HomeMy WebLinkAboutPackets - Council Packets (1591) **AMENDED 2/3/98, 2:00 P.M.
AGENDA
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
FEBRUARY 04, 1998
ORO VALLEY COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 7:00 P.M.
CALL TO ORDER
ROLL CALL MANAGER
UPCOMING MEETING -ANNOUNCEMENTSTOWN
ORDER OF BUSINESS.• MAYOR WILL REVIEW THE ORDER OF THE MEETING
1. CONSENT AGENDA
(Consideration and/or possible action)
A. Minutes - 01/21/98; 01/28/98
B. Finance Report ort - 2nd Quarter Ended December 31, 1997
PP
C.
Approval of License Agreement for Vistoso Vista
2. PUBLIC HEARING ORDINANCE NO. (0)98-05 TRANSLATIONAL ZONING OF
THE WEST LAMBERT
LANE PARK SITE, A PORTION OF SECTION 10
RANGE 13 EAST, FROM PIMA COUNTY SR TO ORO
TOWNSHIP 12 SOUTH
VALLEY R1-144,AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
(CONSIDERATION AND/OR POSSIBLE ACTION)
3. RESOLUTION �TO• (R)98-06 APPROVAL OF GEOGRAPHIC INFORMATION
SYSTEM SERVICES FEE SCHEDULE (CONSIDERATION AND/OR POSSIBLE
ACTION)
4. APPROVAL OF PARTICIPATION IN THE AERIAL PHOTOGRAPHY CONTRACT
ADMINISTERED BY
CITY OF TUCSON AND PIMA ASSOCIATION OF
GOVERNMENT
CONSIDERATION AND/OR POSSIBLE ACTION)
5. OV12-9432 SUNRIDGE II - REQUEST TO AMEND LOCATION OF NO ACCESS
EASEMENT, LOTS 12,
19 & 50 (PROPERTY LOCATED NORTH OF TANGERINE
TELY WEST OF RANCHO VISTOSO, NEIGHBORHOOD 7,
ROAD AND IMMEDIATELY
THE SUBDIVISION LIES TO THE NORTH OF, AND IS ACCESSED THROUGH
THE COYOTE RIDGE SUBDIVISION TO THE SOUTH)(CONSIDERATION AND/OR
POSSIBLE ACTION)
6.** REQUEST F RO M MR. &MRS. STEVEN PETERSON FOR A TEMPORARY WAIVER THE NO ACCESS EASEMENT TO THEIR PROPERTY FROM COPPER CREEK
OF REEK BLOCK H (1312 W. SEVEN
TO THEIR LOT (LOT #5)
TRAIL IN COPPER C
FALLS
PLACE) CONSIDERATION AND/OR POSSIBLE ACTION
TOWN MANAGER'S REPORT
ENGINEER'S REPORT
BUILDING OFFICIAL'S REPORT
PLANNING & ZONING DIRECTOR'S REPORT
POLICE CHIEF'S REPORT
COUNCIL COMMITTEE REPORTS
(AccordingCALL TO AUDIENCE - to the Arizona Open Meeting Law, the Town
• matters listed on the Town Council Agenda. Matters brought up
Council may only discuss as theyhave
to Audience cannot be discussed by the Town Council
by the public under Call whole Council, not a
agenda. Anyitems must be addressed to the
not been placed on the g speak during Call to Audience, please s ecifv what you wish
In order to p
specific member.
to discuss completing i when the blue speaker card.)
ADJOURNMENT
POSTED: 01/30/98
4:30 P.M.
RG
AMENDED AGENDA POSTED: 2/3/98
3:00 P.M.
RG
listed above is available for public inspection at least 24
A packet of agenda materials as hours of
• meetingin the office of the Town Clerk between the
hours prior to the Council
8:30 a.m. - 5:00 p.m.
complies with the Americans with Disabilities Act (ADA). If any
The Town of Oro Valley lier
• • anytype of accommodation, please notify Kathryn Cuvelier,
person with a disability needs
Town Clerk, at 297-2591.
Instructions to Speakers
Members of the public have the right to speak during any posted public hearing. However,
public items not listed as a hearing are for consideration and action by the Town
Council
during the course of their business meeting. Members of the public may be allowed
P
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 urin 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 stateY our name and address for the record.
•
onlyon the issue currently being discussed by Council. Please organize
2. Speak
your speech, youonly
will 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.
publicp
e thspeaking must speak in a courteous and respectful
5. Any member of
manner to those present.
Thank you for your cooperation.
AGENDA
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
FEBRUARY 04, 1998
ORO VALLEY COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 7:00 P.M.
CALL TO ORDER
ROLL CALL
UPCOMING MEETING ANNOUNCEMENTS - TOWN MANAGER
ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING
1. CONSENT AGENDA
(Consideration and/or possible action)
A. Minutes - 01/21/98; 01/28/98
B. Finance Report - 2nd Quarter Ended December 31, 1997
C. Approval of License Agreement for Vistoso Vista
2. PUBLIC HEARING- ORDINANCE NO. (0)98-05 TRANSLATIONAL ZONING OF
THE WEST LAMBERT LANE PARK SITE, A PORTION OF SECTION 10
TOWNSHIP 12 SOUTH RANGE 13 EAST, FROM PIMA COUNTY SR TO ORO
VALLEY R1-144,AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
(CONSIDERATION AND/OR POSSIBLE ACTION)
3. RESOLUTION NO. (R)98-06 APPROVAL OF GEOGRAPHIC INFORMATION
SYSTEM SERVICES FEE SCHEDULE (CONSIDERATION AND/OR POSSIBLE
ACTION)
4. APPROVAL OF PARTICIPATION IN THE AERIAL PHOTOGRAPHY CONTRACT
ADMINISTERED BY CITY OF TUCSON AND PIMA ASSOCIATION OF
GOVERNMENT (CONSIDERATION AND/OR POSSIBLE ACTION)
5. OV12-94-32 SUNRIDGE II - REQUEST TO AMEND LOCATION OF NO ACCESS
EASEMENT, LOTS 12, 19 & 50 (PROPERTY LOCATED NORTH OF TANGERINE
ROAD AND IMMEDIATELY WEST OF RANCHO VISTOSO, NEIGHBORHOOD 7,
THE SUBDIVISION LIES TO THE NORTH OF, AND IS ACCESSED THROUGH
THE COYOTE RIDGE SUBDIVISION TO THE SOUTH)(CONSIDERATION AND/OR
POSSIBLE ACTION)
TOWN MANAGER'S REPORT
ENGINEER'S REPORT
BUILDING OFFICIAL'S REPORT
PLANNING & ZONING DIRECTOR'S REPORT
POLICE CHIEF'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 beenp laced 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: 01/30/98
4:30 P.M.
RG
Agacket of agenda materials as listed above is available for public inspection at least 24
P
hoursp rior to the Council meeting in the office of the Town Clerk between the hours of
8:30 a.m. - 5:00 p.m.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any
person with a disability needs any type of accommodation, please notify Kathryn Cuvelier,
Town Clerk, at 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.
Ifou wish to address the Town Council on any item(s) on this agenda, please complete a
y
speaker card located on the Agenda table at the back of the room and give it to the Town Clerk.
p
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.
A
MINUTES 1)44)ORO VALLEY TOWN COUNCIL
AND 44P
*BOARD OF DIRECTORS FOR ORO VALLEY ,�
WATER IMPROVEMENT DISTRICT NO. 1
REGULAR SESSION
JANUARY 21, 1998
ORO VALLEY COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE •
REGULAR SESSION AT OR AFTER 6:00 P.M.
CALL TO ORDER 6:10 P.M.
ROLL CALL
PRESENT: Cheryl Skalsky, Mayor (Arrived at 6:55 p.m.)
Paul Parisi, Vice Mayor
Bill Kautenburger, Councilmember
Frank Butrico, Councilmember
EXCUSED Dick Johnson, Councilmember
EXECUTIVE SESSION AT OR AFTER 6:00 P.M.
MOTION: A MOTION was made by Councilmember Kautenburger and
SECONDED by Councilmember Butrico to go into Executive Session at 6:10 p.m.
for the following purpose:
1. Pursuant to ARS 38-431.03 (A)(3) regarding the status of Pygmy Owl matter as a result
of US Fish and Wildlife Service meeting with Pima Association of Governments
2. Pursuant to ARS 38-431.03 (A)(4) to obtain legal advice relating to litigation of
MDWID/OV#1 v.s. City of Tucson (Settlement Agreement)
Motion to adjourn to Executive Session carried 3 - 0.
MOTION: A MOTION was made by Councilmember Kautenburger and
SECONDED by Vice Mayor Parisi to go out of Executive Session at 7:12 p.m.
Motion carried, 4 - 0.
RESUME REGULAR SESSION
CALL TO ORDER 7:15 P.M.
ROLL CALL
PRESENT: Cheryl Skalsky, Mayor
Paul Parisi, Vice Mayor
Bill Kautenburger, Councilmember
01/21/98 Minutes, Council Regular Session 2
Frank Butrico, Councilmember
•
EXCUSED: Dick Johnson, Councilmember
UPCOMING MEETING ANNOUNCEMENTS
Town Manager Chuck Sweet announced the meetings for the upcoming week. He also reported
that a presentation would be held in the Council Chambers on January 22, 1998 at 7:00 p.m.
regarding the March 10, 1998 ballot proposition on Alternative Expenditure Limitation (Home
Rule Option.)
