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**AMENDED (3-16-99, 2:00 p.m.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 17, 1999 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE 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. RESOLUTION NO. (R)99-31 CANVASS OF THE VOTE, MARCH 9, 1999 SPECIAL/RECALL ELECTION 1a. SWEARING IN CEREMONY - OATH OF OFFICE 10 minute recess 2. CONSENT AGENDA (Consideration and/or possible action) A. Minutes - 2-22-99; 2-24-99; 3-1-99; 3-3-99 B. Police Report - January 1999 C. Finance Report- January 1999 D. Building Codes Activity Report - February 1999 03/17/99 Agenda, Council Regular Session 2 E. Resolution No. (R)99-32 Accepting a waiver to the No Access Easement to allow access to the rear of a lot for the construction of a pool at David Ortiz residence, Lot 32, Copper Creek II Block C F. Resolution (R)99-33 Accepting a Waiver to the Oro Valley Town Code, Section 11-3-5 Vehicle Weight Limitations as requested by Alvaro Alvarez of the United States Postal Service G. Resolution No. (R)99-34 Approving and authorizing the execution of a contract with the AAA Landscape Company for landscape maintenance services of town facilities H. Granting permission for ice cream vendor to sell on the streets within Oro Valley Town limits pursuant to Section 8-1-6 of the Oro Valley Town Code I. Resolution No. (R)99-35 Accepting a License Agreement for the installation and maintenance of landscaping elements within the La Canada Drive right of way as requested by Beztak Companies, owner of the Golf Villas Apartment Complex J. Resolution No. (R)99-36 Awarding a contract proposal to Westland Resources, Inc. to provide Engineering Design and Project Management Services for capital improvements within Oro Valley Water Improvement District No. 1 K. Oro Valley Water Utility Commission — request for extension to file annual report L. **Consideration of Town Magistrate Selection Committee recommendations to appoint George Dunscomb as Town Magistrate effective April 8, 1999 —April 7, 2001 3. CONTINUED PUBLIC HEARING — ORDINANCE NO. {O)99-07, OV9-98- 19 REQUEST TO AMEND THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT, AS IT PERTAINS TO NEIGHBORHOOD 10 PARCEL J: 1) BUILDING HEIGHT; 2) PARKING REQUIREMENTS LOCATED AT THE NORTHWEST CORNER OF RANCHO VISTOSO BLVD. AND VISTOSO HIGHLANDS DRIVE (CONTINUED FROM 3-3-99) 4. CONTINUED PUBLIC HEARING — ORDINANCE NO. (0)99-11, OV9-99- 21, TRANSLATIONAL ZONING OF THE ARIZONA DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD PROPERTY, FROM PIMA COUNTY SR TO R1-144 WITH CHURCH DEVELOPMENT ENTITLEMENTS (CONTINUED FROM 3-3-99) 5. CONTINUED PUBLIC HEARING — ORDINANCE NO. (0)99-15, AMENDING ORDINANCE NO. (0)96-27 TO PROVIDE A SUPPLEMENT TO THE TOWN OF ORO VALLEY GENERAL PLAN — OPEN SPACE/RECREATION ELEMENT —TOWN OF ORO VALLEY PARKS, OPEN SPACE, AND TRAILS MASTER PLAN (CONTINUED FROM 3-3- 99) 03/17/99 Agenda, Council Regular Session 3 6. PUBLIC HEARING - ORDINANCE NO. (0)99-16 0V9-99-01, VILLAGES OF LA CANADA PLANNED AREA DEVELOPMENT (PAD) AMENDMENT TO BLOCK A CHANGING THE DESIGNATION FROM HIGH DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL 7. PUBLIC HEARING - ORDINANCE NO. (0)99-17 OV9-98-2A AMENDING THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT FOR NEIGHBORHOOD 11, REALIGNMENT OF THE EQUESTRIAN/HIKING TRAIL 8. OV12-98-22 STONE CANYON II PRELIMINARY PLAT, COMMON AREAS A & B, RANCHO VISTOSO NEIGHBORHOOD 11 (PROPERTY LOCATED IN THE NORTHWEST CORNER OF THE RANCHO VISTOSO PAD, NORTH AND WEST OF THE GOLF CLUB AT VISTOSO) 9. APPROVAL OF PUBLIC ARTS SELECTION PROCESS FOR THE CDO RIVERFRONT PARK AND THE ORO VALLEY DEVELOPMENT SERVICES CENTER 10.** APPOINTMENT OF TOM VETRANO TO SERVE ON THE MUNICIPAL PROPERTY CORPORATION 11.** SELECTION OF VICE MAYOR 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 bythe 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: 03/10/99 AMENDED AGENDA POSTED: 03/16/99 4:30 P.M. 2:00 P.M. Ih rg AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 17, 1999 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE 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. RESOLUTION NO. (R)99-31 CANVASS OF THE VOTE, MARCH 9, 1999 SPECIAL/RECALL ELECTION la. SWEARING IN CEREMONY- OATH OF OFFICE 10 minute recess 2. CONSENT AGENDA (Consideration and/or possible action) A. Minutes - 2-22-99; 2-24-99; 3-1-99; 3-3-99 B. Police Report- January 1999 C. Finance Report- January 1999 D. Building Codes Activity Report- February 1999 03/17/99 Agenda, Council Regular Session 2 E. Resolution No. (R)99-32 Accepting a waiver to the No Access Easement to allow access to the rear of a lot for the construction of a pool at David Ortiz residence, Lot 32, Copper Creek II Block C F. Resolution (R)99-33 Accepting a Waiver to the Oro Valley Town Code, Section 11-3-5 Vehicle Weight Limitations as requested by Alvaro Alvarez of the United States Postal Service G. Resolution No. (R)99-34 Approving and authorizing the execution of a contract with the AAA Landscape Company for landscape maintenance services of town facilities H. Granting permission for ice cream vendor to sell on the streets within Oro Valley Town limits pursuant to Section 8-1-6 of the Oro Valley Town Code I. Resolution No. (R)99-35 Accepting a License Agreement for the installation and maintenance of landscaping elements within the La Canada Drive right of way as requested by Beztak Companies, owner of the Golf Villas Apartment Complex J. Resolution No. (R)99-36 Awarding a contract proposal to Westland Resources, Inc. to provide Engineering Design and Project Management Services for capital improvements within Oro Valley Water Improvement District No. 1 K. Oro Valley Water Utility Commission — request for extension to file annual report 3. CONTINUED PUBLIC HEARING — ORDINANCE NO. (0)99-07, OV9-98- 19 REQUEST TO AMEND THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT, AS IT PERTAINS TO NEIGHBORHOOD 10 PARCEL J: 1) BUILDING HEIGHT; 2) PARKING REQUIREMENTS LOCATED AT THE NORTHWEST CORNER OF RANCHO VISTOSO BLVD. AND VISTOSO HIGHLANDS DRIVE (CONTINUED FROM 3-3-99) 4. CONTINUED PUBLIC HEARING — ORDINANCE NO. (0)99-11, OV9-99- 21, TRANSLATIONAL ZONING OF THE ARIZONA DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD PROPERTY, FROM PIMA COUNTY SR TO R1-144 WITH CHURCH DEVELOPMENT ENTITLEMENTS (CONTINUED FROM 3-3-99) 5. CONTINUED PUBLIC HEARING — ORDINANCE NO. (0)99-15, AMENDING ORDINANCE NO. (0)96-27 TO PROVIDE A SUPPLEMENT TO THE TOWN OF ORO VALLEY GENERAL PLAN — OPEN SPACE/RECREATION ELEMENT— TOWN OF ORO VALLEY PARKS, OPEN SPACE, AND TRAILS MASTER PLAN (CONTINUED FROM 3-3- 99) 03/17/99 Agenda, Council Regular Session 3 6. PUBLIC HEARING - ORDINANCE NO. (0)99-16 0V9-99-01, VILLAGES OF LA CANADA PLANNED AREA DEVELOPMENT (PAD) AMENDMENT TO BLOCK A CHANGING THE DESIGNATION FROM HIGH DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL 7. PUBLIC HEARING - ORDINANCE NO. (0)99-17 OV9-98-2A AMENDING THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT FOR NEIGHBORHOOD 11, REALIGNMENT OF THE EQUESTRIAN/HIKING TRAIL 8. OV12-98-22 STONE CANYON II PRELIMINARY PLAT, COMMON AREAS A & B, RANCHO VISTOSO NEIGHBORHOOD 11 (PROPERTY LOCATED IN THE NORTHWEST CORNER OF THE RANCHO VISTOSO PAD, NORTH AND WEST OF THE GOLF CLUB AT VISTOSO) 9. APPROVAL OF PUBLIC ARTS SELECTION PROCESS FOR THE CDO RIVERFRONT PARK AND THE ORO VALLEY DEVELOPMENT SERVICES CENTER 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: 03/10/99 4:30 P.M. Ih 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. 03/17/99 Agenda, Council Regular Session 4 The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 297-2591. 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. 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: Resolution No. (R)99-31 — Canvass of the Votes — Declaring and adopting the results of the Special/Recall Election held on March 9, 1999 SUMMARY: The attached resolution declares and adopts the results of the special/recall election held on March 9, 1999. Attached are the unofficial final totals from Pima County Elections: Wayne Bryant 2,379 (61%) Cheryl Skalsky 1,445 (37%) The certified results of the election will be delivered to you upon receipt by Pima County Elections. RECOMMENDATION: Approve Resolution No. (R)99-31 canvassing the votes of the March 9, 1999 Special/Recall Election. SUGGESTED MOTION: I move to approve Resolution No. (R)99-31. ATTACHMENTS: 1. Resolution No. (R)99-31 2. Unofficial final results from Pima County Elections - e&-z D- ea -ntHead Town Manag:. RESOLUTION NO. (R) 99-31 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE RECALL ELECTION HELD ON MARCH 9, 1999; AND ORDERING THE RECORDING OF SUCH RESOLUTION. WHEREAS, the Town Council did cause notice of the recall election to be given by the Town Clerk publishing notice thereof in The Daily Territorial newspaper as provided by law, such newspaper published in and having general circulation within said town, which said notice as so published did specify the place whereat such election was to be held, and the candidates to be voted upon, copy of said notice with the affidavit of publication attached thereto, being now on file and a part of the official records of the town council of said town, and WHEREAS, the election returns have been presented to and have been canvassed by the town council . NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, as follows : SECTION 1. That the total number of ballots cast at said recall election, as shown by the poll lists, was 3 , 875 . Total Ballots counted was 3 , 875 . SECTION 2 . That the number of to be verified ballots processed was 15 , and that the number of to be verified ballots not verified to count were 4 . SECTION 3 . That the votes cast for the candidates for council member were as follows : NAME VOTE TOTAL BRYANT, WAYNE 2 , 379 SKALSKY, CHERYL 1, 445 SECTION 4 . That the following candidate did receive a majority of the ballots cast in said Recall Election and shall be declared elected for the remainder of the term: Wayne Bryant 2 , 379 SECTION 5 . That all orders or resolutions in conflict be and the same are, to the extent of such conflict, hereby repealed, and that this resolution be in full force and effect immediately upon its adoption. PASSED AND ADOPTED BY the Mayor and Council of the Town of Oro Valley, Arizona, this 17th day of March, 1999 . Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney NHK-1U-dd wr.0 ue:5u en r l MH UUUN l Y LLEU'I'1 UNC f-IX NU. b U b?U 1414 t'. U 1 i Pi:tin,1-1-77rt'IA 1 Election Summary Report Date:03/10/99 . Special Elections, March 9, 1999 Time:14:23:21 FINAL TO'T'ALS . COUNTED Page:l �f 3 AIL. BALLOTS _......... ........._.................„ 1rUARITA S.D.#30 QUESTION 1 VoteFor: 1 Polling EarlyTBV Lates Prerl Reporting t 6/6 _ 6l6 6/6 6/6 6/6 100.0096 t Ballots Cast/Reg.Voters(3816) 556 69 2 0 627 16.4 1 Total Votes39'a •! 551 67 1 0 619 98.72 Times Blank Voted 5 2 1 0 81.28% t L• Times Over Voted 0 0 0 0 0 0.00% Number Of Under Votes 0 0 0 0 0 0.00% I YES 251 30 0 U 281 44.82% NO 300 37 1 0 338 53.91% SAHUARITA COUNCIL - VoteFor:4 Polling Early TBV Lates Precincts Reporting 2/2 2/2 2/2 2/2 2/2 100.00% Ballots Cast/Reg. Voters(1527) 323 . 51 1 0 375 24.56% Total Votes 894 161 1 pI Tunes Blank Voted 1 Q56 2$I.60% 43 7 0 0 50 13.33% :. Times Over Voted Number Of V 0 0 0 0 0 0.00%Under otes __.. 226 15 3 - d 244 65.07% ` s Q ,JIM 193 38 1 0 232 61.87% } KOVACS,EL MER 134 15 0 0 149 39.73% OLDHAM, 7 E. 214 40 0 0 254 ` PA►1ZRISH,LEE 1606 .73� � 26 0 0 186 49.60% , VAN CAMP,GORDON 184 38 0 0222 t Write-in'Votes 9 59.20% 4 r-- --........•..--- --..._......_.._...,.....,,....._. ,..... 4 0 0 13 3.47% ' .. -n .r t - •+-v. +{+• +-.rte...• _--- 1 SAHUARrTA PROPOSITION 300 _ w- _ i. VoteFor: I Polling Early TBV Lates r Precincts Reporting 212 2/2 2/2 2/2 212 100.00% Ballots Cast/Reg.Voters(1527) 323 51 1 0 375 24.56% ► Total Votes 310 48 1 0 359 . 95.73% Times Blank Voted 13 3 0 0279�a j 4.6 1 Times Over Voted 0 0 0 0 0 0. Number Of Under Votes 00% 0 0 0 o _ a.ao% i . YES 82 18 0 0 100 26.67% NO 228 30 1 0 259 69_07% t• _..ti...•,•-.,mow ORO VALLEY RECALL VoteFor: 1 Polling Early TBV Lates Precincts Reporting 515 5/5 5/5 515 / S 5 100.00 Ballots Cast/Reg.Voters(15484) , 3516 341 16 ? 3875 25.0370 ► Total Votes 3469 338 15 2 3824 98.68% Times Blank Voted 47 3 1 0 511.320 . Times Over Voted 0 0 0 0 0 0.0 % . Number Of Under Votes 0 o 0 0 0.00% BRYANT,WAYNE 2138 233 6 2 2379 61.39% SI ALSKY,CHERYL 1331 . . 105 9 0 1445 37_295b t AFFIDAVIT OF PUBLICATION STATE OF ARIZONA) :ss. COUNTY OF PIMA ► T A C E Y ST is NS U N being first NOTICE OF ELECTION PUBLIC NOTICE OF dulysworn, deposes and says that (he) (she) is the Legal Advertising Manager TOWN OF ORO VALLEY, ARIZONA Notice is hereby given that the Town of Oro Valley, Arizona will of THE DAILY TERRITORIAL, a daily newspaper printed and published in the hold a recall election as follows: Recall Election: March 9, 1999 'Offices to be filled: County of Pima, State of Arizona, and of general circulation in the City of Tucson, One Council Member Location of the Polls: (The polls will be open from 6:00 a.m. until 7:00 p.m.) County of Pima, State of Arizona and elsewhere, and the hereto attached VOTING AREA POLLING PLACE 09-01 (Pct. 341) Mountain Vista RECALL E L.l.7.C.T I CIN n Recreation Center Navajo Room MARCH `:1? .l.9 9":? 1495-A E.Rancho Vistoso Boule- vard Oro Valley, Arizona 85737 F'(..i F.:L.S • N O l' 1.C.;E 09-02 (Pct. 360) Resurrection Lutheran Church Fellowship Hall 11575 N. 1st Avenue Oro Valley, Arizona 85737 09-03 (Pct. 200, 310, 361) Oro Valley Town Hall Council Cham- bers 11000 N. La Canada Dnve Oro Valley, Arizona 85737 09-04 (Pct. 012) Oro Valley Church of the Nazarene Fellow- was printed and published correctly in the regular and entire issue of said THE ship Hall 500 W.Calle Concordia Oro Valley, Arizona 85737 09-05 (Pct. 013, 280, 346) Ca- nyon Del Oro Baptist Church DAILY TERRITORIAL for issues; that the first was made Rooms 6 and 9 9200 N. Oracle Road Oro Valley, Arizona 85737 i.:. For more information, call the Clerk's Office at 297-2591. Ka- on the day of 1 9 thryn E Cuvelier Kathryn E. I'.a`I-;l-1 ,I A N1 R Cuvelier, CMC January 19, 1999 Date 'The candidate receiving the and the last publication thereof was made on the day of largest number of votes shall be �. declared elected for the remain- der of the term and shall begin serving the remainder of the term ,.�A N U A R"' 19 ': ;that said publication on his qualification for the office and on completion of the can- vass. Pub: The Daily Territorial was made on each of the following dates,to-wit: January 19, 26, 1999 Req: Town of Oro Valley 0 .1 1:• `-•,9 pnrecali 1/19/99 tie ' r ter'„: "` Request of -F0 ki F '...l f-=;i.::j V,r ` 1....'L.L:% Daily By \-SLA_S(;,-vm Subscribed and sworn to before me this day of i _ .. ,jam • I. -ARIZONA r . ~• P�i.';4',COUNTY tkua510‘'&4 „eV' �.. ..-.c•w-...sem Notary Public in an for the Coun y of Pima, State of Arizona My Commission Expires:et 4)/e Witt tt u wGu uL,our r t CtH uuuN t Y LLtIi t 1 UNCLtt HX NU. b U b?U 1414 t', 01 irli4nr:$74;n71.iiii Report tate:o3l10Election S199 Special Elections, March 9, Page:1 'I'ime:l4- 3:z1 -.). . , . .1_, , _ ..„ X999 . ,....._____, F' NAL TO' ',ALS ., BALLOTS 3 FAHUARITA S.D.#30 QUESTION 1ePor: 1 PoIIin lel I. Precincts Reporting g Y TBV dates t• 616 _ 616 6/6 6/6 6/6 100.00% i Ballots Cast/Reg. Voters(3816) 556 69 Total Votes 2 0 627 16.43% 551 67 I 0 619 98.72% i Times Blank Voted 5 2 Times Over Voted 1 0 8 1.28% a o o a 0 0.0096 Number Of Under Votes 0 0 0 0 0 0.00%o , YES25130 0 .� , NO O0 28144.82%t ■jw,'■�/�j� 7 .•+.._1- +ter.• 3YY 3 I 1 0 338 53.91% t SAHUARITA COUNCIL VoteFor:4 Polling Early TBV Lates Reporting. � • 2/22/2212 2r2 2/2 I00.00% Ballots Cast/Reg. Voters(1527) 323 . 51 Total Votes 1 0 375 24.56% 894 161 I 0 1056 281.60% Times Blank Voted 43 7 0 I Times Over Voted 0 50 13.339'0 ° ° o 0 0 0.00% i Number Of Under Votes 226 15 I BA ,3IM �--'-" ---.- --- 3_..., - 0 244 65.0?%a� KOVACS,ELEMER 193 38 I 0 232 6/.87% OLDHAM,CHARLES 134 15 Q 0 149 39.73%i- E. 214 40 0 PA,R:RISH,LEE 0 254 67.73% VAN CAMP,GORDON 160 26 0 0 186 49.60% 184 38 0 0 222 59.20% Write-in Votes 9 4 0 '.T-.^?q4_...1.r ....f...T,. _..yY.M.r • 13 3.47% 1 SAHUARITA PROPOSITION 300 -- - VoteFor: 1 2/2 Polling Early TBV Lates i. Precincts Reporting Ballots Cast/Reg_Voters(1527) 2/2 2/2 100.00% 1 323 S 1 i 0 375 24.56% Total Votes 310 4$ � Times Blank Voted i 0 359 . 95.73% 13 3 0 0 16 4.27% Times Over Voted 0 pi Number Of Under Votes 0 0 a 0 0.00 0 0 0 0 _ 0.00% �� 82 1 gi . NO (/�' 0 04 100 26.6��0 : ..-----..-.-.-..rte•..v.. -7-.., --.wr.-r----7--- -.,.►ti. . 228 3V 1 259 69.07%i. ORO VALLEY RECALL VoteFor. 1 Polling Earl Precincts Reporting Y TBV Later, i SIS 5/5 5/5 5/5 5/5 I00.00% - Ballots Cast/Reg.Voters(1 5484) _ 3516 341t Total Votes 16 - 3875 25.d3�To Times Blank Voted 3469 338 15 2 3824 98.68% i Times Over Voted 47 3 1 0 51 1.32% E Number Of0 0 0 0 0 0.00% � Under Votes 0 0 BRYANT,WAS 2 2138 233 6 2- 0 4 0.?379 b1.3939% SKALSKY,CHERYL 1331 . 105 9 0 1445 37.29% e � At,v ;:\-.4.artrifflri_/4" 9RIZtOlY PIMA COUNTY oFficIAL TOWN OF 0 iX)) VALLEY RECALL ELECTION MARCH 9, 1999 PIMA COUNTY DIVISION OF ELECTIONS 130 W. CONGRESS ST. 8TH FLOOR TUCSON, AZ $5701 TEL. 740-4260 1 ELECTIONS MrtNkfiEFt: MITCH ETI'£ft AeAre (r1,, 0-`' DIVISION OF ELECTIONS 130 W. CONGRESS STREET TUCSON, ARIZONA 85701 (520) 740-4260 FAX (520) 620-1414 MITCH ETTER Elections Manager Be Heard... VOTE! March 12, 1999 In accordance with Arizona Revised Statutes, Titlel6, I hereby certify the enclosed tabulation is a full, true and correct copy of the Returns of the Consolidated EIections held pursuant to Arizona Constitution and Arizona Revised Statutes Title 9, 15 and 16 in and for The Sahuarita Unified School District No. 30, The Town of Oro Valley, The Town of Marana, The Town of Sahuarita and The City of South Tucson, Pima County, Arizona on March 9, 1999. This tabu- lation includes all early ballots and verified ballots cast at said election. Respectfully sub ed, 7// Mitchel F. Etter. 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C....5 ,,, L •.• ,' i I = 0'. \\Z y I ; -, a� aro a? ..- (1 ice-7,, —.) - r r/� -7_,,., 2 '� 1 Fiz ,u V!!/ . ,G 1 '. ; ! • �`P,141-.-_,Ail . II; Ar A.4 ' DIVISION OF ELECTIONS \'�1ZO�.7 130 W.CONGRESS STREET TUCSON, ARIZONA 85701 MI1'CH E1TrR (520) 740-4260 FAX (520) 620-1414 Elections Manager Be Heard... VOTE! March 10, 1999 CANVASS INFORMATION Town of Oro Valley TOTAL ELIGIBLE REGISTRATION 15,484 EARLY BALLOTS PROCESSED & COUNTED* 343 BALLOTS CAST AT THE POLLS 3516 BALLOTS TO BE VERIFIED (TBV) 20 TBV'S NOT VERIFIED TO COUNT 4 TBV'S VERIFIED & COUNTED 16** (••Includes 1 ballot returned form the ballots that had to be duplicated) TOTAL BALLOTS CAST 3875 25.03% * Early Ballots (EARLY) include the Early Ballots counted on election day and all Early Ballots turned by 7:00 p.m. on election day (LATES). MARCH 9, 1999 CONSOLIDATED ELECTION CANVASS INFORMATION TOWN OF CRC VALLEY RECALL ELECTION MARCH 9, 1999 OFFICIAL POLLING PLACE LIST VOTING AREA POLLING PLACE 09-01 Mountain Vista Recreaticn Center (Pct. 341) Navajo Room 1495-A E. Rancho Vistoso Boulevard Oro Valley, Arizona 85737 09-02 Resurrection Lutheran Church (Pc . 360) Fellowship Hall 11575 N. 1st Avenue Oro Valley, Arizona 85737 09-03 Oro Valley Town Hall (Pct. 200, 310, Council Chambers 361) 11000 N. La Canada Drive Oro Valley, Arizona 85737 09-04 Oro Valley Church of the Nazarene (Pct. 012) Fellowship Hall 500 W. Calle Concordia Oro VaIIey, Arizona 85737 09-05 Canyon Del Oro Baptist Church (Pct. 013,280 Rooms 6 and 9 346) 9200 N. Oracle Road Oro Valley, Arizona 85737 STATEMENT OF VOTES CAST Statement of Votes Cast Date:03i 10/991 • Time:14:3 :31, Special Elections, March 9, 1999 _v ., Pa`e:4of FINAL TOTALS ALL BALLOTS COUNTED ORO VALLEY RECALL . ,- 7 7 - El f ti i VOTING A " Eik TOTALS Election Summary Report Date:03/10/99 Time:14:34:49'Special Elections, March 9, 1999 Page:1 of l Summary for 09-01, All Races ORO VALLEY RECALL VoteFor: 1 Polling Early TBV Lates Precincts Reporting 1/11/1 1/1 1/1 1/1 100.00% - Ballots Cast/Reg. Voters (3473) 1510 110 4 0 1624 46.76% Total Votes 1496 109 3 0 1608 99.01% Times Blank Voted 14 1 1 0 16 0.99% Times Over Voted 0 0 0 0 0 0.00% Number Of Under Votes 0 0 0 0 0 0.00% BRYANT,WAYNE 820 73 2 0 895 55.11% SKALSKY,CHERYL 676 36 1 0 713 43.90% Election Summary P Re ort Date:03/10/99' Special Elections, March 9, 1999 Time:14:34:55 Page:1ofl Summary for 09-02, All Races ORO VALLEY RECALL VoteFor: 1 Polling Early TBV Lates Precincts Reporting 1/1 1/1 1/1 1/1 1/1 100.00% Ballots Cast/Reg. Voters(2200) 461 - 44 3 0 508 23.09% Total Votes 451 44 3 0 498 98.03% Times Blank Voted 10 0 0 0 10 1.97% Times Over Voted 0 0 0 0 0 0.00% Number Of Under Votes 0 0 0 0 0 0.00% BRYANT,WAYNE 313 36 0 0 349 68.70% SKALSKY, CHERYL 138 8 3 0 149 29.33% Election Summary Report Date:03/10/99 Special Elections, March 9 1999 Time:14:34:5Pa e:1 of 1 Summaryfor 09-03, All Races , . ORO VALLEY RECALL VoteFor: 1 Polling Early TBV Lates Precincts Reporting 1/1 1/1 1/1 1/1 1/1 100.00% Ballots Cast/Reg. Voters (5517) 894 ! 101 8 2 1005 18.22% Total Votes 876 99 8 2 985 98.01% Times Blank Voted 18 2 0 0 20 1.99% Times Over Voted 0 0 0 0 0 0.00% Number Of Under Votes 0 0 0 0 0 0.00% BRYANT, WAYNE 595 66 3 2 666 66.27% S KALS KY, CHERYL 281 33 5 0 319 31.74% Election Summary Report Date:03/10/99 Special Elections, March 9 1999 Time:14:35:02 Page:1 of 1 09-04, All RacesSummaryfor g ORO VALLEY RECALL ' VoteFor: 1 Polling Early TBV Lates Precincts Reporting 1/1 1/1 1/1 1/1 1/1 100.00% Ballots Cast/Reg. Voters(2375) 372 - 52 1 0 425 17.89% Total Votes 372 52 1 0 425 100.00% Times Blank Voted 0 0 0 0 0 0.00% Times Over Voted 0 0 0 0 0 0.00% Number Of Under Votes 0 0 0 0 0 0.00% BRYANT,WAYNE 226 36 1 0 263 61.88% S KALS KY, CHERYL 146 16 0 0 162 38.12% Election Summary Report Date:03/10/99 Special Elections March 9 1999 Time:14:3s:0Page:1 of l Summary for 09-05, All Races ORO VALLEY RECALL VoteFor: 1 Polling Early TBV Lates Precincts Reporting 1/1 1/1 1/1 1/1 1/1 100.00% Ballots Cast/Reg. Voters(1919) 279 - 34 0 0 313 16.31% Total Votes 274 34 0 0 308 98.40% Times Blank Voted 5 0 0 0 5 1.60% -F Times Over Voted 0 0 0 0 0 0.00% Number Of Under Votes 0 0 0 0 0 0.00% BRYANT,WAYNE 184 22 0 0 206 65.81% SKALSKY, CHERYL 90 12 0 0 102 32.59% 4, \ MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION FEBRUARY 22, 1999 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION - AT OR AFTER 7:00 P.M. DR At,CALL TO ORDER - 7:04 P.M. ROLL CALL PRESENT: Paul Loomis, Mayor Paul Parisi, Vice Mayor Cheryl Skalsky, Council Member Dick Johnson, Council Member Fran LaSala, Council Member STAFF PRESENT: Chuck Sweet, Town Manager Tobin Sidles, Town Attorney Don Chatfield, Community Development Director Kathryn Cuvelier, Town Clerk LIBRARY COMMITTEE RECOMMENDATIONS Community Development Director Don Chatfield reviewed the recommendations of the library committee about the possible construction of a new library on town-owned property located adjacent to the Town Hall complex. He explained that these recommendations are needed by the Town Council in order to provide authorization to move ahead with the project. Dr. Chatfield explained that the committee has met 3 times over the past two months. Discussions were held on library technology requirements, funding considerations, the configuration of the library, as well as who the operator of the new library should be. Dr. Chatfield stated that the committee has given tentative support to a library project that would involve a 25,000 square foot building, with approximately 15,000 square feet for library space, with 80,000 volumes. The tentative cost estimate is approximately $6.5 million, which is above the $2 million available in county bond funds. Dr. Chatfield explained that given the fiscal constraints associated with the project, staff recommends a scaled back facility for Phase I, and recommends the following package: 15,000 square foot structure @ $120 per square foot $ 1,800,000 Furniture $ 300,000 Soils and geotechnical $ 20,000 02/22/99 Study Session Minutes 2 Oro Valley Town Council Architectural Fees $ 144,000 Library Materials (50,000 volumes @ $25 each) $ 1,250,000 Public Art $ 18,000 Contingency Funds $ 380,000 Technology (Computers) $ 80,000 TOTAL $ 3,992,000 Dr. Chatfield stated that this package would provide a basic branch library, without the public meeting space or galleries. It could be constructed for a cost of$1,992,000 beyond the monies available from county bonds. This amount could conceivably be financed through a general fund mechanism and would be more affordable than the $4.5 million shortfall created by the larger building. Dr. Chatfield reviewed the research conducted regarding the operator of the new facility. Dr. Chatfield stated that the committee voted on the following recommendations to the Town Council: "1) Recommend the authorization of Phase I, the development of a 15,000 square foot library facility housing 50,000 volumes, both of which shall be expanded at a later date, and to proceed with an IGA for the maintenance of the facility. The committee, as a whole, encouraged any type of corporate sponsorship for technology and volumes. In addition, if town contingency funds are available, that they also be used towards the purchase of computers and volumes. (Motion passed unanimously with Agnes Griffen & Barbara Murray abstaining). 2) An affiliated system be developed, which would work closely and in cooperation with the TPPL system. An IGA between Oro Valley and the Library District should be negotiated that will meet most of the concerns expressed by the committee regarding personnel, and representation on the TPPL Board should be an absolute." Dr. Chatfield clarified that the operator of the library will be TPPL, with the committee's desire that the IGA establish policies regarding personnel, and the control of them, and should include representation on the TPPL Board. (Motion passed unanimously, with Dan Felix, Agnes Griffen & Barbara Murray abstaining.) Dr. Chatfield stated that staff recommends the following: 1) that the Town authorize an RFP for an architect to develop plans for a 15,000 square foot library facility to house 50,000 volumes; and 2) that the Town negotiate with the Tucson-Pima Public Library to develop an intergovernmental agreement for an affiliated library that would be staffed by Oro Valley employees, would make acquisition decisions locally, and would share in training and circulation resources with TPPL. CONCENSUS: The members of the Council agreed with the concept of an affiliated system; and, that the library committee should initiate the process to investigate private funding options. 02/22/99 Study Session Minutes 3 Oro Valley Town Council Mayor Loomis called a recess at 8:30 p.m. Council Member Skalsky left the meeting at 8:30 p.m. Meeting resumed at 8:36 p.m. PIMA COUNTY SONORAN DESERT CONSERVATION PLAN Maeveen Behan, Pima County Administrator's Office presented the aspects of the Pima County Sonoran Desert Conservation Plan. "The Conservation Plan combines short-term actions to protect and enhance the natural environment with long-range planning to ensure that our natural and urban environments not only coexist but develop an interdependent relationship, where one enhances the other. Implementing this plan will require continuous cooperation between governments, interest groups, and citizens over the next twenty years." Ms. Behan explained that the six elements of the Sonoran Desert Conservation Plan for Pima County are Ranch Conservation, Historic and Cultural Preservation, Riparian Restoration, Mountain Parks, Biological and Ecological Corridor Conservation, and Critical Habitat. When fully implemented, the proposed plan will dramatically effect regional urban form, arrest urban sprawl, and protect those lands that contain the highest quantity and quality of regional resources. Ms. Behan stated there is a provision of the "endangered species act", Section 9. Currently, Pima County has 18 listed species that fall under the endangered species act. Pima County hasn't had problems in the past because those listings have not been in conflict with development. However, the pygmy owl is now in conflict with development and Fish and Wildlife consider it their worst listing in the United States because the numbers are so low, the known population is at the interface with urban/rural fringe, and it is directly in conflict with the highest developing area. Ms. Behan explained that based on the definition of Section 9, one individually listed animal trumps anything that might hurt it. She explained that Section 10 means "no take, unless you go forward and get a permit from Fish& Wildlife from the federal government that is awarded to you in exchange for a conservation plan." Ms. Behan explained that the definition "you cannot significantly alter the habitat" is poorly defined. She explained that this has been enforced by the federal government and more often by private citizen lawsuits, such as the Southwest Center. Vice Mayor Parisi suggested having a special Town Council session to formally protest the Town of Oro Valley being in the critical habitat area. He stated the town should wholeheartedly support the Pima County Sonoran Desert Conservation Plan However, 02/22/99 Study Session Minutes 4 Oro Valley Town Council we must request the Town be placed in an urban boundary area so we can designate our own zoning areas, open space areas, riparian areas, etc. He agreed that we should apply for the Section 10 permit for the entire area. Vice Mayor Parisi stated Dr. Chatfield has already done a lot of work to put us on track to have the information we need. ADJOURNMENT Council Member LaSala moved to adjourn the meeting at 10:00 p.m. MOTION seconded by Council Member Johnson. Motion carried 4—0. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk MINUTES OF THE ORO VALLEY TOWN COUNCIL SPECIAL SESSION404} FEBRUARY 24, 1999 :y 11,000 N. LA CANADA DRIVE -4444 SPECIAL SESSION: AT OR AFTER 6:00 P.M. CALL TO ORDER: 6:02 P.M. PRESENT: Paul Loomis, Mayor Paul Parisi, Vice Mayor Dick Johnson, Council Member Fran LaSala, Council Member Cheryl Skalsky, Council Member RESOLUTION NO. (R)99-25 A RESOLUTION OF THE TOWN OF ORO VALLEY OPPOSING THE CRITICAL HABITAT AREA WITHIN ORO VALLEY TOWN LIMITS FOR ENDANGERED SPECIES AS PROPOSED BY THE UNITED STATES FISH AND WILDLIFE SERVICE AND SUPPORTING THE PIMA COUNTY SONORAN DESERT CONSERVATION PLAN Don Chatfield, Community Development Director reviewed the staff recommendations: Adoption of Section"A", Section "B" (less the last two whereas statements), and Section "C" subsection A of the resolution. Staff recommends that the last two whereas statements in Section"B"be removed and that Section "C" subsection B be revised as follows: 1. the Service's required economic impact analysis with particular regard to those sites in which considerable investments toward future development have been made; 2. additional field surveys to determine the resource value of the habitat; and, 3. the exchange of appropriate state-held land to be designated as critical habitat. Dr. Chatfield stated that staff believes these statements within the resolution address Mr. Stubb's point about economic investment in the area and make a strong statement to the service without us making judgments that we don't have the data to call. Vice Mayor Parisi suggested using the most current PAG population number in the resolution; add "consultation with town officials; and include all materials prepared by Robert Stubbs. 02-24-99 Minutes, Council Special Session 2 Robert Stubbs representing the Casas Adobes Baptist Church, stated that they have made a large financial investment in their property, which will include a chapel, fellowship hall, atheletic fields, etc. He stated they are also interested in having homes around the church property for those members who want to live in close proximity to their church. He stated in the sewer improvement district alone, $1.5 million dollars has been spent. He showed areas of development and plans for future development in the critical habitat area. Mr. Stubbs stated that they are requesting that the sewer improvement district line within the Town of Oro Valley be taken out of the critical habitat area and designated as an urban boundary area. The following members of the public spoke in favor of Mr. Stubbs proposal: Greg Wexler, 1261 W. Paintbrush Place. Kenneth Kinard, 10280 N. Crestwood Lane In response to a question by Council Member LaSala, Tobin Sidles read the following statement made by Arizona Game & Fish—from Scott Richardson, AZ Game & Fish "Critical Habitat Issues-the reality of critical habitat is that it applies to both federal and state, it really only means anything on federal property. If you are a private property holder with a critical habitat designation, that provides no additional restrictions or requirements above what the endangered species act already requires." I think that is what the rub is, endangered species act requires quite a bit. Council Member LaSala stated that we are focusing our anger and objections at the wrong people. Initially game and fish did not find that it was prudent to designate a critical habitat. They were ordered in a lawsuit to do so, to propose rules to do so. The United States is responding to court orders to propose critical habitat. Then they have to make a decision based on those final rules. They have issued the proposed designated habitat and go out for public hearing. He stated that if the Council is going to make a statement, the statement should be made in support of U.S. Fish and Wildlife's original finding that it is not prudent to list it as a critical habitat instead of stating "we oppose fish and wildlife." MOTION: After further discussion, A MOTION was made by Vice Mayor Parisi and SECONDED by Council Member Skalsky to approve Resolution No. (R)99-25 supporting the Pima County Sonoran Desert Conservation Plan in the majority and opposing designating any areas within the Town of Oro Valley as critical habitat with the corrections and additions included by staff including Item 4 "consultation with Town Officials" and rephrase B to support U.S. Fish and Wildlife's original finding that critical habitat designation for this area was not prudent and extend it to say that"prior to any designation of a critical habitat, the fish and wildlife" 1. The Service's required economic impact analysis with particular regard to those sites in which considerable investments toward future development have been made; 2. Additional field surveys to determine the resource value of the habitat; and 3. The exchange of appropriate state-held land to be designated 02-24-99 Minutes, Council Special Session 3 as critical habitat; 4. Consultation with town officials. Also, that the population count reflect the most up-to-date PAG population number, and that Mr. Stubbs' materials be included with the resolution. MOTION carried 4— 1 with Mayor Loomis opposed because he believes that there are areas within the Town of Oro Valley that do meet the criteria that has been defined as critical habitat. He also stated he is wholeheartedly in favor of the Pima County Sonoran Desert Conservation Plan. He stated the wording tonight is reasonably well, but on his personal principles with respect to attacking the process when there is a significant amount of scientific evidence that shows parts of Oro Valley are what meet the criteria as defined for critical habitat. Council Member Skalsky supported the motion and pointed out looking at the big picture and acknowledge all reports of the State. ADJOURNMENT Council Member Johnson MOVED to ADJOURN the special session at 7:00 p.m. MOTION seconded by Council Member LaSala. MOTION carried 5 —0. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley,Arizona held on the 24th day of February, 1999. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 1999. Kathryn E.Cuvelier,CMC * . FT MINUTES sY ORO VALLEY TOWN COUNCIL SPECIAL/EXECUTIVE SESSION MARCH 1, 1999 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION - AT OR AFTER 6:00 P.M. CALL TO ORDER - 6:10 P.M. ROLL CALL PRESENT: Paul Loomis, Mayor Paul Parisi, Vice Mayor Cheryl Skalsky, Council Member Dick Johnson, Council Member Fran LaSala, Council Member Tobin Sidles, Town Attorney submitted the following memorandum for the record: "Due to my position as Town Prosecutor, I am declaring that I have a conflict of interest on this particular item and will not be present during the discussion. Thank your for your understanding and cooperation." A MOTION was made by Council Member Skalsky and SECONDED by Council Member Johnson to go into an Executive Session at 6:10 p.m. pursuant to ARS 38- 431.03(A)(1) 8- 431.03(A)(1) regarding personnel matters: 1. Discuss recommendations of the Interview Board for the Town Magistrate position regarding the following candidates: Terry Donaldson George Dunscomb David M. Juarez Frances Lynch Motion carried 5 —0. 2. Council-staff relationships, specifically Mayor& Council to act through the Town Manager according to Section 3-2-1.1 of the Oro Valley Town Code A motion was made by Council Member Johnson and SECONDED by Council Member LaSala to go out of Executive Session at 6:50 p.m. MOTION carried 5 —0. ADJOURNMENT A MOTION was made by Council Member LaSala and SECONDED by Council Member Johnson to adjourn the special session at 6:51 p.m. MOTION carried 5 —0. 03/01/99 Special/Executive Session Minutes 2 Oro Valley Town Council Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 3, 1999 ORO VALLEY COUNCIL CHAMBERS :A 11,000 N. LA CANADA DRIVE • '' �.. REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER - 6:05 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paul Parisi, Vice Mayor Cheryl Skalsky, Council Member Dick Johnson, Council Member Fran LaSala, Council Member EXECUTIVE SESSION AT OR AFTER 6:00 PM MOTION: A motion was made by Council Member Johnson and SECONDED by Council Member LaSala to go into Executive Session at 6:05 p.m. for the following purpose: Pursuant to ARS 38-431.03 (A)(1) regarding personnel matters: 1. Annual Evaluation of the Town Manager's performance Pursuant to ARS 38-431.03 (A)(4) regarding pending litigation: 2. Fazio v. Town of Oro Valley Superior Court Case No. C316599 Motion carried, 5 - 0. MOTION: A motion was made by Council Member Johnson and SECONDED by Vice Mayor Parisi to go out of Executive Session at 7:00 p.m. Motion carried, 4 - 0. (Council Member LaSala left the Executive Session at 6:20 p.m.) RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:12 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paul Parisi, Vice Mayor Cheryl Skalsky, Council Member Dick Johnson, Council Member Fran LaSala, Council Member (Arrived at 7:25 p.m.) 03/03/99 Minutes, Council Regular Session 2 PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings. He also introduced and welcomed Jeff Weir, the Town's new Economic Development Administrator. CALL TO AUDIENCE No speakers. 