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HomeMy WebLinkAboutOV99912 g. L 11 .1 L MAY 1 I9Y9 Richard lzen Oro Valley, AZ 85737 May 17, 1999 Mr. Bryant Nodine, Planning and Zoning Administrator Oro Valley Town Hall 11000 North La Canada Drive Oro Valley, AZ 85737 Dear Mr. Nodine, I would like to request that the town consider amending the Rancho Vistoso PAD to require that all future development along the East and South sides of Rancho Vistoso Boulevard include the provision of sidewalks in the Town Right of Way along those sides of the Boulevard. As you know, the current PAD calls for sidewalks only on the West and North sides of the Boulevard. Because of this limit in the PAD requirements three developers (Monterey Homes, Pulte Homes, and Canada Vista Homes) have refused to install these sidewalks despite requests by residents and the Vistoso Community Association. Reasons for the additional sidewalks include the safety and convenience of residents on the East side of the Boulevard who are currently forced to cross the street through the increasing traffic to reach a pedestrian walkway. Further it is my belief that the town will eventually desire these sidewalks along major roads such as Rancho Vistoso Boulevard. If the PAD is changed, the developers would be required to fund these walkways as they develop adjacent areas. If there is no PAD change, the walkways along the entire length of the boulevard will eventually require town funding. This change will mean that while the town will eventually have to fund sidewalks along the already developed areas, the town will save the costs of the sidewalk along areas which have not yet been developed. It is my understanding that Vistoso Partners LLC, the current PAD owner, has given assurances that they would support such a PAD amendment so long as it is not retroactive and so long as they would not have to bear any costs in conjunction with the amendment (fees, surveys, drawings, etc.). This will have to be confirmed with them but I believe my understanding correctly represents their position. You have already received a letter from Mark Lewis indicating that while LMR and Vistoso Community Association have no legal standing, they would support the proposed amendment and act as facilitators. Bryant, there is some urgency to this for two reasons. Currently the PAD owner is favorable to a prospective amendment. As land sales are made, this could change. Secondly, each time a land sale is made under the current PAD rules the portion that is not covered by a prospective amendment (and that the town might well have to fund) increases. If there is anything I can to assist in this please don't hesitate to call me. Sincere , Richard lzen c: Mark Lewis Dick Maes bent by: LtWlb MANAUtM NI nt; b2U/421b23; Nov-20-98 8:41 ; Page 1 To: ORO'VALLEY (PLAN At: 742-1022 • /16 44(Aup Mailing address: 7925-A N. ORACLE ROAD, #391 Tucson, AZ 85704 Phone (520)742-LMRI (5674) PAX: (520)742-1523 • Lcwa Management Rcsakorm,Iuc faxi RA (page N � M 1 `i" �' A L 1 or 2 including cover � P8'e) • Fax To: Bryant Nodine Fax From: Mark Lewis / LMR Fax Date: November 20, 1998 During the last several weeks I have had conversations with Dick Izen, Dick Maes and Don Chatfield regarding the possibility of requiring future development on the south and east sides of Rancho Vistoso Blvd to have sidewalks_ As you may be aware,the Vistoso Community Association had tried to compel Monterey Homes, Pulte Homes and Canada Vista Homes to install sidewalks at their projects, but were unable to force the issue as'the Vistoso PAD requires a sidewalk on only the north and west sides of the street. In talking with Don Chatfield about the process to amend the PAD, he tells me there are a couple of options. The Town could initiate the process, or the PAD applicant could do so. It is my understanding that Vistoso Partners LLC (PAD landowner) would support such a PAD amendment, there are two conditions they would require: 1) The application process would not cost them any money (cash, studies, drawings, etc.) 2) The action would not be retroactive ensuring neither Vistoso Partners nor the Vistoso Community Association would be responsible to install any missing • sidewalk sections. In other words, any future development (include VPLLC projects) on Rancho Vistoso Blvd. would require sidewalks by the parcel developer/builder, whereas