Loading...
HomeMy WebLinkAboutOV999106 AFFIDAVIT n1 PUBLICATION STATE OF ARIZONA) . :ss. _ tSTACEY S T :N..3 UN beingfirst COUNTY OF PIMA I 4. .'-:. • NOTICE OF PUBLIC HEARING BEFORE THE ORC duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager VALLEY PLANNING 8 ZONING COMMISSION In accordance with ARS 9-462, 9-47 1 and Section 3-108 of the of THE DAILY TERRITORIAL, a daily newspaper printed and published in the Oro Valley Zoning Code Revised, NOTICE OF TRANSLATIONAL ZONING PUBLIC HEARING BE- FORE THE ORO VALLEY PLAN- NING 8 ZONING COMMISSIONCounty of Pima, State of Arizona, and of general circulation in the City of Tucson, IS HEREBY GIVEN: TIME: at or after 6:0C p.m. on TUESDAY, APRIL 6TH, 1999 PLACE: Oro Valley Town Hall County of Pima, State of Arizona and elsewhere, and the hereto attached 11.000 N. La Canada Drive Oro CLAUDE �' •. Valley, Arizona �'�''{ H SUBJECT: OV9-99-106 PARCEL PROPERTY #224-11-046E TRANSLATING ,-�, P�'�Z,��.. ���.T...�.�• _- - :.� :_-.;,:. ..< �„: AND REZONING RECENTLY -.mar ANNEXED LAND KNOWN AS THE CLAUDE SMITH PROP- ERTY, FROM PIMA COUNTY SR TO ORO VALLEY P1-144, WITH ADDITIONAL HORSE EN- TITLEMENTS In accordance with Arizona State Statute,the zoning on the above- referenced properties must be translated and rezoned from was printed and published correctly in the regular and entire issue of said THE Pima County Zoning Classifica- tions to the nearest Oro Valley Zoning Classifications. LOCATION: The property listed DAILY TERRITORIAL for issues; that the first was made is located ir. the area known as Map 2,and is located on the east side of Shannon Road, approxi- mately 1/2 mile south of Tanger- on the .. -} - day of 19 ine Road. ?:.w..i'1 d ' �AI� ;�i- •- ';,'1 DESCRIPTION: A detailed loca- tion and description of the parcel slated to be translated car be and the last publication thereof was made on the ;M::w't�1,�1 day of obtained at the Oro Valley Town Hall. Members of the public are invited � • to this meeting and will be given 1 9 ;that said publication lE- an opportunity to speak. An agenda for the meeting wil. be made available 24 hours brio' to meeting time Snould you nave was made on each of the following dates,to-wit: any questions regarding this mat- ter, please contact David Marsh ��. ti•j'f� at'520)797-9797. Bryant Nodine Bryant Nodine AICP Planning 8 Zoning Administrator Town of Ar Oro Valley �' Pub: The Daily Territorial a � March 22, 1999 Req: Town of Oro Valley f ~7, .. pnclaude 3;22/99 ss Request of 7nom OF ORO VALLEY Daily Territorial By s....S ,4::, .Cs4, ‘ .,— .- ,c-(-AA- .0''.-.--N . \ . Subscribed and sworn to before me this » " day of a � �l MARCH 19 ;9 �, SEAL cir!' .T OFFICIAL , •te r - DAWN LEIGH DOUGALL t., t.iwz,so).- .,i NOTARYPUBLIC-ARIZONA �� ) k )1Sut-. ' ' PIMA COUNTY My Corm. Excires Sept,20,2002 Notary Public in and for the County o ima, tate o rizona My Commission Expires:`00 /Q NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING&ZONING COMMISSION In accordance with ARS 9-462,9-471 and Section 3-108 of the Oro Valley Zoning Code Revised,NOTICE OF TRANSLATIONAL ZONING PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING & ZONING COMMISSION IS HEREBY GIVEN: TIME : at or after 6:00 p.m.on TUESDAY,APRIL 6TH, 1999 PLACE: Oro Valley Town Hall 11,000 N.La Canada Drive Oro Valley,Arizona SUBJECT: *V9-99-10 PARCEL # 224-11-046E TRANSLATING AND REZONING RECENTLY • 1 XED LAND KNOWN AS THE CLAUDE SMITH PROPERTY, FROM PIMA COUNTY SR TO ORO VALLEY R 1-144, WITH ADDITIONAL HORSE ENTITLEMENTS In accordance with Arizona State Statute,the zoning on the above-referenced properties must be translated and rezoned from Pima County Zoning Classifications to the nearest Oro Valley Zoning Classifications. LOCATION: The property listed is located in the area known as Map 2, and is located on the east side of Shannon Road,approximately 1/2 mile south of Tangerine Road. DESCRIPTION: A detailed location and description of the parcel slated to be translated can be obtained at the Oro Valley Town Hall. Member/ of the public are invited to this meeting and will be given an opportunity to speak. An agenda for the m,- mg will be made available 24 hours prior to meeting time. Should you have any questions hreg.;• :this a , e se contact David Marsh at(520)797-9797. Brya .dine AICP Planning : Zoning Administrator Town of Oro Valley F:\OV\OV9\1999\9-99-106\SMITHNOTICE.PZ.doc POSTED: 3/19/99 11:00 AM SR ORO VALLEY PLANNING & ZONING DEPARTMENT PLANNING AND ZONING COMMISSION REPORT MEETING DATE: April 6th, 1999 TO: Planning and Zoning Commission FROM: David Marsh, Planner I SUBJECT: OV9-99-106 Parcel #224-11-046E Smith Property, Translational Zoning from Pima County SR to Oro Valley R1-144, with Additional Horse Entitlements, Located East of Shannon Road, and North of Naranja Drive BACKGROUND: In September, 1998, pursuant to Section 9-471 B of the Arizona Revised Statutes, the Town of Oro Valley Mayor and Council annexed the area known as Map 2. 