1. CONSENT AGENDA
Mayor Skalsky pulled Item J from the Consent Agenda.
A. Minutes - 01/07/98; 01/14/98
B. Police Report - December 1997
C. Approval of Landscape License Agreement - Canada Hills, Villages 17 & 18
D. Acceptance of Project No. 02-0197, Lambert Lane/Autumn Hills Intersection
Improvement and Incidental Work Thereof
E. Acceptance of Project No. 03-0197, First Avenue Right Turn Lane and Incidental
Work Thereof
F. Acceptance of Project No. 05-0197, 1997 Slurry Seal Program and Incidental
Work Thereof
G. Acceptance of Project No. 13-1195, Golden Gem Place Street Reconstruction and
Incidental Work Thereof
H. Resolution No. (R)98-03 Approval of Bank of America Line Extension
Agreement
I. Resolution No. (R)98-04 Approval of Casas Adobes Baptist Church Line
Extension Agreement
J. Approval of request from James J. Flynn for right-of-way permit for temporary
access from Linda Vista Boulevard to Lot 41, Logan's Crossing, 1121 W.
Saddlehorn Place (PULLED FOR DISCUSSION)
MOTION: Vice Mayor Parisi MOVED to approve the Consent Agenda, Items
A - I. Councilmember Butrico SECONDED the motion. Motion carried, 4 - 0.
CONSENT AGENDA ITEM J: Mayor Skalsky stated that she and Vice Mayor Parisi had
concerns regarding Mr. Flynn's request for the right-of-way permit. She stated that it is against
town policy and she is opposed to the request.
Vice Mayor Parisi stated that there have been times in the past where a right-of-way permit has
been granted but the neighbors supported the request. He stated that many residents are against
violating the no access easement in the Linda Vista Boulevard area. He felt that the permit
01/21/98 a Minutes, Council Regular Session 3
should not be granted unless it proved to be a safety hazard or of public concern.
Councilmember Kautenburger stated that a similar request was denied by Council a few months
prior and he felt that the Council should be consistent with their decisions.
In answer to a question by Councilmember Butrico, Town Engineer David Hook explained that
there was access to the property from the down-hill side but it was not accessible by vehicles.
He further explained that the Flynn's would have to haul the riprap material a long distance by
hand.
MOTION: Vice Mayor Parisi MOVED to deny the Flynn's request for a right-
of-way permit for temporary access from Linda Vista Boulevard. Councilmember
Kautenburger SECONDED the motion. Motion carried, 4 -0.
2. PROJECT #W02-0298 - AWARD OF CONTRACT FOR WATER MAIN EXTENSION
FOR NARANJA AND NORTH FIRST AVENUE
Town Engineer David Hook stated that staff recommends award of the Water Main Extension
Contract for Naranja Road and North First Avenue to NAC Construction in the amount of
$437,238.80.
MOTION: Councilmember Butrico MOVED to approve the award of the
contract of Project #W02-0298 to NAC Construction. Councilmember
Kautenburger SECONDED the motion. Motion carried, 4 - 0.
3. PUBLIC HEARING - ORDINANCE NO. (0)98-04 AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING WATER
UTILITY COMMISSION MEMBERSHIP AND AMENDING ARTICLE 3-6 AND
SECTION 15-4-3 OF THE ORO VALLEY TOWN CODE
Town Engineer David Hook stated that Ordinance No. (0)98-04 would modify two sections of
the Town Code to eliminate potential conflicts of interpretation of the Code and to address the
1997 consolidation issues that came about by combining the two water utilities into one central
utility.
Councilmember Butrico stated that he felt the amendments were necessary since the two water
utility companies were combined. He stated that it has become difficult to get qualified
volunteers to serve on the boards and commissions. Councilmember Butrico stated that when
someone with the expertise is willing to serve, the Town needs the flexibility to appoint those
qualified people to the boards.
Mayor Skalsky opened the public hearing. There being no speakers, the public hearing was
closed.
01/21/98 Minutes, Council Regular Session 4
MOTION: Councilmember Butrico MOVED to adopt Ordinance No. (0)98-04,
amending Article 3-6 and Section 15-4-3 of the Town Code. Councilmember
Kautenburger SECONDED the motion. Motion carried, 4 -0.
4. OV12-93-18 APPEAL OF DECISION OF DEVELOPMENT REVIEW BOARD
DECISION REGARDING PUSCH RIDGE APARTMENTS REVISED ARCHITECTURE
DENIAL
Senior Planner Bryant Nodine stated that the owners of the Pusch Ridge Apartments which are
located south of El Conquistador Way and west of Oracle Road have requested an appeal to the
decision of the Development Review Board. He explained that the completed apartments were
built with the second level stairway being enclosed with wrought iron. The original approved
plansprovided rovided for the stairways to be enclosed with a stucco finish. Mr. Nodine explained that
the details on the elevation showed a stucco walled finish but the plans showed a wrought iron
finish on the stairway.
Mr. Nodine explained that the Planning Staff was notified of the discrepancy "after the fact" and
staff informed the owners that they would need to receive the Development Review Board's
approval for the revised plans. The Development Review Board voted to deny the architectural
approval on January 13, 1998 for aesthetic reasons.
Mr. Emery Chukly, President of Pusch Ridge Apartments, stated that they are requesting an
appeal to the Development Review Board's decision. He explained that the Oro Valley Police
Department and Rural Metro Fire Department have recommended that the stairway remain as
built with wrought iron for safety considerations. Mr. Chukly also exhibited pictures and
explained that the wrought iron stairway blends with the wrought iron treatments throughout the
apartment complex. Mr. Chukly stated that the apartment complex's management company and
bonding company have stated that they would not be held responsible if something happened in
the stairway if they were enclosed.
In answer to a question from Vice Mayor Parisi, Chief Wolff stated that he would stand with
Officer Chuck Trujillo's recommendation to keep the stairway open with the wrought iron
treatment.
Mayor Skalsky opened the floor for public input.
The following citizens spoke against the appeal and asked Council to deny the request for
approval of the revised plans:
Shirley Diebold, 133 E. Horizon Circle
Don Rossi, 280 E. Suntree Villa Balboa
Martin Freedman, 10010 N. Albany
Herb Rutt, 160 E. Carolwood Drive
01/21/98 Minutes, Council Regular Session 5
MOTION: Councilmember Kautenburger MOVED to uphold the Development
Review Board's decision on OV 12-93-18, the Pusch Ridge Apartment's Revised
Architecture. Councilmember Butrico SECONDED the motion. Motion carried,
4 - 0.
5. APPROVAL OF LEASE AND BLUE STAKE AGREEMENT WITH TUCSON
ELECTRIC POWER COMPANY FOR THE INSTALLATION OF NEW LIGHTS IN THE
PARKING LOT AT DENNIS WEAVER PARK
Town Manager Chuck Sweet stated that approval of the agreement with TEP (Tucson Electric
Power Company) would authorize TEP to install parking lot lights at Dennis Weaver Park. He
explained that by entering into the lease agreement, the lighting would be installed by TEP at a
monthly fee (per pole) verses the capital expenses that would be incurred by the Town if it
installed the lighting on its own.
MOTION: Councilmember Kautenburger MOVED to execute the attached Lease
and Blue Stake Agreements with Tucson Electric and Power for the installation
of new lights in the parking lot at Dennis Weaver Park as recommended. Vice
Mayor Parisi SECONDED the motion.
DISCUSSION: Vice Mayor Parisi thanked Councilmember Kautenburger for his diligence in
resolving the lighting concerns at the park.
CALL FOR THE QUESTION:
Motion carried, 4 - 0.
6. OV12-96-5A RANCHO VISTOSO NEIGHBORHOOD 5, PARCEL B, LOTS 90-157
AND COMMON AREAS A & B, (A RE-SUBDIVISION OF LOTS 90-144) FINAL PLAT
(PROPERTY LOCATED IN THE NORTH-CENTRAL PORTION OF RANCHO
VISTOSO, ON THE SOUTH SIDE OF RANCHO VISTOSO BLVD., JUST SOUTH OF
NEIGHBORHOOD 12)
MOTION: Councilmember Kautenburger MOVED to approve OV 12-96-5A,
Rancho Vistoso Neighborhood 5, Parcel B Final Plat, Lots 90-157, and Common
Areas A & B, a re-subdivision of Lots 90-144, with those conditions listed in
Exhibits "A" and "B".
A) 1. Prior to recordation, the applicant shall submit a revised landscape plan demonstrating
trail connection to the Honey Bee Park Recreation Area.
2. General Note 1 shall be revised to include the gross area of the re-subdivision.
3. The case number OV 12-96-5A, shall be added to each sheet, and reference to OV 12-
97 deleted.
4. The title block shall be amended as follows: Rancho Vistoso Neighborhood 5, Parcel
01/21/98 Minutes, Council Regular Session 6
B Lots 90-157 and Common Areas A & B Being a Re-subdivision of Lots 90-144 and Common
Areas A & B of Rancho Vistoso Neighborhood 5, Parcel B, Lots 1-144 and Common Areas A,
B & C as recorded in Book 49 of Map and Plats at Page 27.
5. Approval must be received from all reviewing agencies prior to plat recordation.
6. The surveyor's and engineer's signatures shall appear on the appropriate certification
seals.