the Town of Oro Valley would install the missing sections to date. As I understand it the VPLLC support of the amendment is contingent upon the Town taking the responsibility to install the missing sections. The reason for this condition is to ensure a safe and continuous sidewalk and not a sporadic sidewalk with only future parcels having sidewalk sections. bent by: Ltwib MANAUtMtNI HE; 52U/421 52;3; NOV-20-98 b:41 ; Page 2/4 At Don Chatfield suggestion, Dick Izen and I have researched the missing sections of sidewalks at existing developed parcels_ Parcel 5T (Pulte Horizons) 1,459 feet at $2.00 per linear feet for a 5 foot Parcel 5P (Vistoso Hills) 1,359 feet cross section, the total cost for all Parcel SB (Monterey Homes) 2,530 feet missing sections would be $10,696 A couple of factors to consider would be: a) The bridges at Honey Bee and Big Wash have no sidewalk areas, therefore, consideration to terminate the new sidewalk sections at a safe location must be considered. b) Sun City has no sidewalks on the south side of RVB, and would not have any in the future. (Excluded from this discussion) c) The Giant gas station parcel, and many of the parcels in Neighborhood 3 are owned or controlled by Cottonwood Properties who will likely have their own opinion as to the logic of sidewalks in that area of Vistoso. d) The Honey Bee Park area would need to be discussed as a sidewalk from Monterey to the bridge may not be logical due to safety considerations. Although you are receiving this information from my office, I am doing so as a facilitator in the matter. Neither LMR or the Vistoso Community Association has standing with this matter. I believe my understanding of the VPLLC position is correct, however, it will need to be confirmed. if I understand everything Don told me, you would be the person who would pursue such a PAD amendment on behalf of the Town (or forward it to Public Works, or other appropriate persons). Please let me know if you have any questions regarding this matter. cc: Dick Macs Dick Izen Don Chatfield Bill Hallinan oerrt by; LtV}tl5 MANAUtMtN I tit; 52U/421 52;3; Nov-24-98 I:06; Page 1/2 To: ORO VALLEY (PLAN At: 742-1022 e aAIDIAX Ar, a AMailin address: 7925-A N. ORACLE ROAD, #391 Thcson, AZ 85704 S Phone (520)742-LMRI (5674) FAX: (520) 742-1523 ARAI Iiwis Manage:ant Rcsawtes,I faXi R AN S M i TT A L (page 1 of including cover page) Fax To: Bryant Nodine Fax From: Mark Lewis / LMR Fax Date: November 24, 1998 I sent you a fax last week (11/20/98) regarding the installation of sidewalks on the south/east sides of Rancho Vistoso Blvd. On page two of the fax I listed the estimated cost of the sidewalks at$2.00 per linear foot. I was mistaken in the cost estimate. The sidewalks should have been estimated at $1.75 per square foot. Assuming a five foot sidewalk cross-section, the linear foot price would be $8.75, not the $2.00 reflected in the earlier fax. Using the $8.75 per linear foot the new estimated cost would be $46,795. not the $10,696. reflected in the earlier fax. These numbers are simply estimates to assist in your CIP planning efforts. The decision of 4 foot vs 5 foot sidewalk cross-sections, the placement of the sidewalks, etc. would be up to the Town through the CIP process. Sorry for any confusion the earlier numbers may have caused. Please feel free to call with any questions regarding this matter. . cc: Dick Maes Dick Izen • Don Chatfield Bill Hallinan AFFIDAVIT OF PUBLICATION STATE OF ARIZONA) :ss. COUNTY OF PIMA 1 3IAC:EY S 1";1'NSON being first NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY duly sworn, deposes and says that (hel (she) is the Legal Advertising Manager PLANNING AND ZONING COMMISSION in accordance with ARS 9-462, 9-471 and Section 3-106 of the of THE DAILY TERRITORIAL, a daily newspaper printed and published in the Oro Valley Zoning Code Revised, NOTICE OF PLANNED AREA DEVELOPMENT (PAD) AMEND- MENT PUBLIC HEARING BE- County of Pima, State of Arizona, and of general circulation in the City of Tucson, FORE THE ORO VALLEY PLAN- NING AND ZONING COMMIS- SION IS HEREBY GIVEN: TIME: at or after 6:00 p.m. on County of Pima, State of Arizona and elsewhere, and the hereto attached TUESDAY, AUGUST 3RD, 1999 PLACE: Oro Valley Town Hall 11,000 N. La Canada Drive Oro Valley, Arizona AMEND 1:� (-`•. !-�("'� SUBJECT: PUBLIC HEARING: VISTOSO PLANNED AREA .. , LA OV9-99-112 REQUEST TO AMEND THE RANCHO VIS- DEVELOPMENT _ !