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 has adopted an ordinance which requires the translation of County zoning to occur by April of 1999. The attached map identifies the location of this parcel of land owned by the Smith family. The property is located east of Shannon Road, and approximately 1/2 mile north of Naranja Drive. SUMMARY: In accordance with State Statutes, the Town should translate Pima County's SR zoning, which allows single family residential (0 - 0.3 DUA), to Oro Valley's closest equivalent designation, R1- 144, Single Family Residential (also permits 0 - 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 their existing horse rights under Pima County standards be preserved. Staff has met with the applicant on this issue, and agree with the applicant's request to preserve their existing horse rights, with the conditions listed in Exhibit"A". Since Staff's initial meeting with the property owner, a letter has been submitted which requests that the permitted and conditional uses of the County SR zoning be retained. GENERAL PLAN CONFORMANCE: This property is in conformance with the Town's General Plan land use map. The land use category for this area is Rural Low Density Residential (0 to 0.3 DU/acre) which complies with the proposed translated zoning of R1-144. RECOMMENDATION: Staff recommends approval of the translation of zoning on Parcel #224-11-046E, the Smith property, from Pima County SR to Oro Valley R1-144 and all applicable development standards of the R 1-144 zoning district shall apply thereto, with the conditions listed in Exhibit "A". These conditions are similar to those placed on the Miller property, located immediately to the north. Staff has reviewed the applicant's request for retention of the permitted and conditional uses of the County SR zoning in terms of conformance with the OVZCR and the General Plan, and cannot support the request. The permitted and conditional uses of the County SR zoning include those which are not permitted under R1-144, such as libraries, veterinary hospitals, and substance abuse treatment facilities. These uses would not be compatible with the rural residential character of the area, and would not be in conformance with the General Plan's Rural Low Density (0 — 0.3 RAC) designation. SUGGESTED MOTION: I move to recommend approval of OV9-99-106, translating zoning of Parcel # 224-11-046E, the Smith Property, from Pima County SR to Oro Valley R 1-144 and all applicable development standards of the R1-144 zoning district,with the conditions listed in Exhibit"A". OR I move to recommend approval of OV9-99-106, translating zoning of Parcel#224-11-046E,the Smith Property, from Pima County SR to Oro Valley R1-144, all applicable development standards of the R 1-144 zoning district, with the conditions listed in Exhibit"A", and the following added conditions: ATTACHMENTS: 1. Exhibit"A"—Conditions for Approval 2. Location Map 3. Letter from property owner F:\OV\OV9\1999\9-99-106\TZPZ.RPT.doc 2 EXHIBIT "A" PLANNING & ZONING COMMISSION CONDITIONS FOR APPROVAL OV9-99-106 THE SMITH PROPERTY PARCEL #224-11-046E 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. MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY,APRIL 6, 1999 TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: at 6:00 p.m. ROLL CALL: PRESENT: Chair Douglas-tardy Acting Chair, Vice Chair Wiant Commissioner Partridge Commissioner Briggs Commissioner McCook Commissioner Moody EXCUSED: Commissioner Ruble ALSO PRESENT: Mayor Loomis Council Member LaSala Town Attorney Dan L. Dudley Prosecuting Attorney Tobin Sidles ANNOUNCEMENT: Acting Chair Wiant stated that the Commission was expecting Chair Douglas to arrive at any time. Acting Chair Wiant asked that the record show that a quorum was present. MINUTES: MOTION: Moved/Seconded (Briggs/Moody) and carried by a 5-0 vote to approve the February 18, 1999 Special Meeting, as written. MOTION: Moved/Seconded (Briggs/McCook) and carried by a 5-0 vote to approve the March 2, 1999 Planning and Zoning Commission Meeting minutes,with the following correction: Excused was Commissioner Moody and Present was Commissioner McCook. 1. PUBLIC HEARING: OV9-98-17, WONG PROPERTY REZONING FROM R1-144 TO R1-36 AND R1-20, LOCATED SOUTH OF NARANJA DRIVE AND APPROXIMATELY 1 %2 MILES EAST OF LA CANADA DRIVE APRIL 6, 1999 MINUTES,P&Z COMMISSION MEETING 9 foot lot per residence. Moreover, the permitted density under a R1-36 zone (1.2 DUA) is closer to the CR-1 density than the R1-20 advertised in the notice. Mr. Nodine, AICP added that a subdivision plat has been approved by the County for this property. The plat contains eight lots with a minimum lot size of 40,000 square feet, and a condition restricts grading on the individual lots to the building pads and driveways. Mr. Nodine, AICP explained that this property is not in conformance with the Town's General Plan land use map. The land use category for this area is Rural Low Density Residential (0 to 0.3 DU/acre) which does not comply with the proposed translated zoning of R1-20; however, the current Pima County CR-1 zoning