1. CONSENT AGENDA At the request of Council Member Johnson and Vice Mayor Parisi, Mayor Loomis pulled Consent Agenda Items B and E for discussion. MOTION: Council Member Skalsky MOVED to approve the Consent Agenda Items A, C, D, and F through I. Council Member Johnson SECONDED the motion. Motion carried, 4—O. A. Minutes—2-17-99 B. Resolution No. (R)99-26 Authorizing the Town to contract with Agra Infrastructure, Inc. to develop a Project Assessment for potential improvements for the Oracle Road/First Avenue intersection (PULLED FOR DISCUSSION) C. Resolution No. (R)99-27 A resolution authorizing the amendment of Intergovernmental Agreement with the State of Arizona concerning traffic signal maintenance D. Resolution No. (R)99-28 Accepting a license agreement to allow the construction and maintenance of a parking lot partially within the Rancho Vistoso Boulevard right-of-way and to clarify the maintenance and construction responsibilities for the parking area at Honey Bee Park E. Resolution No. (R)99-29 Approving the execution of an Intergovernmental Agreement between the Arizona Department of Public Safety (DPS) and the Town of Oro Valley Police Department to jointly participate in an Arizona State Gang Task Force (PULLED FOR DISCUSSION) F. OV12-97-14 San Jose Plaza Development Plan Revision(Property located east side of Oracle Road, North of El Conquistador Way) G. OV12-98-2A Stone Canyon I (South) Final Plat, Lots 58-133, Common Areas A & B, Rancho Vistoso Neighborhood 11, Parcels AA, AB, AC, AD, AE, C, D & E (Property located west of Rancho Vistoso Blvd., and west and north of Vistoso Highlands Drive) 03/03/99 Minutes, Council Regular Session 3 H. OV12-95-2A Coyote Ridge Phase III, Lots 24-34, 42-54 & 95-105 Final Landscape Plan(Property located north of Tangerine Road and East of Highlands Wash) I. OV12-98-10 Rancho Vistoso Neighborhood 11, AF Landscape Plan for Entry Monuments and Gates (Property located west of Rancho Vistoso Boulevard and southwest of Vistoso Highlands Drive) B. RESOLUTION NO. (R)99-26 AUTHORIZING THE TOWN TO CONTRACT WITH AGRA INFRASTRUCTURE, INC. TO DEVELOP A PROJECT ASSESSMENT FOR POTENTIAL IMPROVEMENTS FOR THE ORACLE ROAD/FIRST AVENUE INTERSECTION Jim Hossley, Streets and Roads Maintenance Supervisor, reported that the Town desires to enter into an agreement with Agra Infrastructure to perform a feasibility analysis on the First Avenue and Oracle Road intersection. He explained that the analysis would be looking long term towards the year 2010. Agra Infrastructure would be looking into ways to address traffic in that area and then would make recommendations to the Town. Council Member Johnson stated that the First Avenue/Oracle Road intersection was critical to the future economic development of the Town. He stated that the Town needed to be visionary in their approach to the solution of the intersection. He encouraged town staff and Agra Engineers not to place parameters on the project as they perform their analysis. Alex Batt, Engineer with Agra Infrastructure, stated that they are approaching the project with a"the sky is the limit" attitude. He explained that they would work on as many alternatives as possible with their goal being to development a document that will help with the long range planning of the area. MOTION: Council Member Johnson MOVED to approve Resolution (R)99-26 authorizing the Town to contract with Agra Infrastructure, Inc. to develop the Oracle Road/First Avenue Intersection Project Assessment. Vice Mayor Parisi SECONDED the motion. Motion carried, 4—0. E. RESOLUTION NO. (R)99-29 APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF PUBLIC SAFETY (DPS) AND THE TOWN OF ORO VALLEY POLICE DEPARTMENT TO JOINTLY PARTICIPATE IN AN ARIZONA STATE GANG TASK FORCE Police Chief Wolff reported that the Town has been participating in an ongoing intergovernmental agreement with the Arizona Department of Public Safety since September, 1994. The State Gang Task Force pays wages and expenses for three Oro Valley Officers to serve on the Task Force. Chief Wolff also explained that the Task Force can be utilized in Oro Valley for any serious situations that might arise. 03/03/99 Minutes, Council Regular Session 4 Vice Mayor Parisi stated that he asked to have this item pulled from the Consent Agenda to point out how creative Chief Wolff was in funding the Police Department and in creating a safe environment in the Town. MOTION: Vice Mayor Parisi MOVED to approve Resolution No. (R)99-29 which provides for the renewal of an Intergovernmental Agreement with the Arizona Department of Public Safety. Council Member Skalsky SECONDED the motion. Motion carried, 4—0. 2. PRESENTATION OF STRATEGIC PLAN FOR THE METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU Pat Tierney, President of the Metropolitan Tucson Convention and Visitors Bureau (MTCVB) presented an update on the strategic plan for the MTCVB. He explained that a consultant has studied various aspects of the long range plan. The consultant has noted that the MTCVB has been very successful in getting convention groups into Tucson. Mr. Tierney stated that they were trying to raise a$6 million budget over the next three years to help create a new image campaign and for projects, research, and cultural tourism. Mr. Tierney also offered the MTCVB's help to the Town of Oro Valley on product development. Jonathan Walker, MTCVB Vice President of Sales and Marketing, stated that economic welfare and the well being of Oro Valley was important to the MTCVB. He stated that they had 1168 qualified leads (group conventions that had an interest in meeting in the Metropolitan Tucson area.) He explained that of those leads, fifty six (56) made the decision to hold their meetings in Oro Valley. These meetings resulted in 24,500 room nights at the Sheraton El Conquistador Resort with approximately $13.6 million being deposited directly into Oro Valley's economy. Mr. Walker explained that these monies were from "group business" only. Mr. Walker further explained that they are also working on promoting business to the area for the summer time with special emphasis on Phoenix and Southern California. Rudy Chabolla, MTCVB's Vice President of Community Affairs and Cultural Tourism, reported that his main focus will be on community affairs and ways to better serve the community. He stated that there is a great diversity in the area and he will work closely with the Town to entice people to come to Oro Valley. John Fuller, General Manager of the Sheraton El Conquistador, stated that they were excited about the new proposed hotels in Oro Valley. He stated that the area needs the boost of new marketing and public relations and the new projects are very exciting. Mr. Fuller further stated that the Sheraton El Conquistador is building a$5.5 million addition which would double their meeting space. They are also upgrading the golf course. He stated that these improvements would help make Oro Valley even more attractive to tourism. He explained that the Sheraton needed the MTCVB's support and thanked the Council for their support. 03/03/99 Minutes, Council Regular Session 5 Council Member Johnson stated that as a Board Member of the MTCVB, he attended the Strategic Plan meetings. He stated that the meetings were well represented by members of the metropolitan business community and he felt the the Plan would provide good guidelines for economic development within the Oro Valley community. (No action required.) 3. CONTINUED PUBLIC HEARING—ORDINANCE NO. (0)99-04 PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTER 6, ADDING ARTICLE 6-3, R1-72 SINGLE FAMILY RESIDENTIAL DISTRICT (CONTINUED FROM 2-17-99) Community Development Director Don Chatfield reported that Ordinance No. (0)99-04 was continued from February 17, 1999 to allow staff time to conduct additional research regarding building height in the new zoning district. Dr. Chatfield explained that the new zoning district, R1-72, would provide for 72,000 square foot lots with a proposed building height of 22 feet. He stated that there was some concern expressed that the building height should be 18 feet which is what is currently offered in some of the lower density districts. Dr. Chatfield explained that research has determined that a building restriction of 22 feet is frequently applied in custom subdivisions in Pima County. He explained that the 22 feet allows the construction of a two-story home to include a pitched roof. Dr. Chatfield further explained that the Oro Valley Zoning Code Revised provides for 18 feet maximum building height in the R1-20 through R1-144 districts and 25 feet maximum in all other residential districts. The Rancho Vistoso and La Reserve Planned Area Developments (PAD) allow 30 feet maximum building height in the low density residential development areas and the El Conquistador Country Club PAD allows 38 feet maximum height. Dr. Chatfield stated that staff also looked at the preservation of native plant materials on these larger lots. He stated that a stipulation has been provided within the zoning that limits the grading area for construction to 20,000 feet. He explained that this would allow a home to be built with all the associated amenities but still protect the native plants. Dr. Chatfield reviewed an overhead presentation that demonstrated the difference between 18 feet and 22 feet building height with a typical 50 foot setback. He stated that staff feels this increase in height to 22 feet was workable and it would accommodate custom home construction. In answer to a question from Vice Mayor Parisi, Dr. Chatfield stated that the R1-72 zoning district is a new zoning district and is not specific to any property. He explained that it would be available to property owners to rezone their property in the future. Dr. Chatfield further explained that there was the likelihood that the new zoning district could be applied to the newly annexed areas. 03/03/99 Minutes, Council Regular Session 6 In answer to a question from Council Member Johnson, Dr. Chatfield explained that the R-4 (Townhome District) and R1-7 districts allow up to 25 feet in height which seems to be appropriate for the density in those zoning districts. He stated that staff feels it is appropriate to hold the height to a lower range in lower density subdivisions. Council Member Johnson stated that he had less concern about the height on larger lots than in the more dense subdivisions where view corridors could be blocked. Dr. Chatfield responded that staff has tried to maintain the Oro Valley design guidelines and aesthetics where the lower density developments have a rural/ranch feel rather than a vertical appearance with taller structures. He explained that through conversations with homebuilders, staff feels confident that the bulk of the new type of construction can be accommodated within the recommended height range. Council Member Johnson stated that he felt there should be a provision for a waiver possibly through the Planning and Zoning Administrator's review. Dr. Chatfield explained that when evaluating the Zoning Code, it was much cleaner and more appropriate for the Town to decide what the permitted amounts would be and set those standards. Council Member Skalsky stated that she saw this as an alternative zoning and a baseline to work from. She stated that this would provide a good zoning for the rural areas as designated in the General Plan. She further stated that any time there are requests for waivers, she would rather see them go through the whole process; the Development Review Board, the Planning and Zoning Commission and then to Council. Vice Mayor Parisi stated that Pima County allows up to 34 feet on larger lots. He stated that he had no problem with allowing that height in order not to disturb more ground. Mayor Loomis opened the public hearing. Jerad Harmon, 10673 N. La Quinta, stated that he has bought property in the Coyote Ridge subdivision. He stated that the height requirements there are set at 18 feet and he would have great concerns if some one there could build higher than the 18 feet as it would block his views of Pusch Ridge. He stated that 22 feet seemed to be reasonable but anything higher than that would definitely block views. Mayor Loomis closed the public hearing. Council Member Skalsky stated that some places might be appropriate for the 34 feet height allowance, but she would rather see the height held low and deal with the higher heights when appropriate. She stated that this was not a replacement zoning but an alternative zoning. If people were interested in a 34 height limit, then staff might be able 03/03/99 Minutes, Council Regular Session 7 to look at other tools for Council and developers to utilize for special areas and developments. In answer to a question from Mayor Loomis, Town Attorney Tobin Sidles stated that according to State Statutes, all waivers must go to the Board of Adjustment. Council Member Johnson expressed his concern that the individuality of homes would be compromised because of a 22 foot height limit on two acre lots. In answer to a question from Mayor Loomis, Dr. Chatfield stated the closest equivalent in Pima County zoning was the SR-2 District but he was not aware of any SR-2 designations within the immediate influence of Oro Valley. MOTION: Vice Mayor Parisi MOVED to approve Ordinance No. (0)99-04, the Amendments to the Oro Valley Zoning Code Revised, Chapter 6, adding Article 6-3, R1- 72 Single Family Residential District, as presented. Council Member Skalsky SECONDED the motion. Motion carried, 4— 1, with Council Member Johnson opposed. 4. PUBLIC HEARING—OV09-98-19 ORDINANCE NO. (0)99-07 REQUEST TO AMEND THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT, AS IT PERTAINS TO NEIGHBORHOOD 10, PARCEL J: 1) BUILDING HEIGHT; 2) PARKING REQUIREMENTS, (PROPERTY LOCATED AT THE NORTHWEST CORNER OF RANCHO VISTOSO BLVD. AND VISTOSO HIGHLANDS DRIVE) (Town Attorney Tobin Sidles noted that there was a scribner's error depicting the area as Neighborhood 11. The property is located in Neighborhood 10 and was noticed properly.) Community Development Director Don Chatfield reported that the request for an amendment to the Rancho Vistoso Planned Area Development (PAD) applies only to Parcel J in Neighborhood 10. He stated that the applicant has requested changes in building height and parking requirements. Dr. Chatfield reported that within the Rancho Vistoso PAD the C-1 Commercial District allows building heights up to 34 feet and three stories. He explained that the applicant intends to develop a hotel property and has requested that the height limit be changed to 38 feet. Dr. Chatfield also explained that the applicant has requested a reduction in parking requirements from the Town standards by approximately 25% due to the location and nature of the hotel. Dr. Chatfield reported that the Planning and Zoning Commission held a public hearing on the PAD amendment on January 5, 1999 and voted to recommend approval with some amendments to staff suggested conditions. He stated that they requested the height 03/03/99 Minutes, Council Regular Session 8 change be limited to the seven(7) buildings on the west and the three (3) buildings adjacent to the pool area on the west side of the property and that a viewshed analysis be provided. Dr. Chatfield stated that staff concurs with the Commission's recommendation for approval. Dr. Chatfield reported that the applicant met with the Planning and Zoning Administrator today (March 3rd) and further requested that the height be increased to 40 feet instead of the 38 feet as previously requested. He stated that staff has not had time to study the further height increase request and compare to it to the viewshed analysis. Therefore, they would request a continuance to March 17th to further study the issue. Charles Hulsey, The WLB Group, representing the applicant Southwest Properties, reviewed an overhead of the site plan. He explained that the seven buildings Dr. Chatfield referred to face the golf course with a heavily vegetated wash between the golf course and the buildings. The other buildings near the pool area sit lower than the rest of the site. He stated that the buildings are two story buildings on the front side. On the backside where they drop down into the wash and down into the pool area, they are asking for basement units making them three stories on the back side. Mr. Hulsey explained that the reason they are now asking for the 40 foot height limit, is that during the design phase, they realized that they needed more space for the duct work and the sprinkler systems, etc. In answer to a question from Council Member Skalsky, Mr. Hulsey explained that the nearest residence to the golf course would be approximately 475 feet away so they did not feel the two feet would substantially affect the viewsheds. In answer to a question from Council Member Johnson, Mr. Hulsey explained that the buildings would drop down into the wash area so the residents would see less than two stories because of the roll of the land. Council Member LaSala stated that he would like to see a continuance on the item so that staff can further review the additional two foot request. Mr. Hulsey stated that the Development Plan comes before the Development Review Board on March 16th and the next Council meeting is on March 17th. He expressed concern that there might be further delay. In answer to a question from Council Member Johnson, Dr. Chatfield stated that the height is measured from the exterior ground level to the highest portion of the building. In answer to a question from Council Member Skalsky, Dr. Chatfield stated that he has not seen a viewshed analysis that depicts the 40 foot height request so he did not know if the extra two feet would have significant impact on the views of the surrounding residents. 03/03/99 Minutes, Council Regular Session 9 Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member LaSala MOVED to CONTINUE OV9-98-19, request to amend the Rancho Vistoso PAD as it pertains to Neighborhood 10, Parcel J, to the March 17, 1999 Council meeting to give staff time to review the request for the additional two feet. Mayor Loomis SECONDED the motion. DISCUSSION: In answer to a question from Council Member Skalsky, Dr. Chatfield explained that he saw no reason to hold up the Development Review Board proceedings. The Development Plan will come before Council and the final determinations can be made. He stated that he felt it did not put the project in jeopardy. MOTION to continue carried, 5 —0. Mayor Loomis recessed the meeting at 8:17 p.m. The meeting resumed at 8:27 p.m. 5. PUBLIC HEARING—ORDINANCE NO. (0)99-08 PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED CHAPTER 2, SECTION 2-101, DEFINITIONS, CHAPTER 7, MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS, AND CHAPTER 9, CONDITIONS FOR SPECIFIC USES RELATING TO TIMESHARES Community Development Director Don Chatfield reported that staff had a long standing interpretation in the Multi-Family Residential District that short term rentals which would include timeshares would require a Conditional Use Permit (CUP) before operation of such facilities could occur. He explained that in an appeal of the interpretation to the Board of Adjustment, the Board "struck down" that interpretation and indicated that the Zoning Code was not sufficiently clear to require a CUP. Dr. Chatfield stated that they have already amended the Code to make it clear that in an apartment zone a CUP is required in order to operate a short rental or hotel. Dr. Chatfield explained that the amendment as proposed in Ordinance No. (0)99-08 would also require a CUP for timeshares within the R-6 (Apartment District.) He reported that the Planning and Zoning Commission and staff recommend approval of the amendment relating to timeshares. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Skalsky MOVED to approve Ordinance (0)No.99-08, amendments to Chapter 2, Section 2-101, Definitions, Chapter 7, Multi-Family Residential District Regulations, and Chapter 9, Conditional Use Regulations of the Oro Valley Zoning Code Revised, listed in Exhibit"A". Vice Mayor Parisi SECONDED the motion. Motion carried, 5 —0. (Exhibit "A" is attached to the end of the minutes.) 03/03/99 Minutes, Council Regular Session 10 6. PUBLIC HEARING—ORDINANCE NO. (0)99-09 OV8-98-5 ORO VALLEY PRESCHOOL & GARDEN OFFICES REQUEST FOR A CONDITIONAL USE PERMIT, 10361 NORTH ORACLE ROAD (PROPERTY LOCATED ON THE WEST SIDE OF ORACLE ROAD, SOUTH OF PUSCH VIEW LANE, NORTHEAST OF THE ROCKRIDGE APARTMENTS) Community Development Director Don Chatfield reported that the Oro Valley Preschool and Garden Offices is requesting a Conditional Use Permit(CUP) to establish a preschool to be located at 10361 North Oracle Road. The preschool segment would comprise 7,444 square feet of the structure. The property is zoned C-1 Commercial and is surrounded by the Rockridge Apartments which is also zoned C-1. Dr. Chatfield stated that according to the Zoning Code, a CUP may be granted when it is determined that the granting of such a permit would not be detrimental to the public health, safety or welfare. He explained that the factors to be considered would include: 1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination; 2. Hazard to persons and property from possible explosion, contamination, fire or flood; and 3. Hazard occaisoned by unusual volume or character of traffic. He stated that the proposed use must also be reasonably compatible with the types of use permitted in the surrounding area. Dr. Chatfield stated that staff finds the proposed preschool to be complimentary with the adjacent apartments as it brings employment, school, and housing closer together minimizing traffic volume. Noise will be mitigated by designing a 6 foot high screen wall surrounding the play area of the preschool. Dr. Chatfield stated that the proposed school complies with the General Plan Land Use designation and it also conforms with the General Plan Land Use Element. Dr. Chatfield stated that the Planning and Zoning Commission recommended approval of the CUP at their February 2nd meeting and staff concurred with their recommendation. In answer to question from Council Member Skalsky regarding the 6 foot screening wall, Dr. Chatfield stated that the design has not yet been submitted for the preschool, but he expected the wall to resemble the wall at the Children's World Learning Center on La Canada Drive (stucco painted to match the structure.) He explained that the design would be considered during the Architecture and Landscape Plans review by the Development Review Board. Council Member Skalsky stated that she would like to see trees, flowers and/or vines planted around the area and the possible addition of a nature course. Mayor Loomis expressed his concerns about the safety of the children because of the close proximity of the preschool to Oracle Road. Dr. Chatfield stated that most of the safety design features would be worked out with the Police Department during the development plan phase. 03/03/99 Minutes, Council Regular Session 11 In answer to a question from Council Member Johnson, Dr. Chatfield explained that the preschool would be on the west side and the office spaces would be on the north and east sides of the site. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Skalsky MOVED to approve Ordinance No. (0)99-09, OV8-98-5, the Oro Valley Preschool and Garden Offices Conditional Use Permit, with the condition listed in Exhibit"A". A) 1. A traffic analysis will be required when this project is submitted as a development plan. This analysis must address traffic impacts from the proposed development on the apartment complex. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. 7. PUBLIC HEARING—ORDINANCE NO. (0)99-10 OV9-99-22 ADOPTING TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144, WITH CONDITIONS ON THE PROPERTY KNOWN AS THE DIOCESE OF ARIZONA, LOCATED WITHIN THE LA CHOLLA/TANGERINE ANNEXATION AREA Community Development Director Don Chatfield reported that on August 5, 1998 the Town annexed 300 acres known as the La Cholla/Tangerine Annexation District. He explained that under Arizona Statutes, the Town is required to translate the zoning on the annexed property within six months. The Town should translate Pima County's SR zoning to the closest Oro Valley equivalent designation which would be R1-144. Dr. Chatfield stated that applicant also requested that Pima County entitlements related to a church use, be translated along with the zoning. Dr. Chatfield stated that on February 2nd the Planning and Zoning Commission voted to recommend approval of the translational zoning. Staff supports the Commission in recommending approval of the translational zoning. David Williams, The WLB Group, 4444 E. Broadway, representing the applicants, stated that they had no problems with the staff report and are in agreement with their recommendations. He stated that they wish to continue to enjoy some of the standards that were allowed on the property by Pima County. He stated that they have agreed to limit the development of the property to 30% which would leave 70% as natural open space. (Mr. Williams presented a model design layout of the proposed church development.) Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. 03/03/99 Minutes, Council Regular Session 12 MOTION: Council Member Skalsky MOVED to approve Ordinance No. (0)99-10, OV9-99-22, translating the zoning for parcel #219-42-0160 in the area know as La Cholla/Tangerine, from Pima County SR to Oro Valley R1-144, and all applicable development standards of the R1-144 zoning district and the entitlements listed in Exhibit «A,, A) 1. The permitted use of a church in the Pima County SR Zoning District will be maintained for this property. 2. A private or parochial school use as permitted in the Pima County SR Zoning District with a Conditional Use Permit (CUP), may be permitted on this site. The applicant must apply for the CUP under a separate process from a Development Plan. 3. This property shall comply with the setback requirements for Oro Valley R1-144 Zoning District. The setbacks are as follows: Front— 50 feet, Side—20 Feet, and Rear— 5 0 feet. A 150 foot half right-of-way will be dedicated on Tangerine Road. 4. No building shall exceed 25 feet in height. Steeples, spires, towers and architectural elements may be permitted up to 34 feet in height. Religious symbols placed atop such structures are not included in the calculation of building height, but are limited to a maximum height of 5 feet. 5. No more than 30% of the 36 acre site may be developed which will meet the intent of the Urban Growth Boundary. (UGB). 6. Temporary access onto Tangerine Road is granted. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 —0. 8. PUBLIC HEARING—ORDINANCE NO. (0)99-11 OV9-99-21 ADOPTING TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144, WITH CONDITIONS, ON THE PROPERTY KNOWN AS THE ARIZONA DISTRICT COUNCIL OF THE ASSEMBLY OF GOD PROPERTY, LOCATED WITHIN THE LA CHOLLA/TANGERINE ANNEXATION AREA Community Development Director Don Chatfield reported that in August, 1998 the Town annexed the property known as the Arizona District Council of the Assemblies of God property. He explained that the property is zoned Pima County SR and the closest equivalent Oro Valley Zoning District is R1-144. He stated that there were no pre- annexation agreements on the property, but the owners requested during the annexation process that the Pima County church development entitlements be maintained, and that they be permitted to apply for a Conditional Use Permit to operate Springboard (a temporary shelter for abused, adolescent women.) Dr. Chatfield stated that staff has met with the applicant on the issue and agrees with the applicant's request with those conditions as incorporated in the ordinance. Dr. Chatfield stated that in February, Reverend Seale, representing the applicant, met with staff and expressed his concern over the Planning and Zoning Commission's condition that limits the disturbance on site to 30% of the total area (which was to meet 03/03/99 Minutes, Council Regular Session 13 the intent of the General Plan's Urban Growth Boundary). He stated that the applicant is requesting that the condition be modified to permit disturbance of 55% of the site. Dr. Chatfield explained that the General Plan designates the area as rural low-density residential use which is the lowest intensity land use designation category in the General Plan. He also explained that the General Plan also establishes the Urban Growth Boundary (UGB) along the northern edge of the planning area (this site sits immediately north of the UGB.) He stated that for these reasons, the Planning and Zoning Commission and staff have attached the condition that limits disturbance to 30%. Dr. Chatfield stated that the Commission met on February 2nd and recommended approval of the translational zoning of the Arizona District Council of the Assemblies of God property. Staff also recommends approval with the 30% disturbance. Vice Mayor Parisi asked if approval of the 55% disturbance would be considered if the property did not lie within the Urban Growth Boundary. Dr. Chatfield stated that it would depend on the location and character of the property. In answer to a question from Council Member Johnson, Dr. Chatfield stated that he thought the request by the applicant for 55% disturbance would accommodate the development needs of the church and the Springboard Home. Reverend William Seale, Pastor of Copper Mountain Assembly of God, representing the applicant, stated that it is the interpretation of the Planning and Zoning Administrator that the 30% disturbance applies to everything that over turns the desert. This would include the buildings, the parking areas, driveways, retention and detention basins, etc. He stated that the 55% disturbance that they are requesting includes every foot print of the buildings, parking, driveways, etc. This would still leave 45% of their 8.82 acres as undisturbed, natural desert. In answer to a question from Council Member Johnson, Reverend Seale stated that they would be working in phases. Phase I would be the Worship Center (a multi-purpose facility) and the Springboard Home with the necessary parking and driveways to access these facilities. He stated that they would hope to complete Phase I within the next year. Reverend Seale explained that Phase II would be the establishment of the Activity Center and potentially take place within the second and third years of their development plan. He said that it could take many years to complete the Sanctuary. Reverend Seale stated that they are asking Council for consideration of the increase to 55% disturbance now so they can move forward with providing water to the site, develop the building footprints, etc. He stated that they must be able to see beyond this moment for a future usefulness for their property as this is a very costly endeavor. In answer to a question from Council Member LaSala, Dr. Chatfield explained that allowing 55% disturbance would not be in conformance with the established policies of the General Plan. He further explained that there is a procedure to go through to amend 03/03/99 Minutes, Council Regular Session 14 the General Plan and the Town is currently in their"window" for accepting applications for General Plan amendments. Vice Mayor Parisi stated that the General Plan is there for a purpose but Council should look at "common sense and reasonableness" when they consider projects. Dr. Chatfield stated that they need to also look at the equity issue. He stated that they have been working with another church(Diocese of Arizona) that has property immediately adjacent to the Assembly of God property. He reminded Council that they translated the zoning of the Diocese of Arizona property with a limit of 30% disturbance. He stated that he agreed that they need to have a level of fairness but also needed to "have an eye" to the General Plan. Dr. Chatfield stated that he would like to work with the congregation of the Assembly of God Church and address the issue over time. He explained that staff feels it is reasonable to move forward with the 30% level of disturbance at this time. Council Member Skaisky stated that she understood Reverend Seale's concerns regarding monies, but she had not seen a plan from the church and she feels very strongly about open space. In answer to a question from Council Member Skalsky, Reverend Seale explained that their property was zoned Pima County Suburban Ranch when the church purchased it. He stated that it was his understanding, that when the County considers density, they consider footprints of the buildings. They do not consider parking, etc. Reverend Seale stated that the buildings that they have proposed for their property only make up 16% of total, the rest is for parking, etc. He stated that when they presented their request for translational zoning, they itemized every building when they submitted their master plan. Reverend Seale explained that the Planning and Zoning Department never mentioned the restriction of 30% disturbance but only referred to the Tangerine Overlay District for which they must set aside one hundred feet of right-of-way. Council Member Skalsky stated that the Council had to consider all the acreage around the church and the reasons for protection of the natural open space. She suggested that the Assembly of God Church come up with an alternative plan that would meet the 30% disturbance. Reverend Seale stated that the Urban Growth Boundary was to protect the area from urban sprawl. He stated that churches are not urban sprawl but are considered low impact and are generally welcome. He asked Council for their consideration of the 55% disturbance as the first phase of the master plan fulfills the 30% disturbance. In answer to a concern from Council Member Skaisky, Dr. Chatfield stated that the master plan was presented by the church and reviewed for the Conditional Use Permit by the Planning and Zoning Commission. He stated that typically zoning deals with land use issues and not site plans so the master plan was not submitted to Council for their review during the translational zoning phase of the project. 03/03/99 Minutes, Council Regular Session 15 In answer to questions from Vice Mayor Parisi, Dr. Chatfield explained that when the Urban Growth Boundary was adopted by Council, it was his understanding that we should not allow inappropriate densities beyond that level as there was not sufficient infrastructure to serve the area. He stated that staffs' direction was to hold the intensities and densities south of Tangerine Road. He also explained that he could not speak on how Pima County sets its standards for measuring disturbance. He explained that Pima County allows church use outright within the SR Zoning District, but in Oro Valley they are typically allowed only in the Private Schools and Churches Zoning District. Dr. Chatfield stated that the applicant has asked that the Town make an exception during the translational zoning, and allow church uses to be allowed in the R1-144 district. He stated that they have done their best to accommodate the church's request and to fit it in with the other regulations that are in place. He also stated that staff does not see the Urban Growth Boundary as "set in stone" and they anticipate changes coming forth when the General Plan is updated. Town Attorney Tobin Sidles explained that this item is a translational zoning and State Statutes require the Town translate the zoning to the nearest equivalent. He stated that he does not see that Council has a problem with setting the R1-144 Zoning District, but instead with the interpretation of the building footprints, etc. He stated that these interpretations would go before the Board of Adjustment. He reiterated that Council is to consider the translational zoning and the problem with interpretation should be taken to the Board of Adjustment. Mayor Loomis opened the public hearing. Kirk Hunt, 12428 N. Mesquite Crest Way, member of the Copper Mountain Assembly of God Church, stated that he was also amazed that the 30% disturbance includes retention ponds, parking lots and other infrastructures requirements for the buildings. He stated that the church is growing and this restriction is saying that they can not use their land. He stated that the 30% disturbance restriction restricts the church and prevents the church from increasing its ministry. He explained that the Springboard Home helps troubled girls who need a place to go and he asked Council for the opportunity to serve the community. Dr. James Conrad, 8080 Ocotillo, member of the Church of the Apostles, stated that he agrees with Vice Mayor Parisi in that sometimes we have to do what "makes sense." He stated that although their church agreed to the 30%, they have no problem with their neighboring church (Copper Mountain Assembly of God) being granted the 55% disturbance. Robert Snow Peabody, Executive Director of Springboard Shelter, stated that they have been in existence for 23 years and they have served and helped over 5600 girls. He stated that the need for this type of home is vital and he encouraged Council to consider the increase in disturbance. 