *--`-�_- "* i ?f 1 ' ti 1111 4 J � , i=T'`ti 1 nr t t 1 .-Wiz.-_ 1 y : T :Tu' i ,s , V: ',i, 'Ne..,, // / `:'` te=a i I i f -� . • ) ., .• .,...„-- ,./- „.• i .; ../ ., ./ .,,, ,ih,;, , !;I ,Q / 1 4 g �-+',, f v, ,=, .�. ' .Ili! :1. 1,1. '0 '.2, 1 • ,__.V y W * y �^*,./J y ,i ( r I •i .�e '• . ''' v, yr `{/ f '' i ;; ,: , -----;-" ; , . ' ' I I H! i i; - : ,..! i •.7....___,T, , __.......!-- ( ,/ ,,,.. . . : , ' ;" i i !? ; ;' : ','.':-., _ y i f _ -' I IP y. .y `, y v, v/ 1 r •, ,' ,4, v/ Ni, N v/ adi,�THE LEGENDAi PLANNING CENTER ,, y 110 S.CHURCH AVE.,SUITE 1280 SONORAN DESERT SCRUBTUCSON,AZ 8570'(52)°23-018 4, v, PALO VERDE-MIXED CACTI COMMUNITY o' 100' 200' .1t-017/ExHIBUS/vEGETATI@V CD+UkITiES.... Oracle Road/Linda Vista Boulevard Rezoning 14 I site Analysis Exhibit I.D.2: Vegetation Densities .-, i.: 4,.. <L, '.: c: 2,,,,,/..------ --,,,L4 f �'�' ` fi_�: •, } ,_ , r ] , J /��r, ,..-L-C-----.-.77—....4.i ,//..:..--. ,- -,. -.. • ' • , \.(\.:,4:. 4 i i I - r r 'l i f . A ,„ l _ ..r.': 5� iii, ___ , ! . .... •, .,, \;.., /,,,, . ; ! /"I _ * ,,,,,,,,..:‘,..,,,,psi..;. , , \--,.....L........"‘• ' �; Y•l ', / �." %J i; I dill „,_ � l S 1• 3 .. .. .,• — Wi_•`— ; / r r- I {` . , ..........___,......,.., , •. . •• , . / . / ,s ,, ,,,,„,, ., : i,,,„. .. ,...:: :„. .,, ,, , , , ,,,, , ...„ .. i, ..,....„.._„....:! , _________., , ..„.... , . . : : , , ! / , :,,, „ . ,,:.., . ,,, , - , _ ,___ _.. __ _ . ' i / ,-, i - , , —fry-+•,I(i,, ` ''_- r ,/ /^`�''.. (i ! 1 ti t J'' ` o 1 HI / / i / • — '' *'..-5,----=—:,=-4—',11, 1 i tO +!I f ; t % 5 ,, ,), - , .,.. ...-: / /-• :H.. s., i [ 1 • ,•r _t i i 1 • � 3 1 111 ' i `i t i 4 I -'-'77-------' i , '-,,,,,•,.,•--'• • ' ' ' ' ,.. : ,. ! i, . ,,•,, g ,1 ,,..1, L.,.1 i 1 III i - . wa s=- i • Wit: (' ff 1 I .ri ri r ' : , , i '.1 .. ..,. / , :,: ;1:.:,.! , f ! 5P-TPHLANNINGE I LEGEND CENTER VA I ,,0s.CHURCH AVE.,SUITE 1280 TUCSON,AZ 85701(520)823-8148 LOW (0-30%) o, 100. 2O imemailimNOTE: THERE ARE NO AREAS OF MEDIUM »iL-01T/EXHICTS/VEGETATIuN DENSITIES Dv, OR HIGH VEGETATIVE DENSITIES Oracle Road/Linda Vista Boulevard Rezoning 15 Site Analysis E. WILDLIFE 1. Letter from Arizona State Game and Fish Department A letter from the Arizona Game & Fish Department, Tucson Regional Office, is included in this report (See Exhibit 1.E.1: Arizona Game & Fish Department Letter). Due to excessive workloads and limited personnel availability, the A.G.F.D. was only able to provide a list of special status species that are known to occur in the vicinity. There are no significant wildlife concerns on this site. A summary of the Game & Fish findings is as follows: a. Threatened or Endangered Species: Arizona Game and Fish have indicated that the following special status species may be present on site. • Buff-collared nightjar (Caprimulgus ridgwayi) • Cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) • Lemmon cloak fern (Notholaena lemmonii) • Mexican long-tongued bat (Choeronycteris mexicana) • Pima Indian mallow (Abutilon parishii) • Sonoran desert tortoise ( Gopherus agassizii) • Trelease agave (Agave schottii treleasei) • Tumamoc globeberry (Tumamoca macdougalii) b. Species Density and Diversity: There are no high densities of any given species on the site, and there is no unusually high diversity of species. c. Aquatic or Riparian Ecosystems: No aquatic or riparian ecosystems exist. Oracle Road/Linda Vista Boulevard Rezoning 16 Site Analysis Exhibit I.E.1: Arizona Game and Fish Letter 11 IRECEN G„,ernur v.0 L J 699 Jane Dee Hull THE STATE OF ARIZONA , Commissioners: Chairman,William Beriat,Tucson W.Hays Gilstrap.Phoenix Dennis D.Manning.Alpine ghtiy.Fla Gnl Michael M. igstaff GAME & FISH DEPARTMENT Joe Caner.Safford 2221 West Greenway Road.Phoenix,Arizona 85023-4399 (602)942-3000 Director Duane L.Shroufe www.gf.state.az.us Deputy Director Steve K.Ferrell Tucson Office,555 N.Greasewood Rd.,Tucson,AZ 85745 July 14, 1999 Ms.Hilary Anderson The Planning Center 110 S.Church,Ste. 1260 Tucson,Arizona 85701 Re: 14-Acre Parcel Near Linda Vista&Oracle Road;T12S,R13E,Section 13. Dear Ms.Anderson: Due to excessive workloads and limited personnel availability, the Arizona Game & Fish Department(Department) is, at this time, only able to provide you with the list of special status species that are known to occur in the vicinity of the above-referenced parcel (Attachment A). This list is based on the review of records in the Department's Heritage Data Management System' (HDMS). Any of these species are likely to occur on-site to the degree that the parcel provides the species'habitat requirements. For information that will assist you in identifying the on-site native vegetation communities and their values as wildlife habitat, the Department recommends the following references: • Brown, D.E. (ed). 1994. Biotic Communities - Southwestern United States and Northwestern Mexico. University of Utah Press, 342 pp. • Shaw W.W., L.K. Harris, M. Livingston, J.P. Charpentier, and C. Wissler. 1996. Pima County Habitat inventory-Phase II. Arizona Game&Fish Dept. Contract No. G50028-001, Phoenix, AZ. 94pp. (Pima County maintains GIS coverages from this report.) • Pima County's 1986 Map of Critical and Sensitive Wildlife Habitats. The following measures that relate to Federal/State regulatory compliance should be applied when appropriate. Those practices that pertain to landscape design and site planning are Information contained in the Department's I-IDMS is dynamic and updated on a periodic basis. Any information,therefore,is likely to become outdated shortly after its release. Such information is intended to serve as a guide regarding what species may be found in a particular area. It does not represent the results of comprehensive species-specific surveys. An Equal Opportunity Reasonable Accommodations Agency Oracle Road/Linda Vista Boulevard Rezoning 17 Site Analysis Exhibit 1.E.1:Arizona Game and Fish Letter(cont.) Ms.Anderson July 14, 1999 practices beneficial in maintaining habitat elements compatible with native desert wildlife. Implementation of these landscape design/site planning practices will not totally mitigate for the loss of native desert habitats,however,evidence shows that incorporation of these practices will foster the retention of those native wildlife species which can exist in urban/suburban environments. The Department recommends these landscape/site planning practices be implemented as part of any anticipated on-site development. Federal/State Regulatory Compliance: • Apply the attached guidance from the USFWS regarding the Endangered cactus ferruginous pygmy-owl and contact them as appropriate. • If plants protected under the Arizona Native Plant Law are likely to occur on the subject parcel, contact the Arizona Department of Agriculture for additional information regarding potential restrictions which may apply to the salvage or removal of plant species. A suggested contact is: Mr.James McGinnis Manager,Native Plant Law Plant Services Division Arizona Dept.of Agriculture 1688 W.Adams Phoenix,Arizona 85007 602/542-3292 • Adhere to the attached tortoise handling guidelines for development projects if Sonoran desert tortoise are likely to occur on the subject parcel. • Contact the Department's Tucson Regional Office immediately for direction regarding the disposition of an active bat roost site(s)if one is found on the property. • During pre-construction and construction activities, contact the Department's Tucson Regional Office immediately for direction regarding the disposition of an active raptor nest(s) if one is found on the property. (Please note that an active raptor nest can also be located in a burrow as well as the more common arboreal situation. Nests of the burrowing owl is one example.) Landscape Design/Site Planning: • Maximize the amount of interconnected open space within the development. • Utilize native plant species for all on-site vegetation and revegetation. Oracle Road/Linda Vista Boulevard Rezoning 18 Site Analysis Exhibit 1.E.1: Arizona Game and Fish Letter(cont.) Ms.Anderson July 14, 1999 3 • Employ revegetation schemes that re-establish and maintain vertical diversity(ground cover,shrub layer,and canopy cover)with native plant species. • Retain in place or salvage mature woody vegetation including saguaros and ironwoods(mature adults as well as immatures). • Maintain the vegetative and hydrologic integrity of all washes,especially those which Pima County's 1986 Map of Critical and Sensitive Wildlife Habitats identifies as Class I or II Riparian Habitats. Please call me at 520/628-5982 Ext. 137 if you have questions. Since -ly, 4' . 1 Sherry A. u her Habitat Spe -alist SAR:sr cc: John Kennedy, Project Evaluation Program Supervisor, Habitat Branch,PHX(AGFD Log No. 6-19-99) Bob Fink,District Wildlife Manager,Region V Dave Harlow, Supervisor.USFWS,Az Ecological Services State Ofc,PHX James McGinnis,AZ Dept.of Ag,Plant Services Div.,PHX Attachments C:\PROJECTS\ITIE5\OROVLLI\l4tu?ORACLE&LLNDAVISTA.DOC Oracle Road/Linda Vista Boulevard Rezoning 19 Site Analysis Exhibit I.E.1: Arizona Game and Fish Letter(cont.) Ms.Anderson July 14. 1999 4 ATTACHMENT A SPECIAL STATUS SPECIES 14-ACRE PARCEL NEAR LINDA VISTA&ORACLE COMMON NAME SCIENTIFIC NAME STATUS buff-collared nightjar Caprimulgus ridgwayi S cactus ferruginous pygmy-owl Glaucidium brasilianum cactorum LE,WC,S Lemmon cloak fern Notholaena lemmonii S Lemmon cloak fern Notholaena lemmonii S Mexican long-tongued bat Choeronycteris mexicana WC,S Pima Indian mallow Abutilon parishii S,SR Sonoran desert tortoise Gopherus agassizii WC,S Trelease agave Agave schottii treleasei S,HS tumamoc globeberry Tumamoca macdougalii S,SR STATUS DEFINITIONS LE- Listed Endangered. Species identified by the U.S. Fish and Wildlife Service (USFWS) under the Endangered Species Act(ESA)as being in imminent jeopardy of extinction. WC- Wildlife of Special Concern in Arizona. Species whose occurrence in Arizona is or may be in jeopardy, or with known or perceived threats or population declines, as described by the Department's listing of Wildlife of Special Concern in Arizona (WSCA, in prep.). Species included in WSCA are currently the same as those in Threatened Native Wildlife in Arizona(1988). S- Sensitive. Species classified as "sensitive" by the Regional Forester when occurring on lands managed by the U.S.D.A.Forest Service. SR- Salvage Restricted. Those Arizona native plants not included in the Highly Safeguarded Category,but that have a high potential for theft or vandalism,as described by the Arizona Native Plant Law(1993). HS- Highly Safeguarded. Those Arizona native plants whose prospects for survival in this state are in jeopardy or are in danger of extinction,or are likely to become so in the foreseeable future.as described by the Arizona Native Plant Law(1993). Oracle Road/Linda Vista Boulevard Rezoning 20 Site Analysis F. V1EWSHEDS 1. Onto and Across the Site The proposed development will alter the foreground and moderately alter the middle-ground views. The viewshed from the adjacent properties to the west will not be impacted by the development. Distant views of the Catalina Mountains to the east will remain above the single-story ridgeline of the proposed structures. (See Exhibit l.F.1: Viewsheds across Site). Views to the south and west are unremarkable and will not be affected. Views to the east of the Catalina Mountains from the Villa Balboa subdivision will be visible above the single story ridgeline of the proposed development. Property to the south is currently vacant and therefore will not alter the view of existing development. Views to the north from the future development of this site will remain. The distant views to the northwest from the site take in the Tortolita Mountains that lie relatively low on the horizon due to their greater distance from the site. Some of the views of the Tortolita Mountains from future development east of the property site may be affected by the development. Distant views and vistas across the project site from areas beyond adjacent properties will not be affected by the development. 2. On-Site Areas of Visibility from Off-Site The subject property is relatively flat and therefore, topography does not restrict views onto the property from adjacent off-site locations. For this reason, vegetation (screening ability of plants) is the critical factor for determining the degree of on-site visibility from off-site locations. Vegetation is also the preferred means of controlling and mitigating the degree of on-site visibility for the proposed developments. Views onto the site were determined from numerous locations along adjacent public roadways and properties from all directions. Viewpoints were selected along Oracle Road to the east, Linda Vista Boulevard to the south, Desert Sky Road to the north, and from surrounding properties. The viewsheds reflecting the visibility on-site is mapped on Exhibit I.F.2: Viewshed onto Site. The criteria for determining visibility onto the site are as follows: • High Visibility: Areas not obscured by vegetation or terrain and visible from the edge of the site. • Medium Visibility: Areas visible from off-site but obscured somewhat by vegetation. • Low Visibility: Areas on site that cannot be seen from off-site due to vegetation and/or topography. Oracle Road/Linda Vista Boulevard Rezoning 21 Site Analysis Exhibit I.F.1: On-Site Viewsheds VIEW TO ) * UNR MARKABLE VIEW CATALINA 1C y------ MOUNTAINS , , , _., , , I41 1 \ \ \ C \ L____I Ilti\1 I 11' • rj 1 I I � i 1 i I \ \ii :0:\I 1 \ \ , , - 1 1 \ \ i U,REMARKABLE VISTA CATALINA "-*-I� ll-* LERTIES W TO ADJACENT MOUNTAINS P ) - I ' I I Q , 0 '� JI I ce, L .�. , ;Lij I I U I jO I li I j 1 il 1I I 1 i-- dliiiI� Il II ____,"7.7 ji II I i � �! I I, II 1 7 DISTANT VIEW TO 1, VIEW TO ► CATALINA `- '- -- - __-___�� RTOLITA MOUNTAINS ' MOUNTAINS LEGEND re8 THE * VIEWPOINTS PCENTERLAN N I N G 110 S.CHURCH AVE,SUITE 1280 TUCSON,AZ 85701(520)8238148 0+ 100' 200' 60111111116011111111i MIL-01T/EXHIBITS/OFFSITE VISIBILI1 Y.DVG Oracle Road/Linda Vista Boulevard Rezoning 22 Site Analysis Exhibit I.F.1: On-Site Viewsheds (Photos) • a �.,�,,t;f'L� 1. �1 �l ': (--,..,..., i. .:44,, . .--.,.1„ . .. „,..,,,,,,., „,......, . - ;....,.!..-----,, .',.. . . .;:.,.. ,,,-.:..,..,,,,.-:...7,,,,,,-: -----,-.I. , - . , ,.. , ,.. ., . ,., ,.,:t. t-- ,,,,, � ^ 'C .a Y � t4 7i .,e—,,,,, r " k1Y ,. p.a ' •' 'r,,'",1* .A1' ,.-,,,;,,,,,,-„....-,,:r.,,,:. ,'�"�srY : ? „ �?F, £tfv . �} Y .«-'.T t7' � ," ",„-i,.°'t'."ffit s'2'..i.-'7,11'.}I >,. r .'"k 4N .j ,»td r .et.'-, ;�_!AN -,,4 1 "Fp t •{f. ,' ,�; N t� p i . .it—. .t.+ ti.' ! 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Oracle Road/Linda Vista Boulevard Rezoning Site Analysis Exhibit 1.F.1: On-Site Viewsheds (Photos) — (cont.) a •• ,7 "„y ��', a e,.= b:r r"•e' i}k,,.,,,:f°+; `j•R t«•S'�,��'"to y� $ry4.�n "°'R�"`.+i,�j�+��'.�?''t'7'��. ,'�b°�v�;�:��-�; ',w,� _,�» '�1.�Ry,e q.,, tkiz.° ,� •®* 'q+s>i}.g "�...! ;sed..t` ,i. .�, i'.,p�....�' t ..'�ft}�:?�; 'g �•s�.� 4.:3�! a�...L;t,�p .�u"°t"tq�<a��°��"'�'�,}� � R�t `�... ��4(il s '#a� xt Wit: `4 qZ',Fq. ,a ,• �h���r., �.. � �3°ri�r�i �x � �l�Y`, tt�t`� vR'• �.{};F�a.:,..#� g �"�,. f , � .*Jt (� t,;. ;,.,� «,�`�,1':.�„ 'iFr'.4Y *4- R� �� ., ^..•}rr11y�� `"' '"' 4 4!�R� ` w! s% t''"" -� � , i. £ ,+,.;«}ui�}) "« ! .'Yi ,t',.s$�1uzia.i F� p, �' e..� ,. it nY �i.:yffi p. 9 }•yy� t.� '� ,e:z 3 X' t �^ R'z 5�k#a 1 �*.-�, id } ":° .t^•3 a4"_: ,.r ,,St rs�>r.'"f�: .Y. 4"1,.q-,•q,. ,t~;�#"�, #'t,; t'`ay ^,,-;' Y M, M,»z,r : �Rtzt ,i tfq ,.4`tt'triw."'tl'' ":dw".%`''�iF,' .�°",t,...lµC .'"'&.'.3Y.aJ '� -;'�+ ' �s.F 4.`+. `t.:-F+T,t;''r~..§ '.F.as..l�,e' K.•yqY, t„ �``� Ttd.��t'N ail+ � z." �• ,F�� :4azttr. 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The Tortolita Mountains are visible in the distance. r °Y} It tGu.✓qt 4 f�c `��Z 'fit �y. _ ..,i•t . & .e:d ' $ 'zt i�{.«vt: Site Analysis Exhibit 1.F.1: On-Site Viewsheds (Photos) — (cont.) • • ttr lt�• ..t�.. )4 �, �+ i4 �yt�•ft..� t a I`yet r +t��,�.�- a A�� �,.� {'r... 1 >.t I,' `'4 7r +, !t ,!. �;'+,r •. s f; ti� �. K�� yam,.�1r� �f t,-, .i. J�a t a�/-`6 { " !1 Arlt! 0.r 40% =1. •Y .4.k,400•41,4••••",heit• „ ,, ,. ;F. "'•i�►t,�' .t , } MS • e ,4 ^ta:A -�f .,+ . 4�w � .Z �� '� ,. 1►I y� r . � �z.. tft A.<ac i , 71 �.r s} ,K ,. r ;{+rs' ''�� • t�•t^ g- '' ! t pr" ala Photo 5: Looking east across the site toward the Villa Balboa Subdivision. t S rt +.,.r4 „be.' .. - - .+try��.+♦ for^#� ._�i _ "� • • • a M y '+ !�.` s '' „. P'I "-:+fir .; `r wry. -! w« °�.,Y� I.-"� ►• � +'�~.. 'q • ,fr t' • �d.6��#� 1'Y1 �+ Photo 6: Looking east/northeast across the southern portion of the site from Linda Vista Boulevard. 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',*x +at� c 3 .... .. ....... a"w ea+•� ._"l...iM. • +� °4 �'+�: .. • ,.�,,• ',� �,••"`fir- ��� i��/��� K ',r` .. � ��,:,i�� �e�X+* ..�.. .4 ,'74',1,...t,,,,•..''�. .'".• i•��,i.; 9�iq�..•�-�''r `?s t,.;tfA Photo 7: Lookin north across the site at the Horizon Heights Apartments. g ., Al,,, . . • .r r g •1a ' l: • Y��. �,+, '`,tia � a y.j '�r � { � ����,. t1 < ,4,....,- '''7.'',.-1.1:1:::::?.1.7.,e;'`::4'.'',V.pi.,,,i.:',Witt6,i;' I,,.',,1';'''''' '''1'''i.4.''iiiit : ', � S 4• � s rh� r s i;1 td ., ,' .'.. ,x Ly . ~i1 ,:IG aiy �”�'1.*:� xi j,: 'J -t ',�: x s. i, °. �'.,r,i r+'F�'s u�,F t #.,�,yj�,�r�r�,„4:.,,,,-;,,,,',‘,74 °� +€ ..,� r i� ,4,:•: 4 s w:r ..........2,,, ---.'4 r.. . Pi, . ,• : ,•,i`- ::. ..it s ' ` . 'g-...... - :.. . ...-,'..,,,,'- ,:-.,..,.: T- •-...'. '''' , .. .1'. ' ', . .4. Photo 8: Looking northwest across the site at the Horizon Heights Apartments. The Tortolita Mountains are visible in the distance. Oracle Road/Linda Vista Boulevard Rezoning 26 Site Analysis Exhibit I.F.2: Onsite Visibility ------- i 0 , ._. 1 • -• . , # #4 0 , 97V • ,k • # # 4 _.._..._. --! ...!•• ' • ' 0 # S 4 .• : i i • i! ,.-------.,;f 0 4,0 V i il 1 't CI i <„ ,/• 1 ; W 1 \----- L '','::------ . # 1 _ _,1 ;. i: • 4.4".* ; i 1:, 0 , -4..---,'I' 1 ' i • .-7, 444•• #4** , • g..s„ * # # , • . : .: ..• , : , i , • . --;.-:-------7,----i . 0 8* * . 