designation existed prior to the property being annexed into the Town. Mr. Nodine, AICP conveyed that staff recommends approval of the translation of zoning on Parcel #224-11-0480, the Wheeler property, from Pima County CR-1 to Oro Valley RI-36, and all applicable development standards of the R1-36 zoning district shall apply thereto, with the condition listed in Exhibit"A". EXHIBIT "A", PLANNING&ZONING COMMISSION, CONDITIONS FOR APPROVAL, OV9-99-110 THE WHEELER PROPERTY, PARCEL#224-11-0480 1. This property shall be subject to the conditions of the recently approved plat. In answer to Commissioner Briggs' question, Mr. Nodine, AICP explained that the recorded plat restricts the grading to the building pads and the driveway and with an approved plat there will not be another opportunity to review until the building permits start coming through. Jackie Wheeler, 11220 N. Shannon, applicant stated that the zoning has been in effect since before the annexation process. Ms. Wheeler stated that her goal is to keep the grading to a minimum. PUBLIC HEARING OPENED Barbara Smith, 13600 N. Como Drive, stated that her objection is not of the development itself,but to the Town of Oro Valley and Pima County allowing these changes. PUBLIC HEARING CLOSED MOTION: Moved/Seconded (Wiant/Briggs) and carried by a 6-0 vote to approve OV9-99-110, Translational Zoning for the Wheeler Property, located at the northeast corner of Shannon Road and Naranja Drive. 7. PUBLIC HEARING: OV-9-99-106, TRANSLATIONAL ZONING FOR THE SMITH PROPERTY, LOCATED EAST OF SHANNON ROAD AND NORTH NARANJA DRIVE Mr. Nodine, AICP reported that in September, 1998, pursuant to Section 9-471B of the Arizona Revised Statutes,the Town of Oro Valley Mayor and Council annexed the area known as Map 2. The Town is required to change, or "translate" the zoning on the annexed properties from Pima County APRIL 6, 1999 MINUTES,P&Z COMMISSION MEETING 10 zoning designations to the closest comparable Oro Valley zoning designation. In accordance with State law, the Town has adopted an ordinance which requires the translation of County zoning to occur by April of 1999. Mr. Nodine, AICP added that in accordance with State Statutes, the Town should translate Pima County's SR zoning, which allows single family residential (0 - 0.3 DUA), to Oro Valley's closest equivalent designation,R1-144, Single Family Residential(also permits 0- 0.3 DUA). Mr. Nodine, AICP explained that there was not a pre-annexation agreement negotiated between the property owner and the Town; however, the property owner requested, during the annexation process that their existing horse rights under Pima County standards be preserved. Staff has met with the applicant on this issue, and agree with the applicant's request to preserve their existing horse rights, with the conditions listed in Exhibit "A". Since Staff's initial meeting with the property owner, a letter has been submitted which requests that the permitted and conditional uses of the County SR zoning be retained. Mr. Nodine,AICP expressed to the Commission that this property is in conformance with the Town's General Plan land use map. The land use category for this area is Rural Low Density Residential (0 to 0.3 DU/acre)which complies with the proposed translated zoning of R1-144. Mr. Nodine, AICP stated that staff recommends approval of the translation of zoning on Parcel#224- 11-046E, the Smith 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 listed in Exhibit"A". These conditions are similar to those placed on the Miller property, located immediately to the north. He added that staff has reviewed the applicant's request for retention of the permitted and conditional uses of the County SR zoning in terms of conformance with the OVZCR and the General Plan, and cannot support the request. The permitted and conditional uses of the County SR zoning include those which are not permitted under R1-144, such as libraries, veterinary hospitals, and substance abuse treatment facilities. These uses would not be compatible with the rural residential character of the area, and would not be in conformance with the General Plan's Rural Low Density(0—0.3 RAC)designation. EXHIBIT "A", PLANNING&ZONING COMMISSION, CONDITIONS FOR APPROVAL, OV9-99-106 THE SMITH PROPERTY, PARCEL#224-11-046E 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. Claud Smith, 11598 N. Shannon Road, applicant, stated that he would like to retain livestock privileges for his property. PUBLIC HEARING OPENED � 1 . R APRIL 6, 1999 MINUTES,P&Z COMMISSION MEETING 11 Barbara Smith, 13600 N. Como Drive, stated that she is opposed to the Town of Oro Valley's translational zoning of this property because of the pending litigation over the annexation of this land into Oro Valley. PUBLIC HEARING CLOSED MOTION: Moved/Seconded (Wiant/McCook) and carried by a 6-0 vote to approve OV9-99-106, Translational zoning for the Smith property, located east of Shannon Road and North Naranja Drive and Exhibit "A": PLANNING & ZONING COMMISSION CONDITIONS FOR APPROVAL, OV9-99-106, THE SMITH PROPERTY, PARCEL # 224-11-046E 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. 