HomeMy WebLinkAboutOV99951 o o1/ TOWN OF ORO VALLEY
COMMUNITY DEVELOPMENT DEPARTMENT
• Building Safety • Parks and Recreation
= • Planning and Zoning • Transit Services
• adkiPLANNING&ZONING DIVISION
PO �g1 11,000 N.La Canada Drive,Oro Valley AZ 85737
UN D EO Phone: 797-9797 Fax: 742-1022
March 9t, 1999
Subject: OV9-99-51 Hallaq Property, Translational Zoning from Pima County
CB-1, CR-2 and TR to Oro Valley C-1, R1-10 and R-6 — Neighborhood
Meeting
Dear Oro Valley Citizen,
In our continuing effort to keep the public informed and involved in the planning and
development of our town,we wish to invite you to a meeting to be held between the owners of
the Hallaq property , the neighboring property owners, and members of the Oro Valley
Planning & Zoning Staff. This opportunity will allow you to express your views and / or
concerns over the translational zoning for this property. The translational zoning for this
property will be as follows:
• 10 acres of County CB-1 Commercial to Oro Valley C-1 Commercial
• 20 acres of County TR to Oro Valley R-6 Multifamily Residential(apartments)
• 50 acres of County CR-2 to Oro Valley R1-10 Single Family Residential (10,000
square foot lots)
The meeting will be held Monday, March 22nd, 1999 at 7:00 pm in the Town Council
Chambers, Oro Valley Town Hall, located at 11,000 North La Canada Drive. Should you
have any questions regarding this meeting,or the translational zoning of the Hallaq property in
general, please contact the planner responsible for this case, David Marsh, at (520) 797-9797
ext. 311.
Sincer= y,
Bry. 7dine,AICP
Plannin: &Zoning Administrator
Attachment:
Location Map(see over)
\\OV PZD\PZ1\OV\OV9\1999\9-99-51\neighbormtg.ltr.doc 1/1
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: OV9-99-51 PARCEL # 224-24-0120 AND PARCEL # 224-24-0130, TRANSLATING
AND REZONING RECENTLY ANNEXED LAND KNOWN AS THE HALLAQ
PROPERTIES, FROM PIMA COUNTY CB-1 (COMMERCIAL), TR (MULTI-FAMILY
RESIDENTIAL AND OFFICES), AND CR-2 (SINGLE FAMILY RESIDENTIAL) TO
ORO VALLEY C-1 (COMMERCIAL), R-6 (MULTI-FAMILY RESIDENTIAL AND
OFFICES),AND R1-10(SINGLE FAMILY RESIDENTIAL)
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 4, and is located at the
north-east corner of Lambert Lane and La Cholla Boulevard. The property extends
approximately'/4 mile north of Lambert Lane,and approximately 1/2 mile east of La
Cholla Boulevard.
DESCRIPTION: A detailed location and description of the parcel slated to be translated can be
obtained at the Oro Valley Town Hall.
Members •f the public are invited to this meeting and will be given an opportunity to speak. An agenda for
the me"g will b- made available 24 hours prior to meeting time. Should you have any questions
regal" this a er, Ili:se contact David Marsh at(520)797-9797.
l„t
Bry7111Frodine AICP
Planni . &Zoning Administrator
Town of Oro Valley
F:\OV\OV9\1999\9-99-51\hallagNOTICE.PZ.doc
POSTED:
3/ 19/99
11:00 AM
SR
4 I AFFIDAVIT PUBLICATION
STATE OF ARIZONA)
:ss,
COUNTY OF PIMA
-L ACEY S T T.