� i TOSO PLANNED AREA DEVE- ,_ • '�- JUL L 2 1 I/ LOPMENT,REQUIRING SIDEW- PUBLIC NOTICE. ALKS ON BOTH SIDES OF RANCHO VISTOSO BOULE- VARD FOR ALL FUTURE DEVE- LOPMENT A request by the land owner to amend the Planned Area Docu- ment for the Rancho vistoso was printed and published correctly in the regular and entire issue of said THE Planned Area Development, re- quiring that sidewalks be con- structed on both sides of Rancho Vistoso Boulevard for all new oe- DAILY TERRITORIAL for issues; that the first was made velopment. If approved, the proposed l changes will affect the develop- ment requirements for the on the day of 19 Rancho Vistoso PAD. LOCATION:The Rancho Vistoso 1,9 f;h ,,'UI,-.41 Panned Area Development en- compasses the area west of Ora- and the last publication thereof was made on the day of de Road and north of Tangerine �. ,��i. Road, extending to the northern and western Town limits. DESCRIPTION: A map of the ..�UI�a" 19 �y • ;that said publication Area.Rancho Vistoso Planned Are Development is available for re- view at the Oro Valley Town Hall, Community Development Ser- was made on each of the following dates,to-wit: vices Building, 11,000 N. La Ca- nada Drive, Oro Valley, Arizona, during normal business hours. Members of the public are invited 07 i 1`;:1/`,:9 9 to this meeting and will be given an opportunity to speak. An agenda tor 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 a: (520) 797-9797. . Bryant Nodine Bryant Nadine Request of AICP Planning & Zoning Admini- TOWN OF ORO VALLEY strator Town of Oro Valley Pub: The Daily Territorial July 19, 1999 Reg: Town of Oro Valley pnrancho 7/18/99 tjs DailyTerritorial Byilikii‘...C.;.,'..•„e,4_,‘ •4....:::alk,C44.gQ.„7-,,,, Subscribed and sworn to before me this y{ day of 19 t!h J U L Y 19, ) riçJ :_:ern ci,R „---. .„ ,/,,,,,.,..,,• ''',,,4),, ‘1' . �k;.!Yyyr,r Notary Public in and for the j---„,,,k y , - -- C . �,0`.. a,St e91 rI • ,, `_�� ``F ma Co., ,rkana Fj �,�,� * % My Cammissio Expires 1 My Commission Expires: • L August�.`' �1 � J ZONING DEPARTMENT ORO VALLEY PLANNING & Z O PLANNING AND ZONING COMMISSION REPORT MEETING DATE: August 3, 1999 TO: PLANNING AND ZONING COMMISSION FROM: Dennis Silva,Jr.,Planner I SUBJECT: PUBLIC HEARING: OV9-99-112 REQUEST TO AMEND THE RANCHO VISTOSO PAD, REQUIRING SIDEWALKS ON BOTH SIDES OF RANCHO VISTOSO BOULEVARD FOR ALL FUTURE DEVELOPMENT MASTER DEVELOPER: Vistoso Partners, LLC 1121 W. Warner Road, Suite 109 Tempe, AZ 85284 BACKGROUND: The current Rancho Vistoso Planned Area Development was adopted by the Mayor and Council in 1987. The PAD encompasses 7,626 acres and is bounded on the south by Tangerine Road, on the east by Oracle Road, and on the north by the Tortolita Mountains. When fully developed, the PAD will have a variety of residential types, commercial,technical, and public areas. NATURE OF REQUEST: Staff has received a request from a concerned Oro Valley citizen to amend the Rancho Vistoso PAD to require sidewalks on both sides of Rancho Vistoso Boulevard for all new developments. Presently,the Rancho Vistoso PAD requires sidewalks only to be constructed on the north and west sides of Rancho Vistoso Boulevard. NOTIFICATION: In compliance with State Statutes and the OVZCR, a notice was published in the newspaper. Notices were also mailed to the Homeowner's Associations(HOAs) in Rancho Vistoso. GENERAL PLAN COMPLIANCE: Staff has evaluated the request for the amendment to the Rancho Vistoso PAD against the General Plan Policies. Circulation/Transportation Element: Policy 2.1 D of the General Plan ensures the safe, convenient and efficient non-motorized traffic circulation through building sidewalks, and providing other 1 specific provisions for safe use of arterials by pedestrians. The proposect PAD amendment complies with this policy of the General Plan by encouraging the development of more sidewalks in the Town. PLANNING CONSIDERATIONS: Vistoso Partners, LLC and the Vistoso Community Association support the proposed PAD amendment for providing sidewalks along both sides of streets within the PAD. The Rancho Vistoso PAD states that a primary bicycle-pedestrian path system linking neighborhoods and community amenities shall be provided in conjunction with major streets and routes, and secondary paths shall link planning units with the primary system. Staff recommends