7. The plat shall be revised, satisfying the above conditions, numbers 1 thru 6, prior to
submittal of the mylar for recordation.
8. A data diskette containing parcel lines and subdivision boundaries, lot numbers, all
dimensions and street names,'in a DXF format, shall be submitted with the mylar for recordation.
B) 1. Easements shall be provided for the waterlines and the water utility shall be included
with other utilities in the dedication (regarding use of common area in paragraph 3 of the
dedication.)
2. New water plans shall be required.
3. Revised improvement plans shall be required.
4. A revised, or addendum to the drainage plan shall be required. It can be submitted
with the improvement plans.
5. The lot closure sheets and plat shall be checked against one another and revised as
necessary. The same shall be done for centerline data.
Vice Mayor Parisi SECONDED the motion. Motion carried, 4 - 0.
7. OV 13-97-70 LA CANADA DRIVE IMPROVEMENTS AMENDED LANDSCAPE PLAN
MOTION: Councilmember Butrico MOVED to approve OV 13-97-70, the
amended landscape plan associated with the La Canada Drive Improvement
Project, as forwarded by the Development Review Board. Councilmember
Kautenburger SECONDED the motion. Motion carried, 4 - 0.
8. OV13-97-70A LA CANADA DRIVE IMPROVEMENTS - NATIVE PLANT AND
SALVAGE PLAN
MOTION: Councilmember Butrico MOVED to approve OV 13-97-70A, the
Native Plant Salvage Plan for the undisturbed right-of-way associated with the La
Canada Drive Improvements, as forwarded by the Development Review Board.
Councilmember Kautenburger SECONDED the motion. Motion carried, 4 - 0.
9. ORO VALLEY PARKS AND RECREATION DEPARTMENT REQUEST FOR
APPROVAL OF A SIGN WAIVER FOR DENNIS WEAVER PARK
MOTION: Councilmember Kautenburger MOVED to approve the Parks and
Recreation Department's request for a sign waiver. Vice Mayor Parisi
SECONDED the motion. Motion carried, 4 - 0.
01/21/98 Minutes, Council Regular Session 7
RECESS REGULAR TOWN COUNCIL SESSION
Mayor Skalsky recessed the regular session of the Town Council at 7:55 p.m.
CONVENE OVWID #1 BOARD OF DIRECTORS MEETING
Mayor Skalsky convened the OVWID #1 Board of Directors Meeting at 7:55 p.m.
10. RESOLUTION NO. (R)98-OS APPROVAL OF LAWSUIT SETTLEMENT AND
TRUSTEE AGREEMENT - MDWID AND OV#1 VS. TUCSON
Town Attorney Tobin Sidles stated that the Council met in Executive Session regarding the
lawsuit settlement between Metropolitan Water and Oro Valley Water verses the City of Tucson
regarding the use of Central Arizona Water. He explained that the Council had requested further
legal questions be addressed. Mr. Sidles recommended a continuance of Resolution No. (R)98-OS
to a Special Session.
MOTION: Councilmember Butrico MOVED to continue Resolution No. (R)98-
OS to a Special Session. Councilmember Kautenburger SECONDED the motion.
DISCUSSION: Councilmember Butrico stated that there were far reaching implications for the
Town since the settlement agreement covered a 20 year period. He stated that he felt that the
language should be carefully studied.
Councilmember Kautenburger stated that there were important considerations to be made
regarding the Central Arizona Project (CAP) allotment. He said that he felt more time was
needed to study the agreement.
CALL FOR THE QUESTION:
Motion carried, 4 - 0.
ADJOURN OVWID #1 BOARD OF DIRECTORS MEETING
Mayor Skalsky adjourned the OVWID #1 Board of Directors meeting at 7:57 p.m.
RESUME REGULAR TOWN COUNCIL SESSION
Mayor Skalsky resumed the regular session of the Town Council at 7:57 p.m.
TOWN MANAGER'S REPORT
No report.
01/21/98 Minutes, Council Regular Session 8
ENGINEER'S REPORT
Town Engineer David Hook reported that the La Canada Drive Reconstruction Project has begun.
Two meetings have been scheduled for the businesses and residents to meet with the Arizona
Department of Transportation and Hunter Construction to answer any questions or concerns.
BUILDING OFFICIAL'S REPORT
No report.
PLANNING & ZONING DIRECTOR'S REPORT
No report.
POLICE CHIEF'S REPORT
No report.
COUNCIL COMMITTEE REPORTS
Councilmember Butrico stated that he hoped that the Town would try to minimize the impact to
the businesses during the La Canada Drive Reconstruction Project.
Vice Mayor Parisi reported that he would be attending the Chamber of Commerce retreat at
Biosphere II on January 29 and 30, 1998.
CALL TO AUDIENCE
No speakers.
ADJOURNMENT
There being no objections, Mayor Skalsky adjourned the regular session of the Town Council at
8:00 p.m.
Respectfully submitted,
•
Roxana Garrity, Deputy Town lerk
01/21/98 Minutes, Council Regular Session 9
I hereby certifythat the foregoing minutes are a true and correct copy of the minutes of
the regular meetingof the Town Council of Oro Valley, Arizona held on the 21st day of
g
January, 1998. I further certify that the meeting was duly called and held and that a
quorum was present.
Dated this day of , 1998
Kathryn E. Cuvelier, CMC
Town Clerk
MINUTES ; :.FT
SPECIAL SESSION
ORO VALLEY TOWN COUNCIL
AND
BOARD OF DIRECTORS FOR ORO VALLEY
WATER IMPROVEMENT DISTRICT NO. 1
JANUARY 28, 1998
ORO VALLEY TOWN COUNCIL CHAMBERS
ADMINISTRATION CONFERENCE ROOM (EXECUTIVE SESSION)
11,000 N. LA CANADA DRIVE
SPECIAL SESSION - AT OR AFTER 5:30 p.m.
CALL TO ORDER: 5:30 p.m.
ROLL CALL: Paul Parisi, Vice Mayor
Bill Kautenburger, Council Member
Frank Butrico, Council Member
Dick Johnson, Council Member
EXCUSED: Cheryl Skalsky, Mayor
EXECUTIVE SESSION - AT OR AFTER 5:30 p.m.
A MOTION was made by Council Member Kautenburger and SECONDED by Councilmember
Johnson to go into an Executive Session at 5:31 p.m. pursuant to ARS 38-431.03 (A)(4) to obtain
legal advice relating to litigation of MDWID/OV#1 v.s. City of Tucson (Amended and Restated
Settlement Agreement & Amendment No. 1 to Amended and Restated Settlement Agreement)
MOTION carried 4 - 0.
A MOTION was made by Council Member Kautenburger and SECONDED by Council Member
Butrico to adjourn out of Executive Session at 6:00 p.m. MOTION carried 4 - 0.
Vice Mayor Parisi resumed the Special Session at 6:00 p.m.
1. RESOLUTION NO. (R)98-OS APPROVAL OF AMENDED AND RESTATED
SETTLEMENT AGREEMENT AND AMENDMENT NO. 1 TO AMENDED AND
RESTATED SETTLEMENT AGREEMENT BETWEEN MDWID,ORO VALLEY WATER
IMPROVEMENT DISTRICT NO. 1 AND THE CITY OF TUCSON (CONSIDERATION
AND/OR POSSIBLE ACTION)
MOTION: Council Member Butrico MOVED to approve Resolution (R)98-05, which is the
amended and restated Settlement Agreement and the First Amendment to the
Amended and Restated Settlement Agreement and our approval is contingent upon
01/28/98 Minutes, Council Special Session 2
approval of the City of Tucson and Metropolitan Domestic Water Improvement
District of the First Amendment. MOTION SECONDED by Council Member
Kautenburger. MOTION carried 4 - 0.
ADJOURNMENT
MOTION: Councilmember Kautenburger MOVED to ADJOURN the special session at 6:01
p.m. MOTION SECONDED by Councilmember Butrico. MOTION carried 4 -
0.
Respectfully submitted,
•
Kathryn Cuvelier, CMC
Town Clerk
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of
the special meeting of the Town Council of Oro Valley, Arizona held on the 28th day of
January, 1998. I further certify that the meeting was duly called and held and that a
quorum was present.
Dated this 30th day of January , 1998
Kathryn E. Cuvelier, CMC
Town Clerk
B
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: February 4, 1998
TO: HONORABLE MAYOR& COUNCIL
FROM: David L. Andrews, Finance Director
SUBJECT: Finance Report—2nd Quarter Ended December 31, 1997
SUMMARY:
Attached to this communication is the Finance Report for the second quarter ended of fiscal year 1997/98.
GENERAL FUND:
Revenues are tracking to budget and may exceed budgeted amounts based on 2nd quarter performance.
> Residential building permit fees are estimated to exceed budget by$105,000 and are up 16.2% over
the same quarter of last year.
> Hotel/motel sales tax including bed taxes are up 5.5% over the same quarter of last year.
> Retail sales taxes are tracking at approximately 92% of their$500,000 annual budget.
state shared sales tax will probably not meet budget by approximately $19,000. State shared income taxes will
meet budget.
Federal and state grant revenues are below budget due to timing differences in collecting funds from various
agencies. Grant revenues are expected to meet budget by year-end.
Overall, General Fund revenues are expected to exceed budget by approximately $780,000 based on mid-year
estimates. $680,000 is related to retroactive county auto lieu tax collections.