NSON beingfirst
1 � • -
NOTICE OF PUBLIC HEARING duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager
BEFORE THE ORO
VALLEY PLANNING
& ZONING COMMISSION
In accordance with ARS 9-462, of THE DAILY TERRITORIAL, a daily newspaper printed and published in the
9-47' and Section 3-106 of the
Oro Valley Zoning Code Revise°,
NOTICE OF TRANSLATIONAL
ZONING PUBLIC HEARING BE- County of Pima, State of Arizona, and of general circulation in the City of Tucson,
FORE THE ORO VALLEY PLAN-
NING & ZONING COMMISSION
IS HEREBY GIVEN:
TIME: at or after 6:00 p.m. or, County of Pima, State of Arizona and elsewhere, and the hereto attached
TUESDAY, APRIL 6TH, 1999
PLACE: Oro Valley Town Hall, HAL_LA1 P PfPE R 1'I ES
11,00C N. La Canada Drive, Oro
Valley, Arizona PUBLIC NOTICE
SUBJECT: 0V9-99-51 PARCEL
4 224-24-012C AND PARCEL 4 Q _
224-24-0130, TRANSLATING
AND REZONING RECENTLY
ANNEXED LAND KNOWN AS
THE HALLAO PROPERTIES,
FROM PIMA COUNTY CB-1
(COMMERCIAL), TR (MULTI-
FAMILY RESIDENTIAL AND OF-
FICES), AND CR-2 (SINGLE
FAMILY RESIDENTIAL) TO
ORO VALLEY C-1 (COMMER- was printed and published correctly in the regular and entire issue of said THE
CIAL), R-6 (MULTI-FAMILY RE-
SIDENTIAL AND OFFICES),
AND R1-10 (SINGLE FAMILY
RESIDENTIAL) DAILY TERRITORIAL for issues; that the first was made
In accordance with Arizona State
Statute.the zoning on the above-
referenced properties must be
translated and rezoned from on the day of 19
Pima County Zoning Classifica- 22 ri MARCH
tions tc the nearest Oro Valley
Zoning Classifications.
LOCATION: The property listed and the last publication thereof was made on the -t r,,j day of
is located in the area known as
Map 4, and is located at the
north-east corner of Lambert
Lane and La Cholla Boulevard. MARCH 19 ;that said publication
The property extends approxi-
mately 1/4 mile north of Lambert
Lane,ano approximately 1/2 mile
east of La Cholla Boulevard. was made on each of the following dates,to-wit:
DESCRIPTION: A detailed loca-
tion and description of the parcel
slates to be translated can be 0• /.:::.,'.«1/V V
obtained at the Oro Valley Town r
Hall. • t
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 j .--.y F-
'seetinc time. Should you have
any questions regarding this mat-
ter, please contact David Marsh Request of � i tti! ��� ORO VAL.L...t Y
at(520)797-9797. Bryant Nodine
Bryant Nodine AICP Planning &
Zoning Administrator Town of
Oro Valley
Pub: The Daily Territorial
March 22, 1999
Req: Town of Oro Valley
pnhallao 3/22/99 do
The �Daily Territorial
By
Subscribed and sworn to before me this - ri day of MARCH
19 OFFICIAL SEAL
DAWN LEIGH DOUGALL
l NOTARY PUBLIC-ARIZONA
PIMA COUNTY
tPuu.scz:) ) `- My Comm. Ex;ires Sept.20,2002
Notary Public in and for the County of Pima, State of Arizona
My Commission Expires: Vc4.4r1/4:'.G
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: OV9-99-51 PARCEL # 224-24-0120 AND PARCEL # 224-24-0130, TRANSLATING
AND REZONING RECENTLY ANNEXED LAND KNOWN AS THE HALLAQ
PROPERTIES, FROM PIMA COUNTY CB-1 (COMMERCIAL), TR(MULTI-FAMILY
RESIDENTIAL AND OFFICES), AND CR-2 (SINGLE FAMILY RESIDENTIAL) TO
ORO VALLEY C-1 (COMMERCIAL), R-6 (MULTI-FAMILY RESIDENTIAL AND
OFFICES),AND R1-10(SINGLE FAMILY RESIDENTIAL)
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 4, and is located at the
north-east corner of Lambert Lane and La Cholla Boulevard. The property extends
approximately'/4 mile north of Lambert Lane,and approximately'/A mile east of La
Cholla Boulevard.
DESCRIPTION: A detailed location and description of the parcel slated to be translated can be
obtained at the Oro Valley Town Hall.
Members of the public are invited to this meeting and will be given an opportunity to speak. An agenda for
the meet' g will be made available 24 hours prior to meeting time. Should you have any questions
regars' this m tt , e se contact David Marsh at(520)797-9797.