8. PUBLIC HEARING: OV9-99-05 AND OV9-99-06,TRANSLATIONAL ZONING FOR THE TLC PROPERTIES (CONTINUED) Mr. Nodine, AICP stated that on August 5, 1998,pursuant to Section 9-471B of the Arizona Revised Statutes, the Town of Oro Valley Mayor and Council increased its area by annexing 300 acres, 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 has adopted an ordinance which requires the translation of County zoning to occur by April of 1999. He added that the property is located north of Tangerine Road, east of the other TLC Investment Group property (# 219-46-0170), and west of the Neville property(# 219-46-0230). Mr. Charles Townsdin is the property owner of these two parcels. Mr. Nodine, AICP explained that this item was continued from the February 2, 1999 Planning and Zoning Commission meeting because of the possible changes to the General Plan as a result of the Mr. Townsdin's development standards request. The following TLC properties are to be translated: 1. OV9-99-5 Parcel#219-46-0200 2. OV9-99-6 Parcel#219-46-0170 Mr. Nodine, AICP stated that in the minutes of the February 2, 1999 Planning and Zoning Commission meeting, Mr. Townsdin, stated that he is opposed to Oro Valley development standards. However, as illustrated in the attached analysis, there aren't many differences between Pima County SR and Oro Valley R1-144. Staff has not met with Mr. Townsdin prior to the report deadline, so there is not an update stated in this report regarding his development standards request. Staff will be NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9-462,9-471 and Section 3-108 of the Oro Valley Zoning Code Revised,NOTICE OF TRANSLATIONAL ZONING PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN: TIME : at or after 7:00 p.m.on WEDNESDAY,APRIL 12TH,1999 PLACE: Oro Valley Town Hall 11,000 N.La Canada Drive Oro Valley,Arizona SUBJECT: V9-99-106J�RCEL # 224-11-046E TRANSLATING AND REZONING RECENTLY D LAND KNOWN AS THE CLAUDE SMITH PROPERTY, FROM PIMA COUNTY SR TO ORO VALLEY R1-144, WITH ADDITIONAL HORSE ENTITLEMENTS In accordance with Arizona State Statute, the zoning on the above-referenced properties must be translated and rezoned from Pima County Zoning Classifications to the nearest Oro Valley Zoning Classifications. LOCATION: The property listed is located in the area known as Map 2, and is located on the east side of Shannon Road,approximately V2 mile south of Tangerine Road. DESCRIPTION: A detailed location and description of the parcel slated to be translated can be obtained at the Oro Valley Town Hall. Members o the public are invited to this meeting and will be given an opportunity to speak. An agenda for the mee /g will be made available 24 hours prior to meeting time. Should you have any questions regard' . is att r, 1 se contact David Marsh at(520)797-9797. did Bryan Mine AICP Planning Zoning Administrator Town of Oro Valley F:\OV\OV9\1999\9-99-106\SMITHNOTICE.TC.doc AFFIDAVIT ilPUBLICATION STATE OF ARIZONA) le:ss. COUNTY OF PIMA I STACEY S T I NSON being first duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, . County of Pima, State of Arizona and elsewhere, and the hereto attached THE. CLAUDE ;::;IYI1'I'H PROPERTY . , .._.i.._.�, ti,P UE I C. N O'T ;CE y _ ;. NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9-462, 9-471 and Section 3-108 of the Oro Valley Zoning Code Revised, NOTICE OF TRANSLATIONAL ZONING PUBLIC HEARING BE- FORE THE ORO VALLEY was printed and published correctly in the regular and entire issue of said THE TOWN COUNCIL IS HEREBY GIVEN: TIME: at or after 7:00 p.m. on MONDAY, APRIL 12TH, 1999 DAILY TERRITORIAL for issues; that the first was made PLACE: Oro Valley Town Hall 11,000 N. La Canada Drive Oro Valley, Arizona SUBJECT: OV9-99-106 PARCEL on the dayof 19 #224-11-046E TRANSLATING IYIARCH 99 AND REZONING RECENTLY ANNEXED LAND KNOWN AS THE CLAUDE SMITH PROP- and the last publication thereof was made on the ;.�.. day of ERTY, FROM PIMA COUNTY ;•„,.9h SR TO ORO VALLEY R1-144, WITH ADDITIONAL HORSE EN- TITLEMENTS MARCH 1999 ;that said publication In accordance with Arizona State Statute,the zoning on the above- referenced properties must be translated and rezoned from was made on each of the following dates,to-wit: Pima County Zoning Classifica- tions to the nearest Oro Valley Zoning Classifications. (�),µ;��;::.'.9/»,�9 LOCATION: The property listed .. . .. '.*'- ti- rs located in the area known as Map 2,and is located on the east side of Shannon Road, approxi ,•.. .-.......:•, - ,,, mately 1/2 mile south of Tanger- ine Road. DESCRIPTION: A detailed loca- tion and description of the parcel , .,,• . . . __ .I ::. .. slated to be translated can be ¢ obtained at the Oro Valley Town Request of i..1 l OF('t t,; VALLEY !.Y Hall. -' Members of the public are invited to this meeting and will be given an opportunity to speak. An agenda for the meeting will be made available 24 hours prior to meeting time. Should you have any questions regarding this mat- ter, please contact David Marsh TAe � TeDaily r ritOZoning Administrator Town of Oro Valley Pub: The Daily Territorial March 29. 