1 • • ..... • 8 4 , t! / 8 8 , •-,! ,:,, ___ ,. , •A„ox 8.. i ,, .:i . ;) 1, _,--- LEGEND ON-SITE AREAS OF LOW VISIBILITY ,4111E cc THE NNTNEIRNG l 1 /// ON-DSITE AREvismmrry AS OF f„, illirdi s.CHURCH AVE.,SUITE 1250 TUCSON,AZ 85701(520)823-8148 ON-SITE AREAS OF -,>< HIGH VISIBILITY 04 1001 WV MEL-MT/EXHIBITS/ONSITE VISIBILITY DWG Oracle Road/Linda Vista Boulevard Rezoning 27 Site Analysis G. TRAFFIC 1, Existing and Proposed Off-Site Streets The site is located in the eastern portion of Oro Valley at the intersection of Oracle Road and Linda Vista Boulevard. Both of these roads are paved and functionally classified as major arterials. The nearest signalized intersection is at Linda Vista Boulevard and Oracle Road. There is currently a median along Oracle Road east of the property and a left turn lane is available into Linda Vista Boulevard. a. Existing Rights-of-Way (See Table I.G: Existing Roadways). b. Oro Valley Width Standards Compliance The existing rights-of-way meet Oro Valley width standards. c. Ownership Oracle Road (State Highway 77) is maintained by the Arizona Department of Transportation (ADOT). The Town of Oro Valley maintains Linda Vista Boulevard and Desert Sky Road. d. Right-of-way Continuity The rights-of-way are continuous along the relevant portions of the roads. e. Characteristics of Existing Roadways See Table I.G: Existing Roadways. f. Average Daily Trips See Table I.G: Existing Roadways. g. Surface Conditions See Table l.G: Existing Roadways. h. Roadway Improvement Completion Schedules According to the Pima Association of Government's Metropolitan Transportation Plan (MTP), Linda Vista Boulevard and Oracle Road are scheduled for improvements by the year 2020. Linda Vista Boulevard is proposed to receive a capacity improvement for two additional lanes from Oracle Road to La Canada Drive. Oracle Road, from Calle Concordia to Rancho Vistas() Boulevard is proposed for improvement from 4 to 6 lanes. Linda Vista Boulevard is also scheduled for reconstruction/rehabilitation improvements. Oracle Road/Linda Vista Boulevard Rezoning 28 Site Analysis gMajorTableI-G: Existin Roadways Surrounding Site Street Oracle Rd Lin_ a Vista Boulevard Hardy Rd. Existing R.O.W. 200' 60' 150' Ultimate R.O.W. 200' 120' 150' Travel Lanes 4 2 2 Speed Limit 50 mph 30 mph 45 mph Daily 12 000 Capacity 50,000 12,000 Avg. Daily 47,500 Rancho Viscero- 4,300 Calle Buena Vista 3,600 Calle Buena Vista Trips Hardy 1997 —Oracle 1997 — Oracle 1997 Surface Conditions Good Good Good Bicycle Lanes No No No Pedestrian Ways No No No Oracle Road/Linda Vista Boulevard Rezoning 29 • Site Analysis Exhibit I.G.1 Adjacent Streets and Major Arterials -.-,..i,,,,,--_-_-,,,w,-—,/ ,---- x- ., /2-,-;...,,,, .-..„....,;(....._______,....____,,„„, ,,,......,_-.. .. ,,,.,,. ..,,cl IN\ / / , \ri,./ / , '.----- - ! ,„,., '')1 '.1::i>" , i % 4./,, :r \ ;1( ,.. ----- .L.-.,_;-•:...,2,.'-',-S,3;),V I \""j '1 /`<y 7.;',', -,-.>'-----'---. �.-t▪�--'ti \`,;' • i• .A..75------ ( _'%/'^� ./..i ��-y�Y�: '.-`tet.^J\—_' �.�-'te,.!::,';',';: ,.:1,-i'''..--1' L �•/ •+L_ •-y-._ / �� r- ., �/ �Ll �`Y'f ', ;I,,I:'3..••--�7711•tl-r� rYr•.,L,/ j /:,, ''1?'r��irr-rr, • ,'. •..• \ `/! %/ \ ,,-....--...,.\„ ,,:.:_4.=-4,=1:5-7-1,11-1.,,,w,� i j ~ ` fes.' 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'l r %...:f: .,_.-- -_�,i -- ' _ Project Site !'` "- ...-k"."---\\ --?,i i +i , .-,_/./.'--,-,:..,:\2,--1 ^,� ,.& ,- —r - / i! /1 _if , , �\�•. �:i_.__ ' ,.,..ii•`._ i !,,,f; --: \-,lam_ ,t717._______7.71_ -j("a 1a,;••�,.. i �/�^- ; t / t/. j `.., ,`_, ,... ___.; ry fir--ter ' ,iti�/�-'-T�•' :•_� � LINDA VISTABOULEVARD , tet.* .. t \ ��,: - �,{;. ,-- ROW 60' Ultimate E OW:`120 j --� ! \�/ ()Z-i,------4,,, �. :'-._(-- , `.' `'. • (Existing ,. r .!�',. ���� � .-.�2 ./.,) �; . • ,.-----."--------.-- - ,, i . ': _- i i -— - ' -� , --- Existing Traffic Signal ;I 1 i I (Linda Vista and Oracle) - __.. _- .._..--- F-- -O ; 7. , - WI 3 ' it O ' • a 3 • ------'-------- % • --r— --- ----r--741V-Sr; 0; ,,--r !r —_ • i----�( —,:_ —, , , _.._..._, a!,_...---,- � ! !. • . 4 Y• "` ______:.:::;::__/::,. :-r'.•'`'~�' ' _...'{ __.. _._,/,:=17/ 1-r-r- : -�;' i,-_ `' _ ,....,,,-,..1 -�i /` ' moi • Z ; - '1'� r Y1_------ -. _ � - •L_ , .i— 7 _ \!_.-u/" 4 lam^ ! ,`-_e,/ � \ `I : : \ -1� `-`:-.,....-•:--1--_,,,-%' t ,.....,-..--4,„•••' l, ` ��-. I i __.! �v: .s _ i t.__r ti- ri, / t -4._ � / , - !/ �- p - ;~•^_.j Y i T,s` V ' i >' -'r--- -! - :i r _._... __ : iii . .----_ ,_f-f.---i 1 I _-_i L_______'_______.:1.'1_ • t HARDY ROAD � _- _ .- --- -- 1'�-�_— '.� ----- -. , ; ice' _ -)' ,— THE (#;1'NPLANNING CENTER \ 110 S.CHURCH AVE.,SUITE 1286 TUCSON,AZ 85701(520)623-6148 533 0 500 Feet Oracle Road/Linda Vista Boulevard Rezoning 30 Site Analysis H. RECREATION AND TRAILS 1. Parks, Recreation Areas, and Public Trails There are several recreational opportunities available within close proximity to the project site (See Exhibit I.H.1: Recreation and Trails). The Coronado National Forest is less than 1/4 mile from the site and provides passive recreational opportunities including hiking, wildlife, etc. Dennis Weaver Park, located on Concordia adjacent to Canyon Del Oro High School, provides various recreational opportunities. The Eastern Pima County Trail System Master Plan also identified three trails within one mile of the project site. These trails are presented on Table Trails within One Mile of the Project Site. Table II-D.3: Trails within One-Mile of Site Trail Description Trail Setting Recreational Uses Candidate Trail Trail Wash Cross- Road Utility Linear Whole Foot Horse Mountain Road Trail Map Type Country Row ESMT/ Park Access Bike Bike Code ROW Canada del Oro 2 P X X X X X X X Wash Carmack Wash 183 L X X X X X Linda Vista 226 L X X X Boulevard P = Primary Trail, L = Local Trail Source: Eastern Pima County Trail System Master Plan, July 1989. Oracle Road/Linda Vista Boulevard Rezoning 31 • Site Analysis Exhibit I.H.1: Recreation and Trails �' i .��cc� `� j �!' :i t T t is i i l� ia`♦ t11-----1 .7-\\:1f -, ....r. / yi I t, ./..;/, - .„.., 71 r-t,--1'',.,IrA\I-4-A;C:- .7. ,/) ii/.; (r. \:,=:-.-1„...,___, , . • • i •`I /V, , .,, ; , t, ,j , ,1•--�.; • Zi /\ `•�,,,/ f,, .r ,--, .,...4 �ri e �,�y-,: Site Analysis CULTURAL RESOURCES 1. Letter from Arizona State Museum 1. There have been no archaeological surveys conducted on the site and no previously recorded archaeological or historical resources are known to exist on the site. 2. The Arizona State Museum has determined that there is a potential for the recovery of cultural remains to be located on or near the Canada Del Oro Wash (See Exhibit 1.1.1: Arizona State Museum Letter). 3. The Museum further recommended that a qualified archaeologist conduct an on-the-ground survey. 2. Archaeology Site Study An archeological survey of the site was conducted by personnel from the Old Pueblo Archaeology Center. Detailed results of this survey have been forwarded to the Town of Oro Valley under separate cover and Exhibit 1.1.2 to this document. On September 27, 1999, personnel from Old Pueblo Archaeology Center conducted an exploration of cultural resources on the parcel. The major recommendations and findings from this survey are summarized below: • No cultural materials were observed on the site that would have the potential to provide important cultural resources information. • Old Pueblo recommends that the project sponsor be allowed to develop the inspected parcel with no obligation for additional cultural resource studies unless buried archaeological materials, human remains, or grave objects are encountered during construction. Oracle Road/Linda Vista Boulevard Rezoning 33 Site Analysis Exhibit 1.1.9: Letter from Arizona State Museum THE UNIVERSITY OF `',-- L ` :race Museum ZONA Tucson.Arizona 35721-00=6 TUCSON ARIZONA '520)6?1.6281 FAX,520)621.2976 June 18, 1999 Ms.Hilary Anderson The Planning.Center 110 S.Church,Suite 1260 Tucson,Arizona 85701 Dear Ms.Anderson: The Arizona State Museum, The University of Arizona received your written request to conduct an archaeoloeical records check on 14 acres located in the SE104 of Section 13, T.12S, R.13E G&SRB&M,Pima County,Arizona(see attached map). The 14 acres has not been examined for historic or prehistoric sites. Because there is a potential for sites to be located on or near the Canada Del Oro Wash the Arizona State Museum The University of Arizona recommends that the entire parcel be examined for sites. I have enclosed a list of qualified archaeolo6st for your review should you require their services. Sincerely, J h.a H.Madsen Archaeolosti Note: Pursuant to A.R.S. 41-865 the discovery of prehistoric and historic human +emalins or fianerar: or sacred objects on private lands in _i-izona must be reported to the Director of:he Arizona State Museum(520)621-6281 Oracle Road/Linda Vista Boulevard Rezoning 34 Site Analysis Exhibit I.1.2: Old Pueblo Archaeological Study Report old Pueblo Archaeology Center 1000 E. Fort Lowell Road,Tucson,Arizona NI Address: PO Box 40577,Tucson AZ 85717-0577 (520)798-1201 JAL Mailing An Arizona Nonprofit Corporation Fax(520)798-1966 CULTURAL RESOURCES SURVEY OF 14-ACRE MILLER L.L.C. PROPERTY ON ORACLE ROAD BETWEEN LINDA VISTA BLVD. AND DESERT SICY ROAD IN ORO VALLEY, ARIZONA Prepared by Leon H.Lorentzen Submitted to: Miller L.L.C. do The Planning Center 110 S.Church Suite 1260 Tucson AZ 85701 Letter Report No.99029 September 27, 1999 Abstract AGENCY/LAND OWNERSHIP:Oro Valley/Private PERMIT NUMBER(S):Arizona State Museum archaeological survey permit no. 1999-1 bl PROJECT 111 LE:Old Pueblo Archaeology Center project no.99002.19,Linda Vista/Oracle 14-acre Survey(99SVS#19) PROJECT DESCRIPTION:Cultural resources survey of a 14-acre parcel adjacent to Oracle Road between Linda Vista Blvd. and Desert Sky Road LOCATION: The inspected area is a 14-acre parcel on the west side of Oracle Road that extends for 0.2 mi.between Linda Vista Blvd.and Desert Sky Road,located in the SE'/.of Section 13,TI 2S,R 13E,Oro Valley,Pima County,Arizona. USGS Oro Valley,Arizona(1981),7.5-minute topographic map INSTITUTION/CONSULTANT:Old Pueblo Archaeology Center:Allen Dart,principal investigator;Leon Lorentzen,field director DATES OF FIELDWORK/PERSON-DAYS EXPENDED:September 27,1999/0.22 field person-day NUMBER OF SURVEYED ACRES: 14 acres NUMBER OF SITES LOCATED:None REGISTER-ELIGIBLE SITES:None REGISTER-INELIGIBLE SITES:None PROJECT SUMMARY AND RECOMMENDATIONS: An on-foot cultural resources survey of a 14-acre parcel identified no historic properties and no isolated archaeological artifacts. Therefore,Old Pueblo recommends that the project sponsor be allowed to develop the area inspected for this project without having to implement further cultural resource studies. Oracle Road/Linda Vista Boulevard Rezoning 35 Site Analysis Exhibit 1.1.2: Old Pueblo Archaeological Study Report (cont.) May 28.1996 Old Pueblo Archaeology Center Page 2 INTRODUCTION On September 27, 1999,archaeologist Leon H.Lorentzen of Old Pueblo Archaeology Center spent a total of 1 hour,45 minutes conducting an on-foot cultural resources survey of a 14-acre parcel in Oro Valley,Arizona. The survey was conducted under Arizona State Museum permit no. 1999-l bl for Miller L.L.C. to determine whether any significant archaeological or historical sites are present.The inspected property is owned by Miller L.L.C. PROJECT LOCATION The inspected area is located on the west side of Oracle Road between Linda Vista Blvd.and Desert Sky Road in the SE'/4 of Section 13,T12S,R 13 E,Oro Valley,Pima County,Arizona(Figure 1). BACKGROUND TO STUDY AREA. ENVIRONMENTAL DESCRIPTION The project area is located on the western slope of the Catalina Mountains on the terrace above the Canada del Oro wash. Average elevation is 2,600 feet. Soils in the project area are a light tan sand with white quartz pebbles, classified as part of the Nickel-Latene-Cave Association (Hendricks 1985:107 and Plate 1). The vegetation is typical of the Arizona Upland subdivision of the Sonoran Desert-scrub biotic province(Turner and Brown 1982). It includes mesquite,palo verde,hackberry,catclaw acacia,bur-sage,and prickly pear,barrel,and staghorn cholla cactuses. RECORDS REVIEW A review of the records of the Arizona State Museum(ASM),University of Arizona,prior to the survey revealed that no cultural resource surveys had been recorded in the project area and no archaeological or historical sites were recorded on the investigated parcel. CULTURE HISTORY Recent archaeological studies outside of the American Southwest indicate that humans had arrived at the southern end of South America by 10,500 B.C.and may have been present in the eastern United States millennia before that--as early as 12,000-13,000 B.C. However,the earliest well dated sites in Arizona and the Southwest are those attributed to the Clovis culture,part of a"Paleoindian"tradition dated to about 9,300 B.C. By about 7,500 B.C.the Paleoindian tradition had been replaced or evolved into what is known as the Archaic tradition, in which subsistence was based on both hunting and gathering of wild resources. Paleoindian and Archaic archaeological sites typically exhibit only stone artifacts, because pottery had not yet been introduced into Arizona during these early times and items made of wood and other perishable materials have not been preserved. The introduction of ceramics to the region one or two centuries before Christ marks the beginning of the Formative tradition in which people began to rely on agriculture and live a more sedentary lifestyle. The Hohokam culture,which is the primary Formative culture in the project area,is known for its red-on-buff and red- on-brown painted pottery,elaborate artifacts made of ground and carved stone and seashells,houses built inside of shallow pits,and large communal structures known as ballcourts and platform mounds. Oracle Road/Linda Vista Boulevard Rezoning 36 Site Analysis Exhibit 1.1.2: Old Pueblo Archaeological Study Report (cont.) Mav 28.1996 Old Pueblo Archaeology Center Page 3 Around 1450 the Hohokam tradition came to an end. By the time the first Europeans(Spanish soldiers and missionaries)entered southeastern Arizona in the late seventeenth century the region was occupied primarily by the Sobaipuri and Tohono O'odham Indians,whose material culture appears to have been much less complex than that of the earlier Hohokam. Between 1700 and 1 850 Apache Indians moved into the area and raided extensively, so Europeans did not begin settling the area until after the raiding threat was removed in the 1870s. SURVEY EXPECTATIONS This project's study area was located on the western slope of the Catalina mountains above the Canada del Oro Wash. The area is relatively far from dependable water so was considered an unlikely place for prehistoric or historical habitation sites. However,based on current knowledge of ancient human use site distributions on similar landforms,it was considered moderately likely that small prehistoric resource gathering or processing sites,or limited use historical sites,might be found during Old Pueblo's survey. CULTURAL RESOURCES SURVEY METHODS Complete(100 percent)visual field inspection of the project area was accomplished by walking transects north and south across the property at 20 meter intervals. SURVEY RESULTS Under cultural resource definition guidelines provided by the Arizona State Museum,no archaeological or historical sites were found during the survey. Recent artifacts identified during the survey include small quantities of glass fragments and bottles,cans, fragments of concrete,plastic pipe,wire,and an unfired.32-20 rifle cartridge. All are modern in origin. EVALUATION OF SIGNIFICANCE EVALUATION CRITERIA Archaeological and historical sites generally are not considered significant unless they are eligible for listing in the National Register of Historic Places. To be listed in the National Register a historic property normally must be at least 50 years of age and must be significant according to the following definition: The quality of significance in American history,architecture,archaeology, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials,workmanship,feeling,and association,and: A. that are associated with events that have made a significant contribution to the broad patterns of our history.,or B. that are associated with the lives of persons significant in our past;or C. that embody the distinctive characteristics of a type, period,or method of construction, or that represent the work of a master,or that possess high artistic values,or that represent a significant and • Oracle Road/Linda Vista Boulevard Rezoning 37 Site Analysis Exhibit 1.1.2: Old Pueblo Archaeological Study Report (cont.) May 28.1996 Old Pueblo Archaeology Center Paste 4 distinguishable entity whose components may lack individual distinction;or D. that have yielded,or may be likely to yield,information important in prehistory or history[National Park Service 1986]. SIGNIFICANCE ASSESSMENT No cultural features in the project area appear to be more than 50 years old,so it is concluded that there are no significant cultural resources in the area inspected for this project. EVALUATION OF EFFECTS OF THE PROPOSED PROJECT Development of the inspected corridor is unlikely to have any effect on significant cultural resources. RECOMMENDATIONS Because no cultural materials were observed on the inspected property that have potential to provide important cultural resources information beyond what was assembled for this project,Old Pueblo recommends that the project sponsor be allowed to develop the inspected parcel with no obligation for additional cultural resource studies,with the following provisions: • If buried archaeological materials are encountered during construction,land modification activities shall be stopped in the vicinity of those materials and they shall be evaluated by a professional archaeologist before construction is resumed. • If any human remains or grave objects are discovered during construction,work in their vicinity shall be stopped and they shall be reported to the Arizona State Museum as required by Arizona state law(A.RS. 41-865). Telephone numbers to call in case future notifications are required are: Arizona State Museum(human remains discoveries) (520)621-4795 Old Pueblo Archaeology Center (520)798-1201 Submitted by: Allen Dart Principal Investigator Oracle Road/Linda Vista Boulevard Rezoning 38 Site Analysis Exhibit 1.1.2: Old Pueblo Archaeological Study Report (cont.) May 28,1996 Old Pueblo Archaeology Center Page 5 REFERENCES CITED Hendricks,David M. 1985 Arizona Soils. Centennial Publication. College of Agriculture,University of Arizona,Tucson. National Park Service 1986 Guidelines for Completing National Register of Historic Places Forms. Bulletin No. 16. National Register of Historic Places. Department of the Interior,Washington,D.C. Turner,Raymond M.,and David E.Brown 1982 Sonoran Desertscrub. In"Biotic Communities of the American Southwest-United States and Mexico," edited by David E.Brown,pp. 181-221. Desert Plants 4. Oracle Road/Linda Vista Boulevard Rezoning 39 Site Analysis Exhibit 1.1.2: Old Pueblo Archaeological Study Report (cont.) May 28.1996 Old Pueblo Archaeology Center Pagc 6 r' , r^ 2788 /I /,r 1-/ ' 0 I i ;:-,d , k , L J o -• ravel - „"(" dadG >2712 .;' .T 1. 1 _RGAa_ " • MIIIII BM 2 -- - 2725- a r r ' ; ' U r-- • ; tp l . a 1 '1� .. + z 274 r 1 tr g7....„..,.....,„ 7 1_ (-' \i-,-,-- . , •• _ 1\ \ 4-3 , _ , ., - 71 4v Trailer Park Well I i Ai- ':' y s p28os te 1. .. . -r r • • �� l'i\-' n i ' rI .y � { LANF- {�- 1a . \-/ViW 4N-‘2100,_o �,• ` 'f i -- u Sewage � i - '' •Dispoa,..�:-.• 0U 1i • y • � / 25 •LAMBER r '� - - 25+r r rte'� � -J � '' 3..,..;7.„t ( .> .,,. ...:::1, I _ - G a :';/,�-, . . ..,: �"' '` .mac ••: „, • . (.- . • ... ,...,-- . ._. , „, vg„, i• , ___ ` - ,�?.• ;' e f-- ley . .. . ....:,.►s ,' / J > /' Goy 1 zj Oro Yalta,�..