Bryan i ine AICP
Planning&Zoning Administrator
Town of Oro Valley
F:\OV\OV9\1999\9-99-51\hallagNOTICE.TC.doc
AFFIDAVI PUBLICATION
STATE OF ARIZONA)
:ss.
COUNTY OF PIMA 1 ST ACEY S I .I:NSON being first
NOTICE OF PUBLIC HEARING dulysworn, deposes and says that (he) (she) is the Legal AdvertisingManager
BEFORE THE ORO P Y 9
VALLEY TOWN COUNCIL
In accordance with ARS 9-462,
9-471 and Section 3-108 of the
Oro Valley Zoning Code Revised, of THE DAILY TERRITORIAL, a daily newspaper printed and published in the
NOTICE OF TRANSLATIONAL
ZONING PUBLIC HEARING BE-
FORE THE ORC VALLEY
TOWN COUNCIL IS HEREBY County of Pima, State of Arizona, and of general circulation in the City of Tucson,
GIVEN:
TIME: at or after 7:00 p.m. on
MONDAY, APRIL 12TH, 1999
PLACE: Oro Valley Town Hail County of Pima, State of Arizona and elsewhere, and the hereto attached
11,000 N. La Canada Drive Oro
Valley, Arizona Fl t.......(...r PROP E c-t r i t�r.2i
SUBJECT OV9-99-51 PARCEL
a 224-24-0120 AND PARCEL a PI.IBL I C: NOT I CE
224-24-0130. TRANSLATING
AND REZONING RECENTLY
ANNEXED LAND KNOWN AS
THE HALLAQ PROPERTIES,
FROM PIMA COUNTY CB-1
(COMMERCIAL), TR (MULTI-
FAMILY RESIDENTIAL AND OF-
FICES), AND CR-2 (SINGLE
FAMILY RESIDENTIAL) TO
ORO VALLEY C-1 (COMMER-
CIAL),SDETIAR-6 (MULTI-FAMILYOFFICES),RE-
wasprinted andpublished correctlyin the regular and entire issue of said THE
SIDENTIAL AND � g
AND R1-10 (SINGLE FAMILY
RESIDENTIAL)
In accordance with Arizona State
Statute,the zoning on the above- DAILY TERRITORIAL for issues; that the first was made
referenced properties must be
translated and rezoned from
Pima County Zoning Classifica-
tions to the nearest Oro Valley on the day of 19
Zoning Classifications. h MARCH 9,;,p
LOCATION: The property listed •
is located in the area known as
Map 4. and is iocated at the and the last publication thereof was made on the . day of
north-east corner of Lambert """'�t +}
Lane and La Cholla Boulevard. •
The property extends approxi-
mately 1/4 mile north of Lambert MARCH 19 ;that said publication
Lane,and approximately 1/2 mile
east of La Cholla Boulevard.
DESCRIPTION: A detailed loca-
tion and description of the parcel was made on each of the following dates,to-wit:
slated to be translated can be
obtained at the Oro Valley Town
w.
Hall. 0. /2 /99
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 r ' ��
at(520)797-9797.Bryant Nodine Request of ,.�
Bryant Nodine AICP Planning & , r,�j IAIN OF ORO VALLEY
Zoning Administrator Town of
Oro Valley
Pub: The Daily Territorial •
March 29, 1999 ►
Req: Town of Oro Valley
pnhallaq 3/29/99 do
Daily
BySLAA-
4'1 1
•
Subscribed and sworn to before me this day of
MARCH
19 sr, OFFICIAL SSA
h` DAWN LEIGH DOUGALL
- � - NOTP,RY PUBLIC-ARIZONA
PIMA COUNTY
J1?.
* ,,ly Oorrm. Exr res 5'.r- 2C,2002
Notary Public in and for the County of Pima, State of Arizona
My Commission Expires:...t43/0,%
f ,
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 R1-20, 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 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 —O.