03/03/99 Minutes, Council Regular Session 16 Claire Klingler, 12515 N. Como Drive, stated that her home is behind the proposed church. She stated that although she was in support of the churches, she would like to know more about the shelter care home before final consideration is made. Mayor Loomis closed the public hearing. In answer to a question from Council Member Skalsky, Mr. Sidles stated that Council has approximately one month longer to consider the translational zoning on this particular piece of property. In answer to questions from Council Member Johnson, Dr. Chatfield stated that the Conditional Use Permit (CUP) for the property was heard by the Planning and Zoning Commission on March 2nd. He explained that the CUP will be coming forward for Council's consideration in April so neighbors can meet with staff before then to discuss the issue. He concurred that Council will be approving the translational zoning tonight, and the rest of the issues will be coming forward later. Council Member Skalsky stated that she could not approve the 55% disturbance without looking at the master plan. She stated that she would like to also hear from the neighbors before making her decision. MOTION: Council Member Skalsky MOVED to CONTINUE Ordinance No. (0)99-11, OV9-99-21 to the next Council meeting and would like to have a Study Session on the item. Vice Mayor Parisi SECONDED the motion. DISCUSSION: Vice Mayor Parisi stated that if Council approves the project with 55% disturbance, the church will still have to come back before Council with their plans and go through the public hearing process. The applicant can then bring forward their development plan and then if Council does not like the plan, it can be denied. Council Member Johnson stated that one of the realities of the situation is that the Urban Growth Boundary was established in 1996, and there has been a significant amount of growth since then. He asked will Tangerine Road remain a rural road or will it have major intersections with commercial development? He stated that in looking at the UGB, we needed to decide if it is realistic for the future. Council Member LaSala stated Council's job now is to decide on the translational zoning. He stated that Oro Valley has a process by which projects and developments can be considered and changed. He stated that it is difficult to give away 55% without knowing exactly what is coming forward. He said that he would like to approve the translational zoning as recommended by staff and then let General Plan amendments or other changes go through the Town's process. Mayor Loomis stated that there is a process in place and he felt that the General Plan is very clear. He stated that there are ways to move forward and that the phased approach by the church will be a reality. He stated that he believes that when the General Plan is 03/03/99 Minutes, Council Regular Session 17 changed, the Urban Growth Boundary will probably be moved to the north. Mayor Loomis stated that he felt the UGB is a protection that the General Plan establishes for the community. He stated that at this point, he is opposed to the 55% disturbance of the property. CALL FOR THE QUESTION: Motion carried, 4— 1 with Council Member Skalsky opposed. Council Member Skalsky stated that she wanted to be careful about forcing the applicant into a General Plan amendment. She stated that her interest in continuing the item to a Study Session was so there would be an awareness by the neighbors of what would be in the neighborhood. She stated that the General Plan is a guideline and a tool and it needs to be addressed with a common sense approach. Council Member Johnson asked staff to have information available on Pima County's Suburban Ranch requirements in terms of measuring the footprint so Council has that information to compare during the translational zoning. Mayor Loomis recessed the meeting at 9:35 p.m. The meeting resumed at 9:45 p.m. 9. PUBLIC HEARING —ORDINANCE NO. (0)99-12 OV9-99-7 ADOPTING TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144, WITH CONDITIONS, ON THE KLINGER PROPERTY, LOCATED WITHIN THE LA CHOLLA/TANGERINE ANNEXATION AREA Community Development Director Don Chatfield stated that Ordinance No. (0)99-12 considers a translational zoning on a property that has a Pima County Suburban Ranch Zoning which would translate to Oro Valley's closest equivalent zoning of R1-144. Dr. Chatfiled stated that the property owners have requested that the property retain the horse entitlements that they had in Pima County. Dr. Chatfield stated that the Planning and Zoning Commission met on February 2nd and recommended approval of the translational zoning with livestock and horse entitlements. He stated that staff also recommended approval of the translational zoning. Mayor Loomis opened the public hearing. Claire Klingler, 12151 N. Como Drive, stated that they had no problems with the conditions that were imposed on the translational zoning. Mayor Loomis closed the public hearing. MOTION: Council Member Skalsky MOVED to approve Ordinance No. (0)99-12, OV9-99-7, translating zoning for parcel #219-42-0150 in the area known as 03/03/99 Minutes, Council Regular Session 18 La Cholla/Tangerine from Pima County SR to Oro Valley R1-144 along with the conditions listed in Exhibit"A" and all applicable development standards of the R1-144 Zoning District. A) 1. Pima County Standards shall apply to all livestock and horse facilities and activities 2. Any expansion of the existing livestock and horse facilities shall be in conformance with the requirements of the Oro Valley Zoning Code Revised. Specifically, any additional clearing or grading (including the expansion of livestock areas) of more than 1000 square feet shall require a Type I grading permit. Council Member Johnson SECONDED the motion. Motion carried, 5 — 0. 10. PUBLIC HEARING— ORDINANCE NO. (0)99-13 ADOPTING TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1- 144 ON THE FOLLOWING PROPERTIES CONTAINED WITHIN LA CHOLLA/TANGERINE ANNEXATION AREA: OV9-99-3 Corona NW Associates property OV9-99-4 Neville property OV9-99-8 AR MA Membership Benefits Inc. property OV9-99-9 Arizona State Land property OV9-99-10 Haralson property OV9-99-11 Allbright property OV9-99-12 Stark property OV9-99-13 Anderson& Haralson property OV9-99-14 Moschonas property OV9-99-15 Amphitheater Public School District property OV9-99-16 Sing property OV9-99-17, OV9-99-18, OV9-99-19 Levitt property OV9-99-20 Khan property Community Development Director Don Chatfield reported that all the properties referred to in Ordinance (0)99-13 are currently zoned Pima County Suburban Ranch (SR). He explained that staff is recommending translation of the zoning to Oro Valley's closest comparable zoning designation of the R1-144 Zoning District. Dr. Chatfield explained that the Planning and Zoning Commission considered the translational zoning of these properties on February 2"d and recommended approval. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Johnson MOVED to approve Ordinance No. (0)99-13, Translational Zoning of properties located within La Cholla/Tangerine, from Pima County SR to R1-144 as attached. Council Member Skalsky SECONDED the motion. Motion carried, 5 —0. 03/03/99 Minutes, Council Regular Session 19 11. PUBLIC HEARING—ORDINANCE NO. (0)99-14 ADOPTING TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1- 144 WITH CONDITIONS ON THOSE PROPERTIES KNOWN AS THE MILLER FAMILY PROPERTIES, LOCATED WITHIN NORTH TANGERINE AND SHANNON/LIMEWOOD ANNEXATION AREAS Community Development Director Don Chatfield reported that Ordinance No. (0)99-14 considers a translational zoning for the Miller Family property from Pima County Suburban Ranch (SR) to Oro Valley's R1-144 Zoning District. He explained that the property owner requested during the annexation process that the existing horse and cattle rights under Pima County standards be preserved. Dr. Chatfield stated that Planning and Zoning Commission considered the translational zoning on February 2nd and recommended approval. Mayor Loomis opened the public hearing. Richard Miller, 11650 N. Shannon, stated that he was present for any questions from Council. Mayor Loomis closed the public hearing. MOTION: Council Member Skalsky MOVED to approve Ordinance No. (0)99-14, Translational Zoning of the Miller Properties, from Pima County SR to R1-144, as attached. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 - 0. 12. PUBLIC HEARING—OV13-99-15 APPROVAL OF TOWN OF ORO VALLEY BOULEVARD BANNERS USED TO PUBLICIZE THE TOWN'S 25TH ANNIVERSARY CELEBRATION Community Development Director Don Chatfield reported that the steering committee for the Town's 25th Anniversary Celebration has proposed using banners that would be suspended from light poles to publicize the event. He stated that the hardware to support the banners might also be used to publicize other Town events. Dr. Chatfield explained that the Zoning Code Revised does not allow this type of signage, except under a special use permit for a period of up to 60 days. He stated that the Zoning Code Revised does give the Council the authority to exempt itself from any provisions of the Sign Code. Dr. Chatfield reviewed the proposed locations of the banners totaling 104 banners with an alternative proposal of 52 banners (which would eliminate the commercial locations.) He explained that the Development Review Board (DRB) voted to recommend approval of the Boulevard Banners with conditions. Dr. Chatfield stated that staff cannot support the recommendation of the DRB as the Town has worked very hard to minimize sign clutter within the Town. He explained that there is a process in place to approve special 03/03/99 Minutes, Council Regular Session 20 event banners and signs. He stated that staff feels that the Town should use the Special Use Permit process which is good for up to sixty days. Dr. Chatfield stated that staff's primary concern is that they frequently deal with issues about banners within retail centers. He stated that if the Town would ask to hang banners within the centers, it would compromise the Town's ability to control banner use within the retail centers. He explained that they support the committee in getting the word out and in keeping the communities interest high, but staff would recommend a different approach. Richard Izen, 12356 N. Mt. Bigelow, representing the 25th Anniversary Celebration Steering Committee, stated that have planned several ways to publicize the Celebration. He stated that they would be preparing flyers in conjunction with the Greater Oro Valley Arts Council for the April 17th and 18th kick-off. He stated that there would be newspaper advertisements for all the events as they come up and editorials on the history of the Town. They would also be handing out souvenirs. Mr. Izen explained that the committee was looking for ways to remind the citizens of the celebration and unify the Town. He explained that it was felt that the banners would help promote the events. Mr. Izen reviewed two proposals for placement of the banners throughout the Town. He displayed two renditions of the proposed banners and explained that they would be held rigid by two supports. He also addressed obtaining a Conditional Use Permit and stated that there were no 60 day period between events. He stated that the committee would prefer to get approval for the banners until April, 2000. Mr. Izen stated that they hoped to raise funds for the banners through the Town's citizens and businesses but it would not be a commercial venture. In answer to a question from Council Member LaSala regarding installation of the banners and standards, Town Manager Chuck Sweet explained that typically a local utility or cable company is willing to donate equipment and qualified personnel to install such items. He stated that if the proposal goes forward, he would suggest that the Town contact local companies to see if they would donate the equipment and time. Council Member Johnson stated that one year was a very long time to display the banners. He stated that maybe 30 days or so was long enough. In answer to a question from Council Member LaSala, Dr. Chatfield stated that staff is uncomfortable with exempting ourselves from the Sign Code. He explained that Special Use Permit can be issued for sixty days for each special event. He explained that staff wants to work with the Committee but still maintain control of the Sign Code. Council Member Skalsky stated that she had a problem with the banners being up all year. She stated that the banners would get dirty and tear. 03/03/99 Minutes, Council Regular Session 21 Council Member LaSala stated that he is opposed to exempting the Town from its own laws. He stated that he is against the concept of banners and recommended using other types of advertisement. Mayor Loomis opened the public hearing. Mark Lewis, 11810 N. Copper Butte, stated that the street lights at Rancho Vistoso are in the Town right-of-way and are beyond the jurisdiction of the Homeowners Association so the banners could be placed by the Town on the lights outside of Sun City Vistoso. He also asked if the support brackets for the banners would remain on the light poles or would they be removed when the banners were not in place. He also stated that he favored the Town using the system that was already in place for special permits for signs. Mr. Izen stated that the brackets mounted easily and would come down when there were no banners on them. Mayor Loomis closed the public hearing. MOTION: Council Member LaSala MOVED to direct staff to work with Mr. Izen and follow staff's recommendation on the issue of boulevard banners. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 —0. 13. RESOLUTION NO. (R)99-30 DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT KNOWN AS THE "TOWN OF ORO VALLEY PARKS, OPEN SPACE, AND TRAILS MASTER PLAN" AND DECLARING AN EMERGENCY MOTION: Council Member Skalsky MOVED to approve Resolution No. (R)99-30 making that document known as the "Town of Oro Valley Parks, Open Space, and Trails Mater Plan," a public record. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 —0. 14. PUBLIC HEARING-ORDINANCE NO. (0)99-15 AMENDING ORDINANCE NO. (0)96-27 TO PROVIDE A SUPPLEMENT TO THE TOWN OF ORO VALLEY GENERAL PLAN - OPEN SPACE/RECREATION ELEMENT—TOWN OF ORO VALLEY PARKS, OPEN SPACE, AND TRAILS MASTER PLAN Community Development Director Don Chatfield thanked Karen Baker, Chair of the Parks and Recreation Board, and Gary Chandler, Vice Chair of the Parks and Recreation Board for their work on the Parks, Open Space and Trails (POST) Master Plan. He stated that there were still some items that needed to be addressed and requested a continuance of the item until March 17th. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. 03/03/99 Minutes, Council Regular Session 22 MOTION: Council Member LaSala MOVED to CONTINUE Ordinance (0)99-15 until the March 17th Council meeting to allow the Parks and Recreation Board to add their comments and review the document and to allow time for Dr. Chatfield to review and clarify several items from the Mayor. Council Member Skalsky SECONDED the motion. Motion carried, 5 —0. 15. APPROVAL TO SETTLEMENT NEGOTIATIONS OF FAZIO LAWSUIT (SUPERIOR COURT CASE NUMBER C316599) REGARDING AN IMPROPERLY LOCATED WATER LINE AND ALL ANCILLARY MATTERS) Town Attorney Tobin Sidles stated that discussion regarding Superior Court Case Number C316599 took place in Executive Session with the Town appointed attorney, Mr. Rollman. MOTION: Vice Mayor Parisi MOVED to direct the attorney to accept the proposed settlement and prepare and file any documents necessary for the final disposition of this lawsuit and ancillary matters. Council Member Johnson SECONDED the motion. Motion carried, 4— 1, with Council Member Skalsky opposed. 16. ASSURANCE AGREEMENT FOR THE COMPLETION OF THE HONEY BEE CANYON RECREATION AREA TO ALLOW THE RELEASE OF BUILDING PERMITS FOR RANCHO VISTOSO NEIGHBORHOOD 5B (MONTEREY HOMES) Community Development Director Don Chatfield reported that the Town has approved the development plan for the Honey Bee Recreation Area. He stated that there are a number of subdivisions whose permits are tied to the completion of the recreation area. He stated that the construction of the recreation area has not begun, and Monterey Homes has pulled all the building permits that they can before completion of the recreation area. Dr. Chatfield stated that the Planning and Zoning Administrator, Bryant Nodine, has been working with Monterey Homes and Vistoso Partners and he is recommending that a combination of bonds and cash, that would completely cover the cost of the recreation area, be applied. Staff has determined that with a 20% contingency, the estimate to complete the recreation area would be $174,000. The assurance by Monterey Homes would be held in escrow in the amount of$100,000 and the assurance by Vistoso Partners includes several performance bonds. The total of the assurance agreement comes to $177,450. He stated that approval of the agreement would assure completion of the recreation facilities and allow Monterey Homes to continue to obtain building permits while the recreational facilities are constructed. Dr. Chatfield pointed out that the recreation area needed to be completed by July 6, 1999 or the Town would have the right to take the cash and bonds to have the recreation area constructed. In answer to a question from Council Member LaSala, Dr. Chatfield stated that in putting together the final development plan, the Vistoso Partners felt that they had a lack of 03/03/99 Minutes, Council Regular Session 23 information from the Town on which way to go. He explained that once the plans were submitted, they went through the normal process without any further delays. MOTION: Council Member Skalsky MOVED to approve Honey Bee Recreation Canyon Recreation Area, OV 12-97-16, Assurance Agreement and allow staff to release building permits as of tomorrow morning (March 4, 1999) for Rancho Vistoso Neighborhood 5B until July 6, 1999. Vice Mayor Parisi SECONDED the motion. Motion carried, 3 —2, with Mayor Loomis and Council Member LaSala opposed. TOWN MANAGER'S REPORT No report. ENGINEER'S REPORT Jim Hossley, Streets and Roads Maintenance Supervisor, reported that construction plans for the left turn bay on west bound Tangerine Road at the La Canada Drive intersection are currently out to bid. FINANCE DIRECTOR'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Community Development Director Don Chatfield thanked the Community Development staff and other town staff members for their help in getting the Target Store project completed. He also thanked Target and the Barclay Group for their work. POLICE CHIEF'S REPORT No report. WATER UTILITY DIRECTOR'S REPORT Water Utility Director David Hook announced that Water brochures were distributed to Council and they will be mailed out the Town's residents in the next water billing. COUNCIL COMMITTEE REPORTS No reports. CALL TO AUDIENCE Jeff Grobstein, President of Monterey Homes, thanked Mayor, Council and staff for their work in getting Agenda Item#16, Honey Bee Recreation Area, on the agenda. He 03/03/99 Minutes, Council Regular Session 24 explained that they over funded the park by $40,000 to insure that the park would be completed and to provide a level of comfort for the Town. Council Member LaSala announced that today (March 3rd) was Council Member Johnson's birthday. He and Council extended birthday wishes to Mr. Johnson. ADJOURNMENT MOTION: Council Member LaSala MOVED to adjourn at 10:45 p.m. Council Member Skalsky SECONDED the motion. Motion carried, 5 —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 regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 3r1 day of March, 1999. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 1999. Kathryn E. Cuvelier, CMC ITEM 5. Exhibit "A" EXHIBIT "A" AMENDMENTS OF THE ORO VALLEY ZONING CODE REVISED, CHAPTER 2,DEFINITIONS AND CHAPTER 7, MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS, AND CHAPTER 9, CONDITIONS FOR SPECIFIC USES, RELATING TO TIMESHARES ARTICLE 2-1. DEFINITIONS Section 2-101 General TIMESHARE PLAN means any plan or program in which the use, occupancy, or possession of one or more time-share units circulates among various persons for less than a sixty-day (60) period in any year, for any occupant. The time-share plan shall include both time-share ownership plans and timeshare use plans, as follows: A. TIMESHARE OWNERSHIP PLAN means any arrangement whether by tenancy in common, sale, deed, or other means whereby the purchaser receives any ownership interest and the right to use the property for a specific or discernible period by temporal division; and B. TIMESHARE USE PLAN means any arrangement, excluding normal hotel operations, whether by membership agreement, lease, rental agreement, license, use agreement, security or other means, whereby the purchaser receives a right to use accommodations or facilities, or both, in a time-share unit for a specific or discernible period by temporal division, but does not receive an ownership interest. TIMESHARE UNIT means the actual and promised accommodations, and related facilities, which are the subject of a time-share plan. CHAPTER 7 MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS ARTICLE 7-2. R-4R RESORT DISTRICT Sec. 7-203 Use Regulations B. Uses Subject to Conditional Use Permit a. Timeshare Units, subject to Section 2-101, Definitions, and Section 9-109a, Timeshare Plan. ARTICLE 7-4. R-S RESIDENTIAL SERVICE DISTRICT Sec. 7-403 Use Regulations B. Uses Subject to Conditional Use Permit 12. Timeshare Units, subject to Section 2-101, Definitions, and Section 9-109a, Timeshare Plan. ARTICLE 7-5. R-6 MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 7-503 Use Regulations B. Uses Subject to Conditional Use Permit 12. Timeshare Units, subject to Section 2-101, Definitions, and Section 9-109a, Timeshare Plan. ARTICLE 9-1. CONDITIONS FOR SPECIFIC USES Sec. 9-109a Timeshare Plan No use permit for a timeshare plan shall be granted unless the following conditions are met: A. Each timeshare unit development shall have an established association to ensure constant maintenance of the exterior and interior of the development. B. On-site security shall be provided for each timeshare development. C. On-site sales are not permitted. D. These conditions will be reviewed during the development plan phase of the proposed timeshare unit. QS) O a " PI. "" , 7 11000 N. La Canada Dr. y Oro Valley, Arizona 85737 { Vis ►' • aPhone (520) 742-5474 FAX (520) 797-2616 �'VERNER S.WOLFF,Chief of Police / y=,y> � ���a } �� . 4 ": A lbivE pig N D ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" MM0RANDUM TO: Mayor Loomis and Town Council FROM: Chief Werner S. Wolff DATE: February 25, 1999 RE: Monthly Breakdown of Citations by Violation and Police Activity Summary Attached please find the updates for the month of January, 1999. Please note that some areas of the summary have changed. Due to a new computer system not all areas of the statistics will be broken down as before. WSW:nlr O in ii N N r-+ \O r-+ ON t---- \p M 00 \O CI' CT Cr O - ,--4 N kN Nr*-- N t`00 N i -1 cr, H 0 H W Q 0 z H L) 0 , Emil* Z w W ,,, , , , , E". .tt (... C4 .<- .it 0.• , , i , • ,W A cA , , - , PiT4 � E-0 0* 0-0W , , i , O N ›... rzo C...) -tt , ,W W p4 *4 0-0Att U � 0..4 , . O C 41 0 w ...1c:4 H . , . -< \p in in N N - \o ---- O\ \O in M 00 \C - CT a' - r. i, ^-» M N N t- N 0000 N - 00 � 0\ N CrC Z ti W CA P4 w H c ' a C C 7. ' W ,-.4 Q - ,CI -' ars� 3 i .. 0 . ... ..,., 0 , 0 c .= O 4:1 e r O CT .` 0 ::-.4 0 0 = P. Z H W H H < H Q Q fes+ Q U ►.-� M C C t--- O kr1 N C 00 M M N In 00 00 - -4 N -4 M -. O H L) w O Z 4 _ 0 __..., , orn E-0 v O *4 _. ____,O .., **4 P. G4 cAW g 4 ..tO - H w v) H A o W - cis) CIIII) 1.011 -1 , , , 1.1MEM. 1 ~• w 00 O O N co 4 ......_, w ... i _ ›-. H W O 0 , 5 ,......._, , ____.• , r:4• w O g ......._7 , , _ g = O ii-4� : _ , , 4 = w O `, i , , T-• r--- C v> N C �c v:) 00 M M Nin M O C 00 00 r--- r--+ N ,-.�--+ M ti , \ O H 0, O o rj °` `- �j Q O h .o E--, Q a H E-� v� Q O Q2►~ H vl O Z O O O ►P-4M � O W W � � 1 o L.)E-� w� w EE--4 �w L. 8 wZ ��' o OE- Nw = Z � wa < • w 01 • E.-. E.::: 0 Q 0x 00 00 c.) w P. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Finance Report For Month Ended January 1999 SUMMARY: Attached to this communication is the Finance Report for the Month Ended January 31, 1999. GENERAL FUND: Selected points are as follows: k). Overall, General Fund revenues are exceeding expenditures by$751K primarily due to better than expected construction related revenue collections. q> Sales tax collections from construction are up 41% over the same time last year and estimated to exceed budget by $542K. q> Residential building permit fees are up 33% over the same time last year and estimated to exceed budget by$202K. tb State/county shared revenues collections are tracking to budget. rb Departmental expenditures are within budget. Other Funds q> State shared fuels taxes are expected to not meet budget by approximately $152K. Townwide roadway impact fees, alternative water impact fees and water connection fees revenues are estimated to exceed budget by $210K, $28K and$11K, respectively. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 Oro Valley Water Utility tb Current retained earnings are at$811K. rb Water revenues may meet or exceed budget. tb Capital expenses are below budget. W Current cash balances are exceeding budget by$1,673K. 2.9i4/2t(021- David L. Andrews Finance Director Chuck Swe: Town Manager CC: Chuck Sweet, Town Manager All Department Heads Town of Oro Valley GENERAL FUND Budget Compared to Actuals Report Through January 31,1999 Percentage of Year Completed 7/12=58.3% 1998/99 Percentage January Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Local Taxes $ 273,141 $ 2,065,707 $ 3,723,000 55.5% State/County Shared 342,994 2,246,654 3,993,000 56.3% Fines 15,145 121,889 233,000 52.3% Licenses&Permits 118,593 768,727 1,001,000 76.8% Charges for Services 15,014 121,111 208,950 58.0% Federal Grants 86,787 190,670 505,592 37.7% State Grants 43,468 191,610 267,754 71.6% Interest Earnings 39,235 209,837 240,000 87.4% , Miscellaneous 60 15,571 23,300 66.8% Financing From Leases - - 129,000 0.0% Carryforward 5,343,655 TOTAL REVENUES 934,437' 5,931,776 15,668,251 57.5% EXPENDITURES: Town Council 6,637 39,826 68,197 58.4% Town Clerk 17,449 117,440 217,995 53.9% Magistrate Court 32,134 210,929 363,499 58.0% Town Manager 37,528 181,981 351,895 51.7% Economic Development 20,787 90,756 305,215 29.7% Finance 20,465 159,451 300,964 53.0% Legal 15,371 102,638 355,652 28.9% Community Development Administration 13,362 99,093 1 201,453 49.2% Planning&Zoning 57,062 359,497 891,524 40.3% Parks&Recreation 31,608 337,009 632,654 53.3% Police 381,466 2,451,224 4,670,354 52.5% Police-Capital Contingency - - 147,795 0.0% Building Safety23,265 169,774 415,701 40.8% _ Custodial&Facility Maintenance 14,823 50,387 189,050 26.7% General Administration: Operations&Maintenance 28,912 _ 144,415 277,147 52.1% Improvements - 7,746 r 6,000 129.1% Vehicles&Equipment 54,077 59,209 53,500 110.7% Land 174,000 0.0% Transfers to Other Funds - 599,040 2,936,746 1 20.4% Contingency/Reserve . 3,108,910 TOTAL EXPENDITURES $ 754,946 $ 5,180,415 $ 15,668,251 41.2% REVENUES LESS EXPENDITURES $ 179,491 $ 751,361 FUND BALANCE AT JULY 1,1998 $ 5,902,090 CURRENT FUND BALANCE $ 6,653,451 Town of Oro Valley HIGHWAY FUND Budget Compared to Actuals Report Through January 31,1999 Percentage of Year Completed 7/12=58.3% 1998/99 Percentage January Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: State Shared Fuels Tax $ 133,736 $ 648,342 $ 1,577,000 41.1% Other Revenues 10,524 60,058 57,500 104.4% Financing From Leases - 34,781 45,000 77.3% Carryforward of Fund Balance 1,376,490 TOTAL REVENUES 144,260 743,181 3,055,990 44.3% EXPENDITURES: Personnel 39,960 291,820 570,868 51.1% Operations&Maintenance 45,231 199,582 386,750 51.6% Street Improvements 8,635 8,635 150,000 5.8% Capital Improvements (1,878) (22,573) 499,000 -4.5% Equipment&Vehicles - 39,373 79,000 49.8% Lease Purchase Payments - 23,224 51,100 45.4% Contingency 1,319,272 TOTAL EXPENDITURES $ 91,948 $ 540,061 $ 3,055,990 31.1% REVENUES LESS EXPENDITURES $ 52,312 $ 203,120 FUND BALANCE AT JULY 1,1998 $ 1,462,087 CURRENT FUND BALANCE $ 1,665,207 Town of Oro Valley OTHER FUNDS Budget Compared to Actuals Report Through January 31, 1999 Percentage of Year Completed 7/12=58.3% 1998/99 Percentage PUBLIC TRANSPORTATION FUND January Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Local Transportation Assistance Funds $ 15,017 $ 89,024 $ 145,000 61.4% Other 12,725 22,466 30,320 74.1% Carryforward of Fund Balance 72,632 TOTAL REVENUES 27,742 111,490 247,952 63.6% EXPENDITURES: Personnel 8,976 58,733 145,982 40.2% Operations&Maintenance 5,776 20,601 58,430 35.3% Equipment - - 7,500 0.0% Contingency 36,040 TOTAL EXPENDITURES $ 14,752 $ 79,334 $ 247,952 37.4% REVENUES LESS EXPENDITURES $ 12,990 $ 32,156 FUND BALANCE AT JULY 1,1998 $ 91,290 CURRENT FUND BALANCE $ 123,446 1998/99 Percentage TOWNWIDE ROADWAY DEVELOPMENT January Y-T-D Total of Budget IMPACT FEES Actuals Actuals Budget Completed REVENUES: PAG Reimbursement $ - $ - $ 500,000 0.0% La Canada Drive Improvements - 7,593 - 100.0% Interest-Investments 30,234 152,854 178,000 1 85.9% Development Impact Fees 94,122 815,724 1,165,000 70.0% Carryforward of Fund Balance - - 4,307,464 TOTAL REVENUES 124,356 976,171 6,150,464 15.9% EXPENDITURES: Improvements 2,391 v 96,822 1,723,000 5.6% Contingency - - 4,427,464 TOTAL EXPENDITURES $ 2,391 $ 96,822 $ 6,150,464 5.6% REVENUES LESS EXPENDITURES $ 121,965 $ 879,349 FUND BALANCE AT JULY 1,1998 $4,591,238 CURRENT FUND BALANCE $ 5,470,587 Town of Oro Valley OTHER FUNDS Budget Compared to Actuals Report Through January 31, 1999 Percentage of Year Completed 7/12=58.3% 1998/99 Percentage ALTERNATIVE WATER RESOURCES January Y-T-D Total of Budget DEVELOPMENT IMPACT FEES Actuals Actuals Budget Completed REVENUES: Development Impact Fees $ 33,114 $ 176,634 $ 234,000 75.5% Interest-Investments 3,540 16,966 10,000 169.7% Carryforward of Fund Balance 411,377 TOTAL REVENUES 36,654 193,600 655,377 29.5% EXPENDITURES: Outside Professional Services 1,820 13,227 120,000 11.0% Improvements - - 535,377 0.0% TOTAL EXPENDITURES $ 1,820 $ 13,227 $ 655,377 2.0% REVENUES LESS EXPENDITURES $ 34,834 $ 180,373 FUND BALANCE AT JULY 1,1998 $ 480,680 CURRENT FUND BALANCE $ 661,053 1998/99 Percentage ORO VALLEY WATER January Y-T-D Total of Budget CONNECTION FEES Actuals Actuals Budget Completed REVENUES: Connection Fees $ 58,071 $ 239,410 $ 349,000 68.6% Other 4,093 22,466 - 100.0% Carryforward of Fund Balance 232,223 TOTAL REVENUES 62,164 261,876 581,223 45.1% EXPENDITURES: Improvements 24,321 145,753 20,000 728.8% Debt Service Payments - 15,345 73,290 20.9% Contingency 487,943 TOTAL EXPENDITURES $ 24,321 $ 161,098 $ 581,233 27.7% REVENUES LESS EXPENDITURES $ 37,843 $ 100,778 FUND BALANCE AT JULY 1,1998 $ 124,466 CURRENT FUND BALANCE $ 225,244 Town of Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Statement Through January 31,1999 Percentage of Year Completed 7/12=58.3% 1998/99 Percentage January Y-T-D Total of Budget Actuals Actuals Budget Completed OPERATING REVENUES: Water Revenues $ 355,740 $ 2,532,791 $ 4,432,113 57.1% Other 14,442 111,603 171,000 65.3% TOTAL REVENUES 370,182 2,644,394 4,603,113 57.4% OPERATING EXPENSES: Cost of sales&services 188,348 1,115,042 2,118,974 52.6% Depreciation&Amortization 100,454 703,180 1,204,224 58.4% TOTAL OPERATING EXPENSES 288,802 1,818,222 3,323,198 54.7% OPERATING INCOME 81,380 826,172 1,279,915 64.5% NONOPERATING REVENUES(EXPENSES) Interest Income 28,566 155,801 200,000 77.9% Financing from Leases (28,074) - 45,000 0.0% Interest Expense 123,425 863,975 1,487,400 58.1%1 TOTAL NONOPERATING REVENUES (EXPENSES) (122,933) (708,174) (1,242,400) NET INCOME $ (41,553) $ 117,998 $ 37,515 RETAINED EARNINGS AT July 1,1998 $ 693,180 rr $ 467,271 CURRENT RETAINED EARNINGS $ 811,178 $ 504,786 CAPITAL BUDGET Machinery&Equipment $ 1,099 $ 53,529 $ 44,500 120.3% Vehicles 5,326 5,326 133,500 4.0% Meters 12,215 39,640 56,300 70.4% Wells - 5,283 320,000 1.7% Booster Stations 4,330 5,130 468,000 1.1% Transmission/Distribution Main 112,091 112,531 302,188 37.2% Reservoirs - 7,300 721,000 1.0% Hydrants - - 40,000 0.0% Telemetry 365 77,488 15,000 516.6% Structures - - 85,000 0.0% TOTAL CAPITAL BUDGET $ 135,426 $ 306,227 $ 2,185,488 14.0% Town of Oro Valley ORO VALLEY WATER UTILITY Statement of Cash Flows Through January 31, 1998 Total Actual Budget Cash at July 1, 1998 $ 4,081,805 $ 3,435,714 Total Cash Collections 3,342,805 4,848,113 Total Cash Payments 3,600,096 6,131,861 Net Change in Cash (257,291) (1,283,748) Current Cash Balance $ 3,824,514 $ 2,151,966 . D, �n pC '?' ,D O Oh kr) M O No0 kr) oo VD CV 93 _ O W 00 00 00 N ON N r"" Q; '� M 69 Ln 69 M CS Oin O W �, 69 69 v0 69 69 69 N 69 69 69 w oo U r., a, a N 71' O O \D VD O O N o0 N 4) vD kr) kr) M C71 CN 69 69 00 O O LI-1 M N N \D ct• kr) N M 00 G N •--� O M 00 00 M N O 613 ON 11. > 69• 6.9 ,zt' 49 69 w 69 69 N O\ N N \O O O O \O M Q 00 O Q� --. ..� ..- V CL. p M 604 609 oo en Min 00 \O O a1 00 00 N (-1 = tri oo C 69 r i 69 69 O �' 69 69 64 64 \JO 64 Eli". 2 ¢ w ww cA N ,t' M N — O O O M M w V1 M M o a) a w N O \D 0, o vl 00 M O ,Zr In O >'" �_ N \O M M O 00 �O In \O NEs .-4 00 O w Q Q\ .,.,oN CA > o�0 69 69 64 N 69 69 69 64 00 Al O FH'' 4 69 64 64 ' E"'" en N ct O O O M M ... 5: w , XI cn M M O O `O N O O O N M 4) 00 \D -7r C,1 M 69 69 69 M ti0 W N M M 00 M O O M cn N 69 00 N N O *-� 00 69 64 G) a.� V 69 64 69 69 j Q N C) VO 000 64 69 64 00 � C `� O M O 00 N M M \p �G r•-: I� G': vO I. z M 64 EA _ S N M 69 69 U N N Le) N v... — O O O ..� N 0 a ,-, i cA vi .— CCS"O 4 , a U «S •U U c,a 15 a) O C1) ;b a Ha C24 N g [.1.1 >z UQb o s Q •� Oa.) o Eo a a aEW v U L'� p4 a) vi ti. � r:4 'CZQ *Cn < < — ° OH ZO Q 0 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Civil Engineering Technician Resolution No. (R)99- 32 SUBJECT: Request from Mr. and Mrs. David Ortiz for a temporary waiver of the no access easement to their property from La Canada Drive. Their lot (lot 32 of Copper Creek II Block C) fronts on Crosswinds Place. SUMMARY: Staff received a request from Mr. and Mrs. Ortiz to obtain temporary relief from the no access easement on their lot along La Canada Drive. The Ortiz's wish to construct a pool in their back yard, and have entered into a contract with Tucson Pools to do so. Tucson Pools has submitted an application for review by the Building Codes and Planning and Zoning staff. Landscaping and vegetation hinder access from the front to the back of the lot. Access from the front of the lot would also require crossing their neighbor's property due to the narrow frontage of the lot. The lot is located on a cul-de-sac. The Ortiz's would remove a section of the wall along La Canada Drive to provide access. The opening in the wall would be sealed off during periods when construction is not under way. Upon completion of the project, the wall and right-of-way would be restored to their pre-construction condition. The Ortiz's have sought and obtained the support of the Copper Creek Architectural Review Committee. Waivers to the no access easements in Copper Creek have been granted in the past in several instances. ATTACHMENTS: Resolution No. (R)99-32 Letter from Copper Creek Homeowner's Association, letter from Tucson Pools and site plan for pool. FISCAL IMPACT: None RECOMMENDATIONS OF STAFF: Given the circumstances of this request, staff recommends approval subject to: 1. The Ortiz's obtaining a Right-of-Way Use Permit from the Department of Public Works. 2. Access is used only for the purpose of pool construction. 3. A letter of approval from the Copper Creek Homeowner's Association shall be provided. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: I move to approve Resolution No. (R)99- 32 subject to staff recommendations #1, 2 and 3 above. or I move to deny Resolution No. (R)99- 32 t -pa�`�entHe.� fire, i Town Manag:r RESOLUTION NO. (R)99-32 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING A WAIVER TO THE NO ACCESS EASEMENT TO ALLOW ACCESS TO THE REAR OF A LOT FOR THE CONSTRUCTION OF A POOL. WHEREAS, Mr. & Mrs. David Ortiz wish to have a pool constructed in their back yard; and WHEREAS, access to the back yard from the front of the lot is hindered by limited room and existing landscaping; and WHEREAS, access to the rear yard from La Canada Drive is prevented by a no access easement; and WHEREAS, the Copper Creek Architectural Review Committee has no objection to the temporary waiver of said no access easement; THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That a temporary waiver be granted to the no access easement for the purpose of pool construction. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 17th day of March , 1999. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Sidles, Town Attorney Date Date Sent By: LEWIS MANAGEMENT RE; 5207421523; Mar-8.99 12:08; Page 2'2 Association Management by LMR Lewis Managnnent Resources, Inc. March 7925-A N, Oracle Road, #391 • Tucson, AZ 85704-6356 Dave and Laurie Ortiz COPPER Phone: 742-5674 1381 W. Crosswinds Plage Fax: 742-1523 Tucson, AZ 85737 Dear Dave and Laurie: Thank you for submitting your request for approval to install a pool at your home in Copper Creek. Please be advised that the Architectural Review Comniit.tec has recommended and the Board has conditionally approved your submittal with the following stipulations: NOTE: TheP'map reflects that the access from LaCanada Drive is a 1' no access P Ole easement. As required, Copper Creek Association advises you that you must obtain the approval of the Town of Orn Valley to waive this l' no access easement, prior to any construction activities. �1. 1. The exterior wall::must be rebuilt to match the existing wall in elevation, stucco and painting within one week of installation of the swimming pool. 2. A temporary solid barrier other than plastic fencing must be in place at all times at the access site until die exterior wall has been replaced. 3. Any damage to the curb or sidewalk must be repaired within 24 hours of the damage, 4. All construction n raterial/debris must be contained within your backyard and the sidewalk must remain clear.and debris-free at all times. 5. ifPo our pool will have a filtering system that requires backflushing, please be aware that y Pana County and;the Town of Oro Valley have ordinances regarding the discharge of pool water onto public streets and sewer systems. The Copper Creek Association prohibits backflushing onto common areas. 6. Pool equipment vill be placed in the rear yard area behind the rear privacy wall. 7. The buferand lands in installed along Copper Creek Drive shall be restored to its Y g pre-construction condition (ie, all landscaping plants, sh ubs, rock ground cover, etc.) This letter must be signad by you and "Pool Company" and returned to our offices prior to commencing work. Should you have any questions or comments regarding the contents of this Fetter, please do not hesitate to contact me at 742-5674. Sincerel Accepted and Approved: ,Z..# Mark Lewis : Homeowner For the Copper Creek A. oeiation "Pool Company" By: Its Mp12-05-99 FRI 10 : 14 AM TUCSON POOLS 520 293 3406 P. 02 Serving Tucson (520) 193-3000 Since 1987 F (520) 2933406 usof ! 4615 N. 1st Ave. . Tucson, AZ 85718 March 5, 1999 Steve Faaborg Town of Oro Valley 11000 N. La Canada Oro Valley, AZ 85737 Dear Steve, This letter is written to request permission to use the access noted on the enclosed pool ptan for the Ortiz residence located at 1381 W. Crosswinds PI. in order to install their pool/spa project. Submittal to Lewis Management for HOA approval has been sent. We are requesting permission to access from La .Canada to avoid added expense to the homeowner.and to avoid accessing through his neighbors yard and avoiding.additional.expense to the homeowner and inconvenience to his neighbors. We thank you in advance for your consideration on this matter. If you need any additional information or questions please call me at.293- 3000. Sincerely, TUCSON PO4LS TammyMilam f' 5iJ"Tucson'sson's QliA�� NSIDPool Builder" AZ LIC.No.Q5-067'451 PROFESSIONAL • MAR-03-99 FRI 10:15 AM TUCSON POOLS 520 293 3406 P.03 N>w c�t. r v o >s ?t M (� O c43-1 9 r rili L N Lia C ., 'i ', gd .•, ggT .. I 1"41 • ,, 0 ' )--gl.'b'l ii 1)5P9,13 • - - I . -T-1 ,,, ,-" I ari €1 8 -1rI fl§?, -2 . ..7--._ dill 8 1 -'. ', fi' -4 TI FS A c . i i til cc,. ...; \' Fa --grl rsfi 1 \ i Et' i 4 :;a4 ,_ . i g 0 Ali t:' ,A ?i, 0,-:_,5i , t , .. 9 - % - 71 *1 r"' 1,' -1""'' i 11\:-1 I- mei 8 % i r my' N ti " ? o t >k\)1, ' \ . ,, i 1 -Pt.,-, \ SC\ (70:-----"ir2\\ -I\r aI, I !rr,# ;*-° \ i'- ) IC kk 5 . ---- .-1-,' Y 'id .1 �� u i.1 (N,,... -0., ---7--"\ i tilt AVi*, 0 _ 1 \ ).;.,-.\n "tr. - i P N ,),..c', ,14 ' \k"' r. .' '.---.' —'' " 1:;'' l* \\ , ----....,AZ 4,......, ek4„.. : , 1 • \ ,,, Y04,=.,--,--„2,,c,-,--,,,..,..,, K ,,4ii.- , V.-. , , •;.-. `-, /, >2-Q-e-i___/ --...,N,,, ,. „ N \ , N' .'' : \\ sr , ,- ,. )\ y )ex.... ,, j / / a r .-\ / t, ) ------..,, r , / 1.,:si,r:, ___,_. ei n... _ Ir S V, rtil , 8- --��� ` mak,LN rr! . 