adding a condition that sidewalks would be required on both sides of all collectors for future development, not just Rancho Vistoso Boulevard. This proposal is not beyond the scope of the request and ensures compliance with the Rancho Vistoso PAD and the General Plan. The current Subdivision Street Standards for the Town requires sidewalks to be implemented along both sides of paved streets with curbs, or along streets where future curb grades and locations are established. The proposed PAD amendment will comply with this Town requirement. Currently, there are about seven (7) miles of developed sidewalks and about six (6) miles of undeveloped sidewalks along Rancho Vistoso Boulevard. About half of the undeveloped sidewalks occur along developed areas. It will cost the Town about $30 to $35 thousand dollars to install sidewalks along these areas of Rancho Vistoso. STAFF RECOMMENDATION: Staff recommends approval of the Rancho Vistoso PAD amendment requiring sidewalks on both sides of Rancho Vistoso Boulevard for all new developments along with the condition attached in Exhibit"A." SUGGESTED MOTIONS: The Planning and Zoning Commission may wish to consider one of the following motions: I move to recommend approval to Council of OV9-99-112, Rancho Vistoso PAD Amendment requiring sidewalks on both sides of all collectors for future development. OR I move to recommend approval to Council of OV9-99-112, Rancho Vistoso PAD Amendment requiring sidewalks on both sides of all collectors for future development and the following conditions: OR 2 I move to recommend denial to Council of OV9-99-112, Rancho v istoso PAD Amendment requiring sidewalks on both sides of Rancho Vistoso Boulevard, finding that: ATTACHMENTS: 1. PAD Amendment Proposal F:\ov\ov9\1999\9-99-112\PADAMDRPT.doc 3 0 gust 3, 1999 MTh S. PLANNING AND ZONING CO ISSION 8 A maximum of four free-standing single use structures shall be permitted for the PAD. The maximum of four free-standing single use structures shall include any pads used for convenience uses. 7. All landscaping shall be in conformance with the landscape requirements listed in the Oro Valley Zoning Code Revised (OVZCR). 4. PUBLIC HEARING: OV9-99-112z REQUEST TO AMEND THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT, REQUIRING SIDEWALKS ON BOTH SIDES OF RANCHO VISTOSO BOULEVARD FOR ALL FUTURE DEVELOPMENT Mr. Nodine, AICP stated that the Rancho Vistoso PAD requires sidewalks only to be constructed on the north and west sides of Rancho Vistoso Boulevard. A concerned citizen has requested to amend the Rancho Vistoso PAD so that it would require that all new developments construct sidewalks on both sides of Rancho Vistoso Boulevard. Mr. Nodine stated that Staff recommended adding a condition that sidewalks would be required on both sides of all collectors for future development, not just Rancho Vistoso. Mr. Nodine, AICP stated that there was an error in the Staff report regarding the cost. The cost was previously estimated at $30 to $35 thousand dollars after more research the cost is now estimated at approximately $120,000. Mr. Nodine, AICP stated that Staff had recommended approval of the Rancho Vistoso PAD amendment requiring sidewalks on both sides of Rancho Vistoso Boulevard for all new developments along with the conditions in Exhibit"A". Charlie Hulsey, WLB Group,4444 E. Broadway,represented Vistoso Partners requested that they be allowed to meander the sidewalks, and that they be 5' along Rancho Vistoso Boulevard and 4' along the major collectors. He would also like to see the Commission forward along to Town Council the recommendation that the rest of the sidewalks of the areas that have been developed become part of the Capital Improvement Plan. In response to Commissioner Ruble's question, Mr. Hulsey stated that Wolfswinkle was the original developer at the time when Rancho Vistoso Boulevard was built and they were responsible for the sidewalks. PUBLIC HEARING OPENED Dick Izen, 12356 N. Mount Bigelow Road, stated that it not because he likes sidewalks. He is representing a number of residents in Rancho Vistoso who came to him and asked him to address this safety issue. In regard to the cost of this, the PAD amendment is really more of a a stop loss proposal than a spending proposal for the Town. Mr. Izen stated that this amendment would minimize the amount of concrete that the Town would have to pour. PUBLIC HEARING CLOSED MOTION: Moved/Seconded (Briggs/McCook) and carried by a 4-0 vote to recommend approval to Council of OV9-99-112, Rancho Vistoso PAD Amendment requiring sidewalks on both sides of Rancho Vistoso Boulevard (5') and all collector streets (4') for future development and the sidewalk may meander to match the existing sidewalks. R/W R/W 150' R/W . 