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,
leoftFt. cr
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
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY PLANNING&ZONING COMNIISSION
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 COMNIISSION IS HEREBY GIVEN:
TIME : at or after 6:00 p.m.on TUESDAY,MAY 4TH, 1999
PLACE: Oro Valley Town Hall
11,000 N.La Canada Drive
Oro Valley,Arizona
SUBJECT: OV9-99-51 PARCEL # 224-24-0120 AND PARCEL # 224-24-0130, TRANSLATING
AND REZONING RECENTLY ANNEXED LAND KNOWN AS THE HALLAQ
PROPERTIES, FROM PIMA COUNTY CB-1 (COMMERCIAL), TR (MULTI-FAMILY
RESIDENTIAL AND OFFICES), AND CR-2 (SINGLE FAMILY RESIDENTIAL) TO
ORO VALLEY C-2 (COMMERCIAL), R-6 (MULTI-FAMILY RESIDENTIAL AND
OFFICES),AND R1-10(SINGLE FAMILY RESIDENTIAL),WITH CONDITIONS
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 4, and is located at the
north-east corner of Lambert Lane and La Cholla Boulevard. The property extends
approximately'/4 mile north of Lambert Lane, and approximately 1/2 mile east of La
Cholla Boulevard.
DESCRIPTION: A detailed location and description of the parcel slated to be translated can be
obtained at the Oro Valley Town Hall.
Members he public are invited to this meeting and will be given an opportunity to speak. An agenda for
the me ng wil be made available 24 hours prior to meeting time. Should you have any questions
rega 1 this a r lease contact David Marsh at(520) 797-9797.
Brya dine AICP
Planning&Zoning Administrator
Town of Oro Valley
F:\OV\OV9\1999\9-99-51\hal lagNOTICE2.PZ.doc
POSTED: 4/20/99
12 : 30
SR
• AFFIDAVIT UBLICATION
STATE OF ARIZONA)
:ss.
COUNTY OF PIMA ) STAA C EY o T i'NSON being first
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY duly sworn, deposes and says that:U(s )g foo.egal Advertising Manager
PLANNING & ZONING
COMMISSION
In accordance with ARS 9-462,
9-471 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 VALLEYORPLAN- Countyof Pima, State o*Arizona, and ofgeneral circulation in the Cityof Tucson,
PLAN-
NING & ZONING COMMISSION
ISSION
is HEREBY GIVEN:
TIME: at or after 6:00 p.m. on
TPLACE: MAY Valley4T Town Countyof Pima, State of Arizona and elsewhere, and the hereto attached
PLACE: Oro Hall
11,000 N. La Canada Drive Oro
Valley, Arizona itV9„.,99_51 . ARC:EL
SUBJECT: OV9-99-51 PARCEL
#224-24-0120 AND PARCEL # #2 2 4—24—0 1 1.•w 0
224-24-013C. TRANSLATING _
AND REZONING RECENTLY
ANNEXED LAND KNOWN AS
THE �-!•�, � •
THE HALLAQ PROPERTIES,
FROM PIMA COUNTY CB-1
(COMMERCIAL), TR (MULTI-
FAMILY RESIDENTIAL AND OF-
FICES), AND CR-2 (SINGLE
FAMILY RESIDENTIAL) TO
ORO VALLEY C-2 (COMMER-
CIAL), R-6 (MULTI-FAMILY RE- was printed and published correctly in the regular and entire issue of said THE
SIDENTIAL AND OFFICES),
AND R1-10 (SINGLE FAMILY
RESIDENTIAL). WITH CONDI-
TIONS DAILY TERRITORIAL for issues; that the first was made
In accordance with Arizona State
Statute, the zoning on the above
referenced properties must be
translated and rezoned from on the dayof 19
Pima County Zoning Classifica-
tions to the nearest Ore Valley • - APR 1.1 ``C)
Zoning Classifications.
LOCATION: The property listed and the last publication thereof was made on the day of
is located in the area Known as 9 t I
Map 4, and is located at the
north-east corner of Lambert
Lane and La Cholla Boulevard.
The property extends approxi- APR I L 19 ;that said publication
mateiy 1/4 mile north of Lambert
Lane,and approximately 1/2 mile
east of La Cholla Boulevard.DESCRIPTION: A detailed loca- was made on each of the following dates,to-wit:
Lion and description of the parcel
slated to be translated can be
obtained at the Oro Valley Town
Hall.