� -_1 1• i.,, ii �fes_ C• _••,r '� �. • •'ROAD• / .....„b , 1 w v-, 3! ,/ ./.14.--:f- ''''''''.. •-• • ;• -',, 7::\r\\ -1".' ' ' S ( d _ 1: _ �� I 6tp tp Linda Vista Blvd. y • BC VL 'ell , r tom, ----- Old Pueblo Archaeology Center /(---- ,a '' Study area iz :„ 0 2000 4000 i 1. .s, / 1E-, • North 1� Scale in feetlow Dennisr Weaver; ` 0 ,WII far ���`�. Canyon del Oro .. - Scale in meters �!' High Schap.. ` , , aQ FEET' --- - -- .. Figure 1 - Copy of portion of the USGS Oro Valley,Arizona(1981),7.5-minute topographic map showing project area boundaries. Oracle Road/Linda Vista Boulevard Rezoning 40 Site Analysis J. SCHOOLS 1. Existing and Proposed Public Schools within One Mile There is one public school located within one mile of the site (See Exhibit l.J.1: Public Schools within One Mile): Canyon del Oro High School 25 West Calle Concordia Tucson, AZ 85737 2. Schools Serving Site (Amphitheater School District) Elementary: Copper Creek Elementary Middle School: Wilson K-8 School High School: Canyon del Oro High School K. WATER 1. Water Company Serving the Site The following information is provided regarding the water company servicing the site: Company: Oro Valley Water Company 1565 E. Rancho Vistoso Boulevard, Suite A Oro Valley, AZ 85737 Contact Person: Carolyn Schneider, Supervisor of Customer Service 2. Provisions for Lack of Service Provided The site is located within a water provider's service area. L. SEWERS 1. Wastewater Capacity Response Letter A Capacity Response Letter from the Pima County Department of Wastewater Management has been included. (See Exhibit I.L.1: Wastewater Capacity Response Letter). This letter states that downstream sewer capacity exists under present conditions. 2. Existing Sewers There are two public sewers located adjacent to the site. As depicted in Exhibit l.L.2: Existing Sewers, 8-inch sewer lines are located in Linda Vista Boulevard and Desert Sky Road. Oracle Road/Linda Vista Boulevard Rezoning 41 Site Analysis Exhibit I.J.1: Existing Public Schools Within One Mile :!` :-fes:.. .�-., /..yr i ,' ' %% \ ` �`'\\ ,fir a-.,._-. i , 1� - _, �--�' /' ! '/ '1 .--r: • %' I� \ �'��` 1[\i•�...- •••-•.,,V.,,,,..17,,,,,,',.:,7: ..: .; ' .r:.'T"'"-`i; •'...t i I't t ~ter--_-_.-�...t` i % �'�1 r `�� �/C •`''- - 77"-'),----.: .rf:.�l'7_r -�j�.7' -y1?r<��y trL:.�'ti'•�:;`-L.,t._.:.:._�� '•`,Li^'•��1 :` r.. ____. L V,—_•F=;:i'__• —,lti•-._._ ... , it t,?7,',",--- -.^. ':'.•. • lei J• j ,, , ^ r ,.'•..,•� �_.� ' --. -.. _y� ;;;ttt=:�- r%"�'i _ ....Zit,: ver'-''` -ter;:_�l.:i.... -•� '•4.• '� ,! `� •y./' - ,,-T-17 rte,:,":".:1 •',,>l- .s•"' '(w--, •'1` �-_„•=-_.. _ 1. ` Y \ /'l i7--,. f/-,/ nom., ` `•! �%� ✓ i"i, l\..7.7w:. .S_L_ ice •� %--- 3.� .-.2;. \v '.._,..''.....;,,;.•,......s., _ - i S✓++�'. —. fir' -:i -----t ---r ui t • - _ ... .....,,.:-.:-_,:::-.--;-_--.7.t.:-..------7-= Project Site I. \'�,•___ / .-- 1 .-•- ----. �_�-`.•t �`` I( !' ' /' ,'.•yam-,,:•'- -__,--. I.--i".7 _ i LINDA VISTA BOULEVARD"'-. --` -:• --..,..,--:::-:"7,--)) i I !+- ". : ' i ' _. --r... Palo o Z .--- i __� ___ _ 0 _• ` Verde ��Christi' y an School li . Canyon Del Oro W Coronado National W Forest M r-- •- -•_ __ High School --'- '-- r_i'- _-._._Z -__--- •-__——_ _ • ` ; W - -,• : T 1, � a ! _._ • _— Site Analysis Exhibit l.L.1 Wastewater Response Letter T>' . _ . '4 .1 plce-` PIMA COUNTY WASTEWATER MANAGEMENT DEPARTMENT 201 NORTH STONE AVENUE TUCSON.ARIZONA 85701-1207 GEORGE A.BRINSKO PH (5201740-6500 ❑ireclor June 21, 1999 FAX (520(620-0'35 Hilary Anderson The Planning Center 110 S. Church, Suite 1260 Tucson, Arizona 85701 Re: CAPACITY RESPONSE NO. 99-56 Dear Ms. Anderson: We have reviewed your request of June 9, 1999 regarding the availability of sewer service for the following proposed use and property: A mixed-use commercial development on 14 acres at the northwest corner of Linda Vista Boulevard and Oracle Road. Under existing conditions (actual developments and commitments for service through approved Sewer Service Agreements), there is capacity for this proposed development in the downstream sewerage system and in the existing 8- inch diameter sewers located in either Linda Vista Boulevard or Desert Sky Road. This response is not to be construed as a commitment for conveyance capacity allocation, but rather an analysis of the existing sewerage system as of this date. Should you desire to enter into a Sewer Service Agreement (SSA), a Development Plan or Tentative Plat, showing the preliminary sewer layout for the proposed project, must be submitted and approved. An SSA, with a two year termination clause, is issued when we are satisfied that the development can proceed in accordance with those planning documents. Should you desire additional information regarding this subject, please contact this office (740-6547) . Very truly yours, // Glenn W. Hitz, PA. Civil Engineer Copy: Bob Decker Steve Magelli Capacity Response File/121313 Recycled Paper Oracle Road/Linda Vista Boulevard Rezoning 43 Site Analysisers Exhibit 1'1-.2: Existing Sewers ,..., , ,,I..,,,,•: :::— ..,_, ,,::-...,:::,-,.-_______ _ : 1 , line). ,.., ...--:. ..._ , . 1 sewer ,.._ •1 ... ..... .,......, . , i ( -inch , .. .,..,:,-„,,,,,,,i, •' ,\ 1.7-- ROAD • iii':,::,';',.!4:.'''''''.1.1c:.'; ''':;:-::::-.' • ' DESERT SKY .7----;1\ !! 1 1 '''Oi:::,•'.';',:::::'''';j;'1.::3:1.'!:: ::,;C::.:,•:::':' ' : `;\ ,......,....,- • • ! I 1; ''''L-j,--• • 7 : ,,.,... , , -1 g ._...‘, }INN.N. .,., .7.'.:•. -:. . .:'(,',.‘, Ili , ,-- _ ,...„, , . ,-„, •7---,---,7{, --, . .,,:-'1.---Z.,. 0 ! _-•.. . , ,' .,. •••••.<1:. ' :::. ; ,--71--7- 14.-- )----.,,, . ,::- .:ti...-ifi !:..1,..,;::::-,.,•::. :''. 4 ±' 1 1.f7 'l t .....,.., ' ..:1 ! .',' i:*i ,.,. , , ., , ,..7 !Rt.i.'.'.''',:, .'':r..'':'• .:::. : ' /n , '. ' ' ., 1 i 1 ;S'.:. ''•A''4il;,''.::: (1'11T ,'"' .., 1 , 7 j . _,_--1! it --- ... - .." ...,.. , ,;.-------' 1 , -. 4.",:; ,:,.1*-4,,,t.',',-):: :;:!. -- N. : . L....— _ , , 1 ....„ s ......j i ,, : . t....4.-,-,„ 11,,.' 7 -- • - • ,-• ). '''' -- 4% tiltlf ---/ ,,,,--- _,. • ...__,-L----,,! ---- i---7 ',L..siotoriitti-lii-,4"kl: - li .._.- ,,, t __ 1 . . ,--- !---,,,-! ;,-,, ,4,..0-1,,,,..., . ,_-----,,, , ! : , - - - 7 --1. . .line) - - , . ,_. • r e _ , 1 ' • L_- , w , ,...... _ _ 1 , - • e • • (8-inch s BOULEVARD __ ia_ • 4111--- —4, NiDA-1ASTA•_.----- LI ,...., ..,.__---_---, (1‘,BII°n THE PLANNING CENTER "5cHURCg= suITEi261 TUCSON.AZ i2°)"3-'4" 44 Oracle Road/Linda Vista Boulevard Rezoning Site Analysis M. COMPOSITE MAP Exhibit 1.M.1: Composite Map depicts a summary of the following information: topography, hydrology, vegetation, wildlife, and viewsheds. This map is intended to show the cumulative number of characteristics that apply to specific locations on the site. 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'-'_♦=_=--ma=x=-.�� -_•--zip'.-"-.=..:._.='.=.._�- -_- __e VeC.41 Pe.Atre"4 -7(I ': 1'. , '!,1 1 4 k."r. w4i r•Ak",0 r.A♦♦♦-J- i ' ►1 * : ;i , • •.". ...... S.".....4 t 48 t 7-4-'-.2 0 S /10"144PWS."V" ♦♦♦♦♦ ♦ ♦• ♦♦ ; S ;,t-.J ' ♦♦♦♦♦♦ ;♦♦♦♦♦♦:1 , 40#4,.1-0".."." ' i♦♦♦ ♦ ♦♦♦♦♦♦ =+ 0.***4".........."-.A?2),P ';- .� ♦ ♦♦ � Al__- --.7.'77---7----,77'• +♦♦�.♦ - -+ ♦♦ ♦ __ �r_.-+ r.l:_i ��-3��_ - _ .� ;�q-� . _ � .may. LEGEND rojSLOPES GREATER THAN 15% NOTE: NONE THE 5 PLANNING ��� oN-SITE AREAS OF �CENTER , AA A HIGH VISIBILITY 6.1 1103.CHURCH AVE.,SUITE 1260 TUCSON,AZ 85701{520)823-8146 0' 100' 200` MIL-OiT/EXHIBITS/COMPOSITE.DUG Oracle Road/Linda Vista Boulevard Rezoning 46 Land Use Proposal SECTION II: LAND USE PROPOSAL A. PROJECT OVERVIEW 1. Requested Zoning Boundaries The proposed zoning is CN (Neighborhood Commercial) (See Exhibit Proposed Zoning Boundaries). 2. Characteristics of the Proposed Development The proposed project will be a Professional Office Center including such uses as: • Single-story office complex. • Family restaurant • Bank or financial institution • Other retail/service uses. The 14.28-acre site will be arranged in a series of 10 building pads with a total of 126,665 square feet of commercial space. This building arrangement utilizes common driveways and is designed to encourage interaction between the different commercial uses and to create defensible space. Landscaping and other techniques will be utilized to minimize the impact to adjacent developments. B. PRELIMINARY DEVELOPMENT PLAN 1. Development Plan The Preliminary Development Plan is shown on Exhibit 11.6.1 and is provided on an acetate overlay within the pocket at the end of the report. The gross area occupied by this development is 14.28 acres. 2. Support Data a. Gross Floor Area: 126,665 square feet b. Building Height: Not to exceed 18 feet c. Number of dwelling units: Not Applicable d. Residential Densities: Not Applicable e. Parking Spaces: 749 f. Type of Landscaping: Perimeter landscaping along Oracle Road will Oracle Road/Linda Vista Boulevard Rezoning 47 (Rev. 3/7/00) Land Use Proposal be a minimum 30' wide streetscape. Landscaping adjacent to Linda Vista Boulevard and Desert Sky Road will be a minimum 20' wide streetscape. Along the western property line, perimeter landscaping will be 40' wide. The bufferyards will be consistent with Bufferyard "D" requirements of the Oro Valley landscape standards. Oracle Road/Linda Vista Boulevard Rezoning 48 (Rev. 3/7/00) Land Use Proposal > , :,_,.,T c_____---. !, - _ -. _.__.____...t ._._...... ---•„r7-7 -- -7-1 - , 1 ' _�............. (.. . iii; Y r� oi ll'iI d * mp „ ---,,..L..,,-...i.1,1=._______=___,.-_,_,.7.7.1.7...,4„.. 9,i+1.�, �{�� � ii; i q �, �1. pq ii 11 � f �,�ti I al'i 111‘011 .‘171 I I W i i _ ��0.1 1 r.�� /��-�� ' -1 :R 1!- . 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'. •::', ' 1,,, \ k c % - KN,‘C 1=15, --V-I,d ID flf: le : ., � .. 4 a ala L ',11! a ,•---------2,1 --',,,,a, w '+ .- i-'' i 2 i 4: \ E. ..„.. ;.; hi/j. --,, \-...-.:_:---. , .- 1 , *4 ii 41%;-1 I.:-i IP, 110- '; ' t a 8 :; iv h. ,....:.il., s, ,,-,.......__7_ , I , ,., igk a rA ,__<>1 " ..... rig& R EQ g — '., tr l'"':. - e ti, , it. 7 , - Leti---- 1 ' - • t. v,-- - .,,..:1 h g p .111 11 ;1!INtrra t, ...,:____., - .. §r ---\1"x'1- -...'---,' .., N,44 i 0,3 ,-�r 6 ,/' : 1.1'' y .-7. i, .110.:-.-' Ihti.',I .."CL., C � 7- 2 . if ..ON I" P n r, t f- \rid 1 1 I J , 1 y ! , , , , IA_ „,,. . . m \ • 0 i Ci . I. t" -1' -' ' . .- - - . ' AV .11 .2 r i ..... , ....., ......lisiai.e it.........,—,...... ._..--,--........ -i,„. 1 -- 10--1--°*-- �� / '"'-- 1-. - -DST MCI'v1.111V• �� .........._...r ..-�1 ' a i 31 ig ; q.T. il 'Afr i l ; 1111:11111111111 I t , 8tii1 itili A ,Iill A a , ',,,..1 i J 1 s rill 1 .v.ta,-6, I i iihsli filiZ 1 1 I i t > l' ; lid i f- 1> E.:6 r—c—i i;i1:1A ill,..- -;- !I.:- § , 1 r2<7 ;PO NP;g 4 0 AI.',z ; ! .... i igli rife ir!I - 1 leg 1 -5 "1 H. ril.:',1•2 i 6 0 g §i 9 , 11.22IIEC2 883 s 9,44 iiii 1 g -, -.,,, z• . --, 4p;„•-6- ,MCP.• Bil I '""°I-- -'.' %:: ; 1111 "'!i a i i 4! a !.11-,tg, ... .18 ',' ,.-"' 7 - i"Iiii 8 . ciAA- 'T, 5 m t '-' Lo i o ii 0 ! lia a rx 5 - Oracle Road/Linda Vista Boulevard Rezoning 49 (Rev. 3/7/00) Land Use Proposal C. EXISTING LAND USES 1. Effect on Existing Uses The site is currently vacant undisturbed land. The proposed development will impact the entire site (See Exhibit I.A.3: Existing Zoning within 1/4 Mile). Landscaping and other techniques will be used to minimize the impact to surrounding properties. Vegetation consisting of drought resistant plants will be added to the site and the required bufferyards. 2. Comparison to Existing and Proposed Land Uses within 1/4 Mile The area within a quarter of a mile of the site consists mostly of high-density residential and commercial uses. The 14.28-acre site, zoned R-144 Single Family Residential, is currently a vacant parcel containing no significant features, such as unique vegetation, wildlife, or scenic qualities. The site is bounded by Oracle Road and commercial uses to the east (zoned C-1, Commercial); Desert Sky Road, adjacent apartment complexes (zoned R-43, Single Family Residential), and vacant land to the north (zoned R-6, Apartments); Linda Vista Boulevard and vacant land to the south (zoned R1-144, Single Family Residential); and townhouses to the west (zoned R-4, Townhouses). Other land uses and zoning within a quarter of a mile of the site include a private school and single family residences. D. TOPOGRAPHY 1. Development Plan Response to Topographic Conditions The relatively flat topography on the site precludes the need for engineering and design features such as retaining walls, riprapping, or special drainage techniques. Graded areas along the project perimeter will be re-vegetated with required landscape buffers. A 404 Compliance form shall be included in the drainage report. 2. Development of Slopes 15% or Greater As indicated in the Site Analysis portion of this report, there are no areas with slopes greater than 15%. 3. Hillside Development The project site is not subject to the provisions of the Hillside Development zone ordinance. 4. Areas to be Disturbed Of the site's 14.28 acres, 11.99 acres (84%) will be graded. Oracle Road/Linda Vista Boulevard Rezoning 50 (Rev. 3/7i'00) Land Use Proposal Exhibit II.D.1: Grading Plan _�B► :--_<-__,_,.,. - `�'�'� ice. -•1 ` ,, `, i _ ,._,_ '\ i l . tj f 1. 1 ( ..��. ,.r �.S ;tai •�,•`•t;��f, ( /` • 1 ''., 1 y '., ., ri / ,,, /I t i J ifi'• i , ...s, ,,, ________,—, .. t hi, ( ,,,y,\,...1 • ,,..--,----? 1.' .'.„ „. ,--''. / : .„7 : / , ; ,iii / y iki,,,,..,, ..7-7- 1,)I ./...-- .' i i,V. /..-/ '.72'..-.,7-:-A'y--,' '. :' WI III.,!i. I I: 1 Ii 1 V' • I•,' 1 / 1( i t 'i �. 'fi, I r tik % V i1 ;ii t ''''..4--.. • / r 1 I, I i jc'.. .. / ,-; i ,' i ,i _ , • D.,,,, , i : ;../.. rr r 1 jl 1 •j! 1% i 1 I I( �' 1 i j; j ". , ,I, t Iii; 1 I .- J t '1' 'I •j I`` 'R I + 1 I. 1 Ii A i //� " i /I I 1I rl • ..2„...--.../, , I ,1 ( 1'j t 1 1 '0 .sem 1 •I; �' i 1 ' . t ,a L., :,k, .! . , :___ ;1,.. , _ ,_,- , .,,, . ,•:,•., / t f ' • I I I _ I/ : fi {c � I I 1 t j r.- 1 1 ,�,i '. t'r ii I i i � ill I f I I 1 :r` #i . _ I ; i lj r t ' - r ,f e • --''':d;1 „.1 ,,, , . i : , ..), ./ , , " ., /1, i 'i I L. ) i ,ii if I ri 1. t 11 ...i.... --. ---, '' — I i ,....._ L -,„,,,,_...17"5-7-:---...i .1.-.TI.-,1-,-t------------- ------.') LEGEND -\ PLANNING CENTER 110 S.CHURCH AVE.,SUITE 1260 I/7/(///i 7 AREA TO BE GRADED TucsoN.AZ 85TD1[520)823-8148 01 100' 2001 NOTE: ENTIRE SITE INTERIOR OF BUFFERYARDS imaillin imammilli MI!_-01 T/c_xHI RI T S/GRADING.ING WILL BE GRADED Oracle Road/Linda Vista Boulevard Rezoning 51 Land Use Proposal E. HYDROLOGY 1. Preliminary Development Response to Hydrology According to the Riverside Terrace Area Basin Management Plan the site is subject to detention requirements as described in the Pima County Stormwater Detention/Retention Manual (PCSDRM). This site requires a threshold retention capability equal to the volumetric difference between the existing developed five (5) year storm event. Calculations indicate that this volume, along with the online detention requirement, will be approximately 38,400 cubic feet or 0.88 ac. ft. 2. Modifications to Site Drainage Patterns The discharge rate for this site during the 100 year event is approximately 74.5 (cfs). As displayed on Exhibit l I.E.2, three detention/retention basins will be utilized to meet the detention/retention required. The discharge rates from these three basins will be equal to or less than the existing discharge rates for the respective points of concentration. 3. Drainage Impacts to Off-site Land Uses The finished floor elevations should be situated no less than one foot above the 100-year water surface elevation for the adjacent drainage basins. As a result, the amount of discharge onto off-site land uses should be equal or less than the existing rates. 4. Location of Engineering and Design Features Used to Mitigate Drainage Three detention/retention basins will be used to mitigate any increases in drainage flow associated with the proposed development. These basins are depicted on Exhibit I I.E.2. 5. Conformance to Area Plans, Basin Management Plans, and Town Policies The Preliminary Development Plan will conform to all town policies. Oracle Road/Linda Vista Boulevard Rezoning 52 (Rev. 3/7/00) Land Use Proposal Exhibit 11.E.1: On-Site Hydrology .---":7""--i- _.-- \ 1 r -. A1 1 �� j' . .,tlte I I r'i' I .. ._____,. ii i,j •6 1`,,r! • , -.• ,,......, , .,,,,,,,!1,4, • ��� �I �� •\ , ���` �``` 1\„.., „wit ! • % i tai 111I!,'. -, ,ts Q EXIST.=16.6 CFS 1- ! ` too " I ,,ii ,---- 4.(� DEV=4 CFS ! 1� U :� - ,1..—; •, ,!; "100 ' s' ; ? . ` -'� r 1' I L., j j I • .. ; ...- ,.- 7-'-. i t all I I r / I,Ite • _f' o. .I! `--- 7/ • II i•! i' I.i ,i1t; 1 i 1. : ,':. Q EXIST.=37.2 CFS,_.(4±1i lit ; i 1 too11 ) , Q,�DEV 37.2 CFS ,�� .===t)-->::'- --� :�- _ , 1 ti I -. '_�"i ( L /l ' .� �^ - z `~_::t. • ' 1l,!l\a!t 1111,'. N ta" /.1 ./ ....P ',v;.' ,.:.,1 r• ; .,---- ir ,,,.,,, ,,, ,,,,,,I:di ,, , :, __...2,,, .„ / „ ..— ._:.. • I. `f Q EXIST.=6.8 CFS '', i +'I`1 � .i• Q,„,, � i` ! li "'1 \o y, —6.8 CFS i,' r �• I i ! `, ! i ' / / ' • f 1!•;i i •• i :t;1 I • j , ����.. • r I �. I /i ice.._ i . , i 11 TOTAL BASIN VOLUME= „,--_,-. .---t!: /I J - ” s. 1 66,500 FT1=1.54 AC.FT.± ' -. 1 1. e i .: ( ; " -'' '',.,,:.. ' . . . , • 1 ' I;1 hi icl Q,„EXIST.=4.2 CFS. I i : i i j,(j i i i' I r t 1` 1'i ! Q,„DEV=1 CFS :\ �' '' /' ! ' ,, 1. a 1 11 f 'I ! ) t t + - r I ___,7 / I {. `li r ! •• 4 Ji 41 4, / ` ;1 I .7„;, 1 4 i 1 1r+; ——._1-fir !I' 1'I-,_ �' .!�• = 'I • � '! `I /�� I i' 11i ? i • +1 ' -, 1. , I !/ i y i i • ,,, 1 :, ' ,. • , • _, r 1i i 1 i, 1 1 I Vir,. i 1 1 Q,„EXIST.=24.6 CFS 1 ,I - `. I . { , ) Q, DEV=19 CFS f 44 1 I . I I 1 +I II / ' i R ( c • i i i! is 1 : /. / - _ -� j • ij ;y • 1! 1' / 1 r , CD (çTHE C15 PLANNING 110 S.CHURCH AVE.,SUITE 1280 TUCSON,AZ 55701(520)823-8148 a100 200' 61111111111.11161111111111111lai MIL-OIT/EXHIBITS/HYDROLOGY.DVG Oracle Road/Linda Vista Boulevard Rezoning 53 Land Use Proposal F. VEGETATION 1. Response to Vegetation Density The proposed site does not include areas of high vegetation densities nor does it contain any threatened or endangered species. The proposed project will comply with the Native Plant Salvage requirements as stated within Section 14 of the Town of Oro Valley's Zoning Code regarding plant salvage and mitigation standards. Although the vegetation densities are not significant, there are areas of vegetation that will be incorporated into the plan along the frontage, and in the detention area and bufferyard to the west. Efforts will be made to preserve viable specimens. 