1999 -' Req: Town of Oro Valley By .,�•� �V"� pnclaude 3/29/99 do ��� Subscribed and sworn to before me this P,,.1:1"DI day of '`1t":�-1 19 TN_5,, Cr =1CIALSCAL y. A1�r'P#�- � LEIGH DOUGALL NOTfr2Y PUBLIC-ARIZ01�1A .4, ``' PIMA COUNTY •.,��: �•h w,. .�. ".Y^O f'"!?'► `�'��(P C S�n• 2 C, Z ��' COL otary Public in and`for the County of Pima, State o My Commission Expires: ki4V0 11111) CLA UD R. SMITH WAR 1999 Oro Valley, Arizona 85742 March 7, 1999 Mr. Bryant Nodine, AIPC Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Subject: Translation zoning from Pima County SR to Oro Valley R1-144 Dear Mr. Nodine, Per a meeting with your staff members, Ms Feuer and Mr. David Marsh, it was recommended I request the continuation of the Pima County SR zoning in writing. I am the owner of the property which will be listed within your Map 2 for the translation zoning from Pima County SR to Oro Valley R1-144. I am located on the east side of Shannon Road, approximately 1/2 mile south of Tangerine Road. My property join that of the Millers, on the south side. The Miller's property was referred to in your public hearing as OV9-99-2 Parcel#224-11-0250. I am requesting that the purpose, permitted, and conditional uses as set forth in Chapter 18.17, "SR Suburban Ranch Zone" of the Pima County ordinance, be granted to my property, commonly known as I reside on this property and currently maintain livestock in accordance with the Pima County ordinance as set forth in Chapter 18.17 (Pima County 11-91). Although the current livestock is well within the guidelines of the county ordinance, I look forward to the my children's 4-H projects which will vary from year to year. This property was chosen because of it location and zoning and I would like to maintain the current zoning. I have spoken with my neighbors, the Millers and Stenstroms, who offer no objection to the current zoning. Please, do not hesitate to contact me if there are any concerns. My home telephone number is Thank you for your consideration in this matter and I look forward to a good relationship as a new member in the Town of Oro Valley. Sincerely. Claud R. Smith Owner II TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 12th, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: David Marsh, Planner I SUBJECT: PUBLIC HEARING, ORDINANCE NO. (0)99- ,OV9-99-106 PARCEL #224-11-046E SMITH PROPERTY, TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144, WITH ADDITIONAL HORSE ENTITLEMENTS, LOCATED EAST OF SHANNON ROAD,AND NORTH OF NARANJA DRIVE BACKGROUND: In September 1998, pursuant to Section 9-471 B of the Arizona Revised Statutes, the Town of Oro Valley Mayor and Council annexed the area known as Map 2. 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 has adopted an ordinance which requires the translation of County zoning to occur by April of 1999. The attached map identifies the location of this parcel of land owned by the Smith family. The property is located east of Shannon Road, and approximately 1/2 mile north of Naranj a Drive. SUMMARY: In accordance with State Statutes, the Town should translate Pima County's SR zoning, which allows single family residential (0 - 0.3 DUA), to Oro Valley's closest equivalent designation, R1-144, Single Family Residential (also permits 0 - 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 their existing horse rights under Pima County standards be preserved. Staff has met with the applicant on this issue, and agrees with the applicant's request to preserve their existing horse rights, with the conditions listed in the attached Ordinance. Since Staff's initial meeting with the property owner, a letter has been submitted which requests that the permitted and conditional uses of the County SR zoning be retained; however, at the Commission meeting the applicant stated that he is only interested in the livestock entitlements. PLANNING & ZONING COMMISSION ACTION: On April 6th, 1999,the Planning&Zoning Commission voted 6-0 to approve this item. GENERAL PLAN CONFORMANCE: This property is in conformance with the Town's General Plan land use map. The land use category for this area is Rural Low Density Residential (0 to 0.3 DU/acre)which complies with the proposed translated zoning of R1-144. RECOMMENDATION: Staff recommends approval of the translation of zoning on Parcel #224-11-046E, the Smith 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 listed in the Ordinance. These conditions are similar to those placed on the Miller property, located immediately to the north, and the Stenstrom properties, located to the south. 