11 , f TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Civil Engineering Technician Resolution No. (R)99-33 SUBJECT: Request from Alvaro Alvarez of the United States Postal Service for a waiver from a provision of the Oro Valley Town Code Chapter 11-3-5 Vehicle Weight Limitation. SUMMARY: Staff received a request from Mr. Alvarez to allow U. S. Postal Service contract drivers to utilize La Canada Drive between Lambert Lane and Naranja Drive to make deliveries to the new Post Office facility at La Canada Drive and Tangerine Road. Chapter 11-3-5 states that the weight of vehicles on that portion of La Canada Drive be limited to five tons. Currently the drivers must drive an additional four miles to reach the new Post Office. The trucks make six deliveries per day on weekdays and five deliveries on Saturdays. The trucks that are utilized are 40' in length and have a maximum gross weight of 21 tons. Mr. Alvarez states that the trucks have already made deliveries before reaching this portion of their routes, therefore the weight is more likely to be in the neighborhood of 15 to 16 tons. The recent construction on La Canada Drive has resulted in a cross-section adequate to accept trucks of this size. Chapter 11-3-5 of the Code has been left in place as a mechanism to limit commercial vehicles on this section of street. Approval of this waiver would increase the delivery capacity to Post Office customers in Oro Valley and would decrease the time that Oro Valley motorists are exposed to the Postal Service trucks. ATTACHMENTS: Resolution No. (R)99-33 Letter from Alvaro Alvarez, Postmaster, United States Postal Service Tucson Branch FISCAL IMPACT: Negligible RECOMMENDATIONS OF STAFF: Given the circumstances of this request, the Department of Public Works has no objection to the approval of this resolution. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: I move to approve Resolution No. (R)99- 33 or I move to deny Resolution No. (R)99-33 IA) ‘,/ZSL,---- D-:: ent Heir, / I A i Town Mana:er RESOLUTION NO. (R)99-3 3 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING A WAIVER TO THE ORO VALLEY TOWN CODE, CHAPTER 11-3-5, VEHICLE WEIGHT LIMITATIONS. WHEREAS, U.S. Postal Service contract drivers make five to six deliveries to the new Oro Valley Post Office daily; and WHEREAS, current weight restrictions prohibit the trucks from using La Canada Drive; and WHEREAS, presently the trucks must travel an extra four miles per delivery; and WHEREAS, a waiver to the restriction would enhance the delivery capacity to Oro Valley postal customers and decrease total time that the trucks from the Main Processing/Distribution Plant would be in the area; THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That a waiver be granted to the Vehicle Weight Limitation to allow U.S. Postal Service contract drivers to travel La Canada Drive in route to and from the Oro Valley Post Office at La Canada Drive and Tangerine Road. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 17 thday of March , 1999. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Sidles, Town Attorney Date Date a TUCSON CITY753 122.23 Ait 47 4N3& UNITED STATES 4., IPPOSTAL SERVICE FFP co RECEIVED V. TOWN 1W; v:4uLEY s Pr PLIC IC l.'.fl KS pCo February 17, 1999 \\5-i, ')EPARTMENT et) .% -L1*-'-'7a4:,-)7,'7 ---- BILL JANSEN TOWN ENGINEER ORO VALLEY DEPT/PUBLIC WORKS 680 W CALLE CONCORDIA ORO VALLEY AZ 85737-4910 Re: Line of Travel Waiver for USPS/Contract Vehicles Dear Mr Jansen: We respectfully request uest a waiver to Ordinance Chapter 11-3-5 Vehicle Weight q Limitation which would allow: • US Postal Service contract drivers access to La Canada en route to the new Oro Valley Branch located on La Canada/Tangerine. • Currently, the drivers must deviate four (4) miles. • Specifically, authorization for USPS trucks servicing Oro Valley Branch ingress and egress usingthe 1-mile section of La Canada between Lambert and Naranja. I enhance the deliverycapacity to our customers in Oro Valley and Approval would p and decrease the total time the delivery trucks from the Main Processing/Distribution Plant would be in the area. `i4111 lam_. Alvaro A. Alvarez Postmaster AAA:mdr cc: Greg Lehner, CSOM Cretia Thompson, Sta Mgr Deanna Mohr, Logistics 1501 S CHERRYBELL STRAVENUE TUCSON AZ 85726-9998 520/388-5101 FAX: 520/388-5077 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Karen Novak, Interim Parks & Recreation Administrator Donald L. Chatfield, AICP, Community Development Director SUBJECT: Resolution No. (R)99 -34 Authorizing the Town to Enter into a Contract With AAA Landscape for Landscape Maintenance Services for Town Facilities SUMMARY: On Friday, February 12, 1999, bids were opened and read aloud for Landscape Maintenance Services for Town facilities. The base bid included routine upkeep and maintenance of the landscaping in the Oracle Road medians at Greenock South to Linda Vista and at Camino Cortaro to Linda Vista, Pusch Ridge Access Trailhead at Greenock and Oracle Road, Rest Stop at First Avenue and Oracle Road, as well as the grounds around Town Hall and the Police Department. The base bid also included routine mowing and tree trimming work at Dennis Weaver Park. In addition to the base bid, bids for two Add Alternates were received. Add Alternate I was for turf mowing at ,he proposed Canyon Del Oro Riverfront Park (CDO Riverfront Park) site and Add Alternate II was for tree trimming at the propose CDO Riverfront Park site. These bid amounts will be used at such time as the CDO Riverfront Park site is constructed and the Town has assumed these maintenance responsibilities. These bids were obtained at this time because this contract contains a provision to renew for a maximum of two years, providing satisfactory performance by the contractor. Based upon the current CDO Riverfront Park construction schedule, Add Alternates I and II will not be utilized until winter/spring 2000. Bid prices were also received for hourly rates for extra work, if needed. These bid prices allow the Town to quickly respond to unforeseen maintenance tasks, should it be deemed necessary by the Parks & Recreation Administrator. These bid prices are not included in the base bid, and funding of any extra work, including mowing, tree trimming, landscape or irrigation repairs not included in the base bid scope of work would receive approval by the Parks & Recreation Administrator. STAFF RECOMMENDATION: It is the staff's recommendation to award the contract to AAA Landscape for the base bid plus Add Alternate I, Add Alternate II and Extra Work Hours listed in the proposal. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 • FISCAL IMPACT: $50,030.00 (Base Bid Only) $21,450.00 (Add Alternate I & II at appropriate time) SUGGESTED MOTION: I MOVE to approve Resolution No. (R)99-34 authorizing staff to enter into an agreement for Landscape Maintenance Services for Town Facilities with AAA Landscape in the amount of $50,030.00 (base bid) and approving Add Alternates I & II ($21,450.00), and the Extra Work Rates as listed in the attached proposal for any unforeseen work or repairs that might be needed during the contract year. ATTACHMENTS: 1. Resolution No. (R)99- 34 2. Bid Summary t, 0,0 fir- „„..! Community Dev: '. ent Di,-ctor Town Mana:er F:\INDIVID\DLC\COMM DEV\AAA LA.TCC RESOLUTION NO. (R)99-34 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE AAA LANDSCAPE COMPANY FOR LANDSCAPE MAINTENANCE SERVICES WHEREAS, the Town of Oro Valley desires to enter into a Contract with the AAA Landscape Company for landscape maintenance services of Town facilities; and WHEREAS, the contract should include the authorization of Add Alternates I & II, which provide turf mowing and tree trimming at the proposed CDO Riverfront Park site, to be utilized once the Town assumes maintenance responsibilities of the proposed park site; and WHEREAS, the Town Council deems it necessary in the interest of providing for the health, safety and welfare of the citizens of the Town of Oro Valley to enter into this Agreement for Landscaping Services of Town facilities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: 1. That staff is authorized to contract with AAA Landscape Company to provide landscape maintenance services to Town facilities. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 17th day of March, 1999. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney ,..,-, N pz, , ,,, ... , ..-3 L.' H -4; > H 'V n = - 2 = ,.., t..) = N) 0 0 ...., — CD = -'4 .1, CD ; p O O O = p z r N. wor �. 0• c .-t 0.-1 = _. > 5, > 7z) a › 7 � o \ , oo b N N' n =• .. o ►-r o CD O = = CD Z `C = .4 PO Z Uo co 'Pai. = ..., 0 bd g 00 p:, g �..• „Pr* „irri ►-� v, C0. ,.. v, FeD 0 7. o- w O • or ca., N -t CD ... CCD .. $1+ v, � p...-..--_ '" O C/1 < cr ,,_ dA ,,r. g '.1:, cl) r R '4' ›- — 4 ci) — > FD. CD CDu- 0 gni v MI A, b-'' v) - 0 CD CD CD '. Z •-t""' H el q ..< P-c -c tz -. ,, .---t ,c4.- g O Cl)cn ° $ > *i• ^ 'CIZ �. C--" CD - rrl PO .,, C. 0 C Pr Z 5;, > > pp > > > > � P� � � � � p� �. CD 00 Cl. . . �-* '''' to C _ o .� CD opp-4 l D � ►- p CD CD /e 0 ' , to 0.., to ..� co 0 r CZ. rri < ,_.,0> 4 to4..4 0...1 g h'S NhS � oo iA > CD rz C a., t..) O1 `OLu oow � C r � � e'.:pv, 00 owe... 0 :.. 0 0 2 am .AD. ,J ,p ► c, c) Ov, w �,• ..< °'" v� cr. moo, • O0 000 CD ..< °'" o • Crj 000 00 ooc ,-� O � ooo 0 00O 0, ° 1 PI a � o -4 tri o `o '71 ,--3 c > tri � r pr" P-73 4 - C-, s,.,t4 � r „.� 4t1.i 5; - z �• = CD o �• = o • = c o r, C� �- CD �•� Cl. CD �•� ca. � o C� C� b �.,�, v, ..d r.} to .1, «... r 0 s o• � o. p V V. 1:1Q rri CD • CD CD '71 aro oro (To o r). C F.) rrl w .•-. «._. w ,,, � c. CA...) -41. • � . - c Nc,,, w CD• v, 0000 L -.aoou, ,.... oLA •• ov, v, 00 'v, 000 'v, 00 ooc, 000000000H o r 69 CA 0 0 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: 3-17-99 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: Request for permission from Darrel D. Hults, Sr. to sell ice cream from their truck in the streets of Oro Valley SUMMARY: Mr. Hults has requested a business license to sell ice cream from their truck within the Town of Oro Valley. In accordance with Section 8-1-6 of the Oro Valley Town Code, as a condition of approval of their busienss license, they must first receive permission from the Town Council. SUGGESTED MOTION: I move to grant permission to Mr. Darrel Hults Sr. to sell ice cream from their truck in the Town of Oro Valley Or... I move to deny permission to Mr. Darrel Hults Sr. to sell ice cream from their truck in the Town of Oro Valley. ATTACHMENTS: 1. Section 8-1-6 of the Oro Valley Town Code 2. Letter of request from Mr. Darrel Hults Sr. 3. Business License Application 4. Pima County Health Permit I Del), ent Head .11./ OF. Town Mana:er 8-1-4.2 the same manner as provided for the mailing 84-7 Signs to be Observed ofperson,of action or decision and to the It is unlawful for any while chief of police. The decision of the Board conducting the business of peddler, solicitor, of Adjustment on the appeal shall be final or canvasser to enter upon any residential and binding on all parties concerned. premises in the town to ring the doorbell or knock at any building where the owner, 84-5 Peddling Without License occupant or person legally in charge of the g Y cg Prohibited premises has posted inP lain view at the It is unlawful for any person to take part entry to the premises, on or near the in the act of soliciting, peddling, hawking, doorway of the premises, or at the entry to selling or vending of goods, wares, the principal buildingon thepremises a sign merchandise, �� , magazines or services by bearing the words no peddlers", "no entering upon private residential property in solicitors", "no canvassers" or a similar the town without having first obtained a message. license and identification card; without having the town issued identification card in their possession; or failing to exhibit such 8-1-8 Charitable, Religious and identification card when request is made for Educational Organizations; the cardby the owner, occupant or person Exemption legally in charge of the premises. Any A. Any organization,society,association person found guilty of violating this section or corporation desiring to solicit, or have or any other section of this ordinance shall solicited in its name, money, donations . y, of be guilty of committing a class I money or property, or financial assistance of misdemeanor punishable by a fine not to any kind or desiringto sell or distribute exceed any twenty-five hundred dollars item of literature or merchandise for which ($2,500.00) or by imprisonment not to a fee is charged or solicited fromerso s p n , exceed six (6) months or by both such fine other than members of such organization, and imprisonment. Each day that a violation upon the streets, in office or business continues shall be a separate offense. buildings, by house to house canvass, or in public places for a charitable, religious, 8-1-6 Permission Required for SeIIing educational, or similar nonprofit purpose p on Streets or sidewalks shall be exempt from theY a ment of fees as P It is unlawful for any person to erect or provided in section 8-1-2 of this article maintain any booth, stand or counter on any provided there is filed a sworn application in sidewalk in the town for the purpose of writing on a form to be furnished by the barter, sale or trade or keep or maintain town which shall give the following upon the streets or alleys any wagon, cart, information: wheel, vehicle, movable booth or stand for 1. Name andur ose of the cause theP P for purpose of barter or trade without which permit is sought. obtaining permission of the council. 2. Names and addresses of the officers s and directors of the organization. 3. Period during which solicitation is to 8 - 4 February 28, 1999 MiRIETEDTZ ► ,i.', RILE t,•,COMM ODUT azzaw To: Mayor& Council of Oro Valley RbtsAD. 11000 N.La Canada Oro Valley, Arizona 85737 (4 From: Darrel D.Hults Sr. Uncle Dee's Icecream Co. 2071 W.Furreys Lane Tucson,Arizona 85705 Re: Petition to Sell Dear Mayor& Council, Uncle Dee's Icecream Co. has been providing ice-cold beverages and icecream novelties to the many companies who do construction. Recently new growth has moved the construction crews out of the immediate area and into Oro Valley. Many times,while traveling from construction site to construction site, parents who live in the surrounding areas have stopped us, bought icecream, and have asked us to run one of our trucks in their neighborhoods. We continued to service the workers and recently we added a few neighborhoods to our route. We have been well perceived by most everyone in the community and have been asked to come more often. Many people have told us how nice it was to have an icecream truck in their area and how nice, clean, and organized our icecream truck has been. Two weeks ago one of your police officers asked us if we had a license to sell in your town. We did not realize that we needed special permission to sell in Oro Valley. We thought our regular vending license was enough. The police officer was very friendly and proceeded to give information to us about obtaining such a license. The next day, I went and requested a license and paid the usual fees. Last week your licensing division called me and told me that they were unable to grant a license to Uncle Dee's'Icecream Co. at his time because we needed to petition the board and ask permission to service the area. At this time we are requesting that you grant permission to not only sell to the construction crews but also to the families in the growing community of Oro Valley. I realize that it takes time to process our request. I am hoping to hear from you in the near future because until we have an answer from this board we are respectively staying out of the area. However,this not only hurts our business but also the construction crews and neighborhoods that have become accustom to having regular service from Uncle Dee's Icecream Co. I thank you in advance for your speedy answer and patiently await your response. Sincerely, Darrel D.Hults Sr. President and Owner, Uncle Dee's Icecream, Co. 9014Z- °4. ��,^,, Town of Oro Valley Business License Application %,V! >> ` : 11,000 N. La Canada Drive, Oro Valley, AZ 85737 -- t Administrative Offices(520) 297-2591, Fax (520) 297-0428 .moo�1, BUSINESS NAME OWNER NAME 4. -fee) ,g4/"/1 MAILING ADDRESS OWNER ADDRESS ,; ZIP tic I o,✓ ./1 2 -)%5-7a / 1 c--( "/ BUSINESS LOCATION PHONE FAX ) &-e7 SlYe CITY STATE ZIP DRIVER'S LICENSE .r(IC.c 0'zi z gS-7° / PHONE 7 PHONE 2 CONTACT MANAGER CONTACT ADDRESS �g'7 - (S' 7/ Lam'_ ,�� v'vY e BUSINESS DESCRIPTION CONTACT CITY STATE ZIP / C S , ft S'/-S-7° SALES TAX ID STANDARD INDUSTRIAL CODE (SIC) HOME OCCUPATIO <YESffi10) ARE YOU PROPOSING ANY ADDITIONS OR CHANGES TO THE STRUCTURE? IF SO, DESCRIBE: ,/f/0 IT 1S RECOMMENDED THAT THE APPLICANT REVIEW ALL ORO VALLEY ZONING AND BUILDING CODES AND OTHER REGULATIONS THAT MAY AFFECT THE APPLICANT'S BUSINESS. I UNDERSTAND THAT THE ISSUANCE OF A BUSINESS LICENSE BY THE TOWN OF ORO VALLEY DOES NOT NECESSARILY MEAN THAT MY BUSINESS HAS COMPLIED WITH COUNTY, STATE, AND FEDERAL REQUIREMENTS WHICH MAY APPLY TO MY BUSINESS. UNDER PENALTY OF PERJURY, I DECLARE THAT THE INFORMATION ON THIS FORM,TO THE BEST OF MY KNOWLEDGE IS TR ORRECT AND COMPLETE. YOUR SIGMA URE DATE FOR OFFICIAL USE ONLY DATE PAID: /19/19 AMOUNT4B,3_3 CHECK NOntz2L10ENSE# ., .. .. T „. , ., ,. ., . ..,,,,,„ ,,,„„..., ,..., ,,..., c ...1„. . ..... , .. :.,.. : _, „A. ., .. _._ .. _ ... ., . .,,... , .4.., a • - 74.1.E AL Till ii-IEPil -,-,----rTliiiENT te. ________ is....... .,........,.. .__ . . . PERMIT NI :' m' : '1\$', E \ . ...rypvc-v___.67z:: „.i„it 1/ ,„.. .. , ,,..coo. . 4t.. \,4. zo ,_._ .,,...,„.„ _ Non-T_ ______ __ _ ransferable ti1'1r��� '{'-';,t;.iv:;:,\:.__,_: v�/.ti :.4� ,�.tea��-•.tiny i �� • ___ ., �'7 ff •.~• • �'` i:�• �"n 'I itYH .411•Y'r+i+H .•. j.�� \�a�".'�•��1'l�'1�r•�i+".`. 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' ”''mss. ,f,?../N.::.., � -5,..,..,,,,,,,,..,,,..-.,,,...,74%,„;; iit•- �; C'l9.y,, a „.„-,...,;44,, ,,,,,,...„,„„•,..,��•t t,.7,-,,, � i, rt••:_,;••rn.E.,....,,,,,,_n _•,. rpt•,,.,.•,Y�r;♦. .=L Y?.~ / .Y �i.irlY1 } ,C�@4 N � .5w!t j ty�-K `+.'`,fr �� >• � '`�,�✓ �, 'T1.�i4�. ..,.t�n ��.�! ...,`,�:� •��? •i:y -?.....,, _ .,. ,.,,,,_:,7.,,N...,,,,,,, + M.r�r \`�'-,i-,,,,,,,,,,,.,,.;,„ :iIy{�R������y ..-. ..,..,,,...,-,,,,,,,4- ` �'�•ti+-." �l�1'4\'....i'r�S t.���_ y,y r ir... �.. �.,'� -r �� � •L- ti :..��., .�f'.�� .�^ 1,•:'.rr,�� .�,r�•.';�,ti ti.r :ti' .�-•,. �� M �+i''�.�� .r.f f t ��.....,,,.,,,,.„,:,,,,,,,,,„,„,,,,,,,,„.,,„„,,e.„, i TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Civil Engineering Technician Resolution (R)99- 35 SUBJECT: Request from the Beztak Companies, owner of the Golf Villas apartment complex, to allow installation and maintenance of landscaping elements within the La Canada Drive right- of-way. SUMMARY: The owners of the Golf Villas apartment complex wish to add landscaping elements to the right-of-way adjacent to their property to enhance its appearance and give the project a more finished look. The landscaping done with this license agreement shall conform to the approved landscape plan for the area as submitted by Don McGann and Associates. The License Agreement makes it clear that the Golf Villas has the sole responsibility and all liability for injuries and damages caused by the encroachments in the Town right-of-way and also bears the sole cost and expense of all maintenance work done during the period of the License. The License was prepared to be effective for a period of 25 years at which time the applicant would have to reapply to continue occupancy of the right-of-way. The Licensee is required to restore the right-of-way to the pre-license condition in the event that the License is revoked or expires. Resolution No. (R)99- 35 ATTACHMENTS: Signed license agreement, insurance certificate FISCAL IMPACT: None RECOMMENDATIONS OF STAFF: Given the circumstances of this request, the Department of Public Works has no objection to the approval of this resolution. SUGGESTED MOTION: I move to approve Resolution No. (R)99-35 or I move to deny Resolution No. (R)99- 35 14) De .rt t Heb• 111 /r 4 Town Manager RESOLUTION NO. (R)99- 35 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING A LICENSE AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPING ELEMENTS WITHIN THE LA CANADA DRIVE RIGHT-OF-WAY. WHEREAS, the Town of Oro Valley, through the Department of Public Works, is not responsible for the operation and maintenance of landscaping and other private facilities within the public Rights-of-Way; and WHEREAS, the Golf Villas (a.k.a. Canada Verde Apartments) wishes to install landscaping in the public right-of-way; and WHEREAS, no agreement presently exists to clarify the installation and maintenance of said landscaping; and WHEREAS, The Beztak Companies, owners and operators of the Golf Villas, is willing to enter into such an agreement with the Town of Oro Valley; THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the License Agreement granted in the attached document is accepted. 2. That the Mayor is authorized to execute the License Agreement on behalf of the Town of Oro Valley. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 17 tiay of March , 1999. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Sidles, Town Attorney Date Date LICENSE THIS LICENSE made and entered into by and between the Town of Oro Valley, Pima County, Arizona, a Body Politic,hereinafter called the LICENSORS and Canada Verde luxury Developments L.L.C. hereinafter called the LICENSEE. WITNESSETH: THAT WHEREAS, the licensors are the owners of the land hereinafter described, said land having been dedicated as the right of w a y WHEREAS, a portion of said right-of-way is requested to be encroached upon by installing landscaping on said right of way Licensee requests authorization for the encroachments. WHEREAS,the Licensee required from the Licensors to encroach into said right-of-way; NOW, THEREFORE, for and in consideration of the sum of One ($1.00) Dollar and the faithful performance by the Licensee or his heirs and assigns; the Licensors do hereby grant and demise to the Licensee, his heirs and assigns, a permit, license and privilege, for the period of time hereinafter mentioned and subject to the conditions hereinafter contained, to enter in upon the following described land of the Licensors, in Exhibit "A" attached. THIS LICENSE is subject to the following terms and conditions,to-wit: 1. This license is granted for the purpose of landscaping the right of way 2. The Licensee shall only be permitted to use the aforesaid land for the stated purpose. 3. Notwithstanding any other agreement or condition, it is expressly agreed that the license may be revoked by the Licensors upon NINETY (90) DAYS WRITTEN NOTICE to the Licensee. 4. That when said License is revoked, the Licensee will remove the encroachments from said right-of-way, at no expense to the Licensors and to the satisfaction of the Licensors and will restore the right-of-way to the pre-license condition or as may be mutually agreed. 5. That nothing herein contained shall be construed as granting title to the land belonging to the Licensors, or as vesting in the Licensee any right of entry to said land after the termination of this License. 6. This License may be transferred to the Licensee's successors and assigns upon written approval of the Licensors subsequent to written request of the Licensee. This License shall run for a period of 25 years. 7. That the Licensee assumes the responsibility and all liability for any injury or damage to said highway, or to any person while using said highway in a lawful manner caused by or arising out of the exercise of this Permit or License. 8. That all work done shall be at the sole cost and expense of the Licensee. 9. The Licensee shall indemnify, defend and hold harmless the Licensors, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this contract which are attributed to any act or omission of the Licensee, it's agents, employees, or any one acting under its direction, control, or on its behalf, or any act or omission of the Licensors, its officers, departments, employees and agents, whether intention or negligent, in connection with or incident to this license. 10. The Licensee will obtain a $1,000,000.00 public liability insurance policy to cover those encroachments within the Licensors right-of-way. Nothing contained herein shall preclude the requirements of additional insurance coverage in the event the Licensors so require. The Licensee or the Licensees successors shall maintain the said policy throughout the term of this License. This License will become null and void if the insurance lapses. A certificate of insurance will be supplied to the Licensors with the stipulation that the Insurance Company will notify the Licensors in writing, an intent to cancel the liability insurance. This notification shall be required no later than thirty (30) days prior to cancellation and Licensee is required to remove all encroachments at their expense within sixty (60) days of notification. 11. The licensee will abide by all applicable local, state and federal ordinances, statutes, and regulations. 12. Approval of this License is subject to compliance with all conditions and provisions of the approved plans and specifications, which by this reference are incorporated and made a part hereof. 13. Encroachments will be maintained by Licensee and shall not interfere with safe sight distance. Licensee will be responsible for Blue Stake locations of all underground encroachments, including,but not limited to, electric lines and irrigation systems. IN WITNESS WHEREOF,these presents have been: Executed by LICENSE this 2nd day of March , 19 qq LICENSEE: Canada Verde Luxury Developments L.L.C. By: Oakland Management Corp. , Its : Manager BY Maurice J. B znos, President STATE OF A) MICHIGAN )ss COUNTY OF RIM& ) OAKLAND SUBSCRIBED AND SWORN to before me this 2nd day of March , 19 99 . by Maurice J. Be znos who is known to me or has satisfactorily identified himself to be Pres i d e n t of Oakland Management (Position) via Corp. , the manager of Canada Verde Luxury Developments L.L.C. (Company Name) SUSAN K. DOTS ALWOAJ nTARV -OAKLAND COUNTY,MINOTARY PUBLIC COMMON E O1 'r$ MY COMMISSION EXPIRES. 8-15-99 LICENSORS: The Town of Oro Valley By: ATTEST: Mayor Date: Clerk of Town of Oro Valley APPROVED AS TO FORM Town Attorney Ao C s l v e ci: 3/ 4/89 1 :1 4 P M; : 190273046)2Q -,. SGZTAK/IMONOGH,AM HOMtrJ; rove 1 MAP-24-199S 11:1S 602��®�9�Q P.02 T MAHO Y' SOUP r. o...•e r�, ION �.,,,� .•_ v�. . .�4 4 r..• •.• _ • 1CAT IS ISSUE. .A'ST'ER 0 INF•- i THIS C I �A ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE a Raoouc TIM HOLDER.THIS CeRTIfIOATE DOES NOTAMEND,O�.tEXI NO Y c tUt7p IDSA ALTER TME COVERAGE AFFORDED MY School Road - _. . 1��� South �1.� COMPANIES AFFOUDlNC3�:OV��iRA�OE __ _ Asa AZ 83210 -.. A. Z,�lxiiuJtflm Zi�suzytfcr C4• ! Olen NSlson .- coMP+►� INJYtU B •."......... qhs 8sztta Co rnus s, g.t el -- -- Attn: Chvis angquist co y 31731 Northwestar•n Kwy 0250W 4 D ` rar K1115 > 49334-165 � . . • -- s - .- -- .. , ....... �ssc,neo THE;;�sua�u� �AaoV� ME. TH i a�� IC t s OF A�suF�NCE LIVED dE'Lov�!HAVE BEEN RFSFeC T ICfrt THIS TNSS IS TO C�� �?-tl�T Pit POL E TES MA CONEJ TION or RAY CONTRACT OR c�TN.gR DOCUMENT.Wttl+ l'TMSTANR�NG AMY R�04►RlA�NT� a$Y ME PO�.I.;I�s DESCRIBED 1lE�Elhl t���$•IF�'T TO 1111 TI'i!�TERMS. uy0 .1►TEp,NOON - CER Y E TIFk:itTE MAY aE I3SlJEO OR MAY PERTAIN,PIE!!�$ !'� NAVE SEEN K�OJ`��8Y PAD(�L1�1�14S_r ExGLUSMDNS AND CONDtTK3Ns Or sl�N P011Glrs.LIMITS ,-- ....-- DOUCY�.acp�I�t/�►Y;QN U MI T S __. .. trot.N EFFiCT VE I ,�,� Y °ATE crA4vor� �� T�rr+t of Ir1��� G� 'rpt.�GY taut l LAM..-(Nim.. -- �� _ - c �6NR ���t�GpTE i 2�000,000 ►.�,,a�t�,.Y. --- s4 ot�44cTs-Cx�pwrc 31, 04 000 as 4fir, 10!0.1�� rr51S36/0 R AL�JwV INJURY a 1/000,99A___. A t---1X'COMM6RGAL GeNE*V►L uNdit PE -- • 1 o�c�R� I ��o�cu�v�,ce �3 1 000 000 Ms►qacLifi �'� � I 3>0 000 C��1RJsR'S d CCN i 1�AGYaR'3 PRQT'• FM(DAMAGE(f cnI i''1) � XCL incl. 8SCc3L .o ESP d.+�ra person)X per lac a pnM�yN�c�t�INGLE Lih�i $_ - .. w�1 E li*L1 Y ,.,� /►t,TOMO: -- I ANY ALTOp p 'SONO,�IJi1FlY (f %�ASL Ctivi�EO AUTOS „r.. gCNGDULe AUTOS $O'�lY INJL►RY ,s i„,,ED AU'Ov I -- _.. -• NU N.n O ALIT 05 1PROPERf • F,Aot uoiLry i Aux::cm.y-EA AcGt GEN 7 Tt--- oT?iEA THAN�►VTO OXY' ”, Uc;tH�►ccrUE _�; ; ANY ALTO -... •- AGGR6GA"�i I S -_- - jM O C���t)tiN I S. 13 y Lut CORM TCtK�' . � C-MGP SNA, t� l,ll�Al. - - .-' EL EACHA000eNT -�s woFtx.ns comPEN5ATION AND GLIPLCIYE RS LIABILi f Y FOt.L'Y LIMIT E I Pi OIsrA5E T►•+s�P �CPPIEtG'V i 1N-L6 El DISEASE•EA E�wtl. 'i AIWYNERbEXECi}�wF CMIGt:ft'i�� I �EXG`� 1 OTNctt I I L., OSSCR IP __________1_,.. voss..... ..... ..... .MMI . ......,.......................:L ...................... ...... .......,...... ...ammimlimill,--- ...P' 11. 77t1 Cf T‘ONSW CAT10 NalliVe hlt;L p. NOM 19SQ LCaere ese�in,TKA adlt 1� llo� of Ori1:11.1-akyiana Insure. CertificAita Bolder Is nage - f. 0ANcE .L,ATt . .. .. . . ..�L..1 . • .... IIT SPCA,Ott C�Rrr►CAM E�HOLDER SMvut(J ANY OF T 4 4 VI Sr�d-1 T4 oss a c OMPAr''44,11.ewtt TO MA16 j p�AATtor�CAT!ThfMOF: 10 ,.DAYS WRtrIN ryCTIC!'C ECEAY'.FIG t4Ot.0 LFt NAMED 79 TME LOt• c�ppsf V4�p1,IW►PON Oft t..��11' BUT FAILRE 10 IM SUCH NOTICE 9PI U The Town �f Oro ValleyIs won s oa+�E�tst��n,�n��a. _. ("it ' Engr 37 ANY KING UPCN The coA ia1 .. A'I"1'Z`T; H,111 Jansen, � THpIR2CiU RtirR65F�JTATi� / 11040 a 'eaCsnads • rriitLi ' . 85731 ; . . •-.• Oro Valley Olen Nelson " AGORD C a0Rt1Tlat� ACGRD 5r5(` - I OTAL P.02 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: MARCH 17, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: David G. Hook, Water Utility Director SUBJECT: Resolution No. (R) 99-3 6 A Resolution of the Town of Oro Valley, Pima County, Arizona Awarding a Contract Proposal to WestLand Resources, Inc. to Provide Engineering, Design and Project Management Services for capital improvements within Oro Valley Water Improvement District#1. SUMMARY: In the Fall of 1998, the Oro Valley Water Improvement District#1 (OV#1) Task Force provided to Mayor and Council a report regarding the transfer of management of the utility services from the Metropolitan Domestic Water Improvement District (MDWID) to the Town of Oro Valley. Included in the recommendations was the pursuit of certain capital improvements to facilitate the disconnection of the OV#1 system from the MDWID system and its interconnection to the OVWU system. Additionally, the report addressed other capital improvements that would equalize the level of service between OV#1 customers and OVWU customers. Also in late 1998, the Mayor and Council approved a resolution to mutually agree with the MDWID Board of Directors to terminate the existing management agreement and establish 7-1-99 as the transfer target date. The design of the above referenced capital improvements are being pursued in 2 phases. The attached proposal addresses the first phase — those improvements necessary to facilitate the disconnection and interconnection. It is necessary for these improvements to be completed before 7-1-99 for the switchover from MDWID to OVWU to occur. WestLand Resources, Inc. (WestLand) is an engineering firm that has been associated with the Oro Valley Water Utility for the past two years; however, staff from WestLand have performed engineering and consulting services for the private utilities for the past ten years. The services provided by WestLand is classified as Professional Services, therefore, Chapter 3, Section 4- 8 of the Town Code and the Town's Standard Operating Procedure No. 2 may be implemented and a contract awarded to WestLand without going through the public bid process. FISCAL IMPACT: The cost of these first phase design services, including engineering, design and project management, are estimated to total $48,250. Mayor and Council will, in the near future, consider a financing package for the construction of these capital improvements. Any costs of these design services incurred prior to the final approval of that package will be refundable to the OVWU. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 • RECOMMENDATIONS: Staff respectfully recommends award of the contract proposal to WestLand Resources, Inc. in the amount of$48,250. SUGGESTED MOTION: I move to approve Resolution No. (R)99- 36 , A Resolution of the Town of Oro Valley, Pima County, Arizona Awarding a Contract Proposal to WestLand Resources, Inc. to provide engineering, design and project management services for various capital improvements in Oro Valley Water Improvement District#1. Or I move to ATTACHMENTS: 1. Resolution No. (R) 99-36 2. Contract Proposal from WestLand Resources, Inc. w " Water Uitlity Dir- -.or Town Ma .ger RESOLUTION NO. (R) 99-36 A RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA AWARDING A CONTRACT PROPOSAL TO WESTLAND RESOURCES, INC. TO PROVIDE ENGINEERING, DESIGN AND PROJECT MANAGEMENT SERVICES FOR CAPITAL IMPROVEMENTS WITHIN ORO VALLEY WATER IMPROVEMENT DISTRICT #1. WHEREAS, the Arizona Revised Statutes 9-511 allows for the operation of a water utility by the Town of Oro Valley; and WHEREAS, in 1996 the Town Council directed the Town staff to pursue and operate the Town of Oro Valley Water Utility; and WHEREAS, the operation of the water utility necessitates the use of professional consultants; and WHEREAS, the Mayor and Council have directed staff to pursue the transfer of management of the Oro Valley Water Improvement District #1 from the Metropolitan Domestic Water Improvement District to the Town; and WHEREAS, WestLand Resources, Inc. has provided professional consulting services to the water utility in the past; and WHEREAS,the attached agreement is found to be mutually beneficial to both parties; BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the attached Agreement between the Town of Oro Valley and WestLand Resources, Inc. is hereby approved. 2. That the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as are necessary to execute and implement the terms of said agreement. 3. This is the sole agreement between the parties on this matter. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 17th day of March , 1999. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney WestLand Resources, lnc. Engineering and Environmental Consultants March 5, 1999 Mr. David Hook TOWN OF ORO VALLEY WATER UTILITY 1565 E. Rancho Vistoso Boulevard Oro Valley,Arizona 85737 RE: PROPOSAL FOR PROFESSIONAL ENGINEERING DESIGN SERVICES AND SUPPORT FOR IMPLEMENTATION OF THE ALTERNATIVE A IMPROVEMENTS NECESSARY TO TIE THE OV-1 SYSTEM INTO THE EXISTING ORO VALLEY SYSTEM WESTLAND PROPOSAL NO. P362.99 Dear David: Per our coordination with the Metropolitan Water District and your office, WestLand Resources, Inc. (WestLand) is pleased to provide this proposal for professional engineering services necessary to implement the Alternative A improvements required to connect the OV-1 system into the existing Oro Valley Water Utility (OVWU) system. We propose to implement the Alternative A improvements as three individual projects to be put to bid by the Town of Oro Valley. Based on the tight timeframe and nature of the improvements necessary to make these connections, it is our recommendation that these items be implemented as three individual projects. The first project will be re-equipping Water Plant No. 17 of the OV-1 system to connect into the existing Oro Valley system. The second project will consist of three main extensions that will be critical in connecting the OV-1 and Town of Oro Valley system together. The third project will consist of miscellaneous improvements including PRV stations to be added, valves to be closed or modified to make zone breaks within the existing OV-1 system, the abandonment of PRV stations, and the abandonment of two existing wells within the OV-1 system. Our proposal is as follows: PROJECT 1 —RE-EQUIPPING WATER PLANT No. 17 OF THE OV-1 SYSTEM WestLand proposes to visit this site to examine the existing conditions. Per information by the Metropolitan Water District, the existing pumps at Water Plant No. 17 are designed to pump into a slightly higher zone than we are proposing them to operate in with the connection to the OVWU system. Wep ropose to go to the site, evaluate existing conditions, observe maintenance concerns, and provide recommendations to bring the existing to site to Pima County Department of Environmental Quality (PCDEQ) standards. We also propose to provide engineering plans and specifications to install a remote- telemetry unit (RTU) that will be designed to pump into the C-zone of the existing Oro Valley system. Level controls on the existing reservoir at the site, which will control the existing well at the site will be included with this design. We will also install controls for the proposed pumps at the site to pump into the C-zone or the existing system. The existing electrical system will be evaluated and we will provide recommendations to bring the existing panels to minimum standards necessary to pump into the existing Oro Valley system. WestLand proposes to provide pump design and specifications for replacement of the existing pumps to be appropriately sized to pump into the C-zone of the existing system. Engineering drawings will be provided that will encompass all of these items, and provide specifications and bid documents for public bid. This submittal to the PCDEQ to obtain approval to construct the proposed 2343 E. Broadway Blvd., Suite 202 Tucson, AZ 85719 520.206.9585 Fax 520.206.9518 Mr. David Hook March 5, 1999 Page 2 facilities at the site will also be provided. WestLand proposes to provide these services on a time and materials basis with a budget of$11,000. PROJECT 2 — LA CANADA DRIVE 8-INCH "B+" ZONE MAIN EXTENSION, VALLE DEL ORO 8-INCH "C"ZONE MAIN EXTENSION,AND VALLE DEL ORO 8-INCH"D" ZONE MAIN EXTENSION These three main extensions are the critical main extensions to be installed to connect the existing OVWU system to the OV-1 system. The first of these main extensions consists of the La Canada Drive 8-inch "B+" zone main extension which includes approximately 250 lineal feet (if) of 8-inch main extension to be installed within the La Canada Drive right-of-way. This main extension will connect the existing"B+" zone system of the OVWU into the proposed"B+" zone system within the OV-1 service area. The second main extension is the Valle del Oro 8-inch "C" zone main extension. This main extension will consist of approximately 450 if of 8-inch main to be extended within the existing Valle del Oro right- of-way from the existing OVWU system to the OV-1 system. The third main extension will consist of approximately 800 if of 8-inch "D" zone main extension to be installed within the Valle del Oro right-of-way which will connect the OVWU system into the existing OV-1 system. We propose to provide engineering design drawings for the installation of these three mains, which will include bluestaking the existing utilities in the area, picking up surveying culture, and providing specifications and construction documents for the installation of these three water mains. We propose to provide these services for a lump sum fee of$10,750. PROJECT 3 — SYSTEM VERIFICATION, PRV STATION INSTALLATION AND ABANDONMENT, WELL ABANDONMENT,AND CLOSED VALVE VERIFICATION OF BOUNDARIES As a result of our efforts to analyze the existing system and create the zone boundaries in as reliable of a system as possible with minimal improvements, we have identified four different types of improvements that will be necessary for the OV-1 system to operate after connection to the OVWU system. The first of these improvements consists of four PRV stations that will be located within the existing OV-1 system. To assure that the zone boundaries can be kept per the existing OVWU zones, we estimate that seven closed valves will be required within the existing OV-1 system. WestLand proposes to verify the location of these valves, the condition of these valves, and provide recommendations for installation of the new valves that are more reliable than the existing valves which are in older and, in some cases,poor condition at a total seven sites. The next item to be evaluated will be the abandonment of three existing PRV stations located within the OV-1 system. These stations will be evaluated to determine how they can be taken off-line so the OV-1 system can be served off of the proposed zones of the OVWU. In addition, WestLand proposes to provide recommendations to abandon two wells within the existing OV-1 system. Our proposal will be to provide recommendations necessary to remove these wells from C.