2. Recommended Mitigation Measures a. Mitigation Measure: A full mitigation plan will be developed as required by the Native Plant Preservation Ordinance. G. WILDLIFE 1. Habitat Disturbance No area of significant wildlife habitat exists on site and improvements on the site will not impact any riparian corridors. H. LANDSCAPE BUFFER PLAN 1. Techniques to Mitigate Impacts of Proposed Development Appropriate setback and landscape plantings will be provided along the perimeter. (See Exhibit 11.1.1: Landscape Buffer Plan) The proposed bufferyards are as follows: • North: 20' Bufferyard "D" • East: 30' Bufferyard "D" ■ West: 40' Bufferyard "D" • South: 20' Bufferyard "0" Oracle Road/Linda Vista Boulevard Rezoning 54 (Rev. 3/7/00) Land Use Proposal Exhibit 11L1: Landscape Buffer Plan 1 v ,-----) _20 ' 1 ti I 3 a `` L ,, o � b a I 11 J -4, , c ) _ — , , ci ____, I_ --,___ O O ,, - = o ] c, 1 0 I P J 1 ,I 40'-;- Li fi, p n U U H ', 1. r j --, :0, J..1,_ ,I r C \ 'I , L x H: ci1 •t 30 .. ri !, T `i - : ' Pi - , H -, I I ...._---_,...Ni , r i U I _____„,./-7-; o t c� 0 1 1 1 ' , t, r i O O -,-1 ' 7 if---1.1 IJ l J c= = I r U � 1 I 1 I 1 y , o 0 1 ----- 1 1 - <tel, ,j: j 11 �7 f,ri---, ' , , ` __,2 : j ( I 1bL_.:-. , , p ri,f 1 -- / I t____\2N I I 30 FUTURE v REIT O F WAY \ J, i LANDSCAPE BUFFERYARDS: EcTioEpirrniG EAST: BUFFERYARD "D"-30' 110 S.CHURCH AVE.,SUITE 1280 TUCSON,AZ 85701(520)823-6148 NORTH: BUFFERYARD"D"-20' 0' 100' 200' WEST: BUFFERYARD"D" -40' `1����r SOUTH: BUFFERYARD "D"- 20' MIL-01T/EXHIBITS/LSSUFTE4.DWG Oracle Road/Linda Vista Boulevard Rezoning 55 (Rev. 3/9/00) Land Use Proposal VIEWSHEDS 1. Mitigation of Impact Views and vistas not affected by existing structures adjacent to the site will be minimally affected through selective placement of structures during the site planning process. Structures and parking shall be sited in such a manner as to maximize both existing viewsheds and natural site characteristics. Vistas of the Catalina Mountains to the east from the adjacent subdivision on the western side of the property will be somewhat affected by this project. 2. On-Site Visibility Existing high visibility areas along the perimeter of the project will be landscaped per Oro Valley landscape standards 18.73. The entire site will be graded for development and landscaped as required by Oro Valley. The planted bufferyard area between Oracle Road to the east and the project will soften the impact of the proposed structures. J. TRAFFIC (A complete copy of this report will be provided under separate cover). 1. Access Points Three access points are proposed onto Oracle Road, one access point onto Linda Vista Boulevard, and one access on Desert Sky Drive. Oracle Road is controlled by ADOT and access to the property from Oracle Road will need to be approved by ADOT and constructed according to ADOT standards. 2. Off-Site Road Improvements According to a Traffic Impact Analysis report developed by Paul Steiner of PFS Traffic Engineering, several off-site improvements are suggested. One recommendation is for the installation of a third lane southbound along Oracle Road from Desert Sky to Linda Vista Boulevard be initially used as a right-turn lane. Furthermore, along the property fronting Linda Vista, the developer shall dedicate 30' of right-of-way as part of Phase 1 of this project. Linda Vista will be widened to the west property line of the project. At Oracle Road and Desert Sky, consideration should be given by ADOT and Oro Valley to prohibiting the eastbound left turn. The left-turning volumes are low now because of the difficulty motorists experience turning left onto busy arterial roads. Level of this movement will continue to decline (with increasing vehicle delay) as Oracle Road through volumes continue to increase with time. Oracle Road/Linda Vista Boulevard Rezoning 56 (Rev. 3/7/00) Land Use Proposal 3. Change to ADT and Level of Service This section was prepared by Paul Steiner of PFS Traffic Engineering. The following table shows estimated ADT for the proposed uses and the AM and PM peak hour estimates: T T Building Use Measure Daily AM Peak Hour PM Peak Hour Number Trips In Out Total In Out Total 2 *Drive-in i 10 2,652 71 56 126 274 274 548 Bank 9 Restaurant 7.24 ksf 944 35 32 67 47 31 79 1 Offices 14.275 157 20 3 22 4 18 21 ksf 3 Offices 13.5 ksf 149 19 3 21 3 17 20 4 Offices 7.2 ksf 79 10 1 11 2 9 11 5 Offices 42.8 ksf 471 59 8 67 11 53 64 6 Offices 7.2 ksf 79 10 1 11 2 9 11 7 Offices 13.5 ksf 149 19 3 21 3 17 20 8 Offices 4 ksf 44 6 1 7 1 5 6 10 Offices 14.25 ksf 157 20 3 22 4 18 21 Office 116.725 1,285 161 22 182 30 144 174 Sum ksf Site Totals 4,063 261 117 377 156 255 411 The following information was used in estimating these figures. AM Peak Hour PM Peak Hour ITE Land Use Daily In Out Total In Out Total Code Trip Rate 710 General 11.01/ ksf 1.3782 0.1872 1.56 0.2533 1.2367 1.49 Offices 832 Sit-down 130.34/ 4.8204 4.4496 9.27 6.516 4.344 10.86 Restaurant ksf 912 `Drive-in 265.21 7.0728 5.5572 12.63 27.385 27.385 54.77 Bank / ksf *Drive-in Bank is a "worst-case scenario" for which a Conditional Use Permit would be required. A series of capacity analyses were conducted for the 2003 total traffic volumes for both peak hours at study locations. The locations under study were: Oracle Road/Linda Vista, Oracle Road/Desert Sky, Oracle Road/Driveway C, and the site driveway connections to Desert Sky and to Linda Vista. The analyses assumed that a third lane had been added to southbound Oracle Road from north of Desert Sky to the existing right turn lane at Linda Vista. This third lane Oracle Road/Linda Vista Boulevard Rezoning 57 (Rev. 3/7/00) Land Use Proposal provides an auxiliary right-turn lane for movements at Desert Sky and all three driveway connections to Oracle Road. Additionally, the analyses assume Linda Vista Boulevard to be four lanes wide from Oracle Road to the site's driveway connection to Linda Vista. This widening will provide two approach lanes to Oracle Road and two westbound lanes. The northernmost westbound lane will provide for westbound right turns into the site. At Oracle Road/Linda Vista, with the current phasing plan, in 2003 for the morning peak hour, the intersection level of service is incalculable. This happens because the southbound through volume is so high (2,772). If the phasing were changed so that both Linda Vista approaches were on the same phase, the intersection LOS would improve to D. For the afternoon peak hour, with both Linda Vista approaches on the same phase, the intersection LOS would be B. At Oracle/Desert Sky, for the year 2003 morning peak hour, the eastbound left turn is at LOS F and the eastbound right turn is at D. Northbound left turn is calculated to be at F. In the afternoon peak hour, the eastbound left turn (with zero volume) is indicated to at F and the north- and southbound left turns on Oracle Road are also F. Again, note LOS of F for southbound left turn with zero volume. Regarding the site driveway connections to Oracle Road, Driveway D C was selected for analysis because it has the largest turning movement volumes. In year 2003 morning peak hour, the eastbound right turn existing onto Oracle Road will be at LOS C. In the afternoon peak hour, this movement will also be at LOS C. At the site driveway connection to Desert Sky, level of service will be A for both peak hours. At the site driveway connection to Linda Vista Boulevard, level of service will also be A for both peak hours. 4. Minimizing Traffic Impact on Local Streets The project will be utilizing Oracle Road as one of the access points. Since primary access will be provided on a major road and since the site is located at an intersection, the impact to Linda Vista and Desert Sky will be reduced. 5. Bicycle and Pedestrian Pathways The developer will provide a full pedestrian circulation system (i.e., sidewalks) to all commercial buildings within the proposed project to allow free and safe access to and throughout the site. No separate, dedicated bicycle paths within this site are proposed. 6. On-Site Rights-of-Way There are no proposed public or private streets within this development. All vehicular areas will be used for parking, service drives, general access, and ingress/egress purposes. Oracle Road/Linda Vista Boulevard Rezoning 5 8 (Rev. 3/7/00) Land Use Proposal K. SEWERS 1. Method of Providing Sewer a. No on-lot sewage disposal will be utilized. This project will connect directly and exclusively to the public sewer system. b. All sewers are already in adjacent public right-of-way or sewer easements; therefore, no off-site easements or rights-of-way must be obtained in order to effectuate this project. c. Sufficient public sewer conveyance capacity exists and no augmentation must be completed in order to effectuate this project. 2. Location of Collection Sewers No collection sewers are to be located in areas other than paved public or private rights-of-way. An on-site private sewer system will be located beneath paved areas, connecting to public sewers presently in place within public rights-of-way or existing public sewer easements. 3. Sewers along Washes No sewers will be located in natural areas or along washes conveying more than 500 cubic feet of flow per second. L. RECREATION AND TRAILS 1. Recreation Areas Recreation areas will not be provided as a component of this project. 2. Ownership of Open Space Not applicable to this project. 3. Access to Off-Site Public Trails Access to off-site public trails will not be affected by this project. There is a trail on Linda Vista that is designated on the Pima County Trails Master Plan. It is located directly adjacent to the project site. A connection will be established between this trail and the site. Oracle Road/Linda Vista Boulevard Rezoning 59 (Rev. 3/7/00) Land Use Proposal M. CULTURAL, ARCHAEOLOGICAL, AND HISTORIC RESOURCES 1. There are no archaeological or historical resources that are known to exist on the site based on a records check and site survey. However, based on what is known of the general area, there is potential for the recovery of cultural remains. 2. If cultural resources are found, a cultural resources mitigation plan shall be submitted at the time of, or prior to, the submittal of any tentative plat or development plan. N. SCHOOLS Not applicable to this project. O. WATER 1. Statement of Water Service The Oro Valley Water Company will service the proposed development(See Exhibit II.M.1: Water Service Letter). Oracle Road/Linda Vista Boulevard Rezoning 60 (Rev. 3/7/00) Land Use Proposal Exhibit 11.M.1: Water Service Letter �♦q. "'•t ``:' 1,� '"' 4- TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE ORO VALLEY ARIZONA 85737 ,, r ., ,�► '' Administrative Offices(520)297-2591 Fax(520)297-0428 `JUN D E O L E , f .. June 15, 1999 Hilary Anderson The Planning Center 110 S. Church, Suite 1260 Tucson, Az. 85701 Ref: Proposed 14- acre development at NW cor. Oracle and Linda Vista Dear Hilary, In reference to the above please be advised your water design engineer needs to set up an appointment with this office to discuss and reach agreement on the water system to serve subject development. There are existing water mains in both Linda Vista and in Dessert Sky but it appears they do not extend all the way up to subject property. Therefore, we need to discuss main line extensions, looping water mains, fire low requirements, and backflow prevention. Also, depending upon the time of year for actual construction, there may be restrictions on the amount and/or rate of flow for construction water. If you need further information at this time, please feel free to give us a call at 297-5225 and ask for Froilan H, Cola. • You = ruly, 7.:7e roilan H. Cota, P.E. Project Manager Oracle Road/Linda Vista Boulevard Rezoning 61 Land Use Proposal Appendix A: Bibliography Critical & Sensitive Biological Communities of the Tucson,Arizona Area. Pima County Department of Transportation and Flood Control District, Tucson, AZ, Aug, 1986. Desert Plant. David E. Brown (ed.). University of Arizona: Tucson, AZ. 1982 Flood Insurance Rate Maps, Federal Emergency Management Agency, Baltimore, Maryland. Floodplain Management Ordinance No. 1988-FCI for Pima County Arizona, adopted by the Board of Directors, Pima County Flood Control District, April 26, 1988., Pima County, Arizona Department of Transportation and Flood Control. Stormwater Detention/Retention Manual, Pima County Department of Transportation and Flood Control District, City of Tucson, 1987. Wildlife Habitats in Tucson: A Strategy for Conservation. Shaw, William, et. al. School of Renewable Natural Resources, University of Arizona, Tucson, AZ. August, 1986 Zoning Code, Town of Oro Valley. Adopted March 13, 1981, Ordinance No. 58. Revisions, April 16, 1997, ordinance No. 97-15. Oracle Road/Linda Vista Boulevard Rezoning 6? (Rev. 3/9/00) Land Use Proposal APPENDIX B: CACTUS FERRUGINOUS PYGMY OWL SURVEY Oracle Road/Linda Vista Boulevard Rezoning 63 (Rev. 3/10/00) CACTUS FERRUGINOUS PYGMY-OWL PRESENCE/ABSENCE SURVEY ON 14 ACRES IN ORO VALLEY PIMA, COUNTY, ARIZONA Prepared for: Mr. Richard M. Kleiner Prepared by: Thomas Olsen Associates, Inc. January 5, 2000 PICOR CFPO Survey, Pima County, AZ Thomas Olsen Associates, Inc CACTUS FERRUGINOUS PYGMY-OWL PRESENCE/ABSENCE SURVEY ON 14 ACRES IN ORO VALLEY PIMA COUNTY, ARIZONA Prepared for: PICOR Commercial Real Estate Services 1100 N. Wilmot, Suite 200 Tucson, AZ 85712-5198 (520) 748-7100 Prepared by: Thomas Olsen Associates, Inc. 110 S. Church Ave. Suite 1260 Tucson, AZ 85701 (520) 623-2800 January 5, 2000 PICOR CFPO Survey Report 2 PICOR CFPO Survey, Pima County,AZ Thomas Olsen Associates, Inc TABLE OF CONTENTS INFORMATION SUMMARY 4 SITE DESCRIPTION AND VEGETATION 4 RESULTS 4 LITERATURE CITED 5 APPENDIX A: Site Data Sheets 7 LIST OF FIGURES AND TABLES Figure 1 : Location Map 6 PICOR CFPO Survey Report 3 WICOR CFPO Survey, Pima County, AZ Thomas Olsen Associates, Inc INFORMATION SUMMARY Thomas Olsen Associates, Inc. (TOA, Inc.) surveyed approximately 14 acres in the town of Oro Valley in Pima County, Arizona, to determine presence/absence of the cactus ferruginous pygmy- owl (Glaucidium brasilianiam cactorum). The property is located on the northwest corner of Oracle and Linda Vista Roads. Survey protocol (methodology) developed by the Arizona Game & Fish Department (AzGFD) in 1993 and 1995 was adopted for this effort. The property was completely surveyed one time. Afternoon surveys began one hour before sunrise until two hours after sunrise. Two (2) hours of surveys were conducted by broadcasting taped Pygmy-owl calls on December 21, 1999. Calls were broadcast from eight (8) calling stations 100-150 yards apart. Biologists broadcast taped calls for 30 seconds and listened for response. Calls were repeated every 60-90 seconds. Time spent at each calling station ranged from 9-15 minutes. SITE DESCRIPTION AND VEGETATION The survey area is at an elevation of approximately 2620 to 2640 feet. Vegetation is of the Palo Verde-Cacti-Mixed Scrub Series of the Arizona Upland Subdivision of the Sonoran Desert (Brown, ed. 1994). The dominant plants include foothill pato verde (Cercidium microphyllum), and mesquite (Prosopis velutina). There are three saguaro cacti (Cereus giganteus) on site. The present land use of the immediate vicinity is medium to low density residential, open space, and commercial. There is a private school and church immediately to the southeast of the property. RESULTS No cactus ferruginous pygmy-owls were detected during this survey. PICOR CFPO Survey Report 4 PICOR CFPO Survey, Pima County, AZ Thomas Olsen Associates, Inc LITERATURE CITED Brown, D. E. (Ed.). (1994). Biotic communities: Southwestern United States and northwestern Mexico. Salt Lake City, UT: University of Utah Press. PICOR CFPO Survey Report 5 PlCOR CFPO Survey, Pima County, Q? Thomas Olsen Associates, Inc FIGURE 1 : ........,_lip Tip\ 11♦ 7 II II• •Ike*► 1111 e �gi.4... M , ii .1_ , 1 • 5 E9ar& gt 6,2,, ryce, cf›,-,X3) 1 J9/4..ap \-\ f Is'5" c%z) ' , VolV411" "ii -- DESERT SKY POAD '.' /I. I Er—ri' .;,%if friVe. ."..Vir,1 4 °I , LLLL i , _ 1 ri-N.1. ,rft.�. :Ari , SUBJECT PROPERTY 4 ) rr v . T Liii ?4,tt:"' 7111413.1 fS t r)1 • ' IIP • ... 'AL,,:.'Alta,A. , [ Ictil i . ''' .1,.. ' 44,.sr.• 1'44.94 a Citi • di, F a �1.T;, �11111 1111" -� 3 ‘,140:14 ' pI " ; ; 1110P1/ tv i, **„..,,,4.,:41-tv! �f AttliktiPIPW Ole 1 ,...„,..:..........., 2,1,11-4,,,,,,r...1,... to W Q fr Ei w d .4 Q ;i O Ito 1J w CORONADO NATIONAL FOREST II 1 PICOR CFPO Survey Report 6 PICOR CFPO Survey, Pima County, AZ Thomas Olsen Associates, Inc APPENDIX A: SITE DATA SHEETS PICOR CFPO Survey Report 7 ARIZONA GAME AND FISH DhTARTMENT CACTUS ,�.�. tRUGTOUS PYGMY-OWL SURVEY FORM(REVISED 1996) Today's survey date ODTM/Y): ' Survey route name or description: _ .1: s-bk 0./.-S Route surveyedpreviously: Y Date of last survey Number of call is Length of slave route (from topo or ar1as map): l� �fF Y Direction ction of travel N:"--?_.5.' • 7.5 min. quad: 6)CD �uaQCounty: i AA- - Elevation: min�;��o max a�6 y0 Legal descri tion:T 1. ,R l , Section(s) Land ownership: S urveyor(s) name(s): D 24-te.!� seA,, Ind.. Start.tune. /i'3 V Starting weather condinons•Temp: Cloud Cover(9o) 25. 0 2 Endingweather conditions :Temp: 5O D Wind: 0 —3 Cloud Cover(%) 44c, End time •. /7k' . i l Moon visible during survey: Y N Moon Phase (1/4, 1l2):poi Total hours ill • Survey method used: ape playbac surveyor whistle el H c,��•2T y c.; Volume setting. Type of player used.: (bransan ;had ) 0 ' ? is detected,f 11 out separate detection fon) .De,�.on. Y ISI (If CFP Number of woodpeckers heard or seen: 0 Ni tuber of saguaros with possible nesting cavities observed along route: .._ Number of starling (possible competitors) heard or seen: C Disturbances during survey (baring dotes, vehicle c cans.action,ATV's, et): Cin,0 S a /ZDM • 'CL.f2 Are water sources available along this survey route? Yes o Undetined Ni imber: Size(s): source type(s): - (ifown) List other bird species responding to survey calls and describe their behavior. • *Habitat Type: 6/d i2/104 cAc.7/ • Dominant Yegetanon: .0/L0 _ ; Lr2�, Other species sent: c;_.5 " a_ •. a l_1 c 7' / �2��r /1�• / 7.S! )J C s Al ✓J 6zf0 .Z`f z . 11)1 _5-7t ,Vegetation convent: 3 5A o b io 3) fv o T�T2s? cL ' c w., ITT-111'2 'tet and N. . w ern Mede. Univ. of prar to Blown,David L. (ed.) 1594. BIodc cQrnm;�.n.Q .t 1 1 1 va V.r. Ut.h Br-.ss Land Use Proposal APPENDIX C: REFERRAL RESPONSE LETTERS Oracle Road/Linda Vista Boulevard Rezoning 72 (Rev. 3/10/00) _ . . , _ _____ r" ' 1 j . , k-Jt,1-11,4:- 4,-;4173-1 .,\'fi d; (Z) 4'1 1-7►' i :\74,."" Jj 41 .