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
meetinc time. Should you have
any questions regarding this mat-
ter, please contact David Marsh Request of
at(520)797-9797.Bryant Nodine iJWN OF OR(...) VAL.L..EY
Bryant Nodine AICP Planning &
Zoning Administrator Town of
Oro Valley
Pub: The Daily Territorial
April 19, 1999
Req: Town of Oro Valley
pnhaliaq 4/19/99 tjs
DailyTerritorial
By
Subscribed and sworn to before me this day of
OFFICIAL SEAL
19 NI DAWN LEIGH DOUGALL
NOTARY PUBLIC-ARIZONA
►y PIMA COUNTY
s My Comm. Expires Sept,20,2002
Notary Public in and for the County of Pima,State of Arizona
My Commission Expires:)60/n,
• Page 1 of 7
Andrews, Joe
From: Ritchie,Shannon
Sent: Friday,April 19,2002 2:55 PM
To: Andrews,Joe
Subject: More Hallaq (May and July 1999)
MINUTES
ORO VALLEY
PLANNING AND ZONING COMIMIISSION
REGULAR MEETING
MAY 4, 1999
TOWN COUNCIL CHAMBERS
11,000 N.LA CANADA DRIVE
3. PUBLIC HEARING: OV9-99-51,PARCEL#224-24-0120,AND PARCEL#224-24-0130,
TRANSLATING AND REZONING RECENTLY ANNEXED LAND KNOWN AS THE
HALLAQ PROPERTIES,FROM PIMA COUNTY CB-1, TR,AND CR-2 TO ORO VALLEY C-
2, R-6,AND RI-10,WITH CONDITIONS,LOCATED AT THE NORTHEAST CORNER OF
LAMBERT LANE AND LA CHOLLA BOULEVARD (CONTINUED FROM APRIL 611-, 1999
MEETING).
Mr. Nodine, AICP reported that the Town is required to change, or "translate", the zoning on the
annexed property from the CB-1, TR and CR-2 Pima County zoning designations to the closest
comparable Oro Valley zoning designations which are C-1, R-6, and R1-10, respectively. He stated that
staff has recommended a continuance, non-date specific, to address options in the translation.
PUBLIC HEARING OPENED
David Volk, 3745 North Leamaria, represented the applicant and since recommendation is for
continuance, non-date specific he does not see the need to talk at this time.
Richard Tracy, 10674 North Sand Canyon Place, President of the D and E Homeowner's Association,
stated that he is opposed to the rezoning because there is not a simple solution. Mr. Tracy added that he
is already on record of what their position is and does not need to restate his comments. He expressed
concern for the TR to the R-6 translation, he would also like to suggest that if there are any other choices
that could be used for zoning translation, they would like to made aware of this. He asked that he be
kept personally aware of anything that transpires regarding this property.
Mr. Nodine, AICP replied that the only other one is PAD, which is a Planned Area Development and the
TR zoning into Oro Valley as its own zoning category, PAD and then add conditions.
Glen Smith, 10631 North Sand Canyon Place, stated that he had spoken to David Marsh in Planning and
Zoning and would like to say thank you for the courteous assistance that he had received from David.
4/19/2002
• Page 2 of 7
Mr. Smith added that he understood that there were different translations that could be made.
Mr.Nodine, AICP stated that the details are still being worked out at this time.
In answer to Mr. Smith's question,Mr. Nodine, AICP stated that he did not know if Vice Mayor Dick
Johnson was going to host an open forum and that he could call the Town Clerk's office to find out.
Steven Shocat, 1795 West Hunter, stated that he would like to remind the Commission that in his
opinion the said property is not in Oro Valley and would also like to mention that there have been a few
instances (in the translational zonings that the Town of Oro Valley has perfected, in the alleged
annexation areas)that seem to not conform to State Law. State Law requires that translational zoning is
equivalent to or less than intensities already existing. He suggested to the Commission that Oro Valley
should rearrange their zoning categories to conform to that of the County. He stated that Oro Valley is
very likely to run into opposition of translational zonings in the near future.