30'H >- W 3 0 10' 17'11010VARIES 284Li - .,,1 w 17 0' MIN. I y a MAX. 2 LANDSCAPE nw PROFILE • "� LANDSCAPE VARIES 6'- 16 BbFFER z > BU FER GRADE a . w - 2 96 _. [ .r � 2 96� . [� 5' MIN. 8 6' SIDEWALK WATER BIKE/PED. VARIES 0'- 11' 4 SID PAT} . IK • - • PA`fN• SEWER° JOINT TRENCH: • V G R/W CABLE T.V. MINOR ARTERIAL 50 mg • 150 GASPNONE ELECTRIC V: DESIGN SPEED MPH . G: MAX. GRADE % • • . � - ARTERIAL • SEC`TIOMINORTYPICAL CROSSl�Ts • KY �c...Yr�- . • RANCN4 V1STOSO BOULEVARD EXHIBIT B-2 • - • ........_____-..............___ . . • .... • • y , Tim __ • ....1,.,«r., 11/B 6 .r P. f�. _. ... 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MAX.MAXQ R A p E � UTILITY TOWN ENGINEER. COLLECTOR YpICAI- CRoSS sECTION '"" LOCgLKre )(HIBIT B3/X Approved by Mayor and Council (0)89-23 10-11-89 TAittroei3 (1111.. Ir.t.w.wA PI.w.w, ,ll.l wl. 't•„•....1....MI11 �.N�MI IIM �p .Iw I.t.ww. Inc. 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 PLANNED AREA DEVELOPMENT (PAD) AMENDMENT PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN: TIME : at or after 7:00 p.m.on WEDNESDAY,SEPTEMBER 1, 1999 PLACE: Oro Valley Town Hall 11,000 N.La Canada Drive Oro Valley,Arizona SUBJECT: PUBLIC HEARING: OV9-99-112 REQUEST TO AMEND THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT, REQUIRING SIDEWALKS ON BOTH SIDES OF RANCHO VISTOSO BOULEVARD FOR ALL FUTURE DEVELOPMENT A request by the land owner to amend the Planned Area Document for the Rancho Vistoso Planned Area Development, requiring that sidewalks be constructed on both sides of Rancho Vistoso Boulevard for all new development. If approved, the proposed changes will affect the development requirements for the Rancho Vistoso PAD. LOCATION: The Rancho Vistoso Planned Area Development encompasses the area west of Oracle Road and north of Tangerine Road, extending to the northern and western Town limits. DESCRIPTION: A map of the Rancho Vistoso Planned Area Development is available for review at the Oro Valley Town Hall,Community Development Services Building, 11,000 N. La Canada Drive,Oro Valley,Arizona,during normal business hours. Members of the public are invited to this meeting and will be given an opportunity to speak. An agenda for the meet, will be made available 24 hours prior to meeting time. Should you have any questions regar.' :this matter • eas- contact Dennis Silva at(520)797-9797. ) a r11 Bry. i t NoA ,e AICP Planning&Zoning Administrator Town of Oro Valley \\OV PZD\PZ1\OV\OV9\1999\9-99-112\NOTICE.TC.doc POSTED: 8/12/99 3:00 PM SR TOWN OF ORO VALLEY .15 COUNCIL COMMUNICATION MEETING DATE: September 1, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Dennis Silva, Jr., Planner I SUBJECT: PUBLIC HEARING: ORDINANCE (0)99-49 , OV9-99-112 REQUEST TO AMEND THE RANCHO VISTOSO PAD, REQUIRING SIDEWALKS ON BOTH SIDES OF RANCHO VISTOSO BOULEVARD FOR ALL FUTURE DEVELOPMENT BACKGROUND: The current Rancho Vistoso Planned Area Development was adopted by the Mayor and Council in 1987. The PAD encompasses 7,626 acres and is bounded on the south by Tangerine Road,on the east by Oracle Road, and on the north by the Tortolita Mountains. When fully developed, the PAD will have a variety of residential types, commercial, technical, and public areas. NATURE OF REQUEST: Staff has received a request from a concerned Oro Valley citizen to amend the Rancho Vistoso PAD to require sidewalks on both sides of Rancho Vistoso Boulevard for all new developments. Presently, the Rancho Vistoso PAD requires sidewalks only to be constructed on the north and west sides of Rancho Vistoso Boulevard. GENERAL PLAN COMPLIANCE: :affhas evaluated the request for the amendment to the Rancho Vistoso PAD against the General Plan Policies. Circulation/Transportation Element: Policy 2.1 D of the General Plan ensures the safe, convenient and efficient non- motorized traffic circulation through building sidewalks, and providing other specific provisions for safe use of arterials by pedestrians. The proposed PAD amendment complies with this policy of