<14 -';1!,Izo .. PIMA COUNTY DEVELOPMENT SERVICES DEPARTMENT 201 N. Stone Avenue, 1st Floor Tucson, Arizona 85701-1207 JUDITH A. PATRICK Phone: (520)7.10-6520 Director FAX. (5220)798-1336 March 3, 2000 TO: The Planning Center . THRU: Melissa Shaw, Planner II Oro Valley Planning and Zoning Division FROM: Lucia S. Thurston, P.E. Development Review Engineer (Wastewater) SUBJECT: Oracle Road/Linda Vista Boulevard Rezoning 0V9-99-115 There is currently adequate conveyance capacity to accommodate this rezoning in the downstream sewerage system. This is not a commitment of conveyance capacity allocation. Conveyance capacity allocation is accomplished by execution of a Sewer Service Agreement, which normally occurs during the development plan or plat review process. If conditions change between now and the time a development plan or tentative plat is submitted, the property owner may be required to augment the existing public sewerage system in order to provide adequate conveyance capacity for this rezoning. Connection may be made to the 8-inch sewer lines, 0-81-30, located on the south in Linda Vista Boulevard or on the north in Desert Sky Road. Public sanitary sewers to be constructed with this rezoning shall be located within paved roadways or alleyways, or within easements that provide l vehicular access, whenever possible, to all manholes. We have no objection to this rezoning provided the following conditions are met. * * * Pima County Wastewater Management Conditions * w * The property owner must connect to the public sewer system at the location and in the manner specified by Wastewater Management at the time of review of the tentative plat, development plan or request for building permit. If you wish to discuss the above comments, please contact me at 740-6586. -'T"'- � � 1Dale) `,�f laNik-+ `,�i j.�/A`-(-9 \ .Post-it'Fax vote _ I pages _ Lucia S. T Zurston P.E. TO + It� ,tr `� c.�`�` Front i� �1�.�(� .%� ! 0,, V , .� ,P 11.r�, r , En.�inee, j -...4- Development Review r �,�1.1 eDS.ck, 05, ( ,1,JJ.f' Com. PhoneJ Prone . CI✓ CA/ LSTIst Fax rr\c--,0 Fax0 Copy: The Plannil g Cente, \i(t--)-- Project/Ref Files !MgMEWM111) MAR 0 6 2000 11.1i B Y: SOUTHWEST G115 CORPORRTIOf 4400 ® February 24 , 2000 Town of Oro Valley Planning & Zoning Department 11000 N. La Canada Dr. Oro Valley, Arizona 85737 OV8-O0-02 CONDITIONAL USE PERMIT OV9-99-115 REZONING 14 . 28 ACRES Southwest Gas Corporation has no objection co the platting of the above mentioned project . However, existing natural gas facilities are located in adjacent rights-of-way which may be affected by construction of this project . Blue Stake should be notified 48 hours prior to construction. Further information regarding natural gas facilites on or near this project may be acquired by contacting me at 794-604 . 4.0'12NitL1 RICK BARON/ENGINEERING TECHNICIAN .mat 3401 1East Gas Rosa P Ocx 26 �0 ;- Arizona 572 65, • ,.0 9 -„ ; � .0� .O. �� ��Su Tucson, r.t r�G�l� �.:���6-���C ("�1 ��,.-�«�,J TOWN OF ORO VALLEY Planning and Zoning Division 11000 N.Tia Canada Drive Oro Valley,Arizona 85737 Phone: 520-797-9797 FAX No.: 520-742-1022 DEVELOPMENT REVIEW'TRANSMII TAI _ Southwest Gas Corporation TO: Puna County Planning&Development ServicesTEP - Cory Ptntof Amphitheater Public Schools py Water!Don Manspeaker U.S. West Communications OV Ranch/ Steve Schoon Pima County Assessors Office/Jvm Forbus OV Dept of Public Works Pima County Department of TransportationOV Transit/John Zukas Coon D artrnent of Environmental Quality OV Civil Engineer/Craig C`iva C icr Pima County eP Pima County Wastewater I�lgint_/Lucia Thurston OV Economic Dev/Jeff Weir OV Planning&Zoning/Bryant Nadine OV Building Codes/Terry Vusle-r OV Senior Planner I Bayer Vella OV Parks/Ansley ReederOV Police Dept./Chuck Trujillo, Kim JonesRural Metro FROM: Melissa Shaw, AICP,Planner II 2-15-20(x} _ C-N F,1G1 I�30RHG(�D COMMERCIAL) DATE OF 14.28 ACKES FROM R1 144 TO (N RE, 0V9-99-1 t 5, REZONING c � been tentatively r.hcdiik�cj to come before the request for the above-referenced case, which has Attached is a r-���ntr�„ t�� Zoning Cocumiiission on Larch 71h,2tN}0_ }'tanning& returning this form or�-tna�l«1�a message to the attention _ nsmittal bycon�pletung the sections below and r � , Please respond to this tra note, all responses will be made available to the applicant. of the Project Planner. Please �' RESPONSE DUE BY:February 28,2000 COMMENTS: • • I • t A • ' 0 ‘1111111,4011Fr / 1 �, //�'� lltEl. nn S �n1] , M@WZ-ViM ice( : MAR 0 7 2040 BY: DM PLMA COUNTY DEVELOPMENT SERVICES DEPARTMENT 201 N. Stone Avenue, 1st Floor Tucson, Arizona 85701-1207 JUDITH A. PATRICK Phone: (520)740-6520 Director FAX: (520)798-1836 March 3, 2000 MEMO TO: Melissa Shaw, AICP, Planner II Town of Oro Valley Planning & Zoning Department FROM: Stephen M. Magelli, RE. Pima County Development Review Manager SUBJECT: Oracle Road/Linda Vista Blvd. Site Analysis 0V9-99-115 We have reviewed the above-referenced Site Analysis as it relates to Pima County Wastewater Management Department's sanitary sewer system. The following checked comments are applicable to this project: XX A Capacity Response Letter (No. 99-56) has been prepared by Pima County Wastewater Management Department for this project and is included in this report as Exhibit I.L.l. XX This Site Analysis meets the requirements of the Pima County Wastewater Management Department and we have no objection to forwarding this project to the Planning and Zoning Commission for further action. Sanitary sewer service is not available in this rural location, therefore, no capacity response letter is required. If you have any questions or need additional information,please feel free to contact me at ext. 6586. os /VI ,/ Stephen M. Magelli, P.E. Development Review Manager SMM kd Copy: Ref. File/Proj. File W 7111 o;PI ,. r r 2000 jii _ B Y: PIMA COUNTY DEVELOPMENT SERVICES DEPARTMENT 201 N. Stone Ave, 1st Floor Tucson, Arizona 85701-1207 KAY MARKS ADDRESSING SUPERVISOR PH:740-6480 FAX#: 740-6370 TO : TOWN OF ORO VALLEY PLANNII T_ i P.. 'r►� 7 16 FROM : KAY MARKS, ADDRESSING SUP ' • i ' ' ` SUBJECT : OV9-99-115, REZONING OF 14.28 ACRES F 0 '1 R1-144 TO C-N (NEIGHBORHOOD COMMERCIAL) DATE : February 23, 2000 0* :*********** :*****: **************** :********************* *********************************** :*********** The above referenced project will be reviewed by this Division for all matters pertaining to street naming/ addressing during the Development Plan Process. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 5, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Jeffrey H. Weir, Economic Development Administrator David L. Andrews. Finance Director SUBJECT: Ordinance No. (0) 00- 22 Consideration and Possible Approval of an Economic Development Agreement between the Town of Oro Valley and El Conquistador Hotel Associates (Sheraton El Conquistador Resort). SUMMARY: Attached for your consideration and possible approval is an ordinance and development agreement between the Town of Oro Valley and El Conquistador Hotel Associates (Sheraton El Conquistador Resort). This ordinance and agreement would apply to the existing Sheraton El Conquistador Resort properties. Council consideration of this agreement is made pursuant to a request made by the El Conquistador Hotel Associates and is based on the Town of Oro Valley Lodging Industry Incentive Policy Guidelines (Resolution No. (R) 99-79A). PROJECT DESCRIPTION: The following is a summation of some of the significant attributes of the existing resort property: Four Star Sheraton El Conquistador Resort Located in the Town of Oro Valley since 1982 Recognized as an Award winning Resort General Plan encourages development of Resort facilities $ 33,127,000 Investment in Expansion and Renovations -'� 420 Rooms/Caritas Resort facilities include 45 Holes of Golf, Tennis stadium, retail and restaurants The most recognized Resort Name in the Tucson region SIGNIFICANT TERMS OF DEVELOPMENT AGREEMENT: The following table summarizes the most significant terms of the proposed development agreement in terms of benefits to El Conquistador Hotel Associates and the Town: TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 3 BENEFITS El Conquistador Hotel Associates Town of Oro Valley Town rebate of 2% Bed Tax over a ten year period Community Youth Tennis Program and meeting (estimated S 4,242,000) facilities access Community Vocational Training Program established Co � Continued 2% direct sales tax revenues over the ten year period (estimated $ 11,139,000) Town 1% bed taxes collected over a ten year period (estimated $2,244,000) Indirect new 2% sales tax generation (estimated 51L139.000) The funding source for the 2% bed tax that would be rebated to the El Conquistador is the 2% increase in the bed tax rate that was approved by the Mayor and Council on January 19, 2000 via Ordinance No. (0)00-04. The increased bed tax rate becomes effective September 1, 2001. Like the Marriott Corporation/Ritz Carlton agreement, the 2% bed tax would be rebated to the El Conquistador over a ten year period beginning September 1, 2001. ADVANCEMENT OF THE TOWN'S GENERAL PLAN: Staff believes that approval of the proposed development agreement will serve to significantly solidify the Town's sales tax base in conformity with the Towns General Plan and assist in the mitigating reliance of the Town on construction-related revenues. Such sales tax base solidification will be vital to fund future amenities such as park operations, library operations and development/operation of potential future Town landholdings. SALES TAX GENERATION IMPACT OF RESORT HOTELS: Section 4.3.4, Economic Development Policies and Recommendations of the Town's General Plan states that ..A diverse economic base is desired to reduce Oro Valley's dependence on revenues from growth. Resort/arts enterprises are especially encouraged to employ Town residents at all levels and support local business establishments. The resort hotel industry generates large amounts of sales taxes that significantly impact the Town's non- construction revenue stream. The industry also generates employment and service opportunities for other local businesses. The amount of 2% sales tax that is estimated to be directly generated from the El Conquistador hotel operation over the proposed ten-year period is $11,139,000. This amount averages to be $1,139,000 annually. These figures do not include additional bed tax revenues. The community of Oro Valley has strived to put land to its "highest and best use„ in order to avoid proliferation of retail activity and help the community to retain its unique character. The estimated annual sales tax collections by business type chart (as attached) provides information regarding the estimated annual sales tax collections for various types of business enterprises. In terms of land use that will generate the greatest amount of sales tax, resort hotels have dominated all industries except construction. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 3 OF 3 ATTACHMENTS: 1. Ordinance No. (0) 00-22 Development Agreement between the Town of Oro Valley and El Conquistador Hotel Associates (Sheraton El Conquistador Resort) 2. March 7, 2000 Letter of Request from Mr. John Fuller. General Manager, Sheraton El Conquistador Resort & Country Club 3. Sheraton El Conquistador 10 Year Financial ProForma 4. Resolution No. (R)99-79A, Lodging Industry Incentives Policy Guidelines RECOMMENDATION: Staff recommends Council approval of Ordinance No. (0) 00- 22. SUGGESTED MOTION: I move to approve Ordinance No. (0) 00- 22 Authorizing and Approving a Development Agreement between the Town of Oro Valley and El Conquistador Hotel Associates. or I move to approve Ordinance No. (0) 00- 22 Authorizing and Approving a Development Agreement between the Town of Oro Valley and El Conquistador Hotel Associates with the following conditions or I move to deny Ordinance No. (0) 00-22 . 77) LIL-- 0 t . / ' Jeffre, H. Weir Ece. omic Development Administrator -....1‘,...641.At David L. Andrews Fil • Director Itzetiatt.. Chuck Sweet Town Manager ORDINANCE NO. (0)00 - 22 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING THE TOWN TO ENTER INTO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE TOWN OF ORO VALLEY AND EL CONQUISTADOR HOTEL ASSOCIATES TO FACILITATE AND ENCOURAGE CONTINUED INVESTMENT IN THE SHERATON EL CONQUISTADOR RESORT A FOUR-STAR RESORT LOCATED IN THE TOWN OF ORO VALLEY. WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all the rights, privileges, and benefits, which entitles the Town to immunities and exemptions granted to a political subdivision under the Constitution as well as the laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS § 9-500.11, the Town may appropriate public monies for and in connection with economic development; and WHEREAS, the Town of Oro Valley General Plan has identified the importance of a continued strong lodging industry as highly desirable and is well-supported by the community; and WHEREAS, the Town of Oro Valley Lodging Industry Incentives Guidelines provide for economic incentives to encourage continued investment in existing destination resort hotels; and WHEREAS, the Town recognizes the importance of the tax revenue impact of resort destination hotels; and WHEREAS, pursuant to ARS § 9-500.11, the Town may appropriate public monies for and in connection with the retention and expansion of a resort destination property within the Town's jurisdiction; and WHEREAS, pursuant to ARS §§ 9-500.05 and 9-500.11, the Town may enter into agreements with El Conquistador Hotel Associates regarding the retention and expansion of the Resort; and WHEREAS, a document entitled "Economic Development Agreement" between the Town and El Conquistador Hotel Associates, attached hereto as Exhibit A and incorporated herein by this reference, shall prescribe the terms and conditions of certain agreements between the Town of Oro Valley and the El Conquistador Hotel Associates regarding the expansion and retention of the Resort and the creation and payment of taxes upon bed tax revenues for the Town derived from the Resort, assisting in the creation and retention of jobs for the residents of the Town; and WHEREAS, the Town finds that continued economic health of the Resort, as a Four Star Property, will substantially increase and maintain economic activity in the Town as follows: 1. Increasing sales tax and bed tax revenue with the Town; 2. Creating jobs within the Town; 3. Encouraging the development of resort destination properties, as provided in the Town's economic development plan; 4. Expanding the Town's retail sales tax base necessary to finance Town Government services. Such sales tax revenues will primarily be generated from expenditures by visitors from outside the Town [and thus will reduce the tax burden upon Town residents.] WHEREAS, pursuant to ARS § 9-461, the Economic Development Agreement has been determined by the Mayor and Council to be consistent with the Town's General Plan and that the terms and conditions of the Agreement substantially improve and enhance the economic welfare of the residents of the Town of Oro Valley and the Town of Oro Valley is not subject to the restrictions of ARS § 9-500.6 by virtue of the application of ARS § 9-500.6 (F). NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona as follows: Section 1: That the attached Economic Development Agreement (Exhibit A) between the Town of Oro Valley and El Conquistador Hotel Associates, to facilitate the retention and expansion of a Four-Star Resort Project within the jurisdictional limits of the Town of Oro Valley, is hereby approved. Section 2: Pursuant to ARS § 9-500.05 and not later than 10 days after the Town enters into the Agreement, the Town shall record a copy of the Agreement with the Pima County Recorder's office constituting notice of the Agreement to all persons. BE IT FURTHER ORDAINED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Economic Development Agreement. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 19th day of January, 2000. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Exhibit A ECONOMIC DEVELOPMENT AGREEMENT ECONOMIC DEVELOPMENT AGREEMENT This ECONOMIC DEVELOPMENT AGREEMENT("Agreement") is entered into this 1St day of May, 2000, by and between the TOWN OF ORO VALLEY, an Arizona municipal corporation (the "Town"), and El Conquistador Hotel Associates ("Owner/Operator"). RECITALS A. Owners/Operator was formed and exists for the purpose of owning and developing hotel and resort property one of which is located in Pima County, Arizona, the Sheraton El Conquistador Resort (the "Hotel") & Country Club (the "Country Club"), (which are collectively referred to herein as the "Resort"). B. Owner/Operator intends and desires to maintain and operate a resort facility within the jurisdictional limits of the Town of Oro Valley. The Resort facility consists of lodging facilities that are able to house up to 900 guests,45 holes of golf,significant tennis facilities,and various retail operations traditionally associated with a 4 star resort operation. C. The Town and Owner/Operator desire to establish certain agreements regarding the major capital improvements to the Resort pursuant to Arizona Revised Statutes ("A.R.S.")Section 9-500.05 and certain agreements in connection with economic development activities for the economic benefit of the Town pursuant to A.R.S. Section 9-500.11 upon and in accordance with the terms and conditions hereinafter set forth. D. The Resort has been one of the cornerstones of the Town's Economic Development Strategy and has created a source of significant tax revenue and job opportunities for the Town and serves a public purpose. E. In approving this Agreement, the Town Council has found that certain activities relating to capital intensive improvements at the Resort are economic development activities within the meaning of A.R.S. Section 9-500.11, and that all expenditures by the Town pursuant to the Agreement constitute the appropriation and expenditure of public monies for and in connection with economic development activities. It is appropriate to provide Owner/Operator with the benefits of this Agreement as an inducement to Owner/Operator to continue to construct new facilities, and to modify/add/improve existing facilities (the "Capital Improvements"). F. The Town of Oro Valley has a population of less than 100,000 persons and the provisions of A.R.S. Section 9-500.6 are inapplicable. COVENANTS NOW,THEREFORE,in consideration of the mutual promises made herein,the parties agree as follows: 1. Accuracy of the Recitals. The parties hereby acknowledge and confirm the accuracy of the Recitals, which are incorporated herein by this reference. 2. Effective Date. This Agreement shall be effective upon adoption and effective date of Town Ordinance 00- and the execution of this Agreement by both parties and as provided by law. 3. Capital Improvements. The Capital Improvements shall be developed and constructed in accordance with the current Town ordinances and development standards now in effect. 