PUBLIC HEARING CLOSED
MOTION: Moved/Seconded (Briggs/Partridge) and carried by a 7-0 vote to continue OV9-99-51,
Parcel #224-24-0120, and Parcel #224-24-0130,Translating and Rezoning recently annexed land
known as the Hallaq properties,from Pima County CB-1,TR, and CR-2 to Oro Valley C-2,R-6,
and R1-10,with conditions, located at the northeast corner of Lambert Lane and La Cholla
Boulevard, non-date specific.
MINUTES
ORO VALLEY
PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, JULY 6, 1999
TOWN COUNCIL CHAMBERS
11,000 N.LA CANADA DRIVE
1. PUBLIC HEARING: OV9-99-51,TRANSLATIONAL ZONING FOR THE HALLAQ
PROPERTY,LOCATED AT THE NORTHEAST CORNER OF LAMBERT LANE AND LA
CHOLLA BOULEVARD, (CONTINUED,NON-DATE SPECIFIC FROM THE MAY 4 , 1999
MEETING)
Planning and Zoning Administrator Bryant Nodine, AICP reported that in August 1998, pursuant
to Section 9-471B of the Arizona Revised Statutes, the Town of Oro Valley Mayor and Council
annexed the area known as Map 4. 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. This item was reviewed by the Commission on April 6th, 1999 and
continued to the May 4th, 1999 meeting. At the May 4th, 1999 meeting, the Commission
continued the item non-date specific until such time that Staff and the property owner could
resolve several outstanding issues.
4/19/2002
•
Page 3 of 7
Mr. Nodine, AICP stated that in accordance with State Statutes, the Town should translate Pima
County's zoning designations for the Hallaq properties, to Oro Valley's closest equivalent
designations. The translational zoning designations are:
• CB-1 (Commercial)to C-2 (Commercial): 10 acres
• TR (Multi-family residential /offices) to R-6 (Multi-family
residential /offices): 20 acres
• CR-2 (single family residential)to R1-10 (single family residential): 50 acres
Mr. Nodine, AICP informed the Planning Commissioners that meetings with the neighbors by
Staff and the two Commission meetings have outlined several concerns, including intensity of
development immediately adjacent to Canada Hills, height issues, and the type of uses on-site.
While the uses allowed on the property must be translated to the nearest Oro Valley zoning
equivalent, and are essentially `fixed', Staff and the property owner's representative have agreed
on a proposal that restricts the intensity of development on portions of the site, and moves the
more controversial TR to R-6 translational zoning designation away from Canada Hills. This is
summarized in the attached map illustrating the proposed translational zoning designations. The
CR-2 designation would be translated to R1-10, with conditions, these being a minimum lot size
of 16,000 square feet, with a lot reduction option to a minimum lot size of 12,000 square feet.
This minimum lot size will match that of the existing homes to the north, while allowing the
property owner some flexibility in developing the site. It is important to note that the lot
reduction option will allow a lower overall density of 2 dwelling units per acre (DU/ac), and will
result in an increase in open space preservation through clustering.
Mr. Nodine, AICP reported that because all of the uses are permitted on the property, involve the
same quantity of land, and the intensity of uses will not increase, these actions are deemed not to
be a `rezoning', but a valid component of the translational zoning process. The Town Attorney
has reviewed the legality of this translational zoning proposal, and has given his consent.
Mr. Nodine, AICP explained that the one outstanding issue that remains is a proposed time
restriction on the CB-1 to C-2 Commercial translation. Staff has requested that a time limit of
five years be placed on this designation, which would revert to R1-144 zoning if construction did
not commence on an approved development plan. The rationale behind this recommendation is
that the C-2 zoning is not in conformance with the General Plan Land Use designation of Low
Density Residential (1.3 to 2.0 DU/ac) for this site. Staff would be amenable to an additional five
year extension on this zoning designation if the General Plan designation has been updated to a
Community Commercial designation at that time. The owner's representative disputes this
condition, and this issue has not been resolved in several meetings with Staff. The rationale for
this disagreement is outlined in the attached letter from the owner's representative.