\MyFiles\Proposals\362 tovwu professional services doc Mr. David Hook March 5, 1999 Page 3 service at these two locations. These services will be provided on a time and materials basis for a budget of$16,500. We appreciate the opportunity to submit this proposal to your office and look forward to continuing our working relationship with the Town. If the scope of services and proposed budget are satisfactory,please so indicate by signing the enclosed contracts. Should you have any questions or require additional information,please don't hesitate to call. Respectfully, WestLand Resources, Inc. /41.4:3-1ri 4r.4--frv)ai. ----- Thomas A. Martinez, P.E. Civil Manager TAM:jc Enclosures: Contract C.\MyFiles\Proposals\362 tovwu professional services doc CONTRACT FOR PROFESSIONAL SERVICES Project: Professional Engineering Design Services and Support for Implementation of Alternative A Improvements This Agreement entered into between WestLand Resources,Inc.(WestLand)and The Town of Oro Valley Water Utility (CLIENT)authorizes WestLand to complete the scope of services outlined in the Scope of Services described below. SCOPE OF SERVICES WestLand proposes to provide this proposal for professional engineering services necessary to implement the Alternative A improvements required to connect the OV-1 system into the existing Oro Valley Water Utility (OVWU)system. We propose to implement the Alternative A improvements as three individual projects to be put to bid by the Town of Oro Valley. Based on the tight timeframe and nature of the improvements necessary to make these connections, it is our recommendation that these items be implemented as three individual projects. The first project will be re-equipping Water Plant No. 17 of the OV-1 system to connect into the existing Oro Valley system. The second project will consist of three main extensions that will be critical in connecting the OV-1 and Town of Oro Valley system together. The third project will consist of miscellaneous improvements including PRV stations to be added,valves to be closed or modified to make zone breaks within the existing OV-1 system, the abandonment of PRV stations, and the abandonment of two existing wells within the OV-1 system. Our proposal is as follows: PROJECT 1 —RE-EQUIPPING WATER PLANT NO. 17 OF THE OV-1 SYSTEM WestLand proposes to visit this site to examine the existing conditions. Per information by the Metropolitan Water District,the existing pumps at Water Plant No. 17 are designed to pump into a slightly higher zone than we are proposing them to operate in with the connection to the OVWU system. We propose to go to the site, evaluate existing conditions, observe maintenance concerns, and provide recommendations to bring the existing to site to Pima County Department of Environmental Quality(PCDEQ)standards. We also propose to provide engineering plans and specifications to install a remote-telemetry unit(RTU)that will be designed to pump into the C-zone of the existing Oro Valley system.Level controls on the existing reservoir at the site, which will control the existing well at the site will be included with this design. We will also install controls for the proposed pumps at the site to pump into the C-zone or the existing system. The existing electrical system will be evaluated and we will provide recommendations to bring the existing panels to minimum standards necessary to pump into the existing Oro Valley system. WestLand proposes to provide pump design and specifications for replacement of the existing pumps to be appropriately sized to pump into the C-zone of the existing system. Engineering drawings will be provided that will encompass all of these items,and provide specifications and bid documents for public bid. This submittal to the PCDEQ to obtain approval to construct the proposed facilities at the site will also be provided. PROJECT 2—LA CANADA DRIVE 8-INCH"B+"ZONE MAIN EXTENSION,VALLE DEL ORO 8-INCH"C"ZONE MAIN EXTENSION,AND VALLE DEL ORO 8-INCH"D"ZONE MAIN EXTENSION These three main extensions are the critical main extensions to be installed to connect the existing OVWU system to the OV-1 system. The first of these main extensions consists of the La Canada Drive 8-inch"B+" zone main extension which includes approximately 250 lineal feet(if)of 8-inch main extension to be installed within the La Canada Drive right-of-way. This main extension will connect the existing"B+"zone system of the OVWU into the proposed"B+"zone system within the OV-1 service area. The second main extension is the Valle del Oro 8-inch"C"zone main extension. This main extension will consist of approximately 450 if of 8-inch main to be extended within the existing Valle del Oro right-of-way from the existing OVWU system to the OV-1 system. The third main extension will consist of approximately 8001f of 8-inch"D"zone main extension to be installed within the Valle del Oro right-of-way which will connect the OVWU system into the existing OV-1 system. C:\MyFiles\Proposals\362 tovwu professional services cont.doc Page 1 of 5 a • We propose to provide engineering design drawings for the installation of these three mains,which will include bluestaking the existing utilities in the area,picking up surveying culture, and providing specifications and construction documents for the installation of these three water mains. • PROJECT 3 — SYSTEM VERIFICATION, PRV STATION INSTALLATION AND ABANDONMENT, WELL ABANDONMENT,AND CLOSED VALVE VERIFICATION OF BOUNDARIES As a result of our efforts to analyze the existing system and create the zone boundaries in as reliable of a system as possible with minimal improvements,we have identified four different types of improvements that will be necessary for the OV-1 system to operate after connection to the OVWU system. The first of these improvements consists of four PRV stations that will be located within the existing OV-1 system. To assure that the zone boundaries can be kept per the existing OVWU zones,we estimate that seven closed valves will be required within the existing OV-1 system. WestLand proposes to verify the location of these valves,the condition of these valves,and provide recommendations for installation of the new valves that are more reliable than the existing valves which are in older and, in some cases,poor condition at a total seven sites. The next item to be evaluated will be the abandonment of three existing PRV stations located within the OV-1 system. These stations will be evaluated to determine how they can be taken off-line so the OV-1 system can be served off of the proposed zones of the OVWU. In addition,WestLand proposes to provide recommendations to abandon two wells within the existing OV-1 system. Our proposal will be to provide recommendations necessary to remove these wells from service at these two locations. II. COSTS WestLand proposes to provide the above-described services as follows: Project 1 services will be on a time and materials basis with a budget of$11,000. Project 2 services will be for a lump sum fee of$10,750. Project 3 services will be provided on a time and materials basis for a budget of$16,500. III. TERMS AND CONDITIONS 1. CLIENT agrees to cooperate in any and every way or manner with WestLand on the services to be performed by WestLand as described above. 2. All sketches,drawings,tracings,computation,survey notes,and other original documents are and shall remain the property of WestLand,and CLIENT subject to the requirements of public agencies. 3. All agreements on WestLand's part are contingent upon and subject to the fact that WestLand shall not be responsible for damages or be in default or deemed to be in default by reason of delays in performance by reason of strikes,lockouts,accidents,acts of God,shortages of materials,unavailability of labor at established area wage rates,delays caused by failure of CLIENT or CLIENT's agents to furnish information or to approve or disapprove work promptly,or due to late or slow or faulty performance by CLIENT,or other contractors or governmental agencies,the performance of whose work is precedent to or concurrent with the performance of WestLand's services hereunder and other unavoidable delays or any causes beyond reasonable control of WestLand. In the case of the happening of any such cause of delay,the time of completion shall be extended accordingly. In the event WestLand's services hereunder are not completed within six(6)months from the date of this Agreement,WestLand reserves the right to adjust its fee for the uncompleted portion of its services to reflect any increases of wages,salaries or benefits to be paid by WestLand to its employees in the performance of this Agreement. WestLand shall complete the Scope of Services in accordance with Exhibit A. C.\MyFiles\Proposals\362 tovwu professional services cont doc Page 2 of 5 t • 4. In the event that any staking is destroyed by an act of God or parties other than WestLand,the cost of restaking shall be paid for by CLIENT. Such cost shall be in addition to the compensation otherwise payable to WestLand hereunder. 5. WestLand makes no representation concerning soil conditions,and has not,unless expressly set forth in the description of the scope of work set forth in this Agreement, undertaken any responsibility to furnish any reports or to secure performance of tests concerning the character of soils or their suitability for construction. In the event that WestLand agrees to secure performance of soil tests,it is agreed that the service shall be for the convenience of the CLIENT,and WestLand's only obligation shall be to coordinate the performance of soil tests and preparation of soil reports for a soil testing lab,which reports and tests shall be for exclusive use of and dissemination to CLIENT. WestLand shall not be responsible for any claims,liabilities or damages which arise or are alleged to arise out of the making or failure to make soil surveys, compaction tests or other subsurface soil tests of any kind or nature. 6. WestLand's responsibility in performing this contract is limited solely to the scope of services to be performed by WestLand as expressly set forth in this contract, and WestLand, its agents and/or employees shall have no liability of any kind to the CLIENT or to any construction contractor or subcontractor or any person having contractual relationships with them for any actions, errors and/or omissions of WestLand, its agents and/or employees which are not within the scope of the services to be performed by WestLand Additional services requested by the CLIENT shall be covered by letter or memorandum and constitute an addendum to the Agreement. 7. CLIENT agrees that the liability of WestLand,its agents and employees,in connection with services hereunder to the CLIENT and to all persons having contractual relationships with them,resulting from any negligent acts, errors and/or omissions of WestLand, it agents and/or employees is limited to the total fees actually paid by the CLIENT to WestLand for services rendered by WestLand hereunder. 8. No conditions or representation altering, detracting from or adding to the terms hereof shall be valid unless printed or written hereon or evidenced in writing by either party to this Agreement and accepted in writing by the other. 9. The CLIENT agrees that, in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including, without limitation, prosecution and of work and the safety of all persons and property and that this requirements shall be made to apply continuously and not be limited to normal working hours. CLIENT further agrees to defend, indemnify and hold WestLand harmless from any and all liability,real or alleged, in connection with the performance of work on the project. 10. CLIENT shall pay the cost of all expenses incurred or to be incurred by WestLand directly or indirectly in connection with the project for: transportation of subsistence incidental thereto: obtaining bids or proposals from contractors; toll telephone calls and telegrams; and all charges to be paid or incurred for fees,permits, bond premiums, title company charges, delivery charges, blueprints and reproduction of reports, drawings, specifications and all other charges and expenses not specifiable itemized in this paragraph, but which are reasonably necessary to the proper completion of the services hereby covered. In the event such reimbursable items are paid directly by WestLand,then CLIENT shall be obligated to reimburse WestLand,therefore,and such charges and expenses shall be invoiced by WestLand to CLIENT at direct cost,plus fifteen percent(15%) for handling. 11. Invoices will be issued monthly,are due and payable upon receipt and are delinquent thirty(30)days after the invoice date. When an invoice becomes delinquent,WestLand may,at its option suspend or stop performance hereunder until such time as all delinquent invoices, together with accrued late charges, attorneys' fees, litigation or collection expenses,whether taxable or not,shall have been paid. If an invoice remains delinquent for a period of thirty(30)days,WestLand may,at its option,terminate this Agreement by giving written notice of its termination to the CLIENT. Termination shall take effect on the date of the notice of termination. In the event of termination under the provisions of this paragraph, WestLand shall be entitled to payment for all C:\MyFiles\Proposals\362 tovwu professional services cont.doc Page 3 of 5 services rendered and costs incurred hereunder to the date of termination and to recovery of all expenses which are attributable to said termination or described in paragraph 18 hereof. 12. CLIENT shall promptly review invoices and reasonably notify WestLand of any objection thereto. 13. If invoices are not paid in full prior to delinquency,CLIENT agrees to pay a late change on the unpaid amount at a monthly rate equivalent to the prime lending rate then being charged by Bank of Arizona,plus four(4) percentage points, said late charge to accrue from the date on which each such invoice becomes delinquent. WestLand reserves the right to increase or reduce the late charge rate by giving written notice to CLIENT. Notice of any such increase or reduction shall become effective thirty (30) days following the date of the notice. All payments received by WestLand shall first be credited to payment of any late charges and then to the principal balance. 14. In the event any term or provision of this agreement is held to be invalid or unenforceable,the validity of the other provisions hereof shall not be affected, and this agreement shall be construed and enforced as if it did not contain the particular term or provision held invalid or unenforceable. 15. In the event of a conflict or dispute as to the interpretation,application or implementation of this agreement, either party shall have the right to submit the conflict or dispute to arbitration in accordance with the Construction Industry Rules of the American Arbitration Association in effect at the time of submission of the dispute. 16. In the event of a change of rule,regulation or policy by any governmental agency or agencies after the date of this agreement,which change alters the plans,specifications and/or field work to be prepared or performed hereunder, any additional office or field work required as a result of such change shall be deemed additional services, shall be payable by CLIENT, and shall be invoiced and paid for as provided herein. 17. Upon written request,each of the parties hereto shall execute and deliver or cause to be executed and delivered such additional instruments and documents as may be necessary and proper to carry out the terms of this agreement. 18. Should litigation be necessary to enforce any term or provision of this agreement, then all litigation and collection expenses,including,without limitation,witness fees,court costs,attorneys'fees and other expenses, whether taxable or not, shall be paid to the prevailing party. 19. This agreement binds WestLand and CLIENT and their successors,assigns and partners. Neither party shall assign,sublet or transfer his interests,rights or obligations in this agreement without the prior written consent of the other party hereto. 20. This agreement shall be construed and enforced in accordance with the laws of the State of Arizona. Any action arising out of this agreement shall be brought in the Superior Court of Arizona, for Pima County. 21. This agreement sets forth the entire agreement of CLIENT and WestLand with respect to the services to be performed hereunder. There are no understandings or agreements except as expressly stated herein. 22. CLIENT may terminate this agreement at any time without cause upon delivery,during normal business hours, of written notice to that effect to the other, in which event this Agreement shall terminate 24 hours after the delivery of such notice. If the CLIENT terminates this Agreement, CLIENT shall pay WestLand for any expenses incurred up to the time of termination. 23. Any waiver at any time by either PARTY of its rights with respect to a default under this Agreement,or with respect to any other matters arising in connection with the Agreement, shall not be deemed a waiver with respect to any subsequent default or other matter. C:\MyFiles\Proposals\362 tovwu professional services cunt Joc Page 4 of 5 w r 24. All notices, requests, demands or other communications required or permitted to be given hereunder to WestLand shall be delivered to WestLand at 2343 E. Broadway Boulevard, Suite 202, Tucson, Arizona. 85719. All notices, requests,demands or other communications required or permitted,to be given hereunder to the CLIENT shall be delivered to the Address set forth below the CLIENTS signature on this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement this day of , 19 CLIENT WestLand Resources,Inc. Signature: Signature: Name: Name: Title: Title: Principal Street Address: City, State,Zip: C\MyFiles\Proposals\362 tovwu professional services cont.doc Page 5 of 5 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: MARCH 17, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: David G. Hook, Water Utility Director SUBJECT: Request for Postponement of Rendering Annual Report SUMMARY: As set forth in the Town of Oro Valley Water Utility Code Article 15-4 Section 5, the Water Utility Commission is to render an annual report on or before March 1St to the Town Council. Major elements in the annual report are the recommendations for an annual and five year capital improvement program, the related budget, and review of the water revenue requirements with recommendations in rate adjustments, if necessary. To assist the Water Utility Commission members in providing a meaningful report with recommendations that are justified and substantiated, the utility has obtained a consultant, Mr. Ron Kozoman, to prepare a Cost of Service Study and Rate Analysis. The data required to complete the analysis was extensive. While compiling the data, staff discovered errors and inconsistencies in the data set. Uncorrected, the data as compiled would have resulted in a flawed analysis. Thus, staff was compelled to regroup and recompile the data set in order to assure the best results possible for the ratepayers. This has resulted in an unanticipated delay in completing the report for submission to Mayor and Council. As with last year's report, the analysis will encompass a five year period that will include projections for personnel, operation and maintenance expenses, debt service requirements and capital expenditures. This comprehensive study will enable staff to assist the Commission in determining what the future financial status must be in order to achieve the operating requirements of the utility. ATTACHMENTS: None. FISCAL IMPACT: None. WATER COMMISSION RECOMMENDATIONS: This matter was considered by the Water Utility Commission at their March 9, 1999 meeting. The Water Utility Commission unanimously voted to request from the Town Council a postponement in the rendering of the annual report to Town Council until the end of April 1999. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 • STAFF RECOMMENDATIONS: Staff concurs with the Water Utility Commission in this request for a postponement in the rendering of the annual report to Town Council until the end of April 1999. SUGGESTED MOTION: I move to approve the request to postpone the rendering of the annual report of the Water Utility Commission until the end of April 1999. Or I move to • A Water Utility I. actor Town M. ager TOWN OF ORO VALLEY OUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Jeff Grant, Human Resources Director SUBJECT: Recommendation of the Town Magistrate Selection Panel result of the expiration of the term of the appointment for the current Town Magistrate, SUMMARY: As the p . keeping with the practice established in 1997, Human Resources advertised for the Frances Lynch; and in p g position in January, 1999 with a closing date of January 25, 1999. applications were received(including one internal application from the incumbent). The Human A total of 23 Resources Director was responsible for screening the resumes using criteria extracted from the existing As a result of the preliminary screening, six candidates (including the incumbent) approved fob description. were selected for interviews based on the combination of their legal,judicial, and management experience. Of the original six candidates invited for interview, one had accepted another position in the interim, and declined to interview. Tnterviewsfor Wednesday, February24, 1999 for the remaining five candidates. On the day of were scheduled .lie interviews, one of the candidates called to decline the interview and to withdraw her application(no reason y given). The committee that consisted of Mayor Loomis, Councilmember LaSala, and Jeff Grant interviewed the four remaining candidates. resourcesprovided the panel with a total of sixteen questions that focused on the candidates' Human experience. Eleven of the questions were used during the course of the interviews. management and p RECOMMENDATION: As a result of the interviews conducted on February 24, 1999, it is recommended by the selection committeeg appointed that George Dunscomb be a ointed as Town Magistrate for the term beginning April 8, 1999. ATTACHMENTS: Proposed Employment Agreement for George Dunscomb. FISCAL IMPACT: Pursuant to the attached employment agreement. SUGGESTED MOTION: I move that we appointGeorge Mr. Geor Dunscomb as Town Magistrate to a two-year term beginning April 8, 1999 pursuant to the terms of the attached Employment Agreement. Jeff Grant, H .n Resources Director TOWN MAGISTRATE EMPLOYMENT AGREEMENT AN EMPLOYMENT AGREEMENT,between the Town of Oro Valley, an Arizona Municipal Corporation(hereinafter Town) and George Dunscomb (hereinafter Magistrate) for Town Magistrate services. g Pursuant to this agreement, Town herewith employs George Dunscomb as Town Magistrate for the To wn of Oro Valley. Magistrate shall be deemed an employee of the Town g pursuant to this agreement, and not an independent contractor. This contract shall commence on continue for a TWO (2) YEAR PERIOD from said date as provided by law, April 8, 1999 and and as set forth by Oro ValleyTown Code Section 5-2-1 as amended. During the Magistrate's Magistrate maybe removed by the Town Council only for cause. This term of office, employment agreement is subject to the following additional terms and conditions. g J 1. Magistrate will fulfill the duties of the Town Magistrate as provided by the State statutes and the Oro ValleyTown Code Ordinances, and as defined by Arizona state law. 2. The Magistrate position is classified as a full-time, exempt employee of the Town and the person hired shall devote such time as is necessary and appropriate to conduct court business and manage the court resources. will assume the responsibilities of g the court system during the 3. MagistrateP period of his/her emto ment. Such responsibilities shall carry with them all powers and duties p y associated with such position. 4. Magistrate rate shall be entitled to travel reimbursement (other than commuting) in accordance with Town Operating Standard O eratin Procedures. Magistrate shall be entitled to provisions of the Oro Valley Town Code,regulations and Personnel Policies and Procedures relating to vacation, paid holidays,s, and sick leave; retirement/pension plan participation; and other fringe Orkin conditions as theynow exist, or as they may be amended for the other benefits and working employees of the Town of Oro Valley, to the extent that they are consistent with the terms of this agreement. I Magistrate addition, Ma istrate shall be entitled to reimbursement by the Town of Oro Valley for the costs associatedacquiring with "tail" liability insurance coverage for the period of this appointment. The reimbursement for"tail coverage"will not exceed $3900. p 5. Magistrate shall also be responsible for compliance with all Town policies, rules and regulations regarding purchasing, moneymanagement and security; hiring, firing, and personnel management; budgetary et and financial constraints; and such other regulations to the extent that these do not conflict with Supreme Court Rules and Arizona case law. TOWN MAGISTRATE EMPLOYMENT AGREEMENT, p. 2 duringthe twoyears of this agreement the sum of 6. Town agrees to pay Magistrate PER ANNUM. Such amount shall be payable SIXTY FIVE THOUSAND DOLLARS ($65,000) the same time and in the same manner as other the Magistrate in installments at salaried and shall be subject to FICA, Social Security and other legally employees on a bi-weekly basis j� full event Magistrate voluntarily chooses to serve less than his/her required withholdings. In the g . for the payshall be pro-rated accordingly. Should Magistrate term, or is terminated cause; minimum o f serve less than the full term of this agreement, s/he shall give a voluntarily decide to two weeks notice unless exempted from this provision by the Town Council. IN WITNESS THEREOF, this agreement has been executed by the parties this day of , 1999. TOWN OF ORO VALLEY, an Arizona Municipal Corporation, By: Paul H. Loomis, Mayor George Dunscomb, Magistrate ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 • TO: HONORABLE MAYOR& COUNCIL FROM: Valerie Feuer, Senior Planner SUBJECT: PUBLIC HEARING ORDINANCE NO. (0)99-07, OV9-98-19 REQUEST TO AMEND THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT, AS IT PERTAINS TO NEIGHBORHOOD 10 PARCEL J: 1) BUILDING HEIGHT; 2) PARKING REQUIREMENTS, LOCATED AT THE NORTHWEST CORNER OF RANCHO VISTOSO BLVD. AND VISTOSO HIGHLANDS DRIVE BACKGROUND: This item was continued from the March 3, 1999 Town Council meeting. At the meeting, the applicant changed the building height request from 38 to 40 feet. He was required to provide a viewshed analysis, which will be shown at the March 17 meeting. Rancho Vistoso is a 7,600 acre master-planned community. It was annexed into the Town of Oro Valley in 1987 and a zoning of P.A.D., Planned Area Development, was approved by the Mayor and Council. Plans for welopment of Neighborhood 11 are now under way with a second golf course, a resort and single family .,sidential housing, of varying densities. This request for a PAD amendment pertains only to Parcel J in Neighborhood 10. SUMMARY: The applicant's request addresses two separate issues: 1. The Rancho Vistoso PAD C-1 Commercial District provides for building height not to exceed 34 feet, three stories. The applicant intends to develop a hotel on the property and requests that the height limit be changed to 40 feet. 2. Parking requirements in the Oro Valley Zoning Code Revised (OVZCR) apply to this project. The applicant requests a reduction from the Town standards by approximately 25%, due to the location and nature of the hotel. GENERAL PLAN COMPLIANCE: Taking the two requests into consideration, Planning Staff notes the following: ,nd Use View protection is an essential aspect of Oro Valley's community design review and project approval. (Policy 1.1E) The location of this site, with six additional feet in height and golf course on two sides, is unlikely to block views of TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 Ine Catalina Mountains from residences. The buildings where the increased height is requested are separated from the residences to the west by the golf course, a distance of about 500 feet. Staff has reviewed a building cross section showing that the differences in grade make the increased height of negligible impact. Commercial uses should seek to locate near new population centers rather than adding intensity to or extending current retail sites. (Policy 1.2G) Use of this site for a hotel will enhance the resort character of this part of Rancho Vistoso. Economic Development Maintain and enhance Oro Valley's residential/resort/recreation character. (Policy 3.1F) Construction of a high quality resort hotel strongly supports this element. Community Design All development proposals should attempt to arrange buildings, massing of buildings, and/or arrangements of lots to preserve views from adjacent properties and streets while providing privacy for residents. (Policy 9.1D) In order to maximize integration of the built environment with the natural environment, and minimize distractions of the built environment, all new development proposals should incorporate means of reducing the apparent size and bulk of buildings. (Policy 9.1 G) The proposed PAD amendment for increased height and reduced parking area both contribute to preserving views and minimizing building bulk. The buildings where the height will be increased will be located at a lower grade than the other buildings, resulting in minimal visual impact. The reduced parking area allows the guest rooms to be designed as four unit casitas, spread out around the site. verall taff finds that the request meets goals and policies of the Town's general plan in that it: 1) would support the resort and business base of the Town; 2) provides view protection by the location of the increased height in a location with minimal visual impact from outside the site; and 3) meets community design goals with the reduced parking by allowing more area for the buildings, minimizing the building bulk. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission held a duly-noticed public hearing on this PAD amendment request on January 5, 1999. After close of the public hearing, the Commissioners voted unanimously to recommend approval with some amendments to Staff's suggested conditions. The motion for recommendation is as follows: Moved, seconded (McCook/Briggs) and carried by a 6-0 vote to recommend approval of OV9-98-19, the request for amendment to the Rancho Vistoso PAD, Neighborhood 10J, as it relates to building height and parking requirements with the conditions listed in Exhibit"A": 1. A viewshed analysis, following the standard adopted for Tangerine Road, must be provided for staff review at least 25 days prior to the Town Council meeting. 2. A site plan must be provided showing the specific location where increased building height is proposed. and that the request for height change be limited to the 7 buildings on the west and the 3 buildings adjacent to the fol area on the west side of the property and to include that the viewshed analysis, following the standard adopted Jr Tangerine Road, must be provided for staff to review at least 15 days prior to the Town Council meeting. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 RECOMMENDATIONS: Planning Staff recommends approval of OV9-98-19, the request to amend the Rancho Vistoso PAD,Neighborhood 10, Parcel J regarding building heights and parking requirements, subject to the conditions in Exhibit"A". SUGGESTED MOTION: I move to approve 0V9-98-19, request to amend the Rancho Vistoso Planned Area Development, as it pertains to Neighborhood 10 Parcel J: 1) building height; 2) parking requirements= subject to the conditions listed in Exhibit "A" as recommended by the Planning and Zoning Commission. OR I move to approve OV9-98-19, request to amend the Rancho Vistoso Planned Area Development, as it pertains to Neighborhood 10 Parcel J: 1) building height; 2) parking requirements, subject to the conditions listed in Exhibit "A" as recommended by the Planning and Zoning Commission, and the following additional conditions: . OR A move to deny OV9-98-19, request to amend the Rancho Vistoso Planned Area Development, as it pertains to Neighborhood 10 Parcel J: 1)building height; 2)parking requirements, finding that: . ATTACHMENTS: 1. Ordinance (0)99-0 7 2. Exhibit "A" 3. Site Plan / ..)-91-- ii ingg: d Zoning Administrator / / 1 ,...:, . ii• i , i ,.! 4,., Co •. , 'ty De ; e pment D rector / / ( I , 4 Town Manager "OV_PZD\PZ 1\OV\OV9\1998\9-98-19\padtc.rpt.doc ORDINANCE NO. (0) 99-07 AN ORDINANCE AMENDING THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT, CHANGING THE POLICIES PERTAINING TO BUILDING HEIGHT AND PARKING REQUIREMENTS IN NEIGHBORHOOD 10 PARCEL J, AS REQUESTED BY OV9-98-19, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Vistoso Partners, the overall developers of the Rancho Vistoso Planned Area Development, have requested an amendment to the Rancho Vistoso Planned Area Development policies, as it pertains to Neighborhood 10 Parcel J, relating to building height and parking requirements; and WHEREAS, an application to amend said Planned Area Development has been filed with the Town by Vistoso Partners; and WHEREAS, Article 10-3 of the Oro Valley Zoning Code Revised provides for the establishment of, and amendments to, a Planned Area Development District; and WHEREAS, the Planning and Zoning Commission has considered said application for amendment to the Planned Area Development, as it pertains to Neighborhood 10 Parcel J, at a duly noticed Public Hearing, in accordance with State Statutes, and has made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has considered the requested Planned Area Development amendment at a Public Hearing and fmds that it to be 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. The Planned Area Development may be amended for Neighborhood 10 Parcel J, as it pertains to building height and parking requirements, in accordance with the attached conditions. SECTION 2. That all ordinances and parts of ordinances in conflict herewith 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 17th day of March, 1999. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney F:\OV\OV9\1998\9-98-2B\PAD.ORD TOWN COUNCIL CONDITIONS OF APPROVAL OV9-98-19 REQUEST TO AMEND THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT AS IT PERTAINS TO NEIGHBORHOOD 10 PARCEL J 1. The request for height change from 34 to 40 feet maximum shall be limited to the 7 buildings on the west and the 3 buildings adjacent to the pool area. 2. The parking area shall be reduced by 25%from the OVZCR requirements. N a ir 4 a ,, \ „,,,,,...„›.. „,.. co ''t • giP-4t .\\, \ 0 2 • S 111 ' i-*,..'''N N i II 11 krf; ! d' : \ „‘, .. "cs ...; A. P I - r-t gigiri.,•.,_. .- •s„ . - ..„..,,,,„„ \ , >,, co ) .. --., .g.1 - ,,_ .. ., ( ilzii, . .,./i , ,,,,-,_,, ,, -• .--__ 4, _,;„ • . . ._.., ,----xt. ....„ s., .,,, E, rfir _ E. ....,„ - . 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"nal/ - 112:47) ''-iiiiiiiii::::ii- ,-„ ......._ cm ii I I . _.-...> 7.-- 1 g3 12 9 2.22 \ ...... . .... _ , ,,.- . ...... ....„ - ,_•. .„.... „, .... . • . __,•....,..., ,i 1 r cg . ...I o in 1...9 TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: March 17th, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: David Marsh, Planner I SUBJECT: Public Hearing - Ordinance NO. (0)99-11 , OV9-99-21, Translational Zoning of the Arizona District Council of the Assemblies of God Property, From Pima County SR to R1- 144,With Church Development Entitlements—Continued from March 3rd BACKGROUND: In August, 1998, pursuant to Section 9-471B of the Arizona Revised Statutes, the Town of Oro Valley Mayor and Council annexed the area known as La Cholla / Tangerine. The Town is required to change, or "translate", the zoning on the annexed properties from Pima County zoning designations to the closest comparable Oro Valley zoning designation. In accordance with State law, the Town must translate the County zoning by May of 1999. This item was continued from the March 3rd, 1999 Town Council meeting. The attached map identifies the location of the parcel of land owned by the Arizona District Council of the Assemblies of God(OV9-99-21 Parcel#219-42-0140). SUMMARY: In accordance with State Statutes, the Town should translate Pima County's SR zoning,which allows single family residential (0.3 Dwelling Units per Acre), to Oro Valley's closest equivalent designation, R1-144, Single Family Residential(also permits 0.3 DUA). There was no pre-annexation agreement negotiated between the property owner and the Town; however, the property owner requested during the annexation process that the Pima County church development entitlements be maintained, and that they be permitted to apply for a Conditional Use Permit to operate Springboard, a temporary shelter for abused, adolescent women. Staff has met with the applicant on this issue, and agree with the applicant's request, with those conditions incorporated into the Ordinance. On February 18`", 1999, Rev. Seale, representing the applicant, met with Staff to express concern over one of the Planning & Zoning Commission's conditions of approval. Condition# 5 limited the disturbance on site to 30 % of the total area, which was placed to meet the intent of the Urban Growth Boundary (UGB) identified in the General Plan. The applicant has requested that this condition be removed, or be modified to permit disturbance of 55 % of the site. The rationale for such a request is outlined in their attached letter. The item was continued from the March 3rd Town Council meeting for further review of this issue. Upon further review, Staff stands by the earlier recommendation of limiting the site to a development envelope of 30% of the site. Such a constraint would meet the intent of the UGB, and is consistent with the conditions placed upon the translational zoning of the Diocese of Arizona property (aka the Church of the Apostles), located immediately adjacent to the east. The applicant would also be able to construct all of Phase I of their project, including the Springboard residence and the gym proposed in Phase II, within the 30% development envelope. Please note that this 30% is based on the total current parcel size prior to the dedication of any future rights-of- way. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 At the March 3`d Town Council meeting, the issue was raised over whether the driveways and parking areas would be included in the 30% development envelope under the Pima County Zoning Code, as opposed to the OVZCR. Staff has researched this issue, and has found that driveways and parking areas are included in the development envelope under the Pima County zoning code, which is in agreement with the OVZCR (see attached Pima County Zoning Code excerpt). GENERAL PLAN CONFORMANCE: Oro Valley has designated this area as acceptable for rural low-density residential uses (R-LDR). The Plan denotes "areas of large lot single family development ...desirable in a rural environment". This is the lowest intensity land use designation category in the General Plan, with density from 0-0.3 dwelling units per acre, and is identified as an "area where there is a desire to retain a rural lifestyle or where protection of the natural environment is necessary". The General Plan also established an Urban Growth Boundary (UGB) along the northern edge of the planning area. The site lies immediately north of the UGB, as shown on the attached map. The General Plan states that: "...any land north of the [urban growth] line should not receive any increase in density or land use intensity over what currently exists...the purpose...was to ensure rural character preservation of the land within the area...it is strongly recommended that the Town Council and other jurisdictions consider and honor the existing resident's wishes to maintain the rural character of the area. Additionally, increasing the intensity of development of this area over the next twenty years will continue the trend toward urban sprawl that the Focus 2020: Oro Valley General Plan is attempting to limit." Consideration might be given to limiting the density to no more than would be permitted by the R-LDR designation, meaning that on the site no more than 30% of the site may be developed. This will meet the intent of the UGB. PUBLIC NOTIFICATION: All property owners within 600' of the site in question have been notified, by mail, of this public hearing. Notice of the translational zoning was also published in a newspaper of general circulation in the Town and the property was posted, all in compliance with State Statutes. At the time of submittal of this report, Staff has received a petition of protest from 32 neighboring property owners protesting the proposed increase of the development envelope from 30% to 55% of the site, and a separate case (a CUP application to be brought forward to Town Council in April). PLANNING & ZONING COMMISSION RECOMMENDATION: On Feburary 2nd, 1999, the Planning & Zoning Commission voted 7-0 to recommend approval of the translational zoning of the Arizona District Council of the Assemblies of God property, with the conditions incorporated into the Ordinance. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 • RECOMMENDATION: Staff recommends approval of the translation of zoning for the Arizona District Council of the Assemblies of God property, from Pima County SR to Oro Valley R1-144 and all applicable development standards of the R1-144 zoning district shall apply thereto, with the conditions incorporated into the Ordinance. Staff stands by its earlier recommendation of a 30%maximum development envelope for this site. SUGGESTED MOTION: I move to approve Ordinance NO. (0)99-11 , Translational Zoning of the Arizona District Council of the Assemblies of God property, from Pima County SR to R1-144, as attached. OR I move to approve Ordinance NO. (0)99-11 , Translational Zoning of the Arizona District Council of the Assemblies of God Property, from Pima County SR to R1-144, as attached, and the following additional conditions: OR T move to deny Ordinance NO. (0)99- 11 , Translational Zoning of the Arizona District Council of the Assemblies of God Property, from Pima County SR to R1-144, as attached, finding that: ATTACHMENTS: 1. Ordinance NO. (0)99-il . 2. Location Map 3. February 18th Letter from Rev. Seale, representing the Arizona District Council of the Assemblies of God. . 4. Pima County Zoning Code excerpt—definition of"Development Envelope" 5. Petition of Protest from surrounding property owners. 6. Reduction of Phased Concept Plan F:\OV\OV9\1999\9-99-21\TZTC2.rpt.doc • C : P1. irirr d Zoning Administrator , A' / , I 4, Co ' 'ty Dev- F., ent Dir:, tor AJ &b.IFIA 4 Town Mana:er ORDINANCE NO. (0)99- 11 AN ORDINANCE TRANSLATING THE ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144, WITH CONDITIONS, ON THE PROPERTY KNOWN AS THE ARIZONA DISTRICT COUNCIL OF THE ASSEMBLY OF GOD PROPERTY, LOCATED WITHIN THE AREA KNOWN AS LA CHOLLA / TANGERINE; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the owners of certain real property known as the Arizona District Council of the Assembly of God Property, located within the area known as La Cholla / Tangerine, has requested that their existing entitlements to develop a church be preserved; and WHEREAS, the Planning and Zoning Commission, has considered said translational zoning with added conditions on these properties at a duly noticed Public Hearing, in accordance with State Statue, and having made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the translational zoning with added conditions at a Public Hearing and finds that it is consistent with the Town's General Plan, Tangerine Corridor Overlay District, and other Town ordinances, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the Arizona District Council of the Assembly of God Property contained within La Cholla / Tangerine be translationally zoned from Pima County SR to Oro Valley R1-144, and that all applicable development standards of the R1-144 zoning district shall apply thereto to said property. SECTION 2. That the permitted use of a Church and accessory buildings in the Pima County SR zoning district be maintained for this property. SECTION 3. That a non-profit, shelter care home as permitted in the Pima County SR zoning district with a Conditional Use Permit (CUP), may be permitted on this site. The applicant shall apply for the CUP under a separate process from a Development Plan. SECTION 4. That this property shall comply with the setback requirements for Oro Valley R1-144 zoning district and the Tangerine Road Overlay District. SECTION 5. That temporary access onto Tangerine Road is granted. SECTION 6. That no building shall exceed 25 feet in height. Steeples, spires, towers, and architectural elements may be permitted up to 34 feet in height. Religious symbols placed atop such structures are not included in the calculation of building height, but are limited to a maximum height of 5 feet. SECTION 7. That no more than 30% of the site may be developed, which will meet the intent of the Urban Growth Boundary, as identified in the Focus 2020 Town of Oro Valley General Plan. SECTION 8. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict; SECTION 9. 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. SECTION 10. Any person found guilty of violating any provision of this code shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not to exceed one thousand dollars or by imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 17th day of March , 1999. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles,Town Attorney , :\- • 0) 4 //' ‘. 1 ., . . ii 4 . ., . • . ; ,,. .. 1 1-7-7-7-7,--- _ , , ; i ., ........ . 0-) N-- T-- . . ...... 1 = . . _.. ,-- i . ,. 0 ; . ,-.\-----„_...,:_ . . i .4., i I , Ct ! 4 ! o,,,,cf.) - • .. 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N CCS o CX i---- a I,0C la ' C O Sao ;•i i... (1) ' '_ ________. L1 O .... . ; CPS s t O .....C10 ...• e-.c J 3 I i CM i CoPPER MOUNTAIN _ .• , • •.•: •. . . - . •.. ASSEMBLY OF GOD February 18, 1999 Town of Oro Valley Community Development Department Planning and Zoning Division 11000 N. La Canada Drive Oro Valley, Arizona 85737 Subject: OV9-99-21 Parcel #219-22-0140 Arizona District Council of the Assemblies of God Property, Translational Zoning from Pima County SR to Oro Valley R1-144 - Urban Growth Boundary Condition Mayor Paul Loomis and Members of the Oro Valley Town Council: On February 2nd, 1999, the Oro Valley Planning and Zoning Commission approved the translational zoning on Parcel #219-42-0140, the Arizona District Council of the Assemblies of God Property, from Pima County SR to Oro Valley R1-144 zoning district with five conditions listed as Exhibit "A". The fifth condition reads, "No more than 30% of the site may be developed, which will meet the intent of the UGB." Unsure of whether this restriction pertained to buildings only or the entire development, we sought clarification. In a letter dated February 9th, 1999, David Marsh, Planner 1, after discussion with Bryant Nodine, P & Z Administrator, interpreted the 30% to be applicable to "all buildings, parking lots, playgrounds, etc.; meaning literally `disturbance of the natural desert'." This interpretation even takes into account the creation of the retention/detention basins which are mandated for our development. This letter of clarification further states that "Before construction of the second phase of development could occur, a General Plan Amendment would have to be approved to move the UGB limits north of the Copper Mountain Assembly of God property." "...(and that) the process to update the General Plan will commence some time towards the middle of next year, and that the movement of the UGB limits northward could be considered during that process." William T. Seale, Pastor P.O. Box 65312 Tucson,AZ 85728-5312 (520) 293-9539 Office (520) 850-2202 Mobile .4 • Page 2 We are truly thankful the Planning and Zoning Commission approved our request to allow that certain Pima County standards relating to the development of a church on site be permitted as part of the translational zoning of our parcel. But the 30% restriction of the Urban Growth Boundary is unnecessarily limiting for the scope of our development. Our first phase development conforms to the 30% restriction, but once all phases are completed we will be at approximately 55%. If we had a larger parcel than 8.82 acres to develop and did not have to reserve 1.45 acres of that for future dedication, we would not have any difficulty meeting the 30% restriction. Nevertheless, we believe that a master plan that leaves 45% of its total acreage natural desert is environmentally sensitive and maintains the rural character of the area. Please bear in mind that the intent of the UGB is to "ensure rural character preservation of the land within the area..." and to limit urban sprawl. Churches are low impact upon a community and the Oro Valley Planning and Zoning Staff has already placed limits upon the heights of our buildings to lessen the visual impact on other properties. In addition, our master plan has natural buffer yards of dense desert vegetation. The frontage land along Tangerine Road alone comprises 1.45 acres! With these facts before us, it is vital that we have a ruling pertaining to the current and future development of our land. It is poor stewardship to invest hundreds of thousands of dollars in a property that may not be able to be developed for the purposes for which it was purchased. Therefore, we, in behalf of the Arizona District Council of the Assemblies of God, Inc. who holds title to this parcel, respectfully request that condition number five on Exhibit "A" be deleted, thereby exempting Parcel #219-22-0140 from the present boundary of the UGB OR modified to read, "No more than 55% of the site may be developed, which will meet the intent of the UGB." Thank you for your thoughtful consideration. Respectfully submitted, 4°° /9 /- Rev. William T. Seale, Pastor , Copper Mountain Assembly of God, on behalf of The Arizona District Council of the Assemblies of God, Inc. 2009 N. 7th Street Phoenix, Arizona 85006 18.81.030 — PIMA COUNTY ZONING CODE — CHAPTER 18 . 81 — GRADING STANDARDS 18.81.030 Definitions. walls and other accessory structures, but excluding A. General usage:The definition and usage of terms individual sewage disposal systems. in this chapter are as contained within this code, 11. Erosion: The wearing away of the ground sur- except that the definition and usage of terms describ- face as a result of the movement of wind, water or ing drainage are as contained within the county ice. Floodplain Management Ordinance. 12. Excavation: The artificial (i.e., mechanical. B. Definitions: For purposes of this chapter only, manual,blasting or other such)means for removal of the following words and terms shall mean: earth material. 1. Access road:A road within one mile of the grad- 13. Final inspection: Field inspection conducted ing side, designated on the approved grading plan, by the county engineer prior to project acceptance or and used,during grading,for the transport of grading release of assurances (if required). equipment, hauling of fill and other equivalent 14. Grade: The vertical location of the ground sur- vehicular traffic to and from the grading site. face. 2. Approval:Written notice by the county engineer 15. Grade, existing: The actual, current around approving the design, progress or completion of surface as of the date of adoption of the ordinance work. codified in this chapter. 3. Approved plan:The most current grading sketch 16. Grade, finished: The final grade conforming to or grading plan which bears the authorized signature the approved grading sketch or plan. of approval of the county engineer. 17. Grade, rough: The stage at which grades sub- 4. Approved testing agency: A facility which is stantially conforms with the approved gradinz sketch PP -equipped to perform and certify the tests required by or plan. this chapter and whose testing operations are con- 18. Grading: The clearing, brushing, trolled and monitored by a civil engineer. excavating, or filling of a site. 5. Borrow: Earth material acquired from an off- 19. Grading permit: An official document issued site location for use in grading a site. by the county engineer authorizing the gradin activ- 6. Brushing: The selective removal of vegetation. ity specified by the grading permit conditions. 7. Building height contour line: A contour eleva- 20. Grading permit conditions: The specifications tion line set at the existing grade elevation, plus the and requirements of the approved grading sketch or maximum building height permitted by site rezoning grading plan. grading statement. soils report C:other conditions or this code and fifty percent of the addi- documents necessary for grading permit approval. tional height added by permitted fill. Refer to Illus- 21. Grubbing:The removal of trees and other large tration 18.81-1 (Section 18.81.110). plants by their roots. 8. Clearing:The substantial removal of•vegetation. 22. Inspector: A person authorized by the county 9. Envelope, building: engineer or building official to perform nspection a. A dwelling unit and all attached roofed struc- on grading work. tures, including carports or patio ramadas; 23. Retaining wall: A wall designed to withstand b. For nonresidential development, the building lateral and hydrostatic pressures and built to keep envelope shall be the main building and all attached earth from sliding,and which is two feet or treater in roofed structures. height from the lowest point of earth at the cunda- 10. Envelope, development: The sum of the areas tion to the top of the wall. of the permit holder's land to be graded, including 24. Revegetation: Placement of living plan: mate- the building envelope,accessory buildings,and areas rial on sites or cut and fill slopes where the natural of related parking, driveways, swimming pools. vegetation has been removed. 18-172.13 (Pima County 1=y8) 'Af"' s:' s s-,r rrsr • Mayor,Vice Mayor and Council Members Oro Valley TA91,1,c,/,—/) (q 11000 N. La Canada Drive Valley, AZ 8 5 7 3 7 Oro , �' ;:i�'.�� .►.�f T� � :- 520-297-2591 Ni MAW L'--ET` Fax 297-0428 AI . C' CCii 3{Ct M- Dear Mayor and Council Members, We are writingto ask that you deny the Assembly of God's proposal for a Springboard Shelter Care Facility in our neighborhood. Our heart goes out to these girls, but we feel their facility would be better off in an area acceptable to the neighborhood. We have canvassed our neighborhood; there are few homes and a lot of vacant land. It is a rural, low-density residential neighborhood that is protected from over development by an Urban Growth Boundary. Due to this boundary line, which is Tangerine Rd., all property north of there is to maintain no more than 30% grading to help maintain the rural character of our neighborhood. The Church& Springboard are requesting to grade 55%, which is a 25% increase. In an 8.82 acre parcel, that is an extra 2 plus acres that will no longer be our beautiful desert. Is it necessary to have a playground and gymnasium as we have these things for our children at the nearby Wilson School? Every single neighbor contacted wanted to sign a petition opposing the additional grading and the shelter care home. Since there are few homes in the neighborhood and some people were not at home,we feel we have collected a large amount of signatures. The petition is attached hereto. David Marsh has informed us that there is no zoning existing in Oro Valley that allows, or addresses a home of this type. Pima County has a category that it fits into, but also requires a conditional use permit and if neighbors in an area of Pima County objected, maybe the shelter care home wouldn't be able to locate there either. It is not that you are taking away any rights they might have had under Pima County, because nothing was automatic there either. Every driveway and parking area is considered in Pima County, as well as Oro Valley, as far as the percent of grading allowed. Just because Oro Valley annexed their property does not mean they should automatically get a zoning, or permit; it just means they can ask for one. They are proposing, based on their drawing submitted to Oro Valley, to place the shelter care facility only 57 (fifty-seven) feet from the Klingler's south boundary line. Moving it closer to Tangerine would not change our feelings and only make it more dangerous and noisy for them that close to the highway. They knew when they purchased the property, or they should have known, that it is not a 10(ten) acre parcel, but a 8.82 acre parcel. That is due to the setback of Tangerine Rd. and also Como Drive(their East boundary). Most of the neighbors in our area have all given land up to easements and have made our homes fit. In towns there are churches on lots that are smaller than an acre. To say that 8.82 acres is too small for a church and they need to grade the extra 25% is -2- �'Y especially unnecessary, es iall if the Springboard Home is not part of the proposed development. In Y p Chapter 6, page 6-1 of OroValley's "Single Family Residential District Regulations," it states, p under "Community residences," (b) Such residence contains no more than 6 residents, or 8 residents, including staff." Springboard proposes a 20 bed facility in our rural, low-density, residential neighborhood. Under "Definitions," Sec.2-101, page 2-8, Oro Valley defines a Community Residence: A dwelling unit shared as primary residence by the disabled, or disabled elderly persons, living together as a single housekeeping unit in which staff provides on-site care, training or support for the residents. Such residence or services provided therein shall be licensed by, certified by , approved by, registered with, funded by or through, or under contract with the State of Arizona. Community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offence, or a residence for a criminal offence, or a residence which provides drug and/or alcohol rehabilitation." The Springboard Home is a rehabilitation home. Please do not set a precedent for changing the General Plan or the Urban Growth Boundary. Please listen to the neighbors who will be most affected by the desecration of our desert and an unwanted shelter care facility. You may contact us at the following: Mr. Tim Bennet 12150 N. Camino Del Fiero Oro Valley, AZ 85742 phone: 797-8501 Larry& Claire Klingler 12151 N. Como Drive Oro Valley, AZ 85742 phone: 742-5510 We sincerely thank you for your time and consideration in this important matter. w '7L-2" Tim Bennet date 3/ /_27 agtbal B C , /c5'7 • Larry gler date Claire Klingler date PETITION - geference: Case No. OV 8-99-2 (Springboard Facility) e of Oro Valleyand nearby of the referenced property are_in favor of: We the undersigned residences neighbors . changing the allowable grading from 30 percent to 55 percent. 2. thero osed Shelter Care Facility which requires a conditional use permit for the referenced property P P Allowingthe increased gradingpercentage is a violation of the Urban Growth Boundary, Although we have compassion for the proposed affected residences of the shelter facility we feel this type of"home" should be P P P located on a more appropriate site, not in a rural residential low density neighborhood. No. Print Name Address City/County ZIP Signature , Date „....---.7, PIMAI 1 t(Al i OP""d irr- I , 1 f.5.7`� /. .‘•_ 20 I I I I • PETITIOIet Reference: Case No. OV 8-99-2 (Springboard Facility) We the undersigned residences of Oro Valley and nearby neighbors of the referenced property are NOT in favor of: 1. changing the allowable grading from 30 percent to 55 percent. 2. the proposed Shelter Care Facility which requires a conditional use permit for the referenced property Allowing the increased grading percentage is a violation of the Urban Growth Boundary, Although we have compassion for the proposed affected residences of the shelter facility we feel this type of"home" should be located on a more appropriate site, not in a rural residential low density neighborhood. 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The current revision of the POST Master Plan is intended to compliment and further refine the goals and policies outlined in Focus 2020 and the original POST Master Plan. Sections of this revised plan are taken directly from these/two documents and elements of the Cultural Assessment are also incorporated. This document is one item of the strategic implementation program of Focus 2020. The purpose of the plan is to provide a framework for the acquisition and development of trail access, open space, and park land within the town. One of the approaches that the Subcommittee took in drafting this Plan was to not recommend specific locations for facilities. Instead, a needs analysis has been included as Action Item #24 to be completed in the first year after adoption of the Plan. This needs analysis would identify recommended facilities (not including their locations) for each sub-region of the Town. Then, per Action Item #3, a plan would be developed to prioritize, acquire, and develop facilities. Thus this Plan serves as a guide for the process of developing recreational facilities and open space areas throughout the Town. This item was continued from the March 3, 1999 Town Council Hearing to include a bibliography and to address definitions, particularly that of open space. Since then, Staff met with Gary Chandler, of the Parks and Recreation Advisory Board, to draft a bibliography and work on the glossary. The Subcommittee recognized the need for a comprehensive and accurate list of references for this Plan and other Parks and Recreation Advisory Board work. The bibliography presented herewith is a rough draft of that list. Not all of the documents were available at the time this report was written and the references are therefore sketchy. The glossary was substantially completed as a part of the Subcommittee's work. However, the Parks and Recreation Advisory Board or the Commission did not review it. Also since the last Town Council hearing, the consultant updated the maps and financial information in the Plan. TOWN OF ORO VALLEY �'OUNCIL COMMUNICATION Page 2 of 3 PARKS AND RECREATION ADVISORY BOARD ACTION AND RECOMMENDATION: The Parks and Recreation Advisory Board on November 19, 1998 moved, seconded (Lancaster/Brosseau) and carried by a 4-0 to forward this item to Planning and Zoning Commission recommending approval of the Draft Plan. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning Commission met considered this item on January 5, 1999 and voted to continue it to provide them more time to review it. A special meeting was scheduled on February 18, 1999 for the Commission to consider the plan. At that meeting they voted (5-0) to recommend approval. After the February 18, 1999 Commission meeting on this item staff edited the plan to address the Commissions concerns. In particular, the goals were made consistent throughout the document and verbiage was added to emphasize the importance of open space connections for wildlife habitat. The Commission reviewed the Plan again on March 2, 1999 and did not have any additional comments or recommendation except to update some of the financial information. .STAFF RECOMMENDATION: The Staff recommends adoption of the Parks, Open Space, and Trails Master Plan, as a supplement to the General Plan and as a guiding document that will work to meet the recreation and open space needs of the Town. Staff recommends that the following three Appendices be completed and presented to the Council within five months of adoption of this Plan: Appendix A—Glossary: This is Action Item#21, which should be corrected to read Appendix A versus D. Appendix B —Sub-Regional Needs Analysis: This is Action Item#24. Appendix C—Bibliography: This needs to be added as Action Item# 25. Though these items are substantially complete, they need to be reviewed by the Parks and Recreation Advisory Board, the Commission, and the Council before being included in the Plan. SUGGESTED MOTIONS: The Council may wish to consider the following motions: I move to adopt Ordinance (0)99-15 , amending Ordinance (0)96-27 to provide a supplement to the Town of Oro Valley General Plan Open Space/Recreation Element - Town of Oro Valley Parks, Open Space, and Trails Master Plan with the addition of a Glossary, Sub-Regional Needs Analysis, and Bibliography as presented in the Staff recommendation. OR I move to adopt Ordinance (0)99- 15 , amending Ordinance (0)96-27 to provide a supplement to the Town of Oro Valley General Plan Open Space/Recreation Element - Town of Oro Valley Parks, Open Space, and Trails TOWN OF ORO VALLEY �'OUNCIL COMMUNICATION Page 3 of 3 • Master Plan, with the addition of a Glossary, Sub-Regional Needs Analysis, and Bibliography as presented in the Staff recommendation, and with the following changes: . OR I move not to adopt the proposed supplement to the Town of Oro Valley General Plan and to deny Ordinance No. (0)99-15 , finding that: . ATTACHMENTS: 1. Ordinance No. (0)99- 15 2. Revised Pages to the Parks, Open Space, and Trails Master Plan. 3. Draft Bibliography 14"4 *42CL‘A* IAX P P . i g and Zoning Administrato 0 i , ' 1 i° 4" 'IP - A #. - , - -, di.' Community De 1•ment I i recto / F i , . 4 Town Mara:-r F:\PROJECTS\PARK&REC\POST98\POST Ordinance to TC.rpt.doc ORDINANCE NO. (0)99-15 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING ORDINANCE (0)96-27 TO PROVIDE A SUPPLEMENT TO THE TOWN OF ORO VALLEY GENERAL PLAN OPEN SPACE/RECREATION ELEMENT - TOWN OF ORO VALLEY PARKS, OPEN SPACE, AND TRAILS MASTER PLAN; FIXING THE EFFECTIVE DATE THEREOF; AND REPEALING ANY OTHER ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the Town of Oro Valley adopted a document known as the "Town of Oro Valley Parks, Open Space, and Trails Master Plan"; and WHEREAS, it has become necessary update said plan to make it more consistent with the General Plan and to include the most recent needs surveys and demographics; and WHEREAS, the Planning and Zoning Commission, having considered the "Town of Oro Valley Parks, Open Space, and Trails Master Plan"; and having held a public hearing on said plan; and having made its recommendations to the Town Council; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Council hereby adopts the "Town of Oro Valley Parks, Open Space, and Trails Master Plan". Three copies of said document are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona. SECTION 2. The effective date of the "Town of Oro Valley Parks, Open Space, and Trails Master Plan" shall be thirty days after the adoption of this ordinance by the Town Council. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of the ordinance or any part of the "Town of Oro Valley Parks, Open Space, and Trails Master Plan" adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. That all ordinances and parts of ordinances in conflict herewith be repealed to the extent of such conflict. ORDINANCE NO. (0)99-15 (continued) ip PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 17th day of March, 1999. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney MU..MIN..NIB..MIN..INN ROI--MIN■.-MB1110..MI..MI Mil lin Eli INM IMO-MIN.. PINAL COUNTY I T I. '-i--71' _I I PIMA COUNTY 1 `T, I�� I 1 I -S I L 1 -1 ri III r ---1 ti I - -, MOUNTAINI W_ 11 .r�_� I /-- _1111 f I--- 1 1 PARK + 1 IV 1 I I "ii v N. _/ - -t t rïl t N t . 1 \ c') [( 4i L.____ki ''- , de , . ____, . I •,,, .„ .1 L,IL, ---c -s - s ,,, 1. ., . r . -1. J 'm i /ie, )1 MOORi O D 1- .0 R 1111 1 II , ' l STATE PARK I— 1 I 1 'T --Rik .AD All �- ' t• 1 l LI IW ,i 1RO1 ! _ 1 g I ,i-i, rt r , -, og*, ' ‘ a q-. I ,'_. i, At N•R 0, J-- - . , 1 •i . 4,. _1- am= ' E 5#1-/ „ \ f MEE \ ' P-t, - M NOS I Y1 !►i � Q-- IN- -- LAMBERT LANE -t,E23 I NI _ -,,, mil/I - 1-- CORONADO C III It : NATIONAL _ °a FOREST 14 I an I ara El r. 1 Miwisrm,o,, •,;:• Alb Imr . 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Mr VA ;ill r-- ' ritii ,j `.-7- ‘ -, / ,_4\ 1).' , ,r1., ,,-, - .-. / EXISTING RESOURCES:TRAILS AND BIKE LANES LEGEND a————a PLANNING BOUNDARY "—- TRAIL PER PIMA COUNTY TRAIL SYSTEM MASTER PLAN (INCLUDES EWISTIN4 PROPOSED DEVELOPED!AND UNDEVELOPED 7PAILS) TOWN OF ORO VALLEY(1998)BOUNDARY or TRAIL IDENTIFICATION TION NUMBER EXIST/NG BIKE LANE ..., NORTH 0 1/2 1 2 MI. 11: ,. TOWN OF ORO VALLEY: PARKS, OPEN SPACE, AND TRAILS PLAN Page 11 NM--OMII--------------INMIM PINAL COUNTY _ ,- ' ,),,, IN 'pir - jrf 1111111N11.: CO i ''-.,_ -.- '--. „. ,, , ,,, „ s,„, , ,\•„,\,,,LI 1 1 :,, , rI ., ) I,N,L, z \__ ,) ., ,,,,. ,A\ -1/4,„_, Hi"111:---1., III ,----- '\‘.- 1 TORTOLITAN._ . •_ , no= .,--..: 1 j `�C `�'{ pIJI ;%� , ..,.,_ .1,,) 1 stii4,\ ,r \--,. , ,..,.. , , MOUNTAI ,...,, ..,,,,...) \k„ , . ;` ,, 1,i, \,_ ' ,I, y) I, . • I -.4.,„,) : \\,-\ . , , ,,, - / .AR ,i . , , , -_ -Ili V )cr �,�, ‘,„ ‘, ,,,,,,i, 1/ . 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IMF , A mop" -le I',,; -- iIWi: : Malling j r r\‘ . gis :1►1► mli . t.reI'o-vM, -__ .i,k.f„i.tpt o i-, ./.., 4r -4...„0„,a,,,,-0 I 1,0mApWfiioiEir i01111r-1111.1 fiiTrLd � r w �� .f/j/......a.i...r..iilii ie.s.i...r...):,/ - ... 1 CNATIONAL4tl 1 �.,; � 1 ,I O baHRi * .� ' • , .......... ............... FOREST /1114 ,-) r”-)---n---- ri iblialaji' .4 Rot Arms &it rri- /400" . # > ', . ....................._..... - riMripiNNIANIrriffiris$ 401F - - , ii..„,...1..., . ash. 4rd 0 iv .. 111kl 0411 1 elli W' r-' wil Piem-ma /IPA al 'ik,4,2T-43 . ',Itl,wki' — \ ----L t 'Jo A —di ".. .alp riw„..4.- _1%0 . 4‘4%;,..._, /jig' t .111 2 FM roa___.._. et / ''LeAthilif-4-a #14 =2;4,a,:,_77 •,- , votiotffrAmit ) _ ,,,,,, -\_1* „..,- i . , ( ,szpwilisr Aims __-_,,,,.„ ,,., ,- , jra 0",, 7,,,, \„. ......,it 4 - . — ...,,, , ,... L., 7 ds. ' ,H , ___.,,,,, ..„mow ,.f '71- Td4 e/ 1. ( --I:rata r EXISTING RESOURCES:NATURAL OPEN SPACE LEGEND ■--••-. PLANNING BOUNDARY L__J NATIONAL FOREST LAND TOWN OF ORO VALLEY(1998)BOUNDARY ( I STATE PARK 408 REGULATED RIPARIAN HABITAT AREAS PER THE TOWN OF ORO VALLEY + COUNTY MOUNTAIN PARK(EXISTING) RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT REGULATED RIPARIAN HABITAT AREAS PER ARTICLE OF THE P/MA COUNTY COUNTY MOUNTAIN PARK(PROPOSED) AND FLOODPLAIN EROSION HAZARD MANAGEMENT ORDINANCE ``• NORTH 0 1/2 1 2 MI. 4� G -f TOWN OF ORO VALLEY: PARKS, OPEN SPACE, AND TRAILS PLAN Page 12 Introduction Growth is occurring and it will continue. The type of growth is the only question that we can still deal with. What is needed is a focus: a goal for the town to pursue while threading its way complex through the environmental and fiscal problems of community growth. That focus should be open space. For our purposes, open space includes a range of areas from p developed urban parks to mountain parks and wilderness areas. OPEN SPACE PARKS CONSTRUCTED WILDERNESS URBAN PARKS AREAS DEVELOPED/FUNCTIONAL - - - OPEN SPACE - - - - " ` - - NATURAL OPEN SPACE - - Vision Statement The following vision statement for this plan supports the Community's focus on parks, open space and trails: .._.. ., ,. . .............,.......^,s,:,s.••,'s: s '.. ` ..:$:....•.:.,.;'s ar's ss y s s :-s,s ssg s a s s ..............r.,,..ss..s.sas.,,... rsr...;s►. ., .8.......ei;.r S s ."6:s,s..... .z..:.. ,.s.. ,s.s. F. so- .� ,.s..s..- ... .. s• ' The Oro Valle Parks Open Space, and Trails system will consist of an system of natural open spaces (including floodplains and environmentally sensitive lands), developed parks, and recreational/cultural facilities interconnected and accessible through a network of trails, paths, and other connectors. The resulting system will respect and preserve the local environment while providing recreational, cultural, and educational opportunities to the residents of Oro Valley x;r --•r _ Goals The following Goals were identified during the creation of this document. They are presented in no particular order. • Goal 1 Parks, open space and trails in Oro Valley will be developed around the concept of p Open Space to serve three widely recognized benefits of open space: • Establishment of a recreational environment. • Maintenance of an attractive community design. • Maintenance of natural processes, or ecosystem health. Town of Oro Valley Parks, Open Space and Trails Master Plan General Plan Amendment: Open Space/Recreation Element Page 3 Existing Conditions The Town began an aggressive park master-planning project in 1997, which included the CDO Riverfront site on east Lambert Lane, and the Naranja Community Center Town Center site on La Canada Drive and Naranja Drive, the Copper Ridge Park site on Naranja Drive adjacent to the Copper Creek subdivision and the West Lambert Lane Park site located on the north side of Lambert Lane 1/4 mile west of La Canada Drive. The master planning process has included a great deal of committee work, planning, and community input. A high level of public participation was evidenced by 2 neighborhood association meetings, 2 community input workshops, and 2 public design review open houses. The Master Plan was formally approved in October 1997. The planning area as represented in the Town's General Plan, is the incorporated town limits of Oro Valley, extending north to the Pinal-Pima County line, south to Orange Grove Road and west to the Thornydale Road alignment (See Planning Area Map, Page 2). The Eastern Pima County Trails System Master Plan was used as the basis for trails identification. The inventory data was used to classify the following recreation amenities and to facilitate placement on a base map: 1) parks and recreation amenities owned and operated by Pima County and/or Oro Valley; 2) recreation facilities owned and operated by public schools; 3) semi-public recreation amenities; 4) trails and key access points; 5) open space within public domain; 6) State land; and 7) Federal land. (See "Existing Resources: Developed Park and School Sites", Page 10. See "Existing Resources: Trails and Bike Lanes", Page 11. See "Existing Resources: Natural Open Space", Page 12). Town of Oro Valley Parks, Open Space and Trails Master Plan General Plan Amendment: Open Space/Recreation Element Page 7 Existing Conditions Map # _ Facility Park Type Acres Uses Ownership 1 Dennis Weaver* Community . 16 2 ramadas Oro Valley 12 picnic tables 1 tot lot 2 Play structures 2 softball fields 2 little league 2 soccer fields 4 handball courts 1 swimming pool 2 CDO Wash Linear Park 4 miles trails Pima County 3 Linda Vista (w. of Shannon) Neighborhood 6 Undeveloped Pima County 4 Overton Special 5 Craft center Pima County Fine arts center 5 Tortolita Mountain Park Open Space 3,056 Undeveloped Pima County 6 Canyon del Oro School 70 1 soccer Amphitheater High School* 1 football School District 2 baseball 1 softball 8 tennis 2 basketball 1 track 7 Cross Middle School School 20 3 softball Amphitheater 1 football School District 1 track 2 basketball 8 Shannon/Naranja High School 80 Undeveloped Amphi S.D. 9 Wilson K-8 School 35 7 basketball Amphitheater 4 baseball School District 1 football 1 ramada 10 Copper Creek Elementary School 15 softball/turf area Amphi S.D. 11 Donaldson Elementary School 10 2 basketball Amphitheater (La Cholla, south of Ina 2 ramadas School District Road) 8 play structures 2 baseball 1 soccer * Has lighted fields at this time. Town of Oro Valley Parks, Open Space and Trails Master Plan General Plan Amendment: Open Space/Recreation Element Page 8 Existing Conditions Map # Facility _ Park Type Acres Uses Ownership 12 Coronado K-8 School 35 4 basketball Amphitheater (North Oracle Road and 5 play structures School District Wild Road) 2 ramadas 2 softball 4 baseball 13 Hare!son Elementary School 10 2 soccer Amphitheater 1 baseball School District 1 play structure 14 Mesa Verde Elementary School 10 2 baseball Amphitheater 5 play structures School District 3 basketball 15 Richardson Park Neighborhood 6 1 baseball Pima County (next to Richardson School) 1 ramada 1 play structure 2 restrooms 16 Richardson Elementary School 6 1 soccer Flowing Wells (Camino De La Tierra,north 1 baseball School District of Orange Grove) 2 ramadas 2 basketball 17 Catalina State Park Open Space 11 miles trails Arizona State 50 picnic tables Parks 48 RV camp spots 18 CDO Riverfront Park Community 30 Undeveloped Oro Valley 19 Copper Creek Ridge Park Community 40 Undeveloped Oro Valley 20 West Lambert Lane Park Community 40 Undeveloped Oro Valley 21 Naranja Community Center Community 7 Undeveloped Oro Valley Center 22 Coronado National Forest Open Space 20 Miles Trails U.S. Forest Service NOTES: 1. Immaculate Heart was removed because it is a private school(not Amphi)and is not accessible to the public. 