4. Cooperation. To further the commitment of the parties to cooperate in the implementation of this Agreement,the Town and Owner/Operator each shall designate and appoint a representative to act as liaison between the Town and its various departments and Owner/Operator. The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement. The initial representatives of the parties are: Town: Town Manager or his Designee Owner/Operator: John Fuller or his Designee 5. Revenue Sharing. a. Transient Lodging Tax Revenue Sharing. The Town agrees to share with Owner/Operator a portion of the Transient Lodging Tax (Bed Tax) revenue as provided in Article 4, Section 8A-447 of the Oro Valley Tax Code generated by the Resort. Town shall retain one hundred percent(100%)of the taxes attributable to the first one percent (1%) of revenue subject to the Bed Tax from the Resort. The Owner/Operator shall receive one hundred percent (100%) of the taxes attributable to the next two percent(2%)of revenue subject to the Bed Tax from the Resort. The period for purposes of determining the revenues from Bed Tax to be shared by Owner/Operator shall be the ten(10)year period following the date the new 2%Bed Tax is enacted. Said reimbursement will be based on documentation that indicates proof of taxes remitted to the Arizona Department of Revenue(ADOR)from or upon the Resort, as reasonably determined by the Town's Finance Director. Owner/Operator shall provide the Town's Finance Director with an invoice indicating the Bed Tax generated from the Resort following the expiration of each calendar quarter including reasonable documentation support such request. The Town shall pays sums payable to Owner/Operator hereunder within sixty(60)days after receipt of the invoice from Owner/Operator. In the event the Bed Tax due from the Resort is adjusted due to error, overpayment, underpayment or miscalculation, Town and Owner/Operator each agree to remit to the other any amounts necessary so that Owner/Operator and Town each receive their proportionate share of the Bed Tax ultimately determined to be due for the applicable period. b. Rebate-Not a Pledge. This Agreement creates rights and obligations regarding the payment of money but nothing contained herein shall constitute a pledge of tax revenues. Nothing shall impair or restrict the right of the Town to pledge Bed Tax revenue from the Resort not otherwise payable to Owner/Operator hereunder. 6. Limited Source of Funds. The Town's Bed Tax and reimbursement obligations set forth in paragraph 5 are payable solely out of the revenues derived from Bed Taxes generated by the Resort at the levels afforded to Owner/Operator hereunder. For purposes of computation of Revenue Sharing the Bed Tax shall not exceed two percent (2%) of revenues subject to the Bed Tax, as provided for in paragraph 5 above. 7. Owner/Developer Community Commitments. As a further benefit to the Town, Owner/Operator shall: a. Community Youth Tennis Program. Provide access to the tennis court facilities at the Hotel to the Town's Parks and Recreation Division for the operation of a summer youth tennis program. Access will be limited to formally organized programs established by the Town and will be limited to the months of June through August during the hours of 10:00 A.M. to 5:00 P.M. and will be administered by the Town's Parks and Recreation Administrator and developed jointly with Owner/Developer. In all circumstances, only two tennis courts at the Hotel shall be reserved for guests and patrons of the youth tennis program. The Town shall provide general liability insurance coverage relating to this program naming the Owner/Operator as an additional insured in an amount not less than One Million Dollars ($1,000,000.00). b. Community Meeting Facilities Access. Owner/Operator shall provide the office of the Town Manager of the Town access to the meeting rooms within the Resort at mutually agreeable times for the Town's use in connection with meeting activities of the Town. Such meeting activities shall be limited to twenty-five (25) people at one time and shall not exceed two (2) individual meetings per month. Services, such as coffee, food and beverage, and audio-visual services shall be charged at customary rates charged within the Resort. c. Vocational Training. In conjunction with local educational and training organizations and institutions,the Owner/Operator will help create and implement a mutually defined and approved program for providing training in the hospitality and food services industries. As long as consistent with state and federal law,these programs shall be available to Town residents only. 8. Cancellation Pursuant to A.R.S. Section 38-511. Under A.R.S. Section 38-511, as amended,the Town may cancel any contract it is a party to within three (3)years after its execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the Town is, at any time while the contract ! x or any extension thereof is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. In the event the Town elects to exercise its rights under A.R.S. Section 38-511, as amended,the Town agrees to immediately give notice thereof to Owner/Operator. If this Agreement is canceled pursuant to this paragraph 8, all of the rights granted in the foregoing paragraph 7 shall terminate immediately. 9. Recording. The parties agree to cause an original counterpart of this Agreement to be recorded in the real estate records of the office of the Recorder of Pima County, Arizona, within ten (10) days of the full and complete execution and delivery of this Agreement. 10. Notices. All notices given pursuant to this Agreement shall be given in person or by first class pre-paid mail to the following persons or any other persons a party may designate in writing: To the Town To the Resort Owner/Operator Town of Oro Valley El Conquistador Hotel Associates 11000 North La Canada Drive 10000 Oracle Road North Oro Valley, Arizona, 85737 Oro Valley, Arizona 85737 Attn: Town Manager Attn: John Fuller, General Manager 11. Litigation. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any damages claimed or portion of the amount payable under this Agreement, then all litigation and collection expenses, witness fees, court costs and attorney's fees shall be paid to the prevailing party as provided by A.R.S. Section 12-341.01. Nothing herein shall preclude non-binding arbitration if the parties so elect in the event of a dispute hereunder. 12. Successors and Assigns. This Agreement shall be binding upon the successors and assigns of each of the parties hereto. No assignment, however, shall relieve either party of its obligations hereunder, except an assignment by Owner/Operator in connection with the transfer of title to the Resort shall relieve Owner/Operator of its obligations hereunder provided such transferee agrees to be fully bound by the provisions hereof. 13. Time is of the Essence. Time is of the essence in the performance of each and every obligation by Town and Owner/Operator as provided for herein. 14. No Interest in Real Property. It is agreed between the Town and Owner/Operator hereto that this Agreement does not create any interest in the real property commonly known as the Sheraton El Conquistador Resort & Country Club nor any licenses related thereto. • • IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed,the day and year herein written. Town Owner/Operator The Town of Oro Valley, an Arizona municipal corporation by its authorized Member By: By: Paul H. Loomis, Mayor Name: ATTEST: Kathryn E. Cuvelier, Town Clerk Title: APPROVED AS TO FORM: Dan Dudley, Town Attorney STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this day of ,2000, by as of , a corporation. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this day of ,2000, by as of , a corporation. Notary Public My Commission Expires: I:\Files\docs\SHER04\200346\AGREE\570580.WPD r -J Sheraton El Conquistador RESORT & COUNTRY CLUB TUCSON March 7, 2000 Mr. Jeffrey H. Weir, CED Economic Development Administrator Oro Valley Town Hall 11000 N. La Canada Drive Oro Valley, AZ 85737 Re: Economic development agreement between the Town of Oro Valley and the 1\fir. �r Sheraton El Conquistador Resort. Dear Jeff: Attached is the information you requested to get the ball rolling for an economic development agreement between our resort and the town. As we have discussed many times as well as in my presentations to the city council, we are making major investments in the resort. That combined with the competitive situation I have outlined many times in the past, is the reason we feel that our resort deserves similar considerations recently given to the new Ritz Carlton resort. Specifically, we are applying for the same direct financial incentive of a 10-year rebate of the newly passed 2% bed tax increase once it goes into effect. If you have any questions about the attachments please give me a call and we will answer them to the best of our abilities. I will be your contact for the development agreement process. Obviously, once we come up with an agreement it will be forwarded to our corporate legal department for their review and approval. Jeff, thanks forY our support and we look forward to putting together a equitable agreement for all involved. Si. -rely, . uller Jr. General Manager J /jlf CC: Chuck Sweet David Andrews Attachments 10000 N ORACLE ROAD.TUCSON.ARIZONA 85737 PHONE.15201 544-5000 FAX(520)544-1222 en -r ,C a -r M N C © x x © r a tri M rn --r x -r ^ o = = = a in a N M N 'C �.0 r n o r ir, ,,C ,C' N en -r C -r -r z —• o N r, r--r iir, -- .--i ^" N a N N Ir, r. -r a = N o N ,l, 4.1,1, ,f3 'fi ...Jr, 'f) 'f3 'f) 'f) V) 'f) V) VI 'V) ` M N_ II II to x kc -r x , ir, N N r, ' — -- in in ren a x N C a en -r N x x en r- .•t• a .-� M N if) ir, N , , a a .-. .O-. esi a: O x ,C -.. .-, `1. .- .-. = N M -+ N N X N n ,� 'f) ,fi VI f3 'f) 'M ') 'f) i :H 'f) 'f) 'f) 'f) 'f) -r ,I) x , if r N = O 'C , X r, —.M -- © -r ✓ N 'C 'C N N if) if) r- N a a i a x e"") .... r.. M -'r ...... N N ,C 'f) N 'f) 'f) (f)I Ela 'f) 'f) 'f) 'n 'f) 'f) Vi ff) 'f) 'f) 'd) -7 O r �'" -r r -- ' N 'C 'C a -r if) a N -7 r '1 en en , r X`: rn •--. N N '1. -r X rt OC OC -. ., M ,1111O (.4 N 'C • N 'f). 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(R) 99 - "9 A A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING A LODGING INDUSTRY INCENTIVES POLICY/GUIDELINE. WHEREAS, the Town of Oro Valley has identified expansion of the lodging industry as highly g Y desirable and well supported by the community. and: WHEREAS, the existing Community Economic Development Strategy states that one major action step desired is the development and adoption of a Business Incentive Policy, and: WHEREAS, the existing Community Economic Development Strategy further states that the Town may from time to time wish to use some form of incentives to attract or retain desirable businesses. and: WHEREAS. the Town of Oro Valley recognizes the importance of developing guidelines that include similar considerations for existing businesses as those that apply to the attraction of new desired businesses: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: The adoption of Exhibit A. Town of Oro Valley Lodging Industr Incentive Guidelines, attached herewith, ._ -:-:: - -- .. .• - . ^•- ••- .• • __ • . owner to * •- •-= - - - ' •--_ --- . ' -:- - PROVIDES EXAMPLES OF ITEMS THAT A LODGING OPERATOR/OWNER MAY REQUEST CONSIDERATION FOR. PASSED, ADOPTED AND APPROVED by the Mayor and Town Council of the Town of Oro Valley. Arizona. this� Nday of 4.ks,\-- l9 . TOWN OF ORO VALLEY, ARIZONA ,, -;. --- ft,- -._.. Paul H. Loomis, Mayor ATTEST: YaOtryti C'• 1&,-thi. , Kathryn Cuvelier. Town Clerk mik"ROVED AS TO FO' . 1 ) ill 4113 A At 11111111ra A:: Dan L. Dudley, towntorneyr Exhibit A TOWN OF ORO VALLEY LODGING INDUSTRY INCENTIVE GUIDELINES Qualifvintl Facilities. The following type of facilities may qualify for the incentive(s) identified in these guidelines: hotels/motels/resorts and other businesses that derive more than 50% of their revenues from providing lodging rentals to transient visitors. The Town Tax Code defines transient lodging as lodging provided for not more than thirty(30) consecutive days. The lodging operator owner must initiate consideration for the incentives)through a written request to the Town N1anager. Bed Tax. Increase the Bed Tax from 1% to 2%. 3% or 4%. Continue the MTCVB revenues at the current .75% of the first one percent. Retain the existing .25% General Fund revenue at .25%. Provide up to .75% of the second one percent as a potential incentive for lodging operations that qualify. Allocate the remaining Bed Tax funds as determined by the Town Council. The enclosed Bed Tax Rate Distribution spreadsheet indicates the distribution of the higher Bed Tax rates. 1.0 % 2.0 % 2.5 % 3.0 % 3.5 % 4.0 General Fund .25 % .25 % .25 % .25 % .25 % .25 MTCVB .75% .75 % .75 % .75 % .75 % .75 % Incentive .75 % .75 % .75 % .75 % .75 Designated Programs .25 % .75 % 1.25 % 1.75 % 2.25 % Total 1.00% 2.00% 2.50% 3.00% 3.50% 4.00% Sales Tax on Construction Materials. Currently the Town of Oro Valley charges a 2% Sales Tax on all construction materials. As previously indicated major resortllodging facilities are investment intensive given that in many cases average room construction costs can reach from S 100,000 to 5 167,000. This high per room construction cost is a significant factor in identifying investment capital, the total investment commitment for a resort can easily be from 35,000.000 to much larger amounts. Given the importance to Oro Valley in attracting and encouraging expansion of resortihigh end lodging facilities any inducement that results in investors looking at this community more favorable should assist in fulfillment of a major economic strategy. To encourage high investment intensive resort/high end lodging facility construction in Oro Valley the following incentive is proposed. A rebate of the Sales Tax on Construction Materials for lodging and related facility construction be made available for qualifying projects: Sales Tax Oro Valley Investment Amount Rebate Retains °% > S 5,000,000< S 10,000,000 0.50% 1.50% >S 10,000,000< S 17,500,000 0.75% 1.25% > S 17,500,000< 5 25,000,000 1.00% 1.00% > S 25,000,000 < S 32.500,000 1.25% 0.75% > S 32,500,000< S 40,000,000 1.50% 0.50% > S 40,000,000< S 47,500,000 1.75% 0.25% > S 47,500,000 2.00% 0.00% Development Agreement. A written document, a Development Agreement, will be created wherein any/all incentive(s) provided from the Town of Oro Valley to the lodging operator/owner will be separately identified. Included in the Development Agreement will be the length of time that agreement will be in effect between all parties. Sunset Clause. The Development Agreement created and entered into by all parties will be the governing document as to terms, considerations, and all other specifics. The revenue sharing for the lodging operator contained within the Bed Tax incentive shall be in force for a period of from five (5) to no more than ten (10) years. The revenue sharing period may be extended or re-authorized as new qualifying investments are made. Each separate action must be preceded by a formal request from the lodging operator. 753pr F fes}sa TOWN OF ORO VALLEY ADDENDUM ITEM 8 COUNCIL COMMUNICATION MEETING DATE: July 5, 2000 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Jacklitch, Project Manager SUBJECT: Project No. W20-2000 Oro Valley Water Utility Drilling and Completion of Rancho Vistoso Replacement Well No. 2 and No.3 SUMMARY: Per the direction of Mayor and Council through the 1999-2000 Capital Improvement Budget of the Oro Valley Water Utility, plans and specifications were provided for the invitation to publicly bid the following project: Project No. W20-2000 Drilling and Completion of Rancho Vistoso Replacement Wells No.2 and No.3 The project consists of drilling two replacement wells within the Oro Valley Water Utility System. The wells are designated as Rancho Vistoso Replacement Well No.2 and No.3. Well No.2 will be located approximately '4 mile north of the Tangerine Road bridge at Big Wash. Well No. 3 will be located approximately 1/2 mile ,outhwest of the intersection of Tangerine and Oracle Road. Together, both replacement wells will supply 2000 gallons per minute. The OVWU first bid opening on April 28, 2000 resulted in a rejection of all bids: Project No.W 18-1800. Consequently, the bid documents were altered to include a clause clarifying bidder qualifications. ATTACHMENTS: Bid Opening Tabulation Project No.W20-2000 After the bid opening on Friday, June 23, 2000 all bids were tabulated. The tabulation determined the low bid at $394,160.00. FISCAL IMPACT: The total amount bid by the lowest responsible bidder is $394,160.00 by Zim Industries, Inc. TOWN OF ORO VALLEY ':OUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATIONS A. Staff recommends rejection of all bids Project No. W18-1800. B. Staff recommends the award of Project No.W20-2000 to Zim Industries, Inc. low bidder, in the amount of$394,160.00. C. Direct the Water Utility Director to prepare a Notice of Award to Zim Industries, Inc. and transmit said Notice along with the Contract Agreement and Bond forms for execution. D. Direct the Water Utility Director to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon the receipt of the Contract Agreement. E. Authorize the Water Utility Director to execute Contract Change Orders and/or Supplemental Agreements incidental to the prosecution of Work. F. Direct the Town Clerk to hold the bid bonds from all bidders until such time that a Contract Agreement has been executed. ,SUGGESTED MOTION: I move to reject all bids Project No. W18-1800 and approve the award of Project No. W20-2000 to Zim Industries, Inc. Or I move to deny , hiAe Project M. 4 .er )6/. W Utility Di for Town Manager CD 0 0 0 ° 71- o n v0 Q -= Cli o Z •••• 7r d' ' °r) Q C:C EA Cl O z -a �--) "t3 a a v v W -, 74) H . Z �- M Cl W a, o o in tet- ' CT W 0Q` ^ O �••. Cl r-. U ^' 0000 `� '�' 00 CD M CT �• .7t- Q` `r) cT d' 00 In M >" X00 � .0 � Q\ X00 pH a t Z .-a o L.I. Z i''' o c� L N cn p p � � p o8 [;,-; ,,i Q ,, , . Q Q > eczi _ o ..,.., z o f.l. 0 i— , H . -,c3 . ....1 = vpWU = ° cyor -� rn vN W ►-a W U U cn N > O a) = !J 00 CC) CT;-. MS 't3 N 0 en Z• ia � N � U ....-, � ..... o' p O — 2 a4 0 p Z 0 -0 ..rD cZ0 CCIQ W W 0 C/� M T U in n 0 .1 ct cl) �l -� n cts n n s- ' ' cl j > . 1 a.. o — a c Uv) 4� .. t E z � �„ C% U < ' ,-- E > r a) CD O O -0 v) cis .2 Z • ,� C. C v 0 E �-• gyrico 't3 U O •L i., .: O .9ct = \b. < -- E a) ccis C •• ✓) •~ . r ^J 1 •'" . j r•rZi C� v) •- • ice, Q v r, ;>, .N P F ter al a) •^ N .ft�.