Mr. Nodine, AICP added that this property is not in conformance with the Town's General Plan
land use map. The land use category for this area is Low Density Residential (1.3 to 2.0 DU/ac)
which does not comply with the proposed translated zoning of C-2, R-6, and R1-10; however,
the current Pima County CB-1, TR, and CR-2 zoning designations existed prior to the property
being annexed into the Town.
Mr. Nodine, AICP concluded with Staffs recommendation which is approval of the translation
of zoning on 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-2, R-6, and R1-10, with the conditions listed in
Exhibit A.
4/19/2002
. Page 4 of 7
Exhibit A, Conditions for Approval, OV9-99-51, Hallaq Translational Zoning:
1. A 16,000 square foot minimum lot size shall apply for the area translated to the R1-10
zoning designation. A 12,000 square foot minimum lot size may be permitted in the R1-10
zone under a lot reduction option, which will require additional preservation of open space
and buffering of adjacent properties. The gross density in the R1-10 area may not exceed two
DU/ac.
2. The 5 acre R-6 parcel located immediately to the north of the 10 acre C-2 parcel shall not
exceed a maximum density of 12.5 DU/ac.
3. The 15 acre R-6 parcel located along Lambert Lane shall not exceed a maximum density of
18 DU/ac.
4. The property owner, and their successors, shall record a final plat or begin construction upon
an approved development plan by July 6th, 2004 in order to retain the C—2 conditional
zoning entitlement. This date shall be amended to July 6th, 2009 if the General Plan Land
Use designation for the C-2 site is amended to"Community Commercial" by July 6th, 2004.
In response to Commissioner Briggs' question, Mr. Nodine, AICP answered that normally translational
zonings carry a time limit because the staff does not know what the conditions will be in the future.
Conditions do change and appropriate uses might change as well.
Larry Shubart, Attorney with Stubbs and Schubart, 340 N. Main, Tucson, stated that the staff report was
a very comprehensive report. He would like to add a couple of comments regarding the suggested
conditions of the translational zoning. Mr. Schubart explained that he and his client are in agreement
with the conditions that have been proposed with the exception of the time constraint. He added that
Pima County does not have time constraints and he felt that it is not realistic that a commercial
development could be finished within a five year time period.
PUBLIC HEARING OPENED
Glenn Smith, 10631 N. Sand Canyon, Oro Valley, stated that he appreciated the efforts that staff and the
Hallaq's had worked out. Mr. Smith stated the he understood that in RI-10 and R6 the maximum
building height is 25 feet. He asked the Commission to restrict the height of the buildings to 18 feet for
all properties.
Mr. Nodine, AICP confirmed that the maximum building height in those districts is 25 feet.
Richard Tracy, 10647 N. Sand Canyon, Oro Valley, stated that he is the President of the La Privada
Homeowners Association and his property is north of the affected properties. He was under the
misguided impression that homeowners of the adjoining properties were going to be included in the
compromise conference. He stated that it was said that there were not any other issues. Mr. Tracy stated
that there were many issues that needed to be addressed regarding washes, wildlife, etc. He concluded
that the opposition backed off because he was under the impression that the homeowners were going to
be included and they were not.
Chair Douglas asked Mr. Tracy if his Homeowner's Association represented all of the affected
properties.
4/19/2002
• Page 5 of 7
In answer to Chair Douglas' question, Mr. Tracy stated that his Homeowner's Association did not
represent all of the affected areas.
Commissioner Ruble asked Mr. Tracy what he did or did not like about the proposed translational
zoning and or the conditions.
In response to Commissioner Ruble's question, Mr. Tracy explained that views to the south are going to
be obstructed. The homeowners in the lower section have paid serious money for the fabulous views.
He added that people who do not own their own homes do not have the same concerns for the
neighborhood community.
In answer to Commissioner Moody's question, Mr. Tracy stated that yes, the homeowner should be
responsible in finding out what the zoning is surrounding their property if there are issues that concern
them.
In response to Chair Douglas' question, Mr. Nodine, AICP stated that all property owners within 600
feet of the proposed translational zoning were noticed.