> Departmental expenditures are tracking to budget.
Other Funds
> State shared fuels taxes are estimated to not meet budget by $191,000.
> Highway Fund expenditures included $63,976 for the 1997 Slurry Seal Program and a lease-
purchase in the amount of$95,443 for a 950 Wheel Loader. Capital improvement expenditures are
below budget.
> Public Transportation Fund revenues and expenses are tracking to budget.
> Townwide roadway impact fees, alternative water impact fees and water connection fees revenues
are expected to meet or exceed budget.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION PAGE 2 OF 2
Oro Valley Water Utility
• Water revenues are exceeding budget.
• Capital expenses are below budget.
• Retained earnings has increased by $216,000. Cash is exceeding budget by $1,494,000.
Please give me a call should you have any questions.
Lt4A.nzi
David L. Andrews
Finance Director
(LeZefr----
Chuck Sweet
Town Manager
CC: Chuck Sweet, Town Manager
All Department Heads
Town of Oro Valley
GENERAL FUND
Budget Compared to Actuals Report
Through December 31, 1997
Percentage
of Year
Completed
6/12=50.0%
1997/98 Percentage
December Y-T-D Total of Budget
Actuals i Actuals Budget Completed
REVENUES: _
Local Taxes $ 299,537 $ 1,378,178 $ 3,196,000 43.1%
State/County Shared 299,334 2,019,710 3,301,000 61.2%
Fines 12,402 100,626 236,000 42.6%
Licenses&Permits 92,440 455,595 810,500 56.2%
Charges for Services 19,066 138,856 189,850 73.1%
Federal Grants 41,336 46,395 268,034 17.3%
State Grants 11,165 28,908 145,000 1 19.9%
Interest Earnings 15,127 90,062 150,000 60.0%
Miscellaneous 400 26,284 33,500 78.5%
Financing From Leases - - 110,000 0.0%
Carryforward 3,864,409
TOTAL REVENUES 790,807 4,284,614 12,304,293 50.8%
EXPENDITURES:
Town Council1,754 30,496 95,348 32.0%
_
Town Clerk 13,389 79,989 229,064 34.9%
)Magistrate Court22,118 141,383 278,099 50.8%
_
Town Manager 22,008 142,087 328,863 43.2%
Finance 31,612 179,765 498,163 36.1%
Legal 12,017 109,081 242,589 45.0%
Planning&Zoning 50,973 241,933 564,582 42.9%
Parks&Recreation 36,756 251,421 582,959 43.1%
Police 291,419 1,736,078 4,018,654 43.2%
Building Safety 23,762 161,227 365,843 44.1%
Public Works 16,043 104,395 244,710 42.7%
Custodial&Facility Maintenance 21,222 44,834 140,659 31.9%
General Administration:
Operations&Maintenance 10,098 81,761 196,911 41.5%
Improvements - 24,972 62,000 40.3%
Vehicles&Equipment 529 6,004 30,500 19.7%
Transfers to Other Funds 150,000 778,941 778,941 100.0%
Contingency/Reserve
3,646,408
TOTAL EXPENDITURES $ 703,700 $ 4,114,367 $ 12,304,293 47.5%
4 4 -
REVENUES LESS EXPENDITURES $ 87,107 $ 170,247
FUND BALANCE AT JULY 1,1997 $ 4,563,577
CURRENT FUND BALANCE $ 4,733,824
Town of Oro Valley
HIGHWAY FUND
Budget Compared to Actuals Report
Through December 31,1997
Percentage
of Year
Completed
6/12=50.0%
1997/98 Percentage
December Y-T-D Total of Budget
Actuals Actuals Budget Completed
REVENUES:
State Shared Fuels Tax $ 112,115 $ 551,110 $ 1,514,000 36.4%
State and Federal Grants - - 282,000 0.0%
Other Revenues 6,942 45,771 33,200 137.9%
Financing From Leases 92,500 92,500 165,000 56.1%
Carryforward of Fund Balance 800,102
TOTAL REVENUES 211,557 689,381 2,794,302 34.6%
EXPENDITURES:
Personnel 33,283 196,980 421,730 46.7%
Operations&Maintenance 14,726 138,136 378,442 36.5%
Street Improvements 63,976 95,402 123,000 77.6%
Capital Improvements 496 30,123 1,119,500 2.7%
Equipment&Vehicles 127,256 138,889 210,800 65.9%
Lease Purchase Payments 27,733 27,733 62,430 44.4%
Contingency 478,400
TOTAL EXPENDITURES $ 267,470 ▪ $ 627,263 $ 2,794,302 27.1%
REVENUES LESS EXPENDITURES $ (55,913) $ 62,118
FUND BALANCE AT JULY 1, 1997 $ 1,016,534
CURRENT FUND BALANCE • $ 1,078,652
Town of Oro Valley
OTHER FUNDS
Budget Compared to Actuals Report
Through December 31,1997
Percentage
of Year
Completed
6/12=50.0%
1997/98 Percentage
PUBLIC TRANSPORTATION FUND December Y-T-D Total of Budget
Actuals Actuals Budget Completed
REVENUES:
Local Transportation Assistance Funds $ 14,884 $ 83,152 $ 140,000 59.4%
Other 4,542 10,095 3,600 280.4%
Carryforward of Fund Balance 30,751
TOTAL REVENUES 19,426 93,247 174,351 64.9%
EXPENDITURES:
Personnel 6,217 33,925 77,862 43.6%
Operations&Maintenance 6,885 14,122 44,754 31.6%
Equipment - - 10,125 0.0%
Contingency 41,610
TOTAL EXPENDITURES $ 13,102 $ 48,047 $ 174,351 36.2%
REVENUES LESS EXPENDITURES $ 6,324 $ 45,200
FUND BALANCE AT JULY 1, 1997 $ 40,971
CURRENT FUND BALANCE $ 86,171
1997/98 Percentage
TO WNWIDE ROADWAY DEVELOPMENT December Y-T-D Total of Budget
IMPACT FEES Actuals Actuals Budget Completed
REVENUES:
Interest-Investments $ 10,569 $ 67,933 $ 50,000 135.9%
Development Impact Fees 89,640 527,477 1,000,000 52.7%
Transfer from Capital Project Fund - 2,994,525 2,967,978 100.9%
TOTAL REVENUES 100,209 3,589,935 4,017,978 89.3%
EXPENDITURES:
Improvements - - 77,000 0.0%
Contingency - - 3,940,978
TOTAL EXPENDITURES $ - $ - $ 4,017,978 0.0%
REVENUES LESS EXPENDITURES $ 100,209 $ 3,589,935
FUND BALANCE AT JULY 1, 1997 $ 123,865
CURRENT FUND BALANCE $ 3,713,800
Town of Oro Valley
OTHER FUNDS
Budget Compared to Actuals Report
Through December 31,1997
Percentage
of Year
Completed
6/12=50.0%
1997/98 Percentage
ALTERNATIVE WATER RESOURCES December Y-T-D Total of Budget
DEVELOPMENT IMPACT FEES Actuals Actuals Budget Completed
REVENUES:
Development Impact Fees $ 18,492 1 $• 142,615 $ 175,500 81.3%
Other 781 4,257 1 - 100.0%
Carryforward of Fund Balance 112,500
TOTAL REVENUES 19,273 146,872 288,000 51.0%
EXPENDITURES:
Outside Professional Services - 1,975 100,000 2.0%
Improvements - - 188,000
TOTAL EXPENDITURES $ - $ 1,975 $ 288,000 0.7%
REVENUES LESS EXPENDITURES $ 19,273 $ 144,897
FUND BALANCE AT JULY 1, 1997 $ 141,377
CURRENT FUND BALANCE i $• 286,274
1997/98 Percentage
ORO VALLEY WATER December Y-T-D Total of Budget
CONNECTION FEES Actuals Actuals Budget Completed
REVENUES:
Connection Fees $ 18,580 1 $• 165,143 $ 241,250 68.5%
Other 869 1 4,718 - 100.0%
Carryforward of Fund Balance (59,500)
TOTAL REVENUES 19,449 169,861 181,750 93.5%
.