- fit•.1 L i� t�i~ 9f2•3 .f,. OU AZCA &mac, & Pum f re. • . ...... P. O. Box 570 Ehrenberg, Arizona 85334 520-923-9118 Phone & Fax Tucson Phone 520-290-8775 Az. Lic. A, 135159, AZ Drilling Lic. 621, CA Lic. A, C57, HAZ 753077 July 3, 2000 Mr. Paul Loomis, Mayor Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, Az. 85737 RE: Drilling & Completion of Rancho Vistoso Replacement Wells 2 & 3. Your Honor: In what we took to be a response to the well publicized critical water shortage situation, the Town of Oro Valley, Water Utility, offered a two water well drilling and construction project (W18-1800) to all qualified water well drilling contractors on April 12t. 2000. The contract was scheduled to be awarded on June 7th, with a Notice to Proceed to be issued on June 9t. of the same year. The work was scheduled to be substantially completed by August 8th . A pre-bid conference was held at the Water Utility office on April 20t., with five contractors attending. The five interested well drilling contractors were: Beeman Drilling, Beylik Drilling, Layne Western, NCCI, and Zim Industries. When the bids were opened on April 28th, and read aloud. The results were: Beeman Drilling, No Bid; Beylik Drilling, $492,000; Layne, $481,124; NCCI, $359,762; and Zim Industries, $366,788. No known protest to the bidding process was filed by any of the contractors. Without explanation or just cause, the Town's consultant, Mr. Buck Schmidt of Brown & Caldwell Engineers, sent a letter to the owner and President of NCCI, Ms. Nina Tate, that the Town of Oro Valley had rejected all bids for the two water wells and would be re-bidding the same two wells. The Town's Standard Operating Procedures clearly state that unless the Council formally rejects the lowest responsive bidder's bid, a contract will be awarded to that bidder. To our knowledge, the Town's Council has still not rejected NCCI's bid, and still a second round of bids have been accepted and opened by the Water Utility. NCCI was represented at the second pre- bid conference and made a verbal protest to the process being carried out. This verbal protest was followed by letters from Ms. Tate of NCCI to the Director of the Water Utility. One explanation offered NCCI by the Utility was that the Town did not have enough money in the budget to fund the project and was therefore re-bidding the work. The results of the second bid process (W20-2000) were: Beeman Drilling, $426,000; Beylik Drilling, $472,000; Layne, $481,000; NCCI, No Re-Bid; and Zim Industries, $394,000. Net result of the re-bidding process was that the lowest bidder (Zim) is now $35,000 higher! As an Arizona taxpayer, I question this as a prudent use of public funds. NCCI is an A General Licensed Contractor in the State of Arizona and has successfully completed the drilling and construction of over 25 similar, but larger and deeper, than the two wells being offered by Oro Valley. The only difference between NCCI and the three or four other qualified well drillers is that they are a General Contractor teamed with a qualified well drilling sub-contractor. It is precisely this difference that the Town's Consultant has chosen as justification for the re-bidding. In doing so, he changed the wording of the Contract portion of the bid package to specifically exclude the Contractor/Sub-contractor arrangement between NCCI and AZCA Drilling and Pump, Inc. Even at that, the Consultant ignored the fact that the Special Provision, Section 201-3 B 1 of the Town's Contract was not changed from the first bid, W18- 1800. On the basis of that Provision, NCCI was qualified on the first bid! As President of AZCA Drilling and Pump, Inc., and NCCI's well drilling sub-contractor, I question the recommendation to be put before the Town Council on July 5, 200. I hope that the Council will defer awarding of any contract for well drilling services until this matter can b e thoroughly investigated. I feel that our request is in keeping with published Town' Standard Operating Procedures and in the interest of prudent use of public funds. I also feel that if this project is awarded to Zim Industries that we will have suffered potential loss of profits on this project. Your most careful consideration of this matter would be appreciated, and I would be available at your convenience to discuss this matter. Cordially your , 7 ., ► ��� / - L.rry J. Siddall, President cc: Chuck Sweet,Town Manager Kathryn Cuveller, Town Clerk. Town's Attorney All Town Council members Arizona Sub Contractor's Association TIR`; L1 '02 e4: _ .' '• E . _ a NCCI , Inc . 16°22 C undryAven Ps 90723-1422 ue, � Bow 1422 Paramount. i,�. co,uoiwg. (.562) 2n-I12( •,t<ax (.562)' f►-J 13 F. bail: corp(@rirciinr:.cant June 21, 2000 tavaLiff_mt. Mr- Allen D. FOlteiti, P.E-. !ter or Torn of Oro Valley Waler 11000 N. Le Canada Drive Oro Valley,AZ 96737 Re Project No.W-20-2000 illtd date a) Drilling&Completion of Rancho instoe0 Repi.Will No.2&No. 3 O Mr. Foy: NCO. Inc hereby formally protests the rebid of the Town trf Oto pitsfect involving the Rancho tnstoso wails_ As you ars aware. NCC! belies it vats the boweet roeponsible bidder when rte prc eot city designated as#W-18-1800,was bid on Ate!26"of this year. Our June 20b letter to you pointed out that N C C l had rot yet received any n es to why our bid proposal was not ateepted. We have previded the Town of OM vetifiable credentials-and project references, and certainly feel we are aualtfied to complete this proier4t in e ?or of manner. In fact, we are just completing an eight-well project with theof Tucson Water Department � City that involves wells with larger bore hie,larger casings,and deeper depths than the wefts to be drilled in the Town of Oro's proiect, • The reason for the rem elVtinMEY does not involve financial considerations, in that the new bid documerg make no technical changes that wou f d result in cost savings. T net res[ is that with no change intyre � aCopa of the project otti r#�� to uur low number, end any eompatitiva edge we may have had isnow reduced. The only•thingthe new documents do is � makebidder av ot,a ftp in that they AM require the amoral corTtractor to hold telflng(loense. We do not understand theletisoning en tt'i , WC!I is aware that the Teen ix.very concerned about ifs water.a+ is thisAgain, ��ges end that time�of the esseftm r�sd. we that you na this proiect to km et. the lowest responsible,bidder,so the#we c move fo� d end avoid delayt in the pow. Regards, NCCI, lrtt-� Nina S. Tate President NST:gb :17.5 r e:a.3,1,1 Prance:leo,CA 94107 IF Tel; (415) 974-01947.Fax (-11.5)974-0948 -MaiI:ncciss rgearthlink.rtot 1[11 .t ' ':;5Pl; .1 '1 NCCIn� Q venue.1612-) G PO. Bas U22 a Paraurza.Lg1. CA907:23-1122 � �^ +•�•. 562):Z-0-�12V•Fax:(562)22r - l�-Mud: c,'rp( )ncciine.com Jure 20, 2000 VIA FACSIMILE AJS !I AIL Mr.Allen 0. Forrest,P.E,Director Town of Oso Valley Water Utility 11000 N. La Canada Drive Oro Valley.AZ (5W Re: Prolect No.W484800(aid date 4128 100) Drag& Completion of macho Vision,Rept Wen No.2 &No. 3 Dear Mr. Forte: We are in receipt of a May 24,2000 least from Brown&Caldweg stating that ai bids of April 28 en the profit had been emoted by the T n of Oro Vaney. NCCI hereby respectfuRy and fob protests ttxs action. As you are Mete.NCCI was the pow madder on the . Based on the Town's Standard Opew Procedures,to which we have been made privy. it Is our understanding that acceptance or rejection of bids on"roan of Orn profect must came from the Tam Council. We do not leve this procedure was frAlowtxi. but if t was foikysted, please provide us with woes of the minute. We feel certain that NCCi meets allot the criteria for responsiveneszi.as set forth $e n "E' these same Standard Opprrafing Prooadures. We ask that NCCI be reconsidered as the lower responsive bidder. Thank you very much?or your abbe . Should you reciutre anyadditional _information regarding our quafittations, please do not hesitate to contact us. Regards, NCV, Inc. Nina S. Tains President NST:gb (X: eril Haug. Etwi. Larry Siddatf,AZCA O &Pump 7Illinois 3.t r(tc•I•Sara Francisco,CA 94207• Tel:(11 v)974-0947 7•Fax: _IS) 9;4..(r94 : ncctif }eacrthlirtk.,}Q( M , s•n, nt •tV 1i !!u 2k L. LT AZCA oweenci, & Pam,,, /ire. * YJ-Jp'.F Te aMy' P. O. Box 570 Ehrenberg, Arizona 85334 520-923-9118 Phone & Fax Tucson Phone 520-290-8775 Az. Lic. A, 135159, AZ Drilling Lic. 621, CA Lic. A, C57, HAZ 753077 July 3, 2000 Mr. Paul Loomis, Mayor Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, Az. 85737 RE: Drilling & Completion of Rancho Vistoso Replacement Wells 2 & 3. Your Honor: In what we took to be a response to the well publicized critical water shortage situation, the Town of Oro Valley, Water Utility, offered a two water well drilling and construction project (Wi 8-1800) to all qualified water well drilling contractors on April 12th. 2000. The contract was scheduled to be awarded on June 7th, with a Notice to Proceed to be issued on June 9th. of the same year. The work was scheduled to be substantially completed by August 8th. A pre-bid conference was held at the Water Utility office on April 20th., with five contractors attending. The five interested well drilling contractors were: Beeman Drilling, Beylik Drilling, Layne Western, NCCI, and Zim Industries. When the bids were opened on April 28th, and read aloud. The results were: Beeman Drilling, No Bid; Beylik Drilling, $492,000; Layne, $481,124; NCCI, $359,762; and Zim Industries, $366,788. No known protest to the bidding process was filed by any of the contractors. Without explanation or just cause, the Town's consultant, Mr. Buck Schmidt of Brown& Caldwell Engineers, sent a letter to the owner and President of NCCI, Ms. Nina Tate, that the Town of Oro Valley had rejected all bids for the two water wells and would be re-bidding the same two wells. The Town's Standard Operating Procedures clearly state that unless the Council formally rejects the lowest responsive bidder's bid, a contract will be awarded to that bidder. To our knowledge, the Town's Council has still not rejected NCCI's bid, and still a second round of bids have been accepted and opened by the Water Utility. NCCI was represented at the second pre- bid conference and made a verbal protest to the process being carried out. This verbal protest was followed by letters from Ms. Tate of NCCI to the Director of the Water Utility. One explanation offered NCCI by the Utility was that the Town did not have enough money in the budget to fund the project and was therefore re-bidding the work. The results of the second bid process (W20-2000) were: Beeman Drilling, $426,000; Beylik Drilling, $472,000; Layne, $481,000; NCCI, No Re-Bid; and Zim Industries, $394,000. Net result of the re-bidding process was that the lowest bidder (Zim) is now $35,000 higher! As an Arizona taxpayer, I question this as a prudent use of public funds. NCCI is an A General Licensed Contractor in the State of Arizona and has successfully completed the drilling and construction of over 25 similar, but larger and deeper, than the two wells being offered by Oro Valley. The only difference between NCCI and the three or four other qualified well drillers is that they are a General Contractor teamed with a qualified well drilling sub-contractor. It is precisely this difference that the Town's Consultant has chosen as justification for the re-bidding. In doing so, he changed the wording of the Contract portion of the bid package to specifically exclude the Contractor/Sub-contractor arrangement between NCCI and AZCA Drilling and Pump, Inc. Even at that, the Consultant ignored the fact that the Special Provision, Section 201-3 B 1 of the Town's Contract was not changed from the first bid, W18- 1800. On the basis of that Provision, NCCI was qualified on the first bid! As President of AZCA Drilling and Pump, Inc., and NCCI's well drilling sub-contractor, I question the recommendation to be put before the Town Council on July 5, 200. I hope that the Council will defer awarding of any contract for well drilling services until this matter can b e thoroughly investigated. I feel that our request is in keeping with published Town' Standard Operating Procedures and in the interest of prudent use of public funds. I also feel that if this project is awarded to Zim Industries that we will have suffered potential loss of profits on this project. Your most careful consideration of this matter would be appreciated, and I would be available at your convenience to discuss this matter. Cor);,.•lly yours, de Lar , . Siddall, President cc: Chuck Sweet, Town Manager iv Kathryn Cuveller, Town Clerk. Town's Attorney All Town Council members Arizona Sub Contractor's Association . TL �t '�� e4; "-; :�z NCCI , Inc . •.. . = 1022 l;indry Avenue, PO.Box 1422 a Paramount.CA, 90723-1422 CA uesdra.+ 562 221:-1120•ic.x .562 22n-1133 E Mail: corp t@t n.rsiane.cnm June 21, 2000 ? FAJM{LL_AQU$.MAIL Mt_ Awn 0. Fad PS,DIrecor Town of Oro Volley Water Utiolv 11000 N. Le Canada Drive Ory Valley,AZ 95737 ReProjectN,.W 2O-2 (Bid date 6I2a ) Drilling&Completion of Ranchb Vistaeo Rte.Wall No•2 ViiNo. 3 DefrMr. FO NCO,Inc.: hereby formally protests the rebid&to Town of Oro frtifect Ming the Ranctx, Vist so T1s_ As you are awareNCCI believes it was the#met responsible bidder when this project ofiginatly deeignetedes -1 B-18O4,was bid on April 2.1,`"of this year. Our June 204'lamer tri you pointed out that NCC had rot yet received end document:Won es to why our bid proposal was not dctepted. We have provided the Tarn of Om nth vasifigibts credentiaits and references, and termly few we are qualified to complete the proiet in e professional cnattnr. in fact,we are just completing an eight erect with the City of Tu on Water Department that Involves wells with larger bore ftp,larger casings,and deeper depths than the wells to be did in the Town of Oro's project The reason for the raid appeforty does not involve financial considerations, in that the new bid documents make no telmical changes that wow result in cost savings. The net result is that with no change in a=Pe of the,eject caler bidders now have access to our low number, anci any competitive edge we may have had is now drastic*reduced_ The en)y thing the new documents do is make the bidder qualifications in thet they AIM ieqthre the amoral contractor to hold a dsit ing ftense. We dzi not understand thel emoning m t i*, NCCI is atm that the Town is very concerned ilbout its water al,orlageo Itnd that true is of the essence in this regarnd_ Again,we slc that you reconsider Giwardino*. s proiect to us the lowest responsible,bidder,so Ihet we cwi move ford and avoid further delayer in the p(oiect. Reganig, NCCI, Inc_ Nina S. Tate President N$T:gb :3.75 lSim `rurttbco,(1t 9‘1,07 0 w TBI:(415)974-0947 w to-(41.S)j?74-Qc14R L..Maif:neeis ' eartitlsnk.net IJ I '02 02:75Pri • . NCCI Inc . •••. ..• . . • roto--4:+.fnue,P(1 Bar 1422•PCIreUrtts.r!31. CA 90'723,1122 114.1.,. 1. 62)::0-1 I (;•Fax:(562)223-c j 1z beans• <.v964 :• . . E-M C+TTp ncCiinr,rpm 1 June 20, 2000 VIA FACSIMILE A,,,C ,§_!AIL Mr.AlIen D ForP.E.rest,. Director Town of Oso Vey Water Utility 11000 N. La Canada Drive Orr Valley.AZ M737 Re: Project No.W484860(Bid date 4/21100) Drag& Completion of Rancho Vistoso Rep.Wen NO.2 &No. Dear Mr. For : We are to recelpt of a May 24,2000 letter from Brown&CaldweR stating that all bids of April 2a c n tt a ebc -rete a eei project heck been rejected by the Tcrom of Oro Valley. NCCI hereby respectfully and fob protests this mon. As you are aware. NCC!wa► s the low bidder on the referenced proiect, Based on the Ti's$tar}dard Opel Procedures,to Mich we Nave been me privy. it Is our understanding that acceptance or rejection of bids on-Town of Oro profect must ocirrre from the Tyr Council. We do not believe this prtcedure was 1D d, but if it was folkmed, please provide us with cow of the minutes. We feet sect&n that NCCi meets all of the criteria for resvmelvenerm as set forth in ern '`E'r.0 these saline Stand Operating Pfeelarkires. We ask ttlat tCC1 be reconsidered az the lowest responsive bidder. 'Thank you very much?or yotw aeon. Should you require any additional information regarding our qualifications, do not nat hesitate to contact ors. Regards, NCV, Inc. Nina S. Teem President NT: b 8II1 Haug. Esq. Larry Stddat#,AZCA Dalin()'ng&Pump 3?5 1fhajj, Scree/a Scan Francisco,CA 94207 if let:(415) 974-094.7•Fox:(415) 924-494g -&4I1 4cc4st }ea rah1irtk.ttet TOWN OF ORO VALLEY COUNCIL COMUNICATION MEETING DATE: July 5,2000 TO: HONORABLE MAYOR & COUNCIL FROM: Robert Jacklitch, Project Manager SUBJECT: Project No. W20-2000 Oro Valley Water Utility Drilling and Completion of Rancho Vistoso Replacement Well No. 2 and No.3 SUMMARY: Per the direction of Mayor and Council through the 1999-2000 Capital Improvement Budget of the Oro Valley Water Utility, plans and specifications were provided for the invitation to publicly bid for the following project: Project No. W20-2000 Drilling and Completion of Rancho Vistoso Replacement Wells No.2 and No.3 TheJ ro'ect consists of drillingtwo replacement wells within the Oro Valley Water Utility System. The wells p are designated as Rancho Vistoso Replacement Well No.2 and No.3. Well No.2 will be located approximately '/4 mile north of the Tangerine Road bridge at Big Wash. Well No. 3 will be located approximately '/2 mile southwest of the intersection of Tangerine and Oracle Road. Combined, both replacement wells will increase water capacity by several thousand gallons per minute. Because the bid opening was scheduled for June 23, 2000, staff did not have the bid opening tabulation at the time of this writing. This information will be provided at a later date, but prior to the Council meeting. FISCAL IMPACT: To be provided at a later date. ATTACHMENTS: To be provided at a later date. SUGGESTED MOTION: To be provided at a later date. ii/4771 I l Project M. 4er z4/• Water Utility Director Town Manag- TOWN OF ORO VALLEYCOUNCIL COMMUNICATION MEE1'ING DATE: July 5, 2000 9 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Seng, Utility Administrator SUBJECT: Application for Inclusion to the Water Utility Service Area by Hartwood Homes SUMMARY: The Town of Marana contacted staff regarding four lots owned by Hartwood Homes located in the Countryside service area. The lots lie within the Marana town limits; however, Marana does not have the facilities to provide water service to them. The utility has the infrastructure and capacity to serve the properties. Marana has agreed to allow the properties to be served by Oro Valley permanently, thus the owner submitted an application of inclusion to the water utility service area. System connections will be completed pursuant to Oro Valley Water specifications and will be done at the applicant's sole expense. FISCAL IMPACT: The Utility will receive revenue from the sale of water to the four lots. RECOMMINDATIONS: Staff recommends approval of Hartwood Homes' Application for Inclusion to the Water Utility Service Area. SUGGESTED MOTION: I move to approve Hartwood Homes'Application for Inclusion to the Water Utility Service Area. OT I move to ATTACHMENTS: 1. Hartwood Homes'Application for Inclusion to the Water Utility Service Area Utility Adm istrator • W er Utility Di ector Air Town Manager 6-28-208 10:2dAP.1 FROM HEARTWOOD HOMES 7ddd767 P 1 Jun 19 00 09: 19a oro valley water utility 520-825-4621 p.2 TOWN OF ORO 'VALLEY APPLICATION FOR INCLUSION TO THE WATER UTILITY SERVICE AREA PLEASE PROVIDE THE FOLLOWING INFORMATION. PLEASE PRINT OR TYPE UNLESS OTHERWISE INDICATED. Ti 4 ' .LAf OWNER: \.1 c_011511aLc, OA • lot3Y) OWNER 1S: INDIVIDUAL SOLE PROPRIETORSHIP PAR7NCRSHIY ::-X7-CORPORATION OWNERS ADDRESS: - IL. _ 2_ g615,2 _ _ AUTHORIZED 1tLYR.ESENTATIVE: rt TITLE: . �s�rcc.