2. Orange Grove and Manzanita Schools were removed because they are in Catalina Foothills School District; the Town has no IGA with the District,and is outside of the planning area. Town of Oro Valley Parks, Open Space and Trails Master Plan General Plan Amendment: Open Space/Recreation Element Page 9 Issues • Recent Land Purchases: In 1996, the Town acquired four properties in Oro Valley as sites for park development. These acquisitions were in accordance with recommendations included in the 1994 Oro Valley Parks, Open Space, and Trails Master Plan. The sites include 40 acreslocatednorth of Lambert Lane and west of La Canada Drive, 8 acres located east of La Canada Drive and north of the Town Hall Complex, 39 acres east of Copper Spring Trail in the Copper Creek Subdivision, and 23 acres located south of Lambert Lane between La Canada Drive and First Avenue. To finance the acquisition of these properties, the Town issued$5 million in Certificates of Participation to make the purchases possible all at once so as to limit the effects of rising real estate prices in the area. The Town of Oro Valley is also attempting to purchase a parcel of Arizona State Trust Land which extends from Naranja Drive to Tangerine Road, between La Canada Drive and First Avenue. This site had previously been leased by the State Land Department to a commercial interest and it was used as the site for a hot-mix asphalt paving material plant. The previous lease has expired and the Town of Oro Valley is actively working with the State Land Department to bring this property to public auction. The Town will attempt to purchase this property as a future park site. • Planning Efforts: The Town recently completed an aggressive park master planning project for each of the four properties that were purchased including the CDO Riverfront site on east Lambert Lane. Because it has very little topography and is in close proximity to the CDO Wash, the CDO Riverfront Park site has been identified as the ideal location for immediate development. The master planning process for this site was an extensive one that included a great deal of committee work, planning, and community input. The level of public participation was also very high in the neighborhood association meetings, community input workshops, and public design review open houses held prior to the Town Council meeting of October 1, 1997, when the site master plan was formally approved. The approved master plan for this site is now the culmination of all of those efforts and has reached a point where the Town has secured the services of a landscape architect so that the development process may begin. Town of Oro Valley Parks, Open Space and Trails Master Plan General Plan Amendment: Open Space/Recreation Element Page 23 Issues • Pima County Bond Election: In May of 1997, the voters of Pima County approved'a proposed bond program to finance park development and other municipal improvements. Included within this bond program is $256 million for park development in unincorporated Pima County and in other local jurisdictions including Oro Valley. One of the projects to be funded in Oro Valley is the Canada del Oro Riverfront Park. Bond proceeds totaling $1.25 million will be matched with local Oro Valley funding to finance the development of this park. An additional project that will be funded by the Pima County bond program is the Canada del Oro Linear Park. The linear park will extend from the confluence of the Canada del Oro Wash and the Santa Cruz River to Catalina Park. A significant portion of the linear park will be within the Town of Oro Valley. Specific dates for the development of the linear park have not been established. Town of Oro Valley Parks, Open Space and Trails Master Plan General Plan Amendment: Open Space/Recreation Element Page 24 APPENDIX C DRAFT POST MASTER PLAN BIBLIOGRAPHY Town of Oro Valley Trail System Master Plan(1993) Summary Report, Town of Oro Valley Riparian Habitat Classification and Mapping Project Town of Oro Valley Capital Improvement Plan(latest version) POST Plan- Original (1994) Includes: Interest Group Interviews Recreation Survey - Oro Valley Meet Yourself Western Cities Survey Developers Roundtable Meeting Summary Honey Bee Management Plan(1994) Includes: Public Workshop/Questionnaire Survey OV Community Center Master Plan(1997) Includes: Parks and Recreation Regulations Concession Policy Public Meetings Cultural Assessment (1994) Focus 2020 (1996) Includes: Future Search Public Participation Process Resident Telephone Survey CDO Riverfront Park Master Plan (1997) Includes: Regulations and Policies Park Operation/Use Parks and Recreation Regulations Concession Policy Public Meetings CDO Riverfront Park Site Analysis Copper Creek Ridge Park Master Plan(1997) Includes: Same as CDO Copper Creek Ridge Park Site Analysis West Lambert Lane Park Master Plan (1997) Includes: Same as CDO Eastern Pima County Trails System Master Plan APPENDIX C DRAFT POST MASTER PLAN BIBLIOGRAPHY (Continued) Bicycle Task Force Document (when available) Bike Trails and Plans (various documents from Oro Valley; Pima; Tucson) Tucson Parks and Recreation Master Plan Future Search 1997 Bonds Election Survey Tortolita Mountain Park master Plan Environmentally Sensitive Land Ordinance (Phase I report) Arizona Preserve Initiative Pima County Linear Park System Pima County Sonoran Desert Protection Plan Pima County Critical and Sensitive Habitats Inventory Reference List of State and Federal Regulations Related to Habitat, Endangered Species, Etc. Reference List of Policies Related to Parks Resolution No. (R)97-46. (Pertaining to Archaeological and Cultural Resources) Resolution No. (0)97-21. (Pertaining to Archaeological and Cultural Resources) Resolution To provide funding for public arts projects in Commercial and Employment Projects. Resolution No. (R)97-49. (Pertaining to Avian, Other Wildlife, and Natural Habitat Policies and Implementation Plan.) Reference List of Zoning Code Sections related to Recreation Areas and Open Space POST Master Plan Update, Summary of Public Input from 11/12/98 Public Meeting 1995 Special Census TOWN OF ORO VALLEY 6 COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Dennis Silva, Jr., Planner I SUBJECT: PUBLIC HEARING ORDINANCE (0)99-16OV9-99-01,VILLAGES OF LA CANADA PLANNED AREA DEVELOPMENT(PAD)AMENDMENT BACKGROUND: The Town of Oro Valley annexed the 202-acre property now known as the Villages of La Canada in 1984. After annexation, the Town rezoned the property from R1-36 (one house per 36,000 square feet) to a PAD, restricted to 600 zero lot line and single family detached homes and 200 apartments. The apartment units were to be located in Block A as shown in the attachment. In 1986,the Town Council approved an amendment to the Villages of La Canada PAD, which changed the lot configuration for the single-family area of the PAD and reduced the number of lots from 600 to 500. Correspondingly, the number of permitted apartment units increased from 200 to 300. In late 1992, the property owner sought to amend the PAD relative to the apartment site to relocate some designated open space from the south of the site to the north, among other things. On March 3, 1993, the PAD amendment affecting the apartment site was approved with a list of conditions, one of which reduced the number of apartments permitted from 300 to 270. .n 1994,the new property owner, Jeffrey Bohm, submitted a preliminary plat for the 18 acre apartment site which, had it been approved,would have resulted in 71 single family detached units on the property. The plat, however, never made it to its first public meeting before being dropped by Mr. Bohm. Therefore, the status of the apartment site remains as it was zoned in 1993. On June 14, 1994, a Grading Waiver for Block A was approved by the Town Council with four conditions. This grading waiver is still active for this site, and the grading waiver report is attached. PETITIONER'S STATED REASON FOR THE REQUEST: Kaufman Broad, the developer, requests to "down zone" this parcel to allow for development of 80 single family homes on lots of approximately 7,200 square feet. Even though this proposal represents a dramatic reduction in density—from 270 to 80 units—it is necessary to amend the adopted PAD to allow for single family development rather than apartments, as the Town zoning code is not cumulative and does not permit less intense development in areas designated for higher intensity uses. SURROUNDING LAND USES/GENERAL CHARACTER: East: PAD zoning;medium density residential,developed West: R1-36 zoning; low density residential, developed South: PAD zoning;medium density residential,developed North: PAD zoning;Neighborhood Commercial,vacant land PREVIOUS REZONING CASES ON PROPERTY: 'he background section of this report summarizes the previous rezoning cases relating to this property. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 GENERAL PLAN COMPLIANCE: Staff has evaluated this request for PAD amendment against the goals and policies of the Town's adopted General Plan. We note the following: A. Land Use Map The Land Use Map identifies the subject parcel and surrounding area as medium and low density residential and neighborhood commercial. The proposed PAD amendment will conform to these land use designations. The proposal meets the Medium-Density Residential(MDR)policy stated that this density be located with proximity to schools and shopping. B. Elements Land Use The down zoning of Block A in the Villages of La Canada will be more consistent with the character description for Sector 3: Canada Hills/Lambert Lane,which features a mix of residential densities from low to medium-high. C. Overall The proposal is in conformance with the General Plan. STAFF ANALYSIS AND DISCUSSION: The medium density residential project proposed is compatible with other residential developments nearby. The Tentative Development Plan(TDP) is presented on a topographic base map in the attachment. It illustrates 80 single-family residential lots designed with a similar lot size as the adjacent existing Villages of La Canada. The proposed plan will be accessed from Congressional Way and consists of a 55' buffer area along the western boundary. A 32' drainageway and a 16' maintenance easement is located along the northern boundary of the development. The 16' maintenance easement also runs along the eastern property boundary of this development. A recreation area is proposed at the southwest corner of the proposed development,which will serve the new and existing residents at the Villages of La Canada. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission approved this PAD Amendment by a 6—0 vote on March 2, 1999. RECOMMENDATION: Staff recommends approval of the proposed amendment to Villages of La Canada PAD, Block A along with the condition attached as Exhibit"A". SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve OV9-99-1,the Villages of La Canada PAD Amendment, Block A,to medium density residential(MDR), subject to the condition in Exhibit"A"attached herewith. OR TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 I move to approve OV9-99-1,the Villages of La Canada PAD Amendment,Block A,to medium density residential (MDR), subject to the condition in Exhibit"A"attached herewith and the following added conditions: OR I move to deny OV9-99-1, the Villages of La Canada PAD Amendment, Block A, to medium density residential (MDR), finding that: ATTACHMENTS: 1. Ordinance(0)9916 2. Exhibit"A"—Condition for Approval 3. Reduced Copy of the Tentative Development Plan 4. Reduced Copy of the Preliminary Grading Plan 5. Copy of the Grading Waiver 6. Letter of Approval of PAD Amendment Requested by Applicant 94 aril.:_, P i '• . .44 Zoning Administrator • it, 1 i .. Jr, Commu 'ty Devel•• ►en D ire, or I , 44 Town anager F:\ov\ovi2\1998\12-98-20\DPTC.RPT ORDINANCE NO. 99-16 AN ORDINANCE AMENDING THE VILLAGES OF LA CANADA BLOCK A PLANNED AREA DEVELOPMENT. WHEREAS, Kaufman and Broad, the developers of the Villages of La Canada Planned Area Development, have requested an amendment to Block A as it pertains to the zoning of this parcel from multi-family residential to single-family residential; and WHEREAS, an application to amend said Planned Area Development has been filed with the Town by Kaufman and Broad; and WHEREAS, Article 10-3 of the Oro Valley Zoning Code Revised provides for the establishment of, and amendments to, a Planned Area Development District; and WHEREAS, the Planning and Zoning Commission has considered said application for amendment to the Planned Area Development, as it pertains to Block A, at a duly noticed Public Hearing, in accordance with State Statutes, and has made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has considered the requested Planned Area Development amendment at a Public Hearing and finds that it to be 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. The Planned Area Development Document may be amended for Block A changing the designation of the parcel from high density residential to medium density residential to allow for development of 80 single family homes on lots of approximately 7,200 square feet. The condition in the attached Exhibit"A" shall apply. 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. ORDINANCE NO. 99-16(Continued) 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 17th day of March, 1999. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier,Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney F:\ov\ov9\1999\9-99-1\ORDINANCE.doc EXHIBIT "A" CONDITION FOR APPROVAL OV 9-99-1 VILLAGES OF LA CANADA PAD AMENDMENT BLOCK A 1. The above referenced property may be developed as single-family residential homes. If the final plat shall not have been approved by the Town of Oro Valley (including the expiration of all administrative or other appeal) within 210 days after the approval date of the PAD amendment, the single-family land use entitlement shall automatically revert back to the former apartment use entitlement. l'''. LEY - O 0 O N FF TOWN OF ORO VALLEY � r COMMUNITY DEVELOPMENT DEPARTMENT z .. -,. .� y - ' • Building Safety • Parks and Recreation b, � � • Planning and Zoning • Transit Services P� fi ' 41 UN D Eo March 5, 1999 Mr. Harold M. Cole C/o Tracy Nuckolls, Esq. 1517 N. Wilmot Road, Suite 322 Tucson, AZ 85712 Kaufman and Broad of Arizona, Inc. 5780 N. Swan Road, Suite 100 Tucson, AZ 85718 Attention: Land Department Re: Block A of the Villages of La Canada, Oro Valley, Arizona Approximately 18.1 Acres Town of Oro Valley Case No. OV9-99-1 Dear Mr. Cole: At your request, this letter is written to confirm that the Town of Oro Valley's approval of the amendment to the PAD affecting the above-referenced property by action of the Town Council on March 17, 1999 ("Approval Date"), provides, among other things, that (1) the above-referenced property may be developed as single-family residential homes ("Single-Family Land Use Entitlement"), and (2) if the final plat shall not have been approved by the Town of Oro Valley (including the expiration of all administrative or other appeal) within 210 days after the Approval Date, the Single-Family Land Use Entitlement automatically shall revert back to the former apartment use entitlement rights ("Reversion"). The obligation of the Town of Oro Valley to implement the Reversion upon the satisfaction of the foregoing conditions shall be specifically enforceable against the Town of Oro Valley by either of you or your assignees. The Town of Oro Valley represents and warrants that this letter agreement is intended to be binding upon the Town of Oro Valley, and that the persons signing this letter agreement below have full authority to do so and that this letter agreement is entered into in full compliance with the charter and other organizational documents of the Town of Oro Valley. Sincerely, Paul H. Loomis, Mayor Approved: Tobin Sidles, Town Attorney Cc: David McEvoy, Esq. 2701 E. Speedway Blvd., Suite 101 Tucson, AZ 85716 F:\OV\OV9\1999\9-99-1\approval.ltr 2 ORO VALLEY PLANNING & ZONING DEPARTMENT DEVELOPMENT REVIEW BOARD MEETING DATE: June 14, 1994 TO: Development Review Board FROM: Don Chatfield, Planner II SUBJECT: OV13-94-15, Villages of La Canada, Block A, Grading Waiver BACKGROUND: This property has recently been rezoned from multiple family residential uses to single family residential uses within the Villages of La Canada Planned Area Development. During the rezoning process, the applicant proposed removing two large hillsides to accommodate the single family lots. Planning staff opposed such extreme disregard for significant hillsides, based on the policies of the General Plan and the provisions of the Town's Hillside Development Zone. Significant support for the rezoning was expressed by neighboring residents, including support for alteration of the hillsides. In light of strong public support for rezoning this property, both the Planning and Zoning Commission and the Mayor and Council approved the rezoning request. Both the Commission and the Council were made aware that significant grading of the hillsides would be required to accommodate the rezoning request. Staff has reviewed this request for a grading waiver and finds it to be consistent with the tentative development plan that was approved at the rezoning stage. Staff has further reviewed the conditions required to grant a grading waiver and finds this request to satisfy the necessary findings. Recommendation Planning staff recommends approval of the grading waiver, subject to the following conditions: 1. All cut slopes shall be benched every eight(8) feet,providing a three (3) foot bench. 2. All cut slopes shall be undulating to match the natural terrain. 3. Slopes shall not exceed 3:1, nor shall slopes require jute mat, grouted riprap, or mechanical means to hold the slope in place. 4. 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I t D D TI n `�'� `$ 1 I 11! 11 UO�D r>r� + 2x66.0 i ( I I 1 D �,EZcnz p D a D D Dp Z N o N 0o n• -�D 0 Aw a o 'Ti zo�"7 �,4 D G c0fN DzcOn D > N > ;.-j N; O R. cii co a. ...N.-3,,TCy F!.M•,t3P-?.7,, 1-1l-99 ..'16^^EST TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Valerie Feuer, Senior Planner SUBJECT: PUBLIC HEARING ORDINANCE (0)99- 17 , OV9-98-2A AMENDING THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT FOR NEIGHBORHOOD 11, REALIGNMENT OF THE EQUESTRIAN/HIKING TRAIL BACKGROUND: Rancho Vistoso is a 7,600 acre master-planned community. It was annexed into the Town of Oro Valley in 1987, and zoning of P.A.D., Planned Area Development, was approved by the Mayor and Council. Plans for development of Neighborhood 11 are now under way with a second golf course, a resort and single family residential housing, of varying densities. The applicant requested amendments to the Rancho Vistoso PAD on May 6, 1998, regarding nine separate issues. The two unresolved issues now include realignment of equestrian/hiking trail and revision of non-buildable areas. This PAD amendment addresses only the equestrian/hiking trail requirements. As part of the May 6, 1998 motion on the PAD Amendment, the Council stipulated that the issue of the equestrian/hiking trail requirements would be referred directly back to the Council. SUMMARY: In the May 1998 PAD Amendment, the applicant had proposed that the Pima County trail along the westernmost wash be constructed outside of Neighborhood 11. In addition, the applicant had proposed to relocate the PAD trail at the western edge of Neighborhood 11 outside of Stone Canyon. The proposed amendment addresses both of these public trails, as well as a private trail for Stone Canyon residents only. Tortolita Mountain Park Access Trail (Public) The trail on the approved PAD map goes north to south through the westernmost wash of the northern part of Neighborhood 11. The southern point of the proposed trail begins outside the far western edge of Neighborhood 11, which is also outside Town of Oro Valley limits. The trail crosses the northwestern corner of Neighborhood 11, then goes north outside the PAD and Town. Following the topography, the trail re-enters the PAD, going generally northeast, exiting the PAD and Town about halfway into the far northern part of Neighborhood 11. The part of the trail in the PAD lies entirely within the approved no build area of the PAD. This proposed alignment was developed in the field by the applicant in cooperation with Planning Staff and Pima County Parks Department Staff and is consistent with the Pima County Trails Plan and Town Parks, Open Space and Trails Plan. Pima County has verbally indicated approval of the trail location, but staff has TOWN OF ORO VALLEY COUNCIL C 01VIMUNICATION • Page 2 of 3 not yet received any written confirmation. Rancho Vistoso Pedestrian Trail (Public) The pedestrian trail on the approved PAD map for Neighborhood 11 is a continuation of the Neighborhood 10 trail through the open space wash area near the western edge of the PAD. The proposed trail loops back in the northern part of Neighborhood 10 and does not enter Neighborhood 11. Stone Canyon Pedestrian Trail (Private) This proposed trail would replace the approved PAD trail in Neighborhood 11, as outlined above. It generally follows Tortolita Mountain Drive as it enters Stone Canyon from Vistoso Highlands Drive, then follows the road west and loops back around the Stone Canyon Golf Course, exiting the PAD at the eastern edge of Neighborhood 11. GENERAL PLAN COMPLIANCE: Parks, Open Space and Recreation Element The proposed trail alignment addresses Policy 6.1A, "Plan for the connection of open space, natural areas, parks, trails, bike paths, and recreation areas to minimize conflicts with the environment" and Policy 6.1E, "Trails shall ultimately connect to public preserves and the regional trail network per the Eastern Pima County Trails System Master Plan, where possible." RECOMMENDATION: The applicant has worked with Oro Valley and Pima County Staff in developing the trail alignments. The proposed trail system is significantly more extensive than the two approved trails. Planning Staff finds that the proposed trail system meets the requirements and recommends approval of this PAD amendment for realignment of the Tortolita Mountain Park trail (public) and Stone Canyon Pedestrian Trail (private), with the conditions listed in Exhibit "A". SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Ordinance No. (0)99-17 , 0V9-98-2A, a PAD amendment request for Neighborhood 11, Rancho Vistoso, Realignment of the Equestrian/Hiking Trail, with those conditions listed in Exhibit "A" attached herewith. OR I move to approve Ordinance No. (0)99-17 , OV9-98-2A, a PAD amendment request for Neighborhood 11, Rancho Vistoso, Realignment of the Equestrian/Hiking Trail, with those conditions listed in Exhibit "A" attached herewith and the following added conditions: OR TOWN OF ORO VALLEY • COUNCIL COMMUNICATION Page 3 of 3 I move to deny Ordinance No. (0)99-17 , 0V9-98-2A, the Neighborhood 11, Rancho Vistoso PAD Amendment, Realignment of the Equestrian/Hiking Trail, finding that: ATTACHMENTS: 1. Ordinance No. (0)99-17 2. Exhibit "A" - Planning Staff Conditions 3. Location map c‘ikIL ' . , . g rid Zoning A ministrator , I 410 C• nity D: ';p mens Viseicito /404 own Mana:er F:\OV\OV9\1998\9-98-2A\PADTCCtrail.doc ORDINANCE NO. 99- 17 AN ORDINANCE AMENDING THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT DOCUMENT FOR NEIGHBORHOOD 11, REALIGNMENT OF THE EQUESTRIAN/HIKING TRAIL, AS REQUESTED BY 0V9- 98-2A, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Vistoso Partners, the overall developers of the Rancho Vistoso Planned Area Development, have requested an amendment to the Rancho Vistoso Planned Area Development Document, as it pertains to Neighborhood 11, relating to realignment of the equestrian/hiking trail; and WHEREAS, an application to amend said Planned Area Development Document has been filed with the Town by Vistoso Partners; and WHEREAS, Article 10-3 of the Oro Valley Zoning Code Revised provides for the establishment of, and amendments to, a Planned Area Development District; and WHEREAS, the Planning and Zoning Commission has considered said application for amendment to the Planned Area Development and Land Use Map, as they pertain to Neighborhood 11, at a duly noticed Public Hearing, in accordance with State Statutes, and has made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has considered the requested Planned Area Development amendment at a Public Hearing and finds it to be 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. The Planned Area Development Document may be amended for Neighborhood 11 as it pertains to the realignment of the equestrian/hiking trail as shown on the attached map, subject to conditions in the attached Exhibit "A". SECTION 2. That all ordinances and parts of ordinances in conflict herewith and the same be 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 17th day of March, 1999. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney F:\OV\OV9\1998\9-98-2A\PADAMTtrail.ORD.doc EXHIBIT "A" CONDITIONS OF APPROVAL OV9-98-2A REQUEST TO AMEND THE RANCHO VISTOSO PAD, NEIGHBORHOOD 11 REALIGNMENT OF THE EQUESTRIAN/HIKING TRAIL 1, A letter of concurrence from the Pima County Parks Department must be submitted for the Tortolita Mountain Park Access Trail. 2. A trailhead outside of Neighborhood 11 must be identified in the location discussed with Town and Pima County staff. 17• ••• , ,-!-:--- .„4: ;114....4 414p.• , _, ,:,..,,,,,,, -,.,,-,,,s- ,,,./.4.-.,.,,,.•.f.!..,,,,. t.•,, _,.,..,...: .4, , - ..).?„*„:"..: - 1 1,,, Z44 --,, c; .' 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',,_\c 'dkArti' NEIGHBORHOOD 11 STREET SECTIONS: ,4,-,,,,, AC a,-qe•,,,,,-K.‘ in,-`s,;---..t. ..---,,,,,,'.-4 'i • A 4.--k ' ' /I - .4 .,4*,, • . ...*:. .--.1-411.96t--t-tii,k.;:" '--i-v, -v..-i.. it-, , .,,, ..ly),.:41,;),_,4 iti4..z,,-*,, ..0,v 3-7 -.,.e;,.:,,,6;4 •'--.*, ,A,k4,...1:Aet .5• . ..1:?,..1144,461 "i.4..s:YY„,..),':g',5r .,?. av aaJBA., --.0:,,3.,..,•%Sy.:S, _____A,,ckw1L.Nhv t.„, ._e4,,,---,r;-,,,-, , 3, 4 IIAINIIINT .•':":2- 1 ' • ,Al i.-.1,.)a,f_ .......ww---.00,..-3,,,,4..,.,.-,,,o,,:'S.,.Li,..-!.:1,I, af ,,,t, _219;11,6-'7,';1',..4.r.f .. •t.,:tr"•-• •— MA ,.... .- _ , . A.1 , .• • 1 I • ••44,:-2.`ki,* -....-.4141 i I-itiftl-Z-1-,4, .4.• • r- . — i „:,......4: B • g.'.. 1 , ,a,k_. / ;Alt :14 ••.:, „i,..,. _ . ' PIMPRON GM ..Mr/ ..... 47451: I ''.&--$1. PRIvATE DRIvE SECTION(TYPICAL) ..,.. 11,111%:.'... ' j4\i4r ii*4•Arifl AffifV414 4' 41 \\•,.\_ 1- ,•4 As i . ')„1 •,. 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I,L,,,. .. . .?;1Ac. 1 ''''..is is• 3:1••••is •7.1 Az. ... \,,,,,, IMOOR ‘1' : ' zo.No mem , 30,1l1242 SCISAO, I • 20&DO.Wet, 20 HO Will 60..0 Y, , 1 -,"--,,F--..--,—. ---,---:•0, ..„iiA:•.. ' .A',IL -,',...... ,.... •..c.o.:.nntell MVO COMM DEVELOPMENT PLAN r.FEC43,144.MTH WO all COLLECTOR/LOOP TYP SECTION 2a/who Uistoso =,..,,A).....5. .. 2co,oa eco ,20d .111.6111:111 2:s:::EL:40:27201:1140S0 Planned Area Development FOR NEIGHBORHOODS 10,11 ii 13 roui wiz; -- ,..............:...........c. vISTOSO PARTNERS,L.L.C. ' ,Rc ••,...--,.. __ 5861 South Kyrene Road,Suite I,2&3 Oro Valley, Arizona • Ternpe,Arizona 85283-5219 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Valerie Feuer, Senior Planner SUBJECT: PUBLIC HEARING ORDINANCE (0)99- / , OV9-98-2A AMENDING THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT FOR NEIGHBORHOOD 11, REALIGNMENT OF THE EQUESTRIAN/HIKING TRAIL ADDENDUM BACKGROUND: Conditions were attached to the staff report for this item regarding a letter of support for the Tortolita Mountain Park Access Trail from Pima County Parks and Recreation Department. That letter has been received and is attached to this addendum. SUMMARY: The letter from Steve Anderson, Parks and Recreation Analyst, provides approval for the proposed alignment of the segment of the Tortolita Foothills Trail, as attached with the original staff report. A revised list of conditions responds to issues raised in Mr. Anderson's letter. RECOMMENDATION: Planning Staff finds that the proposed trail system meets the requirements and recommends approval of this PAD amendment for realignment of the Tortolita Mountain Park trail (public) and Stone Canyon Pedestrian Trail (private), with the conditions listed in Exhibit "A". SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Ordinance No. (0)99- , OV9-98-2A, a PAD amendment request for Neighborhood 11, Rancho Vistoso, Realignment of the Equestrian/Hiking Trail, with those conditions listed in Exhibit "A" attached herewith. OR I move to approve Ordinance No. (0)99- , OV9-98-2A, a PAD amendment request for Neighborhood 11, Rancho Vistoso, Realignment of the Equestrian/Hiking Trail, with those conditions listed in Exhibit "A" attached herewith and the following added conditions: OR TOWN OF ORO VALLEY . COUNCIL COMMUNICATION Page 2 of 2 I move to deny Ordinance No. (0)99- , OV9-98-2A, the Neighborhood 11, Rancho Vistoso PAD Amendment, Realignment of the Equestrian/Hiking Trail, finding that: ATTACHMENTS: 1. Exhibit "A" - Planning Staff Conditions 441 4L Zo '►g . ii ' 'strator / 6, . •dr, f f 1,,....cf dp 11 C. lit/'ty D: /e •e ment 'a irect•i / - i � Bio► - •� Town Manager F:\OV\OV9\1998\9-98-2A\PADTCCtrailconditions.doc EXHIBIT "A" CONDITIONS OF APPROVAL OV9-98-2A REQUEST TO AMEND THE RANCHO VISTOSO PAD, NEIGHBORHOOD 11 REALIGNMENT OF THE EQUESTRIAN/HIKING TRAIL 1. The Vistoso Partners should assist in the additional cost associated with constructing the trail and acquiring public right-of-way to access the trailhead site. 2. The Tortolita Mountain Park Access Trail shall be dedicated in fee to the public at the time platting occurs. 3. A trailhead shall be located on the two-acre buildable site identified by Vistoso Partners west of Neighborhood 11 and conveyed in fee prior to platting of the final portion of Neighborhood 11. 4. The developer should secure a connector trail corridor a minimum of 15 feet in width between the trailhead and the agreed-upon alignment for the Tortolita Foothills Trail to be dedicated in fee to the appropriate public entity at the time the trailhead site is dedicated. v)/ it)/ rib ; n rriA [J02 Pim- OCO:tYbb 111—.pr. as w t - Pare£R.usatio. March 16, 1999 Mr. Bryant Nodine Planning and Zoning Administrator Town of Oro Valley 11000 N. La Canada Drive Tucson, Arizona 85737 Dear Bryant: The Pima County Parks and Recreation Department is writing to provide its approval for the proposed alignment of the segment of the Tortolita Foothills Trail (Trail #167 on the Eastern Pima County Trail System Master Plan)that crosses the northern portion of Neighborhood 11. The alignment was identified through field work conducted by the Town of Oro Valley, The WLB Group, Vistoso Partners, and Pima County in 1998. As you know, the subject alignment is a compromise that deviates from the original alignment shown in the Eastern Pima County Trail System Master Plan, which was previously adopted by the Oro Valley Town Council. The compromise alignment was intended to locate as much of the trail as possible on adjacent property controlled by the Arizona State Land Department and the U.S. Bureau of Land Management in order to maximize Vistoso's development opportunities and separate public use from areas intended for the proposed golf course and single-family homes_ The compromise alignment is located in an area of more challenging topography that is considerably more rugged than the trail's original alignment. Because constructing the trail along the more rugged compromise alignment will involve greater cost than building along the original lower-elevation alignment, and because the compromise route will significantly benefit Vistoso Partners, we believe it would be appropriate to request that the developer help defray the additional cost associated with constructing the trail along the compromise alignment_ We estimate that building the trail along the compromise alignment will add approximately$10,000 to the typical $25,000-$30,000 per mile cost of trail construction. In addition to construction costs, several other issues relating to the trail remain to be addressed, including: • The manner in which the trail corridor will be conveyed to the public and the timeline for conveyance_ We recommend that the trail corridor be dedicated in fee to the public at the time platting occurs. Fee dedication will protect the developer against liability exposure and make it clear that the public entity to whom the trail corridor is dedicated will be responsible for the construction and maintenance of the trail. 6111111111111111•111.11 .iy M:r..Pa•j 1 Administration (520)740-26901740-2680 Customer First Facsimile (520)623-3539 Website www.azstarnet.corn!--pcpr TOO (520)740-2685 1204 West Silverlake Road,Tucson,Arizona 85713.2728 03/16/99 17:38 FAX Z03 2 • The size and location of the alternate "Oro Valley" trailhead site to be provided by Vistoso Partners west of the development, how the site will be conveyed, and the timeline for conveyance_ Pima County recommends that a two-acre buildable site in the location identified by Vistoso Partners west of their current development be conveyed in fee prior to the platting of the final portion of Neighborhood 11. The requested size of the site is consistent with what other developers in the region have provided Pima County for Tortolita Mountain Park public trailhead facilities (for example, the 2-acre Wild Burro Canyon Trail staging area at Cottonwood Properties' Dove Mountain project). • How public right-of-way access to the alternate "Oro Valley" trailhead site will be provided_ The trailhead site offered by the developer presently lacks public access. Pima County will work with the developer to secure the necessary public right-of-way access to the trai ahead site. However, given that the trailhead site was relocated at the developer's request from its original proposed location, Pima County recommends that the cost associated with public right-of-way acquisition be borne by the developer. Assuming that approximately one mile of 24' wide right-of-way will need to be acquired, which computes to approximately 2.91 acres in total area, and considering land values in the area and other possible factors such as severance claims, we estimate that the right-of-way acquisition cost will be approximately $50,000. Pima County will assume the cost of coordinating the effort to secure the right-of-way access (i.e. provide the staff resources required to complete the acquisition process). • How public trail access from the alternate "Oro Valley" trailhead site to the new trail alignment will occur.A public access route between the proposed trailhead site and the agreed-upon trail alignment presently does not exist. Pima County recommends that the developer secure a connector trail corridor a minimum of 15' in width between the trailhead and the agreed-upon alignment for the Tortolita Foothills Trail to be dedicated in fee to the appropriate public entity at the time the trailhead site is dedicated. Thank you again for your continuing assistance. The Parks and Recreation Department looks forward to working closely with the Town of Oro Valley, Vistoso Partners and The WLB Group to bring these matters to a successful conclusion. Please call me at 740-2690 if I can provide you with any additional information. Sincerely, c,_.3j1-eds"0-__ atoe- tAta-L.,._ Steve Anderson,Parks and Recreation Analyst e: Gale Bundrick,Natural Resource Park Superintendent,PCPRD Charlie Hulsey, The WLB Group TOWN OF ORO VALLEY 8 COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Dennis Silva,Jr., Planner I SUBJECT: OV12-98-22 STONE CANYON II PRELIMINARY PLAT, COMMON AREAS A & B, RANCHO VISTOSO NEIGHBORHOOD 11 LOCATED IN THE NORTHWEST CORNER OF THE RANCHO VISTOSO PAD,NORTH AND WEST OF THE GOLF CLUB AT VISTOSO BACKGROUND: The WLB Group, representing Vistoso Partners, request Town Council approval of the Stone Canyon II preliminary plat located in the Rancho Vistoso PAD,Neighborhood 11. The proposed subdivision will surround golf holes 10,and 12 to 17 of the Stone Canyon Golf Course (0V12-98-01). The project is located in the northwest corner of Rancho Vistoso, north and west of the existing Golf Club at Rancho Vistoso, and the property will be accessed via an extension of the existing Vistoso Highlands Drive. The existing condition of the site is mostly undisturbed desert. Diverse topography, rock outcrops and several washes characterize the property. SUMMARY: Stone Canyon II will feature a variety of custom homes to be built on one-acre lots. The existing zoning under the Rancho Vistoso PAD is Very Low Density Residential (VLDR). There are 107 proposed lots within a 117.6-acre site. The setbacks for this subdivision are; front—30', side—20', and rear—40'. Issues related to zoning code requirements and plat design are addressed below by topic. Golf Course Overlay District The lot layout for this subdivision complies with the provisions in the Golf Course Overlay District. Golf cart paths have been added since the DRB submittal. Where golf cart paths cross lots,a 20' easement will be delineated. Riparian Habitat Overlay District According to Article 10-7 of the Riparian Habitat Overlay District, any proposed development that encroaches upon designated riparian habitat must complete a Riparian Habitat Study and Mitigation Plan. A portion of the proposed Tortolita Mountain Drive will cross a protected wash. Approximately 8,000 square feet of the low xeroriparian habitat will be effected. A Riparian Habitat Study has been submitted for staff review and the applicant must submit a revised Study and Mitigation Plan addressing the comments from the memo sent on March 5, 1999. Rancho Vistoso Neighborhood 11 Wildlife Habitat Study A wildlife study was done by Harris Environmental as part of the Rancho Vistoso Neighborhood 11 PAD Amendment. This study objective was to identify and map important wildlife habitats and the location of riparian corridors that may be significant for wildlife. The attached composite map illustrates significant riparian habitats, rock outcroppings, and vegetation communities. The preliminary plat addresses the riparian habitats, rock outcroppings, and the ironwood community, but does not address a interconnected system of habitats which is important for wildlife conservation. A section of lot 222 on sheet 5 is not designated as a riparian area on the Town of Oro Valley riparian habitat map, but it is identified as a riparian corridor in the Wildlife Study. The building permit for this lot must be reviewed by staff in elation to sensitivity to wildlife and riparian habitat. This requirement shall be added in the general notes of the plat. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 4 Rock Outcroppings Rock outcropping is an important wildlife habitat found in the Stone Canyon II development. Since the outcroppings are surrounded by deep soils, they support a unique and productive biological community. Significant rock outcropping or areas of 25% or greater slopes have been delineated on the plat as no-build areas. All areas designated as 25% or greater slopes shall be delineated as conservation easements on the plat. Recreation Area Requirements A PAD Amendment for Rancho Vistoso Neighborhood 11 was approved by Town Council on February 3, 1999 which addressed the recreation area for Stone Canyon II. This recreation area will be located near the new clubhouse. Ironwood Community The ironwood community has been identified on the page 5 of the plat and all of this habitat will be protected. There are fifteen (15)Ironwood trees within the roadways have been designated for relocation on-site. Plat Design The Stone Canyon II development will be a large lot custom home subdivision, and there are proposed grading restrictions placed on the lots in an effort to minimize impacts and preserve portions of the natural Sonoran desert. Refer to general notes 34,35,46,and 47 for more details on the plat design. On sheet 6 of the plat, there is a driveway that encroaches on a No Build Limit. A swap is illustrated, but the square footage does not match. The driveway disturbance calculation shall match the area of no build swap calculation. La Cholla Airpark The proposed Stone Canyon II development lies within the flight path of the La Cholla Airpark, an active private airport located just to the west of the development, immediately outside the Town limits. This situation has the potential for adverse noise impacts on the development,as well as the potential for resident complaint and pressure over the activities of the airpark. The applicant has agreed to include as general note 42 that all perspective buyers shall be informed of the active status of the La Cholla Airpark. DEVELOPMENT REVIEW BOARD ACTION: The DRB recommended approval of this preliminary plat on February 9, 1999. GENERAL PLAN COMPLIANCE: Implementing PAD No Build Limits and ensuring that all slopes of 25% or greater will be no build areas, complies with Policy 9.1E, which states "All development proposals should show design strategies used to minimize changes to existing topography and the disturbance of existing vegetation."The plat also promotes Policy 1.1I,to"encourage the use of building envelopes...