EXPENDITURES:
Improvements 15,916 31,595 161,500 19.6%
Contingency 20,250
TOTAL EXPENDITURES $ 15,916 $ 31,595 $ 181,750 17.4%
REVENUES LESS EXPENDITURES $ 3,533 $ 138,266
FUND BALANCE AT JULY 1, 1997 4 $• 162,361
CURRENT FUND BALANCE $ 3 00,627
Town of Oro Valley
ORO VALLEY WATER UTILITY
Budgeted Income Statement
Through December 31,1997
Percentage
of Year
Completed
6/12=50.0%
1997/98 Percentage
December Y-T-D Total of Budget
Actuals Actuals Budget Completed
OPERATING REVENUES:
Water Revenues $ 285,211 $ 2,113,691 $ 4,079,701 51.8%
Other 9,020 104,336 144,400 72.3%
TOTAL REVENUES 294,231 2,218,027 4,224,101 52.5%
OPERATING EXPENSES:
Cost of sales&services 136,056 795,756 1,946,421 40.9%
Depreciation&Amortization 95,343 572,059 1,227,141 46.6%
TOTAL OPERATING EXPENSES 231,399 1,367,815 3,173,562 43.1%
OPERATING INCOME 62,832 850,212 1,050,539 80.9%
NONOPERATING REVENUES(EXPENSES)
Interest Income 21,194 112,876 90,000 125.4%
Interest Expense 124,481 746,888 1,494,100 50.0%
TOTAL NONOPERATING REVENUES
(EXPENSES) (103,287) (634,012) (1,404,100)
NET INCOME $ (40,455) $ 216,200 $ (353,561)
RETAINED EARNINGS AT July 1, 1997 $ 477,784 $ 477,784
CURRENT RETAINED EARNINGS $ 693,984 $ 124,223 _
CAPITAL BUDGET
Machinery&Equipment $ - $ 20,643 $ 30,175 68.4%
Vehicles - 922 129,000 0.7%
Meters 84 25,183 45,000 56.0%
Wells 56,232 59,746 295,000 _ 20.3%
Booster Stations 54,273 55,848 90,000 62.1%
Transmission/Distribution Main - 91,569 95,000 ~ 96.4%
Reservoirs - 11,777 150,000 7.9%
Hydrants - - 45,000 0.0%
TOTAL CAPITAL BUDGET $ 110,589 $ 265,688 $ 879,175 30.2%
Town of Oro Valley
ORO VALLEY WATER UTILITY
Statement of Cash Flows
Through December 31, 1997
Total
Actual Budget
Cash at July 1, 1997 $ 4,058,988 $ 2,846,276
Total Cash Collections 444,191 4,314,101
Total Cash Payments 268,591 4,419,696
Net Change in Cash 175,600 (105,595)
Current Cash Balance $ 4,234,588 $ 2,740,681
r___
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: February 4, 1998
TO: HONORABLE MAYOR & COUNCIL
FROM: Steven Faaborg, Civil Engineering Technician
SUBJECT: License Agreement for Vistoso Vista
SUMMARY:
The Vistoso Community Association has requested authorization to install entrance
improvements including masonry walls, landscaping and irrigation within the Town Right-of-
Way along Rancho Vistoso Boulevard at Vistoso Village Drive.
The License Agreement makes it clear that the Vistoso Community Association has sole
responsibility and all liability for injuries or damages caused by the encroachments in the Town
Right-of-Way and also bears the sole cost and expense of all 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 be required 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.
ATTACHMENTS:
License Agreement, Certificate of Insurance, drawings of proposed layout
FISCAL IMPACT:
None
RECOMMENDATIONS OF STAFF:
The Department of Public Works staff has no objection to this installation provided a license
agreement is entered into per the TownCode.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION PAGE 2 OF 2
SUGGESTED MOTION:
The Council may wish to consider one of the following motions:
I move to approve the License Agreement granting Vistoso Community Association
authorization to install entrance improvements including masonry walls, landscaping and
irrigation within the Town Right-of-Way along Rancho Vistoso Boulevard at Vistoso Village
Drive, with the understanding that the Town has no obligation to maintain these items and
that the Licensee (Vistoso Community Association) has the full responsibility of maintaining
said improvements, under the stipulations outlined in the License Agreement.
or
I move to deny the License Agreement granting Vistoso Community Association authorization
to install entrance improvements including masonry walls, landscaping and irrigation within
the Town Right-of-Way along Rancho Vistoso Boulevard at Vistoso Village Drive.
Q.
De.. ent Hea•
Town Manage
FRV1 : 0. V.P. W.D. PHONE NO. : 797 2202 Jun. 13 1997 12:13PM P2
LI CENS.
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 -
o e'1�lfa,77-c> .�,
hereinafter called the LICENSEE.
WITNESSETH:
THAT WHEREAS, the licensors are the owners of the land h reinafter
described, said and havin• been dedicated as 1N.}11/4., p y --cos.z)
o � �, � '-ktAv
WHEREAS, aP ortion of said right-of-way is requested to be
encroached upon by
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 Li censors do hereby grant and demise to the Licensee,
and privilege, for the
his heirs and assigns, a permit, license
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 1 s-T t o r
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 in 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
FROM : 0.U.fl.W.D. PHONE NO. : 797 2202 Jun. 13 1997 12:15PM P1
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 said policy shall be
maintained throughout the term of this License by the Licensee
or the Licensees successors . 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) daysrior to
cancellation andp
Licensee is required to remove all
encroachments at their expense within sixty (6 0) days of
notification.
11. The permittee will abide by all applicable local, state and
federal ordinances, statutes, and regulations .
12. Approval of this License is subject to compliance with
conditions and p all
co
provisions of the approved plans and
specifications which by this reference are incorporated and
made a part hereof.
p
13 . Encroachments will be maintained by Licensee and shall not
interfere with safe sight distance.
IN WITNESS WHEREOF, these presents have been:
_FROM 6.U.f'.W.D. PHONE NO. : 797 2202 Jun. 13 1997 12:15PM P2
Executed by LICENSE this
day of J41071 , 19" 74.
LICENSEE: 1 S,-rte M �`'� A„, o c_- ®�►
BY '
STATE OF ARIZONA)
irmfluz?.&) ss
COUNTY OF )
SUBSCRIBED AND SWORN to before me this A day of --NP4'-`) 19°17.
by
fiwL {',
who is known to me or has satisfactorily identified himself t
o be
(tcr)
mu� �
(Position) (Company lame)
()?/tA,61-1,/-)
NOTARY 7 `C KAY/S. ETHERIDGE
t041)
c Notary Public-Arizona
MY COMMISSION EXPIRES: MMARICOPA COUNTY
y Commission Expires
3
! AUGUST 10,2001
LICENSORS:
The Town of Oro Valley
By.
Mayor
ATTEST:
• Date:
Clerk of Town of Oro Valley -�
APPROVED AS TO FORM
Town Attorney
•
CL .AERCIALCERTIFICATE OF INSW .CE ISSUe Uate liVlt IYY)
__ N__
AGENCY � ./97
. Edward --
J. 7 raZ3t:3trh1 Insurance n�3c�'�'l'�Ctr' Agency
i ,
Name 50140 P Shea -v •a Suite 262 This certificate is issued as a matter of information only and confers no rights
Scottsdale, AZ 324 upon the certificate holder. This certificate does not amend,extend or alter the
dress coverage afforded by the policies shown below.
88 18 368 COMPANIES PROVIDING COVERAGE:
STDIST. AGENT LETTER A TRUCK INSURANCE EXCHANGE
INSURED LETTERCOMPANY B FARMERS INSURANCE EXCHANGE
Name
.C/0 lilvi s lignt Resources Inc. EE TERNv G MID-CENTURY INSURANCE COMPANY
. 7925—A Oracle Rd 7391
Address ,Tucson, AZ 85704 `E TEANY
D .
_ _ _____ _____- ......., ___ --- ....-, ......
COVERAGESINDICATED NOTWITHSTANDING
THEPOL'C:ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE
BOFOR THEMASE Y PERIODUED OR INDI PERTAIN, WI INSURANCEANDNG
THIS ANY IS U CERTIFY THAT �"RACT CR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
ArFOROED
BY REQUIREMENT,TERM OR DESCRIBED
OF HEREIN CC'S BJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH.POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED
AFFRDED THE POLICIES DESCRIBED IS �U�
BY PAID CLAIMS .- -~-�- POLICY LIMITS
POLICY EFFECTIVE POLICY EXPIRATION
CO. TYPE OE INSURANCE POLICY NUMBER DATE(MWDDNY) DATE(MMI00lYY}
LTR, GENERAL x GLOM �`^-GLOM8 2,
LIABILITY 0155 2 03/24/97 02/24/98 AGGREGATE , ,3
COMMERCIAL GENERAL INABILITY #ADDUCTS COMP/OPS
w
--OCCURRENCE VERSIONRS10VERSIONAGGREGATE $ s.�` :.rte
CONTRACTUAL .INCIDENTAL ONLY PERSONAL&
ADVERTISING}N,1uRY $ 1,000, �
OWNERSCONTRACTORS PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one F;re), $ 50,000
MEDICAL EXPENSE
{Any one person) $ 5,DOC
COMBINED
SINGLE I..Ih1IT �
AUTOMOBILE LIABILITY f
ALL OWNED COMMERCIAL AUTOS BODILY INJURY
(PER PERSON) $
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
(PER ACC:DErIT) $
UTOS
GARAGE BION-OWNED AGARAGEIABILITY ' PROPERTY DAMAGE $
GARAGE AGGREGATE , $
LIMIT $
U McREtLA aB1LIT`�
,,, _ .. STATUTORY
WORKERS'COMPENSATION EACH ACCIDENT $
AND I DISEASE-EACH EMPLOYEE $
E,AIIPLOYERS'LIABILITY DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONSIVEKIC ISIRESSRICTIORSISPECIAL ITEMS:
Right of—way for Rancho
Vistos& Blvd. and Vistoso Village Drive for installing masanrY,
' landscaping and irrigation.
CERTIFICATE HOLDER CANCELLATIONSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
EHE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN p OTICE TO BT.HE CERTIFICATEN ORR LIABILITY HOLDER
Name Town of Oro '��tll�y' NAMED TO THE LEFT,BUT FAILURE TO MAIC SUCH NOTICE SHALL IMPOSE E NOOF
& Al Additional T 14 ANY KING UPON THE COMPANY,ITS AGENTS OR REPRESENTATIvES.