0 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: 1 move to approve Ordinance No. (0)99- , OV9-99-106, translating zoning of Parcel # 224-11-046E, the Smith Property, from Pima County SR to Oro Valley R1-144 and all applicable development standards of the R1- 144 zoning district, with the conditions listed in the Ordinance. OR I move to approve Ordinance No. (0)99- , OV9-99-106,translating zoning of Parcel#224-11-046E,the Smith Property, from Pima County SR to Oro Valley R1-144, all applicable development standards of the R1-144 zoning district,with the conditions listed in the Ordinance, and the following added conditions: ATTACHMENTS: 1. Ordinance No. (0)99- 2. Location Map 3. Letter from property owner Planning and Zoning Administrator Community Development Director Town Manager F:\OV\OV9\1999\9-99-106\TZTC.rptdoc ORDINANCE NO. (0)99- 27 AN ORDINANCE TRANSLATING THE ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144, WITH CONDITIONS, ON THE PROPERTY KNOWN AS THE SMITH FAMILY PROPERTY, LOCATED WITHIN MAP 2; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the owners of certain real property known as the Smith Family Property, located within Map 2, has requested that their existing horse and cattle entitlements under Pima County Development Standards 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, 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 Smith Family Property contained within Map 2 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 properties. SECTION 2. That Pima County Standards shall apply to all livestock and horse facilities and activities on said properties. SECTION 3. That 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. SECTION 4. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict; SECTION 5. 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. '(0)99-27 p.2 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 12 day of Apri] 1999. --;Z:%; ?// Paul H. Loomis, Mayor ATTEST: Kathry Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town ttorney PUBLISH: Daily Territorial May 6, 7, 10, 11, 1999 POSTED: May 3 - June 2, 1999 rg Smith Property Translate onal Zoning: - Count S R to R1 1 44 with Horse Entitlement Y 1/40 R1-144 - N with Horse Entitlements ,ti SRv443441,4 * SR to R1- 144 0 N - O Naranja Drive 0 cu 0 500 1000 1500 2000 2500 3000 Feet N 3/23/99 MINUTES OF THE ORO VALLEY TOWN COUNCIL SPECIAL SESSION ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE APRIL 12, 1999 CALL TO ORDER: 7:00 p.m. PRESENT: Paul Loomis, Mayor Francis LaSala, Council Member Wayne Bryant, Council Member EXCUSED: Dick Johnson,Vice Mayor Paul Parisi, Council Member 1. PUBLIC HEARING —ORDINANCE NO. (0)99-24 STEWART TITLE AND TRUST PROPERTY(AKA CHAPARRAL HEIGHTS), TRANSLATIONAL ZONING FROM PIMA COUNTY CR-1 TO ORO VALLEY R1-20, WITH CONDITIONS (LOCATED AT THE SOUTHWEST CORNER OF LAMBERT LANE AND LA CHOLLA BOULEVARD) Robert C. Stubbs,representing the applicant. Mr. Stubbs stated this is a translational zoning,translating from Pima County CR-1 to Oro Valley R1-20 limited to 150 units per acre. He stated the Planning&Zoning Commission's recommendations that the minimum lot size should be 24,000 square feet rather than the 20,000 square feet permitted in the RI-20,is in conflict with the pre-annexation agreement. He pointed out that the height in CR-1 is 34 feet,the height in R1-20 is 18 feet. He asked that the Town Council adopt the ordinance with R1-20 limited to 150 units per acre as bound by the pre- annexation agreement. Mayor Loomis opened the public hearing. Alan Lathram, 1750 W. Tangerine Road. Mr. Lathram asked about the requirement of preserving the ironwood trees in the area. Dr. Chatfield explained the process the Town follows to preserve vegetation. Mr. Lathram voiced his opposition to the translational zonings scheduled for adoption this evening and pointed out that these are all within the Town of Tortolita. Barbara Smith, 13600 N. Como Drive. Mrs. Smith voiced her opposition to all of the translational zonings scheduled for adoption this evening and distributed the most recent ruling issued by the Arizona Court of Appeals and dated 11-24-98. She stated that since 04-12-99 Minutes, Council Special Session 2 the Town of Tortolita was not disincorporated by the Arizona Court of Appeals, the annexations voted on are in the Town of Tortolita. Bill Adler, 10720 N. Eagle Eye Place. Mr. Adler objected to the Town entering into a pre-annexation agreement that does not meet the Town's General Plan. Steve Shocat, 1795 W. Hunter Road. Mr. Shocat stated the importance of honoring the restrictions that Pima County placed on the parcel on the corner of La Cholla/Lambert Lane. He stated there was concern about losing the owl habitat, saguaros and ironwood trees. He pointed out that ironwood trees are hard to transplant. Mayor Loomis closed the public hearing. Council Member LaSala stated if we don't translate this zoning,the developers can attempt to build anything they want on that property. A MOTION was made by Council Member LaSala. MOTION SECONDED by Mayor Loomis to adopt Ordinance No. (0)99-24 from Pima County CR-i to Oro Valley R1-20 and all applicable development standards of the R1-20 zoning district with the conditions listed in (0)99-24 and the pre-annexation agreement dated 4-9-98; and