��i � � � i h ' - ' _ '� GENERAL PROPERTY Q0ft) (io1z)� (iofl) iot�� LOCRT10N/1DENTIPICA770N: 8' --D-e esb, LEGAL DESCRIPTION ATTACHED IS: C v.2( c/iO I.LS ly €rf) lc_ RECORDED PLAT WITH LOTS. METES AND BOUNDS WITH AN AREA OF ACRES. PROPERTY IS: WITHIN THE TOWN LIMITS OUTSIDE OF THE TOWN LIMITS FEE ATTACHED(AT$2.00 PER LOT OR$5.00 PER ACRE): 1) S.00 6-20-200 10:24AM FROM HEARTWOOD HOMES 7444767 P. 2 Jun 19 00 09: 19a oro valley water utility 520-925-4G21 p- 3 /WE THE UNDERSIGNED DO HEREBY: • REQUEST THE TOWN OF ORO VALLEY TO EXPAND THE WATER UTILITY SERVICE AREA OF THE TOWN. • APPLY FOR OUR PROPERTY TO BE INCLUDED WITHIN THE SERVICE AREA OF THE ORO VALLEY WATER UTILITY. • AGREE TO FOLLOW ALL APPLICABLE STATUTES,ORDINANCES, POLICIES AND REGULATIONS. SUBMITTED: .6,11c5) SIGNATURE OF OWNERS.AUTHORIZED REPRESENTATIVE DATE STATE OF ARIZONA) COUNTY OF PIMA ) ss. THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF b / BY l �' �► 40) �- � �,fit-t�h'(' + � �,� Cv� �� �Q :. f rrr� �� ,As � � of .. 1 / (Io34) MY COMMISSION EXPIRES:_ NOTARY PUBL C t_^`1 v 1 LEL,—a r ` . .n.:.✓.� TOWN APPROVALS: DIRECTOR OF UTILITIES DATE TOWN COUNCIL (IF APPLICABLE): RESOLUTION NO. DATE 04/27/2000 23:18 4806090855 PAGE 01 • / Igo' 1.5' N 14Coz,,$Ec.4 • / F....Ligregi_eisgagifsiggiglinTok 4 j. T-1,25,1Z-IzE ., , ...."..e4..-.7& i g. Zce, d esoz-/77...„ 6 5.1z_13.i N. it/. ' t times ��,,t II i � ‘ 0 r � ik CONDunifgEvi � In 1 , , .., ? i 6,0,1, par nx no. A MOP 2 1?KL6.,..."-- 0 woimovg sie6' 11 4 IfffTE4 ...:),:;4-- N In TYP(CRL a/l5i1E T ('ETR4 °enM /LTAI8r I It I i =4O 4.,1/4„, Zoo / I 30 iw 'E55 £. Tl S*R3/1T I 17 i 1 N � ' � _ 2 . / � gily...400/1w 894037 9� ^� ., 165.00' Ic5Oo 1 5.0.00 i 1149.99' .�; 4 9 � 0 O ,, • •.aAmmx',,3 _pomme cf) , ....r._ _ . .4_ _____..._....FF„._ ...mi._........ff...... 4 ‘ Vie - 0 0 0 ts,___ . y AMIE a.%/ FliglEri, it , * it•••71 (64'' o PARCEL PARCEL.3 PA RCE.z PARCEL I IN .N W 1W2 S Nk4N4NWY ► Sh N� NE/ NWllro o SEC.Z5,T125 I2 ,Sl ,M. / czs) 6 ,P1MA CNrA��ZONa, 9% -1414 p� Cowry A�ZoMA rtno 1v), izt 4-‹:. v vl . I . CONSTRUCTION SPECIFICATIONS: 0 1 EA.-2'n 47 IF WATER SERVICE INSTALLATION TO COMPLY W/O.V.W. SPECS. 0 I EA, - 1 1/25'47 IF WATER SERVICE INSTALLATION TO COMPLY WI O.V.W.SPECS. CasrA go 0 1 EA.- 1"x 47 IF WATER SERVICE INSTALLATION TO COMPLY WI O.V.W SP!.C$. 0 19 S.Y.-EXIST PAVMT SAWCUT,REMOVE&REPLACE/MAG 200.'r TOP 01 EA.-T WATER METER SOX&COVER$Z STREET RATED/O.V.W $PVC.11 0 470 L.F. -2'P V C(C-900)WATER PIPE WATER SERV CE F,"..-•PARCEL 4 .... " MIT R sox .3 STREET RAID/av w4 5"1 -. STEVEN M. TF• P.E. 1 F.�l; I�2 wA>�R � , � r .��v, SPEcs. I" Lk 0X ovEa• 2 STREET RA za/� CONSULTING ENO G 5 V10E9 0 Zip_ WATER M�� 8 ,C 305 L.F.-FUTURE 2'P V.0 (C-900)WATER PIPE!SEPARATE PERMIT 11610 NORTH 63RD STREET AAATE PERMIT iEOTfsDALL ARZLONA 115254 (, ) l ei L.F.-FUTURE 2'P.V.C.(C- )WATER PIPE/S 04/25/2000 01:07 4806090855 PAGE 05 4-25-200 FROM HEAPTw000 HOMES 741414767 P. 4 March 19, 1999 LEGAL DESCRIPTION (PARCEL 1) A poison of the South Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 25,Township 12 South,Range 12 East,Gil.and Salt Raver Base and Meridian,Pinna County.Allton►,described as follows. Commencing at the Noah Quarter cornet of Said Section 25 run South 00 degrees 32 minutes OS seconds Fast along the North-South mid section line a distanco of 329 S4 feet to a point, Thence South 19 degrees 40 minutes 37 seconds West a distance of 30 00 feet to a potnt on the West Right-Of-Way of Camino Dc Oeste Road as it now exist,said point being the True Point Of Beginning. Thence South 00 degrees 32 minutes 08 seconds East along said Right-Of-Way a distance of 329.50 feet to it point, Thence South 19 degrees 43 minutes 30 seconds West a distance of 149 89 feet to a point, Thence North 00 degrees 33 minutes 10 seconds West a distance of 329.21 feet to a point, Thence North 69 degrees 40 minutes 37 seconds East a distance of 149.99 feet to the True Point Of Be gi enmg. TOGETHER WITH AND SUBJECT TO a private inks,encu and uulitics easement ever the North 3000 feet of the South Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 25,except the East 30 00 feet thereof. Farce:contains 1.134 Acnes 04/25/2000 01:07 4806090855 PAGE 06 d-25-2+3 8.31 ars rkCM HEARTWOUG Ha1ES 744 767 ✓. 5 Much 19. 1999 LEGAL DESCRIPTION (PARCEL 2) A portion of the South Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 25,Township 12 South,Range 12 East,Gila and Salt River E3ase and Metid'sn,Isitna County,Arizona,described as follows Commencing at the North Quarter corner of said Section 25 run South 00 degrees 32 minutes 08 seconds East along the Noah-South mid section line a distance of 329.54 feet to a pond. Thence South 19(ferrets 40 minutes 37 seconds West a distance of 179 44 feet to the Trve Point Of Beginning; 1 hence South 00 degrees 33 minutes ]Oseconds East a distance of 329 28 feet to a point; Thence South 59 dcgret:s 45 minutes 30 seconds West a distance of 149.90 feet to a point, Thence North 00 degrees 34 minutes 13 seconds West a distance of 329 07(cat to a point; Thence North 89 degrees 40 minutes 37 seconds East a distance of ISO 00 feet to the True Point Of Beginning TOGETHER WITH AND SUBJECT TO a private tngress,egress and utilities easement over the North 30.00 feet of the South Half of the Northeast Quarter of the Northeast Quarter of the Northwest Qua ter of Section 25,except the East 30 00 feet thereof. Parcel contains 1.133 Acres ..�.. - d � At ':;1'. ..fr.). i.s,1 hell i0` N4 Vii13.1';?'r�til,� �� 04/25/2000 01:07 4806090855 PAGE 07 4-25-200 a:31 Ati FRoti I-EARTWOCC ►-40tES 7444767 P. 6 March 19, 1999 LEGAL DESCRIPTION (PARCEL 3) A portion of the South Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 25.Towsiship 12 South,Range 12 East,Gila and Salt River Base and Mciidiarn.Pima County,Anions,described as follows Commencing at the North Quarter°owner of said Sect)on 25 tun South 00 degrees 32 minutes 0R seconds East along the North-South mid section line a distance of 329 54 feet to a point. Thence South 89 degrees 40 minutes 37 seconds West a distance of 329 99 feet to the True Point of Beginning, Thence South 00 dcgtees 34 minutes 13seconds East a distance of 329.07feet to a point, Thence South 89 degrees 45 insnsnes 30 seconds West a distance of 164 90feet to a point; Thence North 00 degrees 35 minutes 16 seconds West a distance of 328 83 feet to a point. Thence North 89 degrees 40 minutes 37 seconds East a distance of 165 OOfeet to the True Point Of Beginning. TOGETHER WITH AND SUBJECT TO a prvate ingress,egress and utilities easement over the North 30 00 feet of the South Half of the Northeast Quarter of the Northeast Quartet of the Northwest Quarter of Section 25,except the East 30.00 feet thereof Parcel contains 1 246 Acres w� 7..* II, li i,..,4ii 0 ?,•,‘,".r.P., 0 • N. S,.its . {• •on 4:% 04/25/2000 01:07 4806090655 PAGE 08 4--25--2010 S3241 FROM F-cAcT WOOD HCMES 7444 767 . 7 March 19, 1999 LEGAL DESCRIPTION (PARCEL 4) A purtion of the South Half of the Northeast Qvat ter of the Northeast Quartet of the Northwest Quarter of Section 25,Township 12 South,Range 12 East,Oils and Salt River Base and Mendian, Vilna County,Arizona,described as follows Commencing at the North Quartet corner of said Section 25 run South 00 degrees 32 minutes 08 seconds F./est along the North•South mid section line a distance of 329 54 feat to a point; Thence South 719 degrees 40 minutes 37 seconds West a distance of 494 99 feet to the True Point Of Bogsnnirtg: Thence South 00 degrees 35 minutes 16seconds test a distance of 328 83 feet to a point; Thence South 89 degrees 45 minutes 30 seconds West a distance of 1 64,90feet to a point Thence Noah 00 degrees 36 minutes 20seconds Vet a distance of 328 60feet to a point; Thence North 89 degrees 40 minutes 31 seconds East a distance of 165.00feet to the True Point Of$sgirrung. TOGETHER MTH AND SUBJECT TO a private tngress,egress and utilities easement over the North 30 00 feet of the South Haff of the Northeast Quartcr of the Northeast Quarter of the Northwest Quarter of Section 25,except the East 30 00 feet thereof Parcel contains 1.24SAcres • 10 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEE1'ING DATE: July 5, 2000 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Seng, Utility Administrator SUBJECT: Application for Inclusion to the Water Utility Service Area by Jason Wolfswinkel SUMMARY: The subject property is currently served by a private well. The owner,Jason Wolfswinkel, now desires to be served by the Oro Valley Water Utility. Recently a water distribution main was installed adjacent to the property that will facilitate a connection to the Town's distribution system. System connections will be completed pursuant to Oro Valley Water specifications and will be done at the applicant's sole expense. FISCAL IMPACT: The Utility will receive revenue from the sale of water to the property. RECOMMENDATIONS: Staff recommends approval of Jason Wolfswinkel's Application for Inclusion to the Water Utility Service Area. SUGGESTED MOTION: I move to approve Jason Wolfswinkel's Application for Inclusion to the Water Utility Service Area. or I move to ATTACHMENTS: 1. Jason Wolfswinkel's Application for Inclusion to the Water Utility Service Area Utility A strator W Utility Di for Town Manager TOWN OF ORO VALLEY APPLICATION FOR INCLUSION TO THE WATER UTILITY SERVICE AREA PLEASE PROVIDE THE FOLLOWING INFORMATION. PLEASE PRINT OR TYPE UNLESS OTHER WISE INDICATED. P/7 .1e al9'4��PROPERTY /C)9 3 OWNER: /j92,tJ 1� (/(4‘..-��'�iic.//c�� � OWNER IS: ✓INDIV1llUAL SOLE PROPRIE'1'ORSH1P PARTNERSHIP CORPORATION OWNERS ADDRESS: /45e AUTHORIZED RCPRESENTATIVE: >GH' ' / /( TITLC: V4C77-6,5' ��,E' GENERAL PROPERTY LOCATION/IDCNTIFICATION: /V . /A ,5:777-7-A/e7 L'7i9r)z/e. LEGAL DESCRIPTION ATTACHED IS: RECORDED PLAT WITH LOTS. METES AND BOUNDS WITH AN AREA OF ACRES. PROPERTY IS: WITHIN TI-IE TOWN LIMITS OUTSIDE OF THE TOWN LIMITS FEE ATTACHED (AT$2.00 PER LOT OR$5.00 PER ACRE): � So• 00 I/WE THE UNDERSIGNED DO HEREBY: • REQUEST THE TOWN OF ORO VALLEY TO EXPAND THE WATER UTILITY SERVICE AREA OF THE TOWN. • APPLY FOR OUR PROPERTY TO BE INCLUDED WITHIN THE SERVICE AREA OF THE ORO VALLEY WATER UTILITY. • AGREE TO FOLLOW ALL APPLICABLE STATUTES, ORDINANCES, POLICIES AND REGULATIONS. SUBMITTED: „ ,5/571/ SIGNATURE O" OWNERS AUTHORIZED REPRESENTATIVE DATE STATE OF ARIZONA) COUNTY OF PIMA ) ss. THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS gin- DAY OF (20067)101 AS ©�,C` OF // '1A- COJTY , TATE OF �KI20AJ/�N MY CO MI SION EXPIRES: ,�. iiijJL - - 4;//70200.5 NOTARY PUBLIC KIM K.MILLER "�';� Notary Public-Arizona PIMA COUNTY ,�`, My Commission Expires JUNE 17, 2003 TOWN APPROVALS: DIRECTOR OF UTILITIES DATE TOWN COUNCIL (IF APPLICABLE): RESOLUTION NO. DATE LEGAL DESCRIPTION 10 acres located in the northeast 1/4 of the northeast 1/4 of the northeast 1/4 of Section 22 Range 13 east and Township 11 south • Z001 00/16/00 14:33 /3520 219 8000 A _ .w•11a . �� N{.: 301--1 .f 1,1 ,. _____---7 ILIA ik N_ ,,,..46...../ • , ,. ..,4, B - /----71 ill!lia , ,..._- till' . . 4 . . .... .,., .M. I V 6. 14: Milt. MI 4 t 1 c, 1 • f t-i V . . .4„iii ,v •' . . �. y�1 if •• Lt •:,;•-i a `_1,�,i t • y��J;,,'+'v ':11',F:1,?. .,-;,i4..0'' t`t•- � •ii'} t • '' • t u; '•jVi).;,` �`•itrjt'.,1` '�1/4. i 4'`rH i.}�µ 41 %�hi�Hif�, 1Lttt t t I: '7,,,. <.y * tl '�1124`(',4�t`.1,,..4 J,'1,`':•:. • ,�.r 14. tom,•\,\ / + w 4 �(,,� : u. 1 a �' :I;il��,� '��T`cr••Y:'���'Atj'��i '�t,,vtt .t•�'•�1 Il' «���`a..f�+C'ff'�1+..:'iJJ•S:��S�.oaVa.���lt.{l'F.=y� � - 1 :a .: •• A j •l�,, a i,.• • t3{ita+...5,S .'`a:::..: ••..i)�.4...1 tl_ • �) , e. ,,,,f• ............. .r .... .,: Nib'•'.\.J. .,;,A• 1,..•• ... �'SI� ��'�L'7 O..,L? `+,.•;t �I•:,S1�1�,;'.j rl .�, Y.• .,I��^i3'��{`v••••) .�• _ • ..�.,i,_. -fl �0.• t...�.6"�t�__'7• ,1 ' ' • r!y,� •it ,•••,..).1-• .••• J•••.1..:.f:, ,• .;•l •-t•• e••. •1•• •1 R� • 1+ - r.,,...:ti�,.,"til' `• •.77 ` r• •- r; ,. . r,;J:''''''''..r...''•... `••.�....0-„,-,,,,,:.,./i.,•,•• • ... .• i••••'1,d1.:.:::'1"••••• . .:,•.i I'! �• .• J]",•11• r ' ''•'Of' yy r. , `1•j';‘;',.',r.i.'� .-.r, •.. .t. , 6 • , t :� -� ti.� r•'.. ''...:7. . r�.•' r."�� ait ' 1t•!,i •• F1��1 .' ..ft' ,. .�` '•-• t' f....i. :l � t.t` •�1���..'``�:C.• t•. .•� • �• .:!1•3-41• • at P • • • 11 f...+ �t`/rl i s � jJ 'Y:;!•,,.•,•:. ••R!ci .4 l •'.1.-14,..-:,.-f.i•i.•j • •• ) •:1.tom.^'•1 -1-"''�•••• _ ••' •t t'''''.t/ _ ti'4' t. .,.•A ••# i : •.._•• ? . . , • 1• • • • ....wry • • j.0,..;' ,,, 99 T 11 ��ti Ti'i:•iitz : T TOWN OF ORO VALLEY SUPPLEMENTAL COUNCIL COMMUNICATION MEETING DATE: 7-5.2000 TO: HONORABLE MAYOR& COUNCIL FROM: Terry Vosler Building Safety Administrator T( V L! Resolution (R)00-72 SUBJECT: RESOLUTION DECLARING AMMENDMENTS AND ADDITIONS TO CHAPTER SIX OF THE TOWN CODE PUBLIC RECORD. BACKGROUND: The Town has adopted and currently enforces the 1994 editions of the Uniform Codes and the 1996 edition of the National Electric Code all with the Town of Oro Valley Amendments. Chapter Six of the Oro Valley Town Code references and formally adopted these codes. The Uniform Codes are no longer being published and have been replaced by the International Codes. The purpose of this Resolution is to declare the International Building Code, International Residential Code, International Fire Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, National Electric Code, Uniform Code for the Abatement of Dangerous Buildings and the Town of Oro Valley Amendments to these codes, public record. STAFF RECOMMENDATION: Staff recommends that the Mayor and Council approve Resolution (R) 00- 72 SUGGESTED MOTION: The Council may wish to consider the following motion: I move to approve Resolution (R) 00- 72 declaring the International Building Code, International Residential Code, International Fire Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code. International Energy Conservation Code, National Electric Code, Uniform Code for the Abatement of Dangerous Buildings and the Town of Oro Valley Amendments to these codes, public record. ATTACHMENTS: 1. Town of Oro Valley Amendments to the International Building Code,. International Residential Code, International Fire Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code and the National Electric Code. TOWN OF ORO VALLEY "OUNCIL COMMUNICATION Page 2 of 2 , d( uildin: Safety Administrator ja.)1— Community Development Director (37/410'461 - Town Manager RESOLUTION NO. (R) 00-72 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, REFERENCING THE AMENDMENTS AND ADDITIONS TO THE BUILDING CODES AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND THE NATIONAL FIRE PROTECTION ASSOCIATION, INC. RESPECTIVELY AND WITH AMENDMENTS APPENDED THERETO, DECLARING THOSE DOCUMENTS, MADE A PART OF "CHAPTER 6, BUILDING, OF THE ORO VALLEY TOWN CODE," TO BE PUBLIC RECORDS. BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, and being made a part of Chapter 6. Building, of the Oro Valley Town Code, those certain documents entitled "National Electric Code, 1999 Edition." as published by the National Fire Protection Association, Inc. with amendments appended thereto, the "Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition," as published by the International Conference of Building Officials, and the following referenced documents, as published by the International Code Council, Inc., three copies of each which are on file in the office of the Town Clerk, are hereby declared to be public records and said copies are ordered to remain on file with the Town Clerk: International Building Code, 2000 Edition, with amendments appended thereto International Residential Code, 2000 Edition, with amendments appended thereto International Fire Code, 2000 Edition International Mechanical Code, 2000 Edition International Plumbing Code, 2000 Edition, with amendments appended thereto International Fuel Gas Code, 2000 Edition, with amendments appended thereto International Property Maintenance Code, 2000 Edition International Energy Conservation Code, 2000 Edition PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5th day of July , 2000. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: #4114 err_ _ _ it4 ,4t-• _OP Dan L. Dudley, Town Attorney Ch 6 Public Record(c) Office of the Oro Valley Town Attorney/SIB 6.30.2000 TOWN OF ORO VALLEY AMENDMENTS TO THE INTERNATIONAL BUILDING CODE 2000 EDITION The following provision of the International Building Code, 2000 Edition, as published by the International Code Council, Inc., is hereby amended as follows: 1. Insert subsection 108.2.1, Permit Fees, which shall reflect the fee schedule of Table 3-A, Building Permit Fees (Amended), of the Uniform Administrative Code, 1997 Edition, attached hereto. Ch 6 Amendment Office of the Oro Valley Town Attorney/SIB 6.23.2000 TOWN OF ORO VALLEY AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE 2000 EDITION The following provision of the International Residential Code, 2000 Edition, as published by the International Code Council, Inc., is hereby amended as follows: 1. Insert subsection 108.2.1, Permit Fees, which shall reflect the fee schedule of Table 3-A, Building Permit Fees (Amended), of the Uniform Administrative Code, 1997 Edition, attached hereto. Ch 6 Amendment Office of the Oro Valley Town Attorney/SIB 6.23.2000 • TOWN OF ORO VALLEY AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE 2000 EDITION The following provision of the International Plumbing Code, 2000 Edition, as published by the International Code Council, Inc., is hereby amended as follows: 1. At Section 106.6.2, Fee Schedule, insert Table 3-D, Plumbing Permit Fees, which shall reflect the fee schedule of Table 3-D, Plumbing Permit Fees, of the Uniform Administrative Code, 1997 Edition, attached hereto. Ch 6 Amendment Office of the Oro Valley Town Attorney/SIB 6.23.2000 TOWN OF ORO VALLEY AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE 2000 EDITION The following provision of the International Mechanical Code, 2000 Edition, as published by the International Code Council, Inc., is hereby amended as follows: 1. At Section 106.5, Fee Schedule, insert Table 3-C, Mechanical Permit Fees, which shall reflect the fee schedule of Table 3-C, Mechanical Permit Fees, of the Uniform Administrative Code, 1997 Edition, attached hereto. Ch 6 Amendment Office of the Oro Valley Town Attorney/SIB 6.23.2000 TOWN OF ORO VALLEY AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE 2000 EDITION The following provision of the International Fuel Gas Code, 2000 Edition, as published by the International Code Council, Inc., is hereby amended as follows: 1. At Section 106.5.2, Fee Schedule, insert Table 3-D, Plumbing Permit Fees, which shall reflect the fee schedule of Table 3-D, Plumbing Permit Fees, of the Uniform Administrative Code, 1997 Edition, attached hereto. Ch 6 Amendment Office of the Oro Valley Town Attorney/SIB 6.23.2000 M , TOWN OF ORO VALLEY AMENDMENTS TO THE NATIONAL ELECTRICAL CODE 2000 EDITION The following provision of the National Electrical Code, 2000 Edition, as published by the National Fire Protection Association, Inc., is hereby amended as follows: 1. At Article 90-4, insert subsection "a," Electrical Permit Fees, which shall reflect the fee schedule of Table 3-B, Electrical Permit Fees, of the Uniform Administrative Code, 1997 Edition, attached hereto. Ch 6 Amendment Office of the Oro Valley Town Attorney/SIB 6.23.2000