[where]the area outside the building envelope must be maintained in a natural state." TRAFFIC/ROADS: Vistoso Highlands Drive(a minor collector road)will be constructed from its existing terminus northward to the proposed Antersection with Tortolita Mountain Drive. Several interior roads will intersect Tortolita Mountain Drive. Some of the interior roads exceeds the 600 feet maximum cul-de-sac length. Therefore, a turnaround area shall be provided along these streets to satisfy emergency service providers' concerns for the excessive cul-de-sac length. This turnaround would TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 4 be for use by emergency vehicles. The applicant shall provide any additional emergency access points or facilities deemed necessary by emergency service providers to compensate for the excessive cul-de-sac lengths. This 107-lot subdivision of Stone Canyon II is expected to generate 366 trips per day to and from Rancho Vistoso Boulevard. The project traffic engineer forecasts that a traffic signal may be warranted at the Rancho Vistoso Boulevard intersection in the year 2008. The projected traffic from Stone Canyon II will have no particular impact on the intersection of Rancho Vistoso Boulevard and Vistoso Highlands Drive. DRAINAGE: This project is in a critical basin which has been identified as already having severe flooding problems because of existing watershed conditions. Stormwater detention facilities are required to be incorporated within this development to the extent necessary to ensure a reduction in the existing 2-, 10- and 100- year peak discharges from the site. The amount of reduction shall be 5%. The developer is going to construct a detention basin at Moore Road and King Air Drive. This project site generally drains from north to south. Drainage generated onsite will enter one of several small to moderate sized natural drainageways. These drainageways can carry significant Stormwater runoff. The largest flow occurs in the wash which runs through the middle of this project. The project will be divided into three parts by the two washes which affects it. The Tortolita Mountain Drive will cross and encroach into these washes at five locations. There is adequate buildable area on all lots outside the floodplain and erosion hazard setback. The lot density for this development is relatively small. Drainage from the developed site will follow existing natural drainage patterns. However, some small `v'-ditches may be required along streets. 2' roll or ribbon curb will be used along both sides of the streets in order to minimize erosion to road shoulders. GRADING: Grading will be restricted to preparation of roads and streets. Lots will be graded on an individual basis for construction of custom homes. Significant cut and fill will not be necessary to construct the streets and roads for this project. The centerline of the roads and streets will closely match existing topography. There will be visible cut and fill slopes adjacent to portions of the road surfaces. Rancho Vistoso PAD grading standards apply to this property. No grading waiver is required for this project. RECOMMENDATION: Staff recommends approval of the proposed Preliminary Plat for Stone Canyon II, subject to the conditions listed in Exhibit"A". SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve OV 12-98-22 Stone Canyon II,Rancho Vistoso Neighborhood 11 Preliminary Plat, effective on the date of satisfaction of attached conditions listed in Exhibit A, attached herewith. OR move to approve OV 12-98-22 Stone Canyon II, Rancho Vistoso Neighborhood 11 Preliminary Plat, effective on the date )f satisfaction of attached conditions listed in Exhibit A, attached herewith and the following added conditions: TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 4 OR I move to deny OV 12-98-22 Stone Canyon II, Rancho Vistoso Neighborhood 11 Preliminary Plat, finding that: ATTACHMENTS: 1. Exhibit"A" - Conditions for Approval 2. Reduced Copy of the Preliminary Plat 3. Wildlife Habitat Composite Map IPl. g :I I %ning Admini ator . * - AIL.,- ipr, if 1 .. ` ! mss. 4 Commu I'ty 0 evelo ,-. : Director;' A► / 4 Town Manager F:\ov\ovi2\1998\12-98-22\pptc.rpt EXHIBIT "A" TOWN COUNCIL CONDITIONS FOR APPROVAL OV12-98-22 STONE CANYON II PRELIMINARY PLAT 1. Delete lot 242 from general note#43, because this lot is not a part of this plat. 2. Add a general note stating that Floodplain use permit shall be required for bank protection installation and any drainage structure within 100-year floodplain. 3. Delineate floodplain limits along Wash K2 without any breaks until the point where it exits your property. 4. Delineate and label pre-development 100-year floodplain limits. 5. Provide the legend for the light line running along wash K2 6. For each drainage course for which the 100-year frequency flood equals or exceed 50 cfs at the point of entering and leaving the subdivision, the limits of the 100 year flood-prone area must be shown and labeled on the plat and drainage exhibit. 7. For each drainage course entering or leaving the subdivision,the 100-year frequency flow, and its respective drainage area must be shown for pre- and post-development on the plat and drainage exhibit. 8. Delineate floodplain limits after concentration point"J8"on the plat and drainage exhibit. 9. Provide a table for hydrologic structures on the drainage exhibit sheet. 10. All 100-year i.e. Qioo= 100 cfs shall be delineated as floodplain limits on the drainage exhibit as well as on the plat, and any lot affected by these floodplain limits shall require a floodplain use permit. List these lots in the appropriate General Note. 11. The drainage structure called out for concentration point"G"on the plat does not match drainage structure called out on the drainage report as well as on the table for hydrologic structures, correct. 12. Call out concentration point for the drainage structure-crossing street"C"near lots 138 and 139. 13. Delineate 100-year flood limits through lots 135 and 136 on the plat as per drainage report. 14. Call out concentration point"I"and its drainage structure on the plat as per drainage report. 15. Delineate 100-year flood limit for concentration points "J, J6,J8 and J4,"on the plat and drainage exhibit. 16. Delineate the FEMA floodplain as per map number 04019C1025 K effective date February 8, 1999. Note any activities within FEMA floodplain shall require LOMR or LOMA. 17. Add the following note on the general notes"within 120 days after completion of construction of any flood control protective works which changes the rate of flow during the flood or the configuration of the floodplains upstream or downstream from or adjacent to the project,the person or agency responsible for installation of the project shall provide to the governing bodies of all jurisdiction affected by the project a new delineation of all floodplain by the project. The new delineation shall be done according to the criteria adopted by the director of water resources."Per Arizona State Statutes. 18. Call out matching sheet numbers on sheet#9. 19. Lot numbering on the drainage exhibit shall match those on the plat. 20. Demonstrate how all weather access shall be provided to lots 166 and 168. 21. Call out access point for lot 165. 22. A revised drainage report addressing above comments shall be submitted to engineering staff. More comments may arise after you submit revised drainage report. '.3. A Riparian Mitigation Report shall be submitted with the revised Riparian Habitat Study. Additional Mitigation Plans will be required for any work that may affect vegetation in designated riparian areas. 24. That portion of SVTs lying outside the right-of-way shall be shown on the final plat as sight visibility easements. 25. A final geotechnical report along with a pavement design report shall be provided to P&Z staff and reflected in General Note#29. 6. Additional emergency access ways or facilities requested by emergency service providers shall be provided. 27. Post development HEC-2 cross-sections shall be shown and labeled the on the plat. The corresponding 100-year water surface elevation shall be clearly annotated. 28. Location, size, material and design discharge for each of the proposed drainage structures shall be provided in a revised drainage report. 29. The portion of Tortolita Mountain Drive,which is outside Town limits,needs a letter from Pima County Transportation acknowledging and accepting. 30. The proposed building pad for Lot 171 is located within the setback. Revise the building pad location. 31. With the PAD No Build Limits and the 25%or greater slope no build areas,there is no space for building pads on Lots 175 and 178. Designate building pads within the setbacks or delete the lots. 32. The sewage easements on sheet 9 of the preliminary plat must be recorded prior to the scheduling of the final plat to Town Council. 33. All areas designated as 25%or greater slopes shall be delineated as conservation easements on the plat. 34. The driveway disturbance calculation on sheet 6 of the plat shall match the area of no build swap calculation. 35. 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I. — — _0,‘• , , zoi_•) _ • .,• •, ,-.) cp. •,.k).11! ,y, 2c, i,),-, c-2,-- ' • -. ._,. .— . ,.. ., .'')-.)/ 'm " — - ......_ ,1,,-1. ---7-/ • \,\ , y s• ._:,---... .X (.._:...1.,.,/ , , ..----_. . ., ...,... 4 . ,,,...•. (7. , , / . NJ(Al • .,, / i '•• .(),"). ---. - _ ._ ) ,..:7 ;) ,i; f (/ 1 _ _ TOWN OF ORO VALLEY 9 COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Donald L. Chatfield, AICP, Community Development Director SUBJECT: Approval of Public Art Selection Process for the Canada del Oro Riverfront Park and the Oro Valley Development Services Center SUMMARY: The Oro Valley Town Code requires that one percent of all public construction projects be set aside for public art. Under the provisions of this requirement, the Oro Valley Town Council appointed a Public Art Review Committee to consider artist proposals for the CDO Riverfront Park. The call to artists and art selection process was administered by Don McGann of McGann and Associates as part of his overall park planning contract. A call to artists was issued in late December 1998, asking that interested parties submit representative slides of their work for consideration by the Public Art Review Committee. The Committee subsequently met on January 29, 1999 to consider the artists' submissions and voted to short-list four artists. These four artists were invited to submit specific proposals for artwork in the CDO Riverfront Park. Three of the four artists accepted this invitation and met with the committee on February 12, 1999 to present their proposals. At the February 12th meeting, members of the Public Art Review Committee voted not to recommend any of the proposed artwork to the Council for placement in the park. Instead, they voted to start the process anew, issuing another call to artists. The Committee was also informed of a protest filed by one of the artists who was not selected to participate in the proposal process. Specifically, this artist felt that the Committee had not used clear criteria in making their judgments and that he was not provided specific feedback about why he was not selected. Mr. McGann's contractual responsibilities for administering a public art selection process were satisfied with the conclusion of the February 12th meeting. In a discussion with Mr. McGann, he recommended that the Town consider contracting with an arts council to administer the process. He suggested that such an arrangement might address the facts of the artist's protest and provide the Town with a defensible selection process. Since that time, I have spoken with Carmen Feriend, the Executive Director of the Greater Oro Valley Arts Council regarding this process. While GOVAC is interested in playing a role in this process in the future, it is not currently prepared to undertake such a process. I have also spoken with two representatives of the Tucson/Pima Arts Council about the services that they offer. TPAC is prepared to administer a public art selection process and charges up to 10 percent of the project cost to do so. In conversations with both arts councils, I determined that it is possible to execute a contract under which the arts council administers the project, but does not play a role in evaluating the artists. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 • RECOMMENDATIONS: Community Development Staff recommends that the Town Council approve a public art selection process to include the following elements: 1) execution of a contract with the Tucson/Pima Arts Council to administer the selection process, including issuance of the call to artists, mailing of informational packets to selected artists, and procedural arrangements for the Public Art Selection Committee; 2) signing a memorandum of understanding with the Greater Oro Valley Arts Council to serve as a resource in the administration of the selection process; 3) utilize Community Development staff to convene the Selection Committee and to provide meeting minutes. As the Town is preparing to begin construction of the new Development Services Center, staff also recoomends that this selection process be approved for the its associated artwork. Staff is gathering further information that will be available for review at this evening's meeting, including: • Selection flow chart • Sample evaluation criteria sheet ♦ Sample Call to Artists • Draft procedural guidelines. SUGGESTED MOTION: MOVE to APPROVE a public arts selection process for the Canada del Oro Riverfront Park and the Oro Valley Development Services Center to include the following elements: 1) execution of a contract with the Tucson/Pima Arts Council to administer the selection process, including issuance of the call to artists, mailing of informational packets to selected artists, and procedural arrangements for the Public Art Selection Committee (TPAC shall not be involved in the evaluation of artists); 2) signing a memorandum of understanding with the Greater Oro Valley Arts Council to serve as a resource in the administration of the selection process; 3) utilization of Community Development staff to convene the Selection Committee and to provide meeting minutes. ATTACHMENTS: 1. Minutes of Public Art Selection Committee Meeting, 1/29/99 2. Minutes of Public Art Selection Committee Meeting, 2/12/99 Com I ity De p - � t .,recto Town Manager 41998 Minutes of Canada del Oro Riverfront Park Public Art Selection Committee Meeting: Date/Time: January 29, 1999 - 3:00 PM Participating: David Grigsby, Public Art Review Committee Representative Gigi Miller, Public Art Review Committee Representative John Russell, Parks and Recreation Advisory Board Representative Dave Dame, Greater Oro Valley Arts Council Representative Harriet Hough, Citizen Representative Don McGann, Design Consultant Representative Copies: Chuck Sweet, Town Manager, Town of Oro Valley Don Chatfield, Community Development Director, Town of Oro Valley Cathy Cuvelier, Town Clerk, Town of Oro Valley Karen Novak, Acting Parks Director, Town of Oro Valley The initial meeting of the Canada del Oro Riverfront Park Public Art Selection Committee was held at the time and date noted above. The meeting was called to order at 3:00 PM. The following is a summary of discussions. 1. Don McGann provided an overview of the two-step process that would be used to select an artist for this project, noting that this process was similar to that used by the Tucson Pima Arts Council (TPAC) on public art projects that they administer. Don noted that the first step was to review the slides, slide descriptions, and resumes that had been submitted by the various artists and to select a short-list of artists to be invited to an interview with the Committee. 2. Don McGann indicated that during the first step, the Committee would not see specific art proposals but rather examples of the artists'work. The artists that were short-listed would subsequently be asked to present a specific proposal or concept for the art they would develop. 3. Don McGann also noted that the type, size, scale, media, etc. of art had not been prescribed. This was done intentionally so as not to restrict the range of ideas for public art that may be developed and presented by the artists. 4. At the request of the committee, a preliminary review of all of the slides and related material was conducted. This preliminary review was conducted without discussion other than to identify the artist whose work was being observed. 5. A second presentation of the slides was conducted with a general discussion of the individual works presented in the slides as well as the range of media and types of projects previously completed by the individual artists. As questions were raised about individual slides, the slide descriptions were referenced to clarify the nature of the work presented (scale, media, etc.) and the scope of the artist's involvement (public art planning, production of art, etc.). Page 1 of 2 6. The committee was then asked if it was ready to begin the process of developing a short- list, and the committee responded affirmatively. Nominations for the shod-list were made by individual committee members. A total of six artists were identified as candidates for further consideration. 7. Don McGann indicated that the TPAC process, which was the general model for the process being implemented by the Town, typically limits the short-list to three artists. 8. David Grigsby noted that the short-listed individuals/teams would be asked to develop concepts and make presentations to the Committee without compensation and that asking individuals to do this without them having a reasonable chance of being selected was inappropriate. David also noted that in the professional design community there is a general belief that a selection committee has not done its job if it does not keep the short- list to a reasonable size, typically not more than three candidates. 9. Additional discussion and a review of submitted materials was conducted. This discussion resulted in the nomination of four candidates for the short-list. (P. Edwards, J. Davis, A. Pesqueira, and the team of D. Landreville and D. Flynn). A vote was taken related to this draft short-list and it was approved unanimously. 10. Don McGann and David Grigsby recommended that the Committee consider reducing the number of candidates to three. The possible deletion of individual candidates was discussed but objections were voiced in each case. After additional discussion, a vote was taken to approve the shod-list of four and it was unanimously approved. 11. Don McGann was directed by the Committee to notify the shod-listed candidates, and to convey to them that the Committee would like to be presented with the following information: sketches or sketch models of the proposed art, information on the size, scale, and media proposed, and a summary of the design/fabrication/installation budget. 12. A follow-up meeting of the Canada del Oro Riverfront Park Public Ad Selection Committee was scheduled for Friday, February 12. 1999 at 4:00 PM. 13. The meeting was adjourned at approximately 4:50 PM. * * * * * * * Page 2 of 2 MINUTES OF THE TOWN OF ORO VALLEY CANADA DEL ORO RIVERFRONT PARK PUBLIC ART SELECTION COMMITTEE Date/Time: February 12, 1999 —4:00 p.m. Participating: David Grigsby, Public Art Review Committee Representative Gigi Miller, Public Art Review Committee Representative John Russell, Parks and Recreation Advisory Board Representative Dave Dame, Greater Oro Valley Arts Council Representative Harriet Hough, Citizen Representative Don McGann, Design Consultant Representative Dick Eggerding, Greater Oro Valley Arts Council Representative Bill Cassarino, Project Manager, Pima County Parks Department Copies: Chuck Sweet, Town Manager, Town of Oro Valley Don Chatfield, Community Development Director, Town of Oro Valley Kathy Cuvelier, Town Clerk, Town of Oro Valley Karen Novak, Interim Parks Administrator, Town of Oro Valley The meeting was called to order at 4:05 P.M. Don McGann introduced Bill Cassarino, Pima County Parks Department to the Committee and explained that since Pima County will be partially funding this project, they also have an interest in the artwork selected. REVIEW OF SELECTION PROCESS Mr. McGann explained the application process and commented that after reviewing all of the applicants, four artists were short-listed and asked to continue further in the process. He advised the Committee that one of the initial applicants, not short-listed, will be submitting a protest to the Council regarding the selection process. Mr. McGann believed the Council would hear the protest sometime in March; and depending on their decision, the Committee may have to revisit the original application process. However, at this time, the plan is to continue as scheduled until the Committee hears otherwise. Mr. McGann then passed out a copy of the TPAC Administrative Procedures for the Committee to review. He stated that the public was welcome to the meeting and asked the Committee how they felt about public participation. MOTION: Moved, seconded (Eggerding/Hough) and passed unanimously to invite the public to the Public Art Selection Committee Meetings, to hear and participate with the process. Bill Cassarino questioned the final selection and the recommendation they should make to the Council in light of the protest. He asked if the Council would then be expected to make a decision between the protesting artist and the artist recommended by the Committee. Mr. McGann replied that prior to making a recommendation, the Committee would need to wait for direction from the Council on how to proceed after they,have heard to the protest. He explained that he was directed by Mr. Chatfield to proceed as planned now, and any adjustments that would need to be made after the Council meeting could be dealt with at that time. Mr. McGann stated that Mr. Chatfield had a discussion with David Hoyt Johnson, Public Art Coordinator, Tucson Art Council, about the process. He confirmed that the Committed followed the TPAC process. Mr. McGann informed the Committee that Paul Edwards called and stated he would not be able to attend today. He originally asked Mr. McGann for an extension, which Don stated he didn't have the authorization to grant. The Committee further discussed the final selection process. A suggestion was made to inform each of the artists that a final recommendation could not be made until after the protest was heard. Mr. Grigsby concurred, commenting that it was a public hearing and information should not be withheld. Don McGann reminded the Committee that their final decision would only be a recommendation to the Council, who would actually make the final decision. MOTION: Moved, seconded (McGann/Hough) and passed unanimously to make the Committee's recommendation public, but inform each artist that the Council will be hearing a protest against the process in March, so a final decision would not be released until after that hearing. PRESENTATION BY ARTIST JOHN DAVIS Don McGann introduced himself and explained to the artist that the Committee would only be making a recommendation to the Council, who would make the final decision. He advised that the Council would be hearing a protest in March, by one of the artists not short- listed, regarding the selection process. Therefore, the protest would have to be resolved prior to a final decision being made. Mr. Davis informed the Committee that he visited the park site and acknowledged the view of the mountains. He provided the Committee with details of his art work, including the budget, and stated his approach was to create a "lookout" or assembled observatory. He then described the main components and the image he was trying to portray. Mr. Davis stated that a viewscope, directed at Pusch Ridge, would be included, as well as an anemometer, which could conceivably serve a function for the baseball players. Mr. Davis explained the types of materials he would be using. He suggested berming his location so that it would rise about 3' above the surrounding area to look more like an observatory. The Committee asked specific questions regarding the types of materials to be used and how both the anemometer and viewscope would be constructed. The overall height of Mr. Davis' project was 12', with a length of 6'. Mr. Davis stated that all of his materials were outdoor implements that should hold up for decades, with minimal maintenance. The Committee questioned the colors used in the exhibit and Mr. Davis stated that he would want to compliment the palette used for the rest of the park. 2 Committee Discussion after the Presentation: Concern was expressed for the likelihood of graffiti with this type of project: It was pointed out that the finish and the location would make it more susceptible. Concern was also expressed regarding the longevity of the wood. The Committee concurred that due to the exposure of the sun and heat it would probably not hold up well. In addition, it may not be sturdyenough in the case of kids climbing on top of the structure. It was generally felt that this type of project would create a challenge for kids to climb. It was also noted that the project was not handicap accessible. PRESENTATION BY ARTIST TEAM OF DAVID LANDREVILL AND DAVID FLYNN Don McGann introduced himself and explained to the artist that the Committee would only be making a recommendation to the Council, who would make the final decision. He advised that the Council would be hearing a protest in March, by one of the artists not short- listed, regarding the selection process. Therefore, the protest would have to be resolved prior to a final decision being made. The artists began by pointing out the location of their proposed work, which was in the vicinity of the outdoor theater area. They felt it would compliment the area and provide a nice view of Pusch Ridge. However, they didn't want to take away from the view so they came up with the concept of an adobe ruin, which provided a large window area that would frame the view. In addition, they proposed to build a steel cactus structure that would appear to be working its way into the ruin. Mr. Landreviil explained that one side of the structure would be open to the performance area and the other corner would be open to the mountains. The artists commented that the area would also serve as a gathering place with seating elements around the remainder of the structure. They estimated the size to be 20' x 20' and 12' tall at its highest point. A picture depicting the type of adobe to be used was distributed to the Committee and the two artists further described other materials that would be used. They assured the group that the steel cactus would be strong enough to hold the weight of 4 people. The flagstone on the floor would be concreted in over a 3" concrete base for a total of a 5" base. The two artists felt that the adobe would wear well and not require any maintenance. They did offer, as an option, to use block and stucco, but commented that it would require more maintenance. In addition, they didn't feel the adobe would attract graffiti like the stucco would. Committee Discussion after the Presentation: John Russell liked the design and thought it would be attractive as well as unobtrusive. There was some concern; however, that the structure would provide places to hide. The Committee felt the location was more appropriate than the first presentation. A comment was made that there could be many off shoots to this type of structure, and it would be functional and durable. 1 3 PRESENTATION BY ARTIST AMY PESQUEIRA Don McGann introduced himself and explained to the artist that the Committee would only be making a recommendation to the Council, who would make the final decision. He advised that the Council would be hearing a protest in March, by one of the artists not short- listed, regarding the selection process. Therefore, the protest would have to be resolved prior to a final decision being made. Amy introduced the young adult artists that would be working with her on this project. She stated their concept was to provide a functional type of artwork that would provide shade and seating. From this, she devised a "sunburst" structure that would be constructed out of colorful tiles, tastefully done. She explained the pattern they proposed on the top of the roof, and added that they may or may not duplicate that same type of pattern on the inside floor. Ms. Pesqueira described the materials they would use and the safety of the project. She explained that there would be 4 large solid rays, 4 smaller and 8 very small rays extending for the main sunburst structure. These could be constructed in a variety of patterns with the smaller rays doubling as benches. She described the type of tiles and colors they would use, as well as the rebar and concrete that make up the main part of the structure. Ms. Pesqueira briefly reviewed the budget of the project with the Committee and commented that she felt she would be able to obtain a lot of donations. She stated that the bulk of the work would be done by herself and the young adult artists; however, they would need to get the help of contractors for the foundation and roof. The committee further discussed the tiles, which would be a matte color, how they would be placed on the structure and their concern with the foundation and roof of the structure. Committee Discussion after the Presentation: The Committee agreed that one of the positives of this project was that it was the first to really mention color. They liked the gathering place approach; but, again, because of the roof and idea that kids would be climbing on the structure, the liability could be great. Several of the members felt it would be just as attractive without the dome, which would reduce most of the hazards. It was pointed out that without the dome it might be tough to reinforce the rays so they wouldn't eventually fall over. There was some discussion regarding the budget. A couple of the members didn't feel the artist was well prepared and that the numbers given were too low. John Russell pointed out the colors proposed, and stated that the Committee needed to think about how well they would be received by the community. It was mentioned that a park would be a perfect place to introduce colors. Gigi Miller commented that there seemed to be lots of"maybes" in the presentation so it didn't appear that anything about the proposal was a definite. In addition, she would have preferred to see some samples of the tiles and colors, although she was not crazy about another tile project. Further concern was expressed with this project, the quality and the budget. The Mayor pointed out that when the kids did the bike stop at First and Oracle they did a great job with their presentation to Council. He felt if they were allowed to move forward they would have the expertise to do the basic planning for the structure. In summary of all the projects, the Committee concurred that there was a certain liability with all of them. They discussed the "art" look of all three, the materials each were to be made of, and which would create a new attraction for the Town. All members felt that the three presentations were geared more towards architecture rather than art. They talked 4 about elements of each that could possibility be changed to make them more appealing. Discussion ensued regarding the integrity of all the projects, and it was mentioned that the Committee really shouldn't be making changes to the proposals or telling the artists to change certain qualities of their projects. The projects needed to be considered as they were presented. Don Chatfield commented that if the Committee was not prepared to vote for any of the three, they could go back to the original list of six and invite the other two artists in. It was pointed out that the original short list did not contain six artists, it was always 4. In accordance with the TPAC procedures, it was mentioned that the Committee didn't have to make a decision. In this event, the procedures state that the Committee could either ask the finalists to submit and present new proposals or refer the process back and initiate a new selection process. David Grigsby moved to go back to the four finalists and request a submittal that is more geared towards art and less towards architecture. Don McGann seconded the motion. After further discussing the motion and its implications, it was stated that the Committee was departing from the idea that they should not give direction. Mr. Grigsby withdrew his motion. The Mayor stated that if the Committee recommended to the Council that they begin the process over, the Council could make their job easier by coming up with selection criteria in the call for artists. The Committee discussed their time frame and a suggestion was made to give the artist 3-4 weeks to prepare their presentation after they were short-listed. Don McGann explained that limiting the time also limited the expectation of a final project being presented. It should not be the Committee's desire to encourage the artists to spend a lot of time and money on the proposed project. The Committee is not looking for a final project and he didn't want to convey that message to the artist. Don Chatfield stated that he would look into staffs ability of making an administrative decision to start the project over since the Committee hasn't been able to come to a conclusion. Don McGann also mentioned checking into the possibility of TPAC administering the project. Mr. Chatfield concurred that TPAC would be available but it could cost up to 10% of the project. which concerned him, especially in light of the fact that the Town has another art body that could also administer the project. MOTION: Moved, seconded (Grigsby/Eggerding) to begin the process of selection over, since the Committee couldn't come to a final decision, re-advertising the project and providing a better definition of the type of work the Committee is looking for and well as how the projects would be judged. Safety, durability and maintenance would be a prime consideration, Federal ADA standards must be met and the emphasis should be more towards art and less towards architecture. The motion passed unanimously with a vote of 5-0. John Russell abstained. The meeting adjourned at 7:00 P.M. TOWN OF ORO VALLEY I 0 COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Appointment to Municipal Property Corporation (MPC) Board of Directors SUMMARY: Oro Valley's Municipal Property Corporation (MPC) Board of Directors consists of three (3) members of which there currently exists one vacancy which must be filled. This vacancy is a result of Mr. Les Olsen's death some time ago. It is anticipated that the MPC will be used in the coming months to provide financing for the O.V. #1 water system conversion/improvements and the construction of the new Community Development building. Therefore, it is important that the MPC Board Officers be in place. ATTACHMENTS: Application of Mr. Tom Vetrano RECOMMENDATIONS: It is recommended that the Council appoint Mr. Tom Vetrano to the Municipal Property Corporation Board of Directors with his term to expire in November 2001. FISCAL IMPACT: None SUGGESTED MOTION: I move to appoint Tom Vetrano to the Municipal Property Corporation Board of Directors with his term to expire in November 2001. 1, f ,,,.,., / ,A------------� n Manag_r 3-15-1999 3=48AM FROM TOM VETRANO 505447877 F-453 T-172 P-002 MAR 15 '99 11:08 • ReY44, ` Q Y *41 • NO�"i7 VALLEY BOARD/COMMISSION APPLICATION Dear Ow Valley Citizen: We appreciate your luicr st in the Town of Oro Valky. En losed is n informational form which whcu convicted will allow us to quickly pawns your applicadon. While the information on d for is optional,your oupplyiligt3 :information will greatly assist in an of eduotior4 expetieme arid back to allow the test possible use of your tato:its which you are so sky williug to pxovide to the Town of Cho Valley and for which we thank you. Please return to the Town Clerk's Office, 11,000 North La Cam Drive,Oro Valley,Aruna 85737-7015. Name VefrAis 0 © p% Middleej....(164 0.4 FirstLast Home Address Bustle%Adm _ Home r ... ,.- �1n Phi Number of in * Valley • , J, .. • . . Dat Please state which board/commission you wish to joinandwhy_ a. ' SLI► • r • y A , y. Jr;: _ 'E el r Ch L Plcuse list othcr commonly, CAVE, professional, socia, educational, cultural or athletic organizations you haw been affiliated with, length of thne, siiy office held, and any achievements in those organizations you feel are notevo ►. • ., r - S-11A,4 e • Q. �- -$b 4 - g a • 44 /Am 11 . - .;; 44,-• ...4k;., Sun 1`6r ' IN; verv,..A- 4101-tear-1 C.:ar i,i C. !arch 4,4j-,s c (/qqi- 4'6 3-15-1999 0:064M FROM TOM VETRANO 5205447877 F--453 T-172 P-003 MAR 15 '99 11:08 ' • What do you consider your high responsibility, skin uch icv runt; professionally a u d/ur personally,and why. EMPLOYMENT Please list prcvious employment- List your past or p preesent'ernplyyzncnt first: w— _ -—14�IM�r►IrMiwIM`ter' _ -- w�..►s wr� _ �.w r•- __41wri.+fir Dates of Employment Company Name&Address 1. cg 7 f 619`x! Fir 14 • ( • jJcjq - _ - 3. 4. 5_ (List Position&Job Description in numbered order as listed above) 0 MFw __ .vestps?,. 541._,, e„ corte.4 jafrewift.adjar tor)IN4 fr Gin 41P1r - caimgis EDUCAI`ION Briefly describe your educational background: Institution/School Degree Received 2L„ • - Stiktei c.4 6 •, 7 ' _st___ _4:43;-,u (Salmi& 41//, -v, . CierR " wiv - 5. 3-15-1999 0:06AM FROM TOM VETRANO 5205447877 F-453 T-172 P-004 MAR 15 '99 11:08 ArcaArvit ufStudr in,ruir!bered order as listed above: _ f re& ....ALL,445,AYterreu4? ta441;eu) Other fields of study,professional institutes,training pmgram,etc: it)4 ,A, IF DESIRED,FURTHER moRmAnoN MAY BE ATTACHED TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 17, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, CMC Town Clerk SUBJECT: SELECTION OF VICE MAYOR SUMMARY: Section 2-2-2 of the Oro Valley Town Code states the following: council shall designate one of its members as vice "Atsame meetingat which the mayor takes office, the the 1. The vice mayor, who shall serve at the pleasure of the counci mayor shall perform the duties of the mayor y � during his absence or disability." RECOMMENDATIONS: None. SUGGESTED MOTION: None-decision of the Mayor and Council. *),t c dwAJ-4,,,-. dorf ntHeal _... 1116(.A. L A nor A . A Town Mana.er Insert file name and path