that Section 7 of (0)99-24 shall be removed. In response to a question by Mayor Loomis, Dr. Chatfield explained that in the pre- annexation agreement it states"that the developer shall preserve in place,relocate or mitigate significant onsite cacti and trees, including ironwood trees as recommended by the preservation plan as approved by the Town." He explained that Oro Valley was the first jurisdiction in this area to require native plant preservations plans. He explained that registered landscape architects are required to survey the site for significant native vegetation and then a preservation plan is developed. He stated that if a significant tree or cacti is in jeopardy because of development, mitigation is required in the form of movement or replacement. He agreed that ironwood trees are difficult to transplant and staff's direction is to maintain as many as possible, but he pointed out that there are 2 healthy transplanted ironwood trees at the entrance to the Town Hall. In response to a question by Council Member Bryant regarding his right to vote on the translational zonings, Town Attorney Tobin Sidles replied that since he has not seen any paperwork, he does not know if Mr. Bryant has been withdrawn or not from the lawsuit MOTION carried 2— 1 with Council Member Bryant opposed. 2. PUBLIC HEARING—ORDINANCE NO. (0)99-25 OV9-99-52 PARCEL 224-39- 0020 FUTURE ARIZONA INC. PROPERTY,TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144 WITH CONDITIONS (LOCATED AT THE SOUTHEAST CORNER OF LAMBERT LANE AND LA CHOLLA BOULEVARD) Mayor Loomis opened the public hearing. 04-12-99 Minutes, Council Special Session 3 Barbara Smith, 13600 N. Como Drive. Mrs. Smith stated that if the developers have not filed the proper paperwork with Pima County before they start building, she will file a complaint. She asked that this comment apply to each translational zoning listed on this evening's agenda. Mayor Loomis closed the public hearing. Council Member LaSala MOVED to approve Ordinance No. (0)99-25, OV9-99-52 translating zoning of Parcel#224-39-0020,the Future Arizona Inc. Property, from Pima County SR to Oro Valley R 1-144 and all applicable development standards of the R 1-144 zoning district with the conditions listed in (0)99-25. MOTION SECONDED by Mayor Loomis. MOTION carried 2— 1 with Council Member Bryant opposed. 3. PUBLIC HEARING—ORDINANCE NO. (0)99-26 OV9-99-110 PARCEL #224- 11-0480 WHEELER PROPERTY,TRANSLATIONAL ZONING FROM PIMA COUNTY CR-1 TO ORO VALLEY R1-20 (LOCATED AT THE NORTHEAST CORNER OF SHANNON ROAD AND NARANJA DRIVE Don Chatfield, Community Development Director stated that it is recommended that this property be translated to RI-3 6 instead of R 1-20. Mayor Loomis opened the public hearing. There being no additional comments, the public hearing was closed. Council Member La Sala MOVED to approve Ordinance No. (0)99-26, OV9-99-110, translating zoning of Parcel #224-11-0480,the Wheeler property, from Pima County CR- 1 to Oro Valley R1-36, and all applicable development standards of the R1-36 zoning district,with the conditions listed in(0)99-26. MOTION SECONDED by Mayor Loomis. MOTION carried 2— 1 with Council Member Bryant opposed. 4. PUBLIC HEARING—ORDINANCE NO. (0)99-27 OV9-99-106 PARCEL #224- 11-046E SMITH PROPERTY,TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144,WITH ADDITIONAL HORSE ENTITLEMENTS (LOCATED EAST OF SHANNON ROAD AND NORTH NARANJA DRIVE Mayor Loomis opened the public hearing. There being no additional comments,the public hearing was closed. A MOTION was made by Council Member LaSala to approve Ordinance No. (0)99-27, OV 9-99-106,translating zoning of Parcel #224-11-046E, the Smith property, from Pima County SR to Oro Valley R1-144, all applicable development standards of the R 1-144 zoning district,with the conditions listed in(0)99-27. MOTION SECONDED by Mayor Loomis. MOTION carried 2— 1 with Council Member Bryant opposed. 04-12-99 Minutes, Council Special Session 4 5. PUBLIC HEARING—ORDINANCE NO. (0)99-28 OV9-99-5 & OV9-99-6 TLC INVESTMENT GROUP PROPERTIES,LA CHOLLA/TANGERINE MAP, TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1- 144 Mayor Loomis opened the public hearing. There being no additional comments, the public hearing was closed. Council Member LaSala MOVED to approve Ordinance No. (0)99-28 for parcel #219- 46-0200 in the area known as La Cholla/Tangerine, from Pima County SR to Oro Valley R1-144 and all applicable developments standards of the R1-144 zoning district. MOTION SECONDED by Mayor Loomis. MOTION carried 2— 1 with Council Member Bryant opposed. 6. PUBLIC HEARING—ORDINANCE NO. (0)99-29 OV9-99-53 & OV9-99-109, MAP 2,TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144 Mayor Loomis opened the public hearing. There being no additional comments, the public hearing was closed. Council Member LaSala MOVED to approve Ordinance No. (0)99-29 translating zoning from Pima County SR to Oro Valley R1-144 and all applicable development standards of the R1-144 zoning district, excluding the 3 public school parcels and public school entitlements. MOTION SECONDED by Mayor Loomis. MOTION carried 2 — 1 with Council Member Bryant opposed. 