Address 1.1000 N Lia Canada Drivei.-
Oro V'al y ,. -
�/IRMI�f l
-,-hl.; •tr AUTHORIZED REPRESENTATIVE t;
afl6 13.51
Ed WtOS�:bar fz66 T SE 'nON 6 T SS+T S6 E09 : 'ON 3NOHd 3ONbdf1SN I I HOSiflt i f Qddr1Q3 : W0d�
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TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: February 4, 1998
TO: HONORABLE MAYOR & COUNCIL
FROM: Bryant Nadine, AICP, Senior Planner
SUBJECT: ORDINANCE (0)98- 05 , TRANSLATIONAL ZONING OF THE WEST LAMBERT
LANE PARK SITE FROM PIMA COUNTY SR TO ORO VALLEY R1-144
BACKGROUND:
On October 23, 1996, the Town of Oro Valley annexed a 38-acre, vacant parcel, which it already owned, known
as the West Lambert Lane Park Site (see the attached map). In accordance with State Statutes, after annexing an
area, the Town is required to change, or "translate", the area's zoning from Pima County zoning designations to
the closest equivalent Oro Valley zoning designation.
The surrounding land uses are:
North Canada Hills Village 10, a 3.6 dwelling-unit-per-acre (du/ac) subdivision zoned PAD.
East Canada Hills (PAD) vacant land, with a partially built 5.6-du/ac subdivision and developed C-2
area(Children's World and Walgreen's) farther to the east.
South Lambert Lane, with the Rancho Feliz No. 5 subdivision (R1-36) across Lambert Lane
West Vacant land in unincorporated Pima County zoned CR-2 (up to 2.5 du/ac).
The only recent rezoning in the area is the Canada Crossroads rezoning from R1-144 to C-N, on the southwest
corner of Lambert and La Canada.
Notices have been mailed to all property owners within 600 feet. As of January 28, 1998, no responses have
been received.
PLANNING AND ZONING COMMISSION ACTION:
The Planning and Zoning Commission considered the translational zoning on January 6, 1998. The
Commission unanimously recommended approval of the translational zoning. An excerpt of the Commission
minutes is attached herewith.
GENERAL PLAN CONFORMANCE:
Staff has evaluated the translational zoning against the General Plan Land Use Map and the policies of the various
elements. We find that the translation to R1-144 meets the goals and objectives set forth in the Focus 2020
General Plan.
Land Use Map
The R1-144 district is not identical to the General Plan's recommendation that the site be used for Park/Open
Space uses therefore Staff proposes adding the condition that the uses on this property would be limited to facilities
related to community park and recreational purposes.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 2 of 2
Parks, Open Space, and Recreation
Lack of park facilities and recreational amenities were identified as existing conditions in the Town of Oro Valley
General Plan. This site will serve as a community park for the Town thus helping to meet Policy 6.3A--Provide
equitable opportunities for all residents to pursue recreational activities.
STAFF RECOMMENDATION:
Finding that the proposed R1-144 zoning is the closest equivalent to the existing Pima County SR zoning,
planning staff recommends adoption of this ordinance with the condition mentioned above to bring it into
compliance with the General Plan.
SUGGESTED MOTION:
The Council may wish to consider the following motions:
I move to adopt Ordinance (0)98- 05 , the translational zoning of the West Lambert Lane Park Site from Pima
County SR to Oro Valley R1-144 with the permitted uses limited to facilities related to community park and
recreational purposes.
OR
I move to adopt Ordinance (0)98- 05 , the translational zoning of the West Lambert Lane Park Site from Pima
County SR to Oro Valley R1-144 with the permitted uses limited to facilities related to community park and
recreational purposes, with the following amendments:
OR
I move not to adopt the translational zoning of the West Lambert Lane Park Site from Pima County SR to Oro
Valley R1-144 with the permitted uses limited to facilities related to community park and recreational purposes
and to deny Ordinance No. (0)98- 05, finding that:
ATTACHMENTS:
1. Ordinance No. (0)98- 05
2. Location Map
3. Excerpt of Minutes from the January 6, 1998 Planning and Zoning Commission Hearing
i AA
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1
De ment Head
Town Manager
F:\OV\OV9\1997\9-97-12\TZ_TC.rpt
ORDINANCE NO. (0)98- 05
AN ORDINANCE AMENDING THE TOWN OF ORO VALLEY ZONING MAP BY
CONDITIONALLY REZONING THAT PROPERTY KNOWN AS THE WEST LAMBERT
LANE PARK SITE, A PORTION OF SECTION 10 TOWNSHIP 12 SOUTH RANGE 13
EAST, FROM PIMA COUNTY SR TO ORO VALLEY R1-144, AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, that certain real property known as the West Lambert Lane Park Site, approximately 40
acres in size, is currently zoned Pima County SR; and
WHEREAS, after annexing an area, the Town is required to change, or "translate", the area's zoning
from Pima County zoning designations to the closest equivalent Oro Valley zoning designation; and
WHEREAS, the Planning and Zoning Commission, considered said application and request at a duly
noticed public hearing, in accordance with State Statutes, and made its recommendations to the Town
Council; and
WHEREAS, the Oro Valley Town Council has considered the translational zoning at a duly noticed
public hearing and finds that it is consistent with the Town's General Plan and Ordinances,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE
TOWN OF ORO VALLEY:
SECTION 1: That certain real property, known as the West Lambert Lane Park Site, is hereby rezoned
to R1-144 with the permitted uses limited to facilities related to community park and recreational
purposes.
SECTION 2. The effective date of the rezoning 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 Land Use Map amendment adopted herein is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION 4. That all ordinances and parts of ordinances in conflict herewith be repealed to the extent
of such conflict.
PASSED AND ADOPTED by Mayor Ma or and Council of the Town of Oro Valley, Arizona this 4`''_day
of February , 1998.
Cheryl Skalsky, Mayor
ATTEST:
Kathryn Cuvelier, Town Clerk
APPROVED AS TO FORM:
Tobin Sidles, Town Attorney
F:\O\A0V9\1997\9-97-12\TZ_TC.rpt
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EXCERPT OF MINUTES OF THE
ORO VALLEY PLANNING AND ZONING COMMISSION MEETING
January 6, 1998
PUBLIC HEARING: OV9-95-45 TRANSLATING ZONING ON THAT PROPERTY
RECENTLY ANNEXED INTO THE TOWN OF ORO VALLEY KNOWN AS THE WEST
LAMBERT LANE PARK SITE FROM PIMA COUNTY SR TO ORO VALLEY R1-144
Bryant Nodine introduced the staff report into the record. He explained that in October 1996, the
Town annexed a 38-acre, vacant parcel, which it already owned. In accordance with State
Statutes, after annexing the area, the Town is required to change, or "translate" the area's zoning
from Pima County zoning designations to the closest equivalent Oro Valley zoning designation.
Finding that the proposed R1-144 meets the goals and objectives set forth in the Focus 2020
General Plan, staff recommends approval of the request.
PUBLIC HEARING OPENED
Carl Cox, 1727 W. Wimbledon Way, asked if this zoning would be similar to the zoning for the
otherp ark located on Lambert Lane, between La Canada and First Avenue. Mr. Nodine replied
that it would be exactly the same; however, a condition has been placed on it requiring that the
uses on this property be limited to facilities related to community park and recreational purposes.
Charlie Birdsel, 1783 W. Wimbledon Way, asked Mr. Nodine to explain the difference based on
the condition. In response, Mr. Nodine stated that this park will be designed as a community
park, providing equitable opportunities for all residents to pursue recreational activities. In
addition, the design of the park will go through the development review procedure for review and
approval.
PUBLIC HEARING CLOSED
Bill Moody asked if it was advisable to have a park in this location when there are currently plans
to construct another right down the street. He asked if the Council had already planned the park
further east on Lambert when they purchased this site. He was concerned that later down the
road, the Town may want to sell or swap the land and thought this condition may be hindering.
Bryant Nodine explained that if the property were swapped or sold, it would have to be rezoned
anyway and a General Plan amendment would be required, if the site were no longer used for a
park.
MOTION: Moved, seconded (Wiant/Dice) and carried by a 7-0 vote to forward a
recommendation of approval to the Council, for OV9-97-12, the translational zoning of the
West Lambert Lane Park site from Pima County SR to Oro Valley R1-144 with the
permitted uses limited to facilities related to community park and recreational purposes.
TOWN OF ORO VALLEY 3
COUNCIL COMMUNICATION MEETING DATE: February 4, 1998
TO: HONORABLE MAYOR & COUNCIL
FROM: Bryant Nodine, AICP, Senior Planner
Resolution No. (R)98-06
SUBJECT: GEOGRAPHIC INFORMATION SYSTEM SERVICES FEE SCHEDULE
SUMMARY:
Requests for products from the Town's geographic information system (GIS) have increased significantly in the
last year. Accordingly, Staff proposes that we now assess a fee to cover the material and labor costs of GIS
services. The proposed fees are:
PRODUCT COST
General Plan Map, 11x17, color $2.00
Zoning Map, 24x36, gray-scale $5.00
Town map, 24x36, color (Zoning, Streets, or General Plan) $10.00
Custom map (may include spreadsheet) $25.00
Custom project requiring mapping and analysis variable
Data diskette, 3 '/2" $2.00
Spreadsheet, hardcopy $2.00
RECOMMENDATIONS:
Staff recommends that the Town Council adopts the above fee schedule for GIS services.