the General Plan by encouraging the development of more sidewalks in the Town. PLANNING CONSIDERATIONS: Vistoso Partners, LLC and the Vistoso Community Association support the proposed PAD amendment for providing sidewalks along both sides of streets within the PAD. The Rancho Vistoso PAD states that a primary bicycle-pedestrian path system linking neighborhoods and community amenities shall be provided in conjunction with major streets and routes, and secondary paths shall link planning units with the primary system. Staff recommends adding a condition that sidewalks would be required on both sides of all collectors for future development, not just Rancho Vistoso Boulevard. This proposal is not beyond the scope of the request and ensures compliance with the Rancho Vistoso PAD and the General Plan. The current Subdivision Street Standards for the Town requires sidewalks to be implemented along both sides of paved streets with curbs,or along streets where future curb grades and locations are established. The proposed PAD amendment will comply with this Town requirement. Currently, there are about seven(7)miles of developed sidewalks and about six(6) miles of undeveloped sidewalks along Rancho Vistoso Boulevard. About half of the undeveloped sidewalks occur along developed areas. It will cost the Town ')out$120,000 to install sidewalks along these areas of Rancho Vistoso. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ECOMMENDATION: Staff recommends approval of the proposed Rancho Vistoso PAD Amendment requiring sidewalks on both sides of Rancho Vistoso Boulevard with the condition stated in the Planning and Zoning Commission recommendation. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission recommended approval of this PAD Amendment by a 4—0 vote on August 3, 1999 with a condition requiring sidewalks on both sides of Rancho Vistoso Boulevard (5 foot width) and all collector streets (4 foot width)for future development and the sidewalk may meander to match the existing sidewalks. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Ordinance(0)99-49 , OV9-99-112 Rancho Vistoso PAD Amendment, attached herewith. OR I move to approve Ordinance (0)99-49 , OV9-99-112 Rancho Vistoso PAD Amendment herewith and the following added conditions: OR move to deny Ordinance(0)99- 4 9, OV9-99-112 Rancho Vistoso PAD Amendment, finding that: ATTACHMENTS: 1. Ordinance(0)99-4 9 2. PAD Amendment Proposal amaii it)0Lic.... Plannin Zoning Ad• ' istrator CoAL a) I..:. o' /ity Develop t-► Director .I1 A. 1114 _ 4_' Town Manager F:\ov\ov9\1999\9-99-112\PADAMDTCRPT.doc ORDINANCE (0)99-49 AN ORDINANCE AMENDING THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT REQUIRING SIDEWALKS ON BOTH SIDES OF RANCHO VISTOSO BOULEVARD WHEREAS, Vistoso Partners, LLC the master developer of this PAD, have requested an amendment to require sidewalks on both sides of Rancho Vistoso Boulevard; and WHEREAS, the Planning and Zoning Commission has considered said application for amendment to the Planned Area Development, at a duly noticed Public Hearing, in accordance with State Statutes, and has made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has considered the requested Planned Area Development amendment at a Public Hearing and finds that it to be consistent with the Town's General Plan and Ordinances, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Planned Area Development Document may be amended requiring sidewalks on both sides of Rancho Vistoso Boulevard at a five (5) foot width and all collector streets at a four (4) foot width for future development and the sidewalk may meander to match the existing sidewalks. SECTION 2. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict; ORDINANCE (0)99- 49(Continued) PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 1 St day of September, 1999. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney F:\ov\ov9\1999\9-99-112\ORDINANCE.doc MAY1 : 1 Richard Izen 12356 North Mount Bigelow Road Oro Valley, AZ 85737 May 17, 1999 Mr. Bryant Nodine, Planning and Zoning Administrator Oro Valley Town Hall 11000 North La Canada Drive Oro Valley, AZ 85737 Dear Mr. Nodine, I would like to request that the town consider amending the Rancho Vistoso PAD to require that all future development along the East and South sides of Rancho Vistoso Boulevard include the provision of sidewalks in the Town Right of Way along those sides of the Boulevard. As you know, the current PAD calls for sidewalks only on the West and North sides of the Boulevard. Because of this limit in the PAD requirements three developers (Monterey Homes, Pulte Homes, and Canada Vista Homes) have refused to install these sidewalks despite requests by residents and the Vistoso Community Association. Reasons for the additional sidewalks include the safety and convenience of residents on the East side of the Boulevard who are currently forced to cross the street through the increasing traffic to reach a pedestrian walkway. Further it is my belief that the town will eventually desire these sidewalks along major roads such as Rancho Vistoso Boulevard. If the PAD is changed, the developers would be required to fund these walkways as they develop adjacent areas. If there is no PAD change, the walkways along the entire length of the boulevard will eventually require town funding. This change will mean that while the town will eventually have to fund sidewalks along the already developed areas, the town will save the costs of the sidewalk along areas which have not yet been developed. It is my understanding that Vistoso Partners LLC, the current PAD owner, has given assurances that they would support such a PAD amendment so long as it is not retroactive and so long as they would not have to bear any costs in conjunction with the amendment (fees, surveys, drawings, etc.). This will have to be confirmed with them but I believe my understanding correctly represents their position. You have already received a letter from Mark Lewis indicating that while LMR and Vistoso Community Association have no legal standing, they would support the proposed amendment and act as facilitators. Bryant, there is some urgency to this for two reasons. Currently the PAD owner is favorable to a prospective amendment. As land sales are made, this could change. Secondly, each time a land sale is made under the current PAD rules the portion that is not covered by a prospective amendment (and that the town might well have to fund) increases. If there is anything I can to assist in this please don't hesitate to call me. Sincere Richard lzen c: Mark Lewis Dick Maes I MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 1, 1999 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7: 05 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paul Parisi, Council Member Fran LaSala, Council Member Wayne Bryant, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings. He also reported that the Town would be hosting the League of Cities and Towns Annual Conference at the Sheraton El Conquistador, September 7th— September 10th. CALL TO AUDIENCE Bill Adler, 10720 N. Eagle Eye Place, commented that he believes that the Federal Communications Commission will approve the use of low power FM frequencies and he suggested that the Town follow the issue. He also referenced the Environmentally Sensitive Land Ordinance and stated that the Town should put into place an interim measure to protect environmentally sensitive lands that have either been identified or will be identified between now and the time that the ordinance is actually approved. 1. CONSENT AGENDA At the request of Council Member Bryant, Mayor Loomis pulled Items F, H, I, J, and L from the Consent Agenda. MOTION: Council Member Bryant MOVED to APPROVE the Consent Agenda excluding items F, H, I, J, and L. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. A. Minutes -August 18, 1999 • 09/01/99 Minutes, Regular Council Session 16 MOTION: Council Member LaSala MOVED to CONTINUE OV9-99-112 until October 6, 1999. Council Member Parisi SECONDED the motion. Motion carried, 5 — 0. 16. PUBLIC HEARING—ORDINANCE NO. (0)99-50 OV9-99-113 REQUEST TO AMEND THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT (PAD), TO ADD THE DATE PALM TO THE APPROVED PLANT MATERIALS LIST Community Development Director Brent Sinclair stated that this item is to amend only the Rancho Vistoso Planned Area Development (PAD). He stated that staff has recommended against approval of the amendment with the Planning and Zoning Commission recommending approval with conditions. Mayor Loomis opened the public hearing. Hector Conde, 14040 N. Lobelia, stated that there were good reasons not to have exotic plants in the desert. He explained that the date palm is a habitat for exotic birds