7. PUBLIC HEARING—ORDINANCE NO. (0)99-30 OV9-99-107 AND OV9-99- 108 PARCEL #224-11-046B AND#224-11-046C STENSTROM PROPERTIES, AND OV9-99-95 PARCEL#224-11-0500 COFFINGER PROPERTY, TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1- 144,WITH ADDITIONAL HORSE ENTITLEMENTS (LOCATED EAST OF SHANNON ROAD,AND NORTH OF NARANJA DRIVE) Mayor Loomis opened the public hearing. There being no additional comments, the public hearing was closed. Council Member LaSala MOVED to approve Ordinance No. (0)99-30, OV9-99-107 and OV 9-99-108, translating zoning of Parcel#224-11-046B and#224-11-046C, the Stenstrom properties, and OV9-99-95, translating zoning of Parcel #224-11-0500, the Coffinger properties, from Pima County SR to Oro Valley R1-144 and all applicable development standards of the R1-144 zoning district, with the conditions listed in (0)99- 30, general plan does support the equestrian lifestyle which retains the character of the town. MOTION SECONDED by Mayor Loomis. In response to a question by Mayor Loomis, Dr. Chatfield replied that in Oro Valley R1-144 it allows for 1 horse for 30,000 04-12-99 Minutes, Council Special Session 5 square feet. In Pima County SR it allows for 1 horse per 10,000 square feet. MOTION carried 2— 1 with Council Member Bryant opposed. 8. PUBLIC HEARING—ORDINANCE NO. (0)99-31 OV9-99-74, OV9-99-75 & 0V9-99-103 PARCELS 224-11-0300,224-11-0310 &224-21-0010 AMPHITHEATER PUBLIC SCHOOL DISTRICT PROPERTIES, TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1- 144,WITH PUBLIC SCHOOL ENTITLEMENTS (LOCATED WEST OF VISTA DEL SOL,NORTH OF GLOVER ROAD AND SOUTH OF TANGERINE ROAD) Mayor Loomis opened the public hearing. There being no additional comments,the public hearing was closed. Council Member LaSala MOVED to approve Ordinance No. (0)99-31, OV9-99-74, OV9-99-75 and OV9-99-103,translating zoning of parcels#224-11-0300, #224-11-0310 and#224-21-0010,the Amphitheater Public School District properties, from Pima County SR to Oro Valley R1-144, all applicable development standards of the R1-144 zoning district, and public school entitlements stated in(0)99-31. MOTION SECONDED by Mayor Loomis. MOTION carried 2— 1 with Council Member Bryant opposed. 9. PUBLIC HEARING—ORDINANCE NO. (0)99-32 OV9-99-67 & OV9-99-68, H. BRAUN AND O.R.BRAUN PROPERTY—MAP 2 TRANSLATION OF ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144 WITH CHURCH AND CONDITIONAL USE PERMIT ENTITLEMENTS Discussion followed regarding the proposed uses for this property. Council Member LaSala requested an opinion from the Town Attorney regarding county entitlements carrying over to Oro Valley during the translational zoning process. Town Attorney Dudley read the statutory requirement for translational zoning and stated he would like to research the underlying due process concerns. Mayor Loomis opened the public hearing. Barbara Smith, 13600 N. Como Drive. Mrs. Smith stated that this property is directly in the flight path of the La Cholla Air Park. Louie Benson,2590 W. Tortolita. Mr. Benson stated this property is in the territory of Tortolita and he doesn't understand why Oro Valley continues to annex into Tortolita. He stated he prefers open space and asked no action be taken within the territory of Tortolita. Hector Conde, 14040 N. Lobelia. Mr. Conde stated based on his research of the statutes when a developer translates from county to town zoning,he loses those entitlements. 04-12-99 Minutes, Council Special Session 6 Mayor Loomis closed the public hearing. MOTION: Council Member LaSala MOVED to continue this item to May 5, 1999 and direct staff to check into the flight pattern of the airport and direct legal staff to look into issues discussed tonight. MOTION seconded by Mayor Loomis. MOTION carried 3 —0. 10. PUBLIC HEARING—THE HALLAQ PROPERTIES FROM PIMA COUNTY CB-1, TR AND CR-2 TO ORO VALLEY C-1,R-6 AND R1-10 (LOCATED AT THE NORTHEAST CORNER OF LAMBERT LANE AND LA CHOLLA BOULEVARD Dr. Chatfield requested a continuance of this item until such time as the Planning & Zoning Commission has heard this item and made a recommendation. Mayor Loomis opened the public hearing. There being no additional comments,the public hearing was closed. MOTION: Council Member LaSala moved to continue OV9-99-51, translating zoning of Parcel #224-24-0120 and Parcel #224-24-0130, the Hallaq properties, from Pima County CB-1, TR, and CR-2 to Oro Valley C-1, R-6 and R 1-10. MOTION seconded by Council Member Bryant. MOTION carried 3 —0. ADJOURNMENT Council Member LaSala MOVED to adjourn the meeting at 8:30 p.m. MOTION seconded by Council Member Bryant. MOTION carried 3 —0. Respectfully submitted, leofFtc, Kathryn E. Cuvelier, CMC Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the meeting of the Town Council of Oro Valley, Arizona held on the 12th day of April 1999. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of April 1999. Kathryn E. Cuvelier, CMC Town Clerk