SUGGESTED MOTION:
I move to adopt Resolution No. (R)98-06.
OR
I move to adopt "Resolution No. (R)98-06 with the following changes: .
OR
I move to not adopt Resolution No. (R)98-06.
i / /
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1 I, ‘' I ''' L ' i----f.-- — aill
Departm- t Heal, lip
4-atc"--
Town Manager
F:\G 1 S\DOCS\Fees_TC.rpt
RESOLUTION NO. (R)98-06
A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA,
ESTABLISHING FEES TO BE CHARGED FOR THE PROVISION OF
GEOGRAPHIC INFORMATION SERVICES BY THE TOWN
WHEREAS, the Oro Valley Town Council is empowered to establish fees for services provided by the
Town; and
WHEREAS, it is appropriate to establish fees for services that benefit specific individuals and firms to a
greater amount than the Town as a whole,
THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO
VALLEY:
SECTION 1: That the Geographic Information System Services Fee Schedule shown below will become
effective upon passage of this resolution.
PRODUCT COST
General Plan Map, 11x17, color $2.00
Zoning Map, 24x36, gray-scale $5.00
Town map, 24x36, color (Zoning, Streets, or General Plan) $10.00
Custom map (may include spreadsheet) $25.00
Custom project requiring mapping and analysis variable
Data diskette, 3 1/2" $2.00
Spreadsheet, hardcopy $2.00
SECTION 2. That, if any portion of the fee schedule adopted herein is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions thereof.
SECTION 3. That all fee schedules in conflict herewith be repealed to the extent of such conflict.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 4th day of—
February , 1998.
Cheryl Skalsky, Mayor
ATTEST:
Kathryn Cuvelier, Town Clerk
APPROVED AS TO FORM:
Tobin Sidles, Town Attorney
TOWN OF ORO VALLEY 4
COUNCIL COMMUNICATION MEETING DATE: February 4, 1998
TO: HONORABLE MAYOR & COUNCIL
FROM: Blaine Barth
Civil Engineering Technician, CIP
SUBJECT: Participation in the Award of the Aerial Photography Contract
Administered by the City of Tucson and the Pima Association of
Governments
SUMMARY:
As part of the Town wide Graphical Information System (GIS) ongoing updating process, the
Department of Public Works, Engineering Division has budgeted $66,000 in the Fiscal Year of 1997/98
for updating our current GIS information. The Department of Public Works has also requested in the
1998/99 CIP for an additional $50,000 to continue this ongoing updating process. The information
update includes aerial photography along with digital data for use in roadway designs, earthwork
calculations, vegetation analyses, land cover analysis, and road pavement condition assessments.
The City of Tucson (COT) in conjunction with the Pima Association of Governments (PAG) has
initiated work on a project to produce the updated information the Town has budgeted for. The COT
and PAG have contracted with SAIC to provide the aerial photography along with digital data for the
greater Tucson metropolitan area. The total cost of the their project is $2.1 million dollars. The area
includes most of Oro Valley. Additional areas within the Town can be provided for additional cost to
the Town.
The Town has been invited to participate in the COT/PAG contract. The Town would be flown in
April 1998 with aerial photos and digital data provided in the Fall 1998. For the additional information
the Town requires, an additional expense would be incurred as part of the COT/PAG contract. The
Department of Public Works and the Community Development Department staff have conferred in
regards to this opportunity. The Community Development Department supports the Town's
participation in the COT/PAG contract.
ATTATCHMENTS:
❑ None
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 2 of 2
FISCAL IMPACT:
The Engineer's Estimate for the Town's portion of this Project is $59,000. The actual cost of this
project will vary depending on the cost of producing additional information required by the Town; all
the funding for this project is available from the Department of Public Works fiscal year 97/98 budget.
RECOMMENDATIONS:
Staff recommends participating in the COT/PAG contract with SAIC to provide aerial photographs
and digital data to the Town for updating the Town's existing GIS information. By participating with
this existing contract, the Town would save a significant amount of cost as compared to the Town
contracting for this information independently (estimated cost savings = $125,000).
SUGGESTED MOTION: The Town Council may wish to consider the following motion:
I move to participate in the contract award by COT/PAG to SAIC for Town wide aerial photographs
and digital data for the Town wide GIS updating process.
Or
I move to
De..rtment Head
Town Manager
TOWN
OF ORO VALLEY 5
COUNCIL COMMUNICATION MEETING DATE: February 4, 1998
TO: HONORABLE MAYOR & COUNCIL
FROM: David G. Hook, P.E.
Town Engineer
SUBJECT: Sunridge II (0V12-94-32) - Request to Amend Location of No Access
Easement, Lots 12, 19 and 50
SUMMARY:
The final plat for Sunridge II, a 65 lot custom home subdivision with minimum 20,000 square foot lots,
was approved in the summer of 1995. It is approximately 40 acres in size and is located north of
Tangerine Road and immediately west of Rancho Vistoso, Neighborhood 7. The subdivision lies to
the north of, and is accessed through the Coyote Ridge subdivision to the south.
Mr. Mike Arnold, President of Kachina Homes, Inc. owner of Lots 12 and 19 and representing Mr. Bob
Lewis owner of Lot 50 in Sunridge II, is requesting to amend the location of the one foot no access
easements on said lots. He desires to change the access point for Lot 12 from Kachina Ridge Place to
Piping Rock Road. The reason being the steep bank on the Kachina Ridge Place side of the lot. It is Mr.
Arnold's request that the Council consider abandoning a portion of the one foot no access easement along
Piping Rock Road for Lot 12 thus permitting direct access to said road from that lot. A one foot no
access easement would then be established along that portion of lot 12 abutting Kachina Ridge Place.
Mr. Arnold wants to change the access point for Lot 19 from Piping Rock Road to Kachina Ridge Place.
The reason for this is to provide the home designed to go on this lot a straight approach to the garage. It
is Mr. Arnold's request that the Council consider abandoning a portion of the one foot no access
easement along Kachina Ridge Place for Lot 19 thus permitting direct access to said road from that lot. A
one foot no access easement would then be established along that portion of Lot 19 abutting Piping
Rock Road.
Mr. Arnold, on behalf of Mr. Lewis, desires to change the access point for Lot 50 from Soaring Hawk
Place to Piping Rock Road. He says this will better suit home design on the lot. He requests that the
Council consider abandoning a portion of the one foot no access easement along Piping Rock Road for
Lot 50 thus permitting direct access to said road from that lot. A one foot no access easement would then
be established along that portion of lot 50 abutting Soaring Hawk Place.
Department of Public Works staff has reviewed this request and has no objections to the proposed
changes in the location of one foot no access easements for the 3 lots. Piping Rock Road has a 25 mph
design speed, which is standard for all subdivision streets. There are no adverse safety impacts anticipated
as a result of these proposed changes. Planning and Zoning staff was consulted for their input, and they
have no objection to the proposal. Though it will carry more traffic than other roads in the subdivision,
Piping Rock Road does not clearly meet the definition of a collector road and therefore is classified as a
1.----
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION PAGE 2 OF 2
local street as are the other roads in the subdivision. Therefore, the applicant's request is consistent with
the Oro Valley Zoning Code Revised.
Staff points out that the appropriate time to address access and one foot no access easement locations is
during the platting process rather than after the fact. Re-visiting individual lots to move the one foot no
access easements is time consuming. Councilmembers may recall that similar requests were made by Mr.
Bill Dallman and Mr.Jeff Cooke for Lots 42 and 33, Sunridge II.
The attached documents are similar to the one submitted for a similar previous request. The attached
documents will have been reviewed by the Town Attorney's office by the Town Council meeting.
ATTACHMENTS: Letter of request from the property owner
Map of Sunridge II Subdivision
Abandonment documents and exhibits for recordation
FISCAL IMPACT: None to the Town
RECOMMENDATIONS:
Department of Public Works staff has reviewed the applicant's request. There are no apparent safety
concerns regarding the change in access point location. Staff recommends approval of the request for
revising the one foot no access easement location for Lots 12, 19 and 50, Sunridge II.
SUGGESTED MOTION: The Town Council may wish to consider one of the following motions:
I move to approve abandonment of a portion of the one foot no access easement on Lots 12, 19 and 50,
Sunridge II, and the establishment of a new one foot no access easement in accordance with the 3 attached
abandonment documents and exhibits, with the legal documents effecting these changes be recorded
with the Pima County Recorder for the permanent record and the applicant notify Pima County
Addressing regarding these changes.
Or
I move to deny the request for abandonment and reestablishment of the 1'no access easement on Lots 12,
19 and 50, Sunridge II.
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AtL—' 4
Town Man.ger
KA. CHINA .-; .-:----', • ----if-
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A/A:AA*. <A CUSTOM HOMES, INC.t
December 16, 1997
Town Of Oro Valley
11000 N. La Canada Dr.
Oro Valley, AZ 85737
Attention: Linda Fruh
Dear Linda,
Iwould like to request a change to the driveway access for the following corner lots in Sunridge.
Lot 12-Change access to Piping Rock Rd. due to steep bank on Kachina Ridge PL
Lot19-Change to Kachina Ridge Pl.to give home currently designed for this lot a straight approach to
garage
- Lot 50-Change access to Piping Rock Rd.to better suit home design
The above changes will not constitute a safety hazard,the above driveways all have excellent visibility.