that do not belong in the desert. He stated that the date palm is a habitat for palmetto roaches and scorpions. He stated that he has worked on the committee that studied native plants and their recommendation was approved last month. He stated that now there is a request for an exception to the ordinance. He asked why the ordinance was adopted if they are going to change it immediately. He asked that Council reconsider the request. Charles Hulsey, The WLB Group, representing the applicant,Vistoso Partners, stated that they wanted to create an"oasis"type of effect that everyone associates with resorts. The palm tree gives that "sense of resort." He stated that they were asking that the landscape and architectural design community not be limited when they were designing these types of projects. He said that they would have not problem with the conditions as set forth by the Planning and Zoning Commission. Mayor Loomis closed the public hearing. In answer to a question from Council Member Bryant, Mr. Hulsey stated that the numbers of palms allowed would be subject to the Development Review Board's review. In answer to a question from Council Member LaSala, Mr. Sinclair stated that staff felt that they should stick to the General Plan as much as possible. The date palm is not included on the approved plant list. Mayor Loomis stated that date palms grow very tall and are not natural in the desert. He stated that the date palms do not provide shade or no other"real purpose." He stated that there are processes in place that allow date palms to be used by "exception." He stated that the conditions being proposed by the Planning and Zoning Commission do not provide limitations or restrictions that limit the date palms to just resorts. 09/01/99 Minutes, Regular Council Session 17 Council Member Parisi stated that he does not like date palms, but is it government's place to tell people what they can and can not plant? He said that even if the date palm were added to the list, the Development Review Board would still look at the landscape plan. MOTION: Vice Mayor Johnson MOVED to approve Ordinance(0)99-50, OV9-99-113 Rancho Vistoso PAD amendment with conditions recommended by the Planning and Zoning Commission. Council Member Parisi SECONDED the motion. DISCUSSION: Council Member LaSala stated that by adding the date palm to the list, it makes it uncontrollable. They are not restricting the use of plants, as applicants can ask for exceptions and a mechanism is in place for such exceptions. He stated that as long as they follow the General Plan,he did not think there would be any problems. Motion failed, 2—3, with Mayor Loomis, Council Member Bryant, and Council Member LaSala opposed. MOTION: Council Member LaSala MOVED to DENY Ordinance (0)99-50, OV9-99- 113,Rancho Vistoso PAD amendment. Council Member Bryant SECONDED the motion. DISCUSSION: Council Member Parisi asked Council Member LaSala if the applicant came back and presented a plan using date palms, would he agree to the same exception as was given to the Radisson? Council Member LaSala stated that the General Plan encourages restricting the use of non-native plants, but a mechanism is in place for exceptions. He stated that if DRB recommended the exception,then he would agree to it. Council Member LaSala stated that he wanted to keep the same process that was used for the Radisson in place and not open up the floodgates. CALL FOR THE QUESTION: Motion carried, 3 —2, with Vice Mayor Johnson and Council Member Parisi opposed. 17. PUBLIC HEARING—ORDINANCE NO. (0)99-51 AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTERS 2,DEFINITIONS,AND 9,CONDITIONAL USE REGULATIONS,LOCATIONAL REQUIREMENTS FOR CONVENIENCE USES Planning and Zoning Director Bryant Nodine reported that staff has prepared a Zoning Code Amendment that would permit the location of convenience uses in shopping centers and office parks of nine (9) acres in size or larger. He explained that the amendments would also allow for convenience uses to be located in mixed-use developments,both commercial and office in nature. Convenience uses would be subject to timing of development restrictions (cannot be constructed until 50%of the total floor area of the non-convenience use structures have been built.) He also explained that convenience uses in office parks would only be permitted in commercial zoning designations. Mr.