Sincerely, Michael E. Arnold
President
Kachina Custom Homes •1 .
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When Recorded, Return To:
Town of Oro Valley
ATTN: Department of Public Works
680 W.Calle Concordia
Oro Valley,AZ 85737
ABANDONMENT AND RE-ESTABLISHMENT OF
ONE FOOT NO ACCESS EASEMENT
LOT 19, SUNRIDGE II
PURSUANT TO APPROVAL BY THE ORO VALLEY TOWN COUNCIL, GIVEN FEBRUARY 18,
1998. A PORTION OF THE ONE-FOOT NO ACCESS EASEMENT ON THE NORTHERN(KACHINA
RIDGE PLACE) PROPERTY LINE OF LOT 19 OF SUNRIDGE II, WHICH IS RECORDED AT BOOK
48, PAGE 33, PIMA COUNTY BOOK OF MAPS AND PLATS, IS HEREBY ABANDONED. A NEW
ONE-FOOT NO ACCESS EASEMENT, IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A",
ATTACHED HERETO, IS ESTABLISHED, VIA THIS DOCUMENT, ALONG PIPING ROCK ROAD
AND AT THE NORTHWEST CORNER OF LOT 19, BY CONSENT OF THE TOWN COUNCIL OF
THE TOWN OF ORO VALLEY AND THE CURRENT PROPERTY OWNER, MR. MICHAEL E.
ARNOLD.
DATED THIS DAY OF , 1998
APPROVED BY: ACKNOWLEDGED:
Cheryl Skalsky, Mayor Michael E. Arnold,Owner
Town of Oro Valley Lot 19, Sunridge II
ATTEST:
Kathryn Cuvelier,Town Clerk
Jan-28-98 05: 16A Kachina Custom Homes Inc. 520-797-2137 P.02
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When Recorded,Return To:
Town of Oro Valley
ATTN: Department of Public Works
680 W. Calle Concordia
Oro Valley,AZ 85737
ABANDONMENT AND RE-ESTABLISHMENT OF
ONE FOOT NO ACCESS EASEMENT
LOT 12, SUNRIDGE II
PURSUANT TO APPROVAL BY THE ORO VALLEY TOWN COUNCIL, GIVEN FEBRUARY 18,
1998. A PORTION OF THE ONE-FOOT NO ACCESS EASEMENT ON THE WESTERN (PIPING
ROCK DRIVE) PROPERTY LINE OF LOT 12 OF SUNRIDGE II, WHICH IS RECORDED AT BOOK
48, PAGE 33, PIMA COUNTY BOOK OF MAPS AND PLATS, IS HEREBY ABANDONED. A NEW
ONE-FOOT NO ACCESS EASEMENT, IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A",
ATTACHED HERETO, IS ESTABLISHED, VIA THIS DOCUMENT, ALONG KACHINA RIDGE
PLACE AND AT THE SOUTHWEST CORNER OF LOT 12, BY CONSENT OF THE TOWN
COUNCIL OF THE TOWN OF ORO VALLEY AND THE CURRENT PROPERTY OWNER, MR.
MICHAEL E. ARNOLD.
DATED THIS DAY OF , 1998
APPROVED BY: ACKNOWLEDGED:
Cheryl Skalsky, Mayor Michael E.Arnold,Owner
Town of Oro Valley Lot 12, Sunridge II
ATTEST:
Kathryn Cuvelier,Town Clerk
Jan-28-98 05: 17A Kachina Custom Homes Inc. 520-797-2137 P.04
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When Recorded, Return To:
Town of Oro Valley
ATTN: Department of Public Works
680 W. Calle Concordia
Oro Valley,AZ 85737
ABANDONMENT AND RE-ESTABLISHMENT OF
ONE FOOT NO ACCESS EASEMENT
LOT 50, SUNRIDGE II
PURSUANT TO APPROVAL BY THE ORO VALLEY TOWN COUNCIL, GIVEN FEBRUARY 18,
1998. A PORTION OF THE ONE-FOOT NO ACCESS EASEMENT ON THE WESTERN (PIPING
ROCK DRIVE) PROPERTY LINE OF LOT 50 OF SUNRIDGE II, WHICH IS RECORDED AT BOOK
48, PAGE 33, PIMA COUNTY BOOK OF MAPS AND PLATS, IS HEREBY ABANDONED. A NEW
ONE-FOOT NO ACCESS EASEMENT, IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A",
ATTACHED HERETO, IS ESTABLISHED, VIA THIS DOCUMENT, ALONG SOARING HAWK
PLACE AND AT THE SOUTHWEST CORNER OF LOT 50, BY CONSENT OF THE TOWN
COUNCIL OF THE TOWN OF ORO VALLEY AND THE CURRENT PROPERTY OWNER, MR.
ROBERT W. LEWIS.
DATED THIS DAY OF , 1998
APPROVED BY: ACKNOWLEDGED:
Cheryl Skalsky,Mayor Robert W. Lewis,Owner
Town of Oro Valley Lot 50,Sunridge II
ATTEST:
Kathryn Cuvelier,Town Clerk
Ja.n-28-98 05: 16A Kachina Custom Homes Inc. 520-797-2137 P.03
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TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: February 4, 1998
TO: HONORABLE MAYOR& COUNCIL
FROM: Steven Faaborg, Civil Engineering Technician
SUBJECT: Request from Mr. & Mrs. Steven Peterson for a temporary waiver of the no
access easement to their property from Copper Creek Trail to their lot (Lot #5) in Copper
Creek Block H (1312 W. Seven Falls Place).
SUMMARY:
Staff received a request from Mrs. Peterson to obtain temporary relief from the no access
easement on their lot along Copper Creek Trail. The Peterson's wish to construct a pool in their
back yard, and have acquired a building permit to do so. Mature vegetation and trees hinder
access to the back yard of the lot. There is also a buried plastic pipe used for drainage along each
side of the house that would be damaged if access were attempted from the front. The Peterson's
would remove a section of the wall along Copper Creek Trail to provide access. The opening in
the wall would be sealed off during periods when construction is not under way. The sidewalk
would remain open at all times. Upon completion of the project, the wall and right-of-way
would be restored to their pre-construction condition. The Peterson's have sought and obtained
the support of the Copper Creek Homeowner's Association.
ATTACHMENTS:
Letter from Copper Creek Homeowner's Association
FISCAL IMPACT:
None
RECOMMENDATIONS OF STAFF:
Given the circumstances of this request, staff recommends approval subject to:
1. The Peterson'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.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION PAGE 2 OF 2
SUGGESTED MOTION:
I move to approve Mr. and Mrs. Peterson's request for temporary access from Copper Creek
Trail to lot 5 in Copper Creek Block H subject to staff recommendations #1 and 2 above.
or
I move to deny Mr. and Mrs. Peterson's request for temporary access from Copper Creek Trail
to lot 5 in Copper Creek Block H.
(.4
e• .C ,ntHedp
own Manag-r
Jan-27-98 02 : 58P Patti Jo Lewis P.01
Association Management by LMRLewis Managment Resources, Inc.
December 12, 1997 7925-A N. Oracle Road, 4391
Tucson, AZ 85704-6356
Elizabeth Pederson COPPER Phone: 742-5674
1312 W. Seven Falls Drive Fax: 742-1523
Tucson, AZ 85737
Dear Elizabeth:
Thank }you for submitting your request for approval to install a swimming pool at your home
within Copper Creek.
NOTICE: The access location to your rear yard, is a 1' NO ACCESS EASEMENT from
Copper Creek Drive. As such, the Association cannot permit access at this location without
the approval from the Town of Oro Valley. Please obtain this approval prior to any
construction beginning for your pool installation.
Please he advises that the Copper Creek Association's Architectural Review Committee has
recommended and the Board has conditionally approved your submittal with the Following
stipulations (and the stipulation noted above),
Any An exterior wall must be rebuilt to match the existing wall in elevation, stucco. texture,
1.
and painting within one week of installation of the swimming pool.
'. A temporary solid barrier NOT PLASTIC FDNC : G must he in place at all times at the
access site when construction is not taking place
3. If the access will he across a street b u lTer area, the buffer/common area must he returned
original prior to construction state (plant maucrial, ground cover, irrigation), to the
to its !
Board's satisfaction within one week of installation of the swimming pool.
4. Any damage e to the curb or sidewalk must he repaired within 24 hours of the damage_
5. All construction material/debris must be contained within your backyard. Furthermore,
the sidewalk must remain clear and debris-free at all times, when the construction
activities arc not taking place.you Il have a sand filter which will require hackilushing, please be advised that Pima
County and the Town 01'oro Valley have regulations regarding hackflusliing onto public
streets and sewer systems. The Copper Creek Association has a policy prohibiting
haclktlushini onto Association common areas,
7.
All work that returns the wall and front yard landscaping hack to its original condition
must be completed within six (6) weeks from the date that the wall is bruuzlht down.
must be signed by you and "Pool Company" and returned to our offices prior to
This letter. � r any J � comments rc arC�1t�S� the contents of this
commencing work. Should you have anti questions or conu1 e g �.
letter, please do not hesitate to contact me at 742-5674.
Sincerely o Accepted and Approved:
T(4,64.(Aiiit/k.
Mark Lewis Homeowner
For the Copper Creek Association "Pool Company"
By