Mr. Bill Adler, 10720 N. Eagle Eye, Oro Valley, stated that during the Pusch Ridge Apartment debate a
12.5 unit cap was evolved. All you have to do is drive by the Rock Ridge and Pusch Ridge Apartments
and see the difference. The 12.5 is plenty, it may not make a dramatic difference but in terms of the
mass and the bulk impression on the thoroughfare. He added that he would like the Commission to
request a 12.5 cap instead of the 18 cap that was recommended.
In response to Chair Douglas' question, Mr.Nodine stated that this is a translational zoning request and
an amendment to the general plan is not needed.
Mike Sellers, 1825 W. Wimbledon Way, Oro Valley, stated that he has been a resident at this address
for seven and a half years and he has seen a lot things happen in Oro Valley. Mr. Sellers stated that
there are not enough roads or schools in Oro Valley. He added that his daughter graduated from Canyon
Del Oro High School four years ago. By the time his son, who is in 7th grade now, reaches high school
the high school will probably just start stacking the kids on top of each other. The big picture is the type
of environment that this property has. It is a very pristine area with wildlife and numerous washes, once
development starts there is going to be significant grading done in order to build what has been
proposed. He concluded by stating the beautiful desert is just being ground under and the homes are
being built one on top of another.
Bill Belskis, 1637 N. Sand Canyon Place, Oro Valley, stated that he would like to have the proposed
property strictly residential. He asked the Commission to consider just residential for this property, no
commercial developments or apartments.
Ken Bowen, 2073 W. Three Oaks, Oro Valley, stated that when he and his wife bought their property at
a premium price. At that time, he was told by U.S. Homes that nothing would ever be built on that
property.
Mr. Schubart added that this is not a request for a rezoning, this is merely a translation of existing
zoning adopted by Pima County to the most appropriate zoning denomination in Oro Valley. It is not
that type of discretion, whereas to down zone the property to make it one home, to put restraints on
otherwise permissible heights. He would like no one to overlook the tremendous concessions that the
4/19/2002
Page 6 of 7
Hallags have voluntarily made on this matter. Under Pima County zoning the Hallags have the right to
plat 43 homes per acre (TR Zone), to do the commercial site,to do everything that is permitted under
the CD-1 zone in Pima County. To develop what was CR-2, to the maximum permissible intensity
without any conditions or otherwise restraints on that rezoning. That is not what the Hallags want to do
and the concessions should not be overlooked. He concluded that the amount of development has been
greatly reduced and would like to ask that staff's recommendations be approved as written, without any
time constraints imposed upon the commercial development.
PUBLIC HEARING CLOSED
Mr.Nodine, AICP, stated that he would like to clarify the states requirements in reference to rezoning.
First of all there is a requirement to translate to the closest equivalent zoning that Oro Valley has. The
other requirement is that the density cannot be increased. He added that the density is a lot less than
what Pima County allows. The Town could not translate this to one unit per acre or all residential and
meet the state requirements, it would be an illegal translation. Mr.Nodine, AICP pointed out that the
only way this does not meet the closest Oro Valley equivalent is the added provision of 18 dwelling
units per acre in the apartments that would be right along Lambert Lane, as opposed to the 12.5 dwelling
units per acre that the code requires. That is in response to what the applicant has done by moving the
dwelling units per acre down to Lambert Lane versus La Canada.
Commissioner Briggs stated that it would be beneficial for people to know that the translational zoning
is just the first step. There are still the matters of an approved development plan, grading permit for
substantial grading, etc. It is important to remember that this is the beginning.
Mr. Nodine, AICP stated that this is really the beginning of the process. The next step would be a
preliminary plat for the single-family residential areas or a development plan for multi family residential
and commercial projects. Those plans go before the Development Review Board and the Town
Council. At the Development Review Board these plans are not considered public hearings, but
typically people are allowed to speak. The next step after that is approval of a preliminary plat and or an
approval of a development plan is to submit improvement plans, a grading plan, and those are reviewed
per Oro Valley standards. The Grading Ordinance in Oro Valley has a maximum eight foot if you meet
certain conditions, or six foot typically cut and fill, which is opposed to no limit in Pima County in terms
of cut and fill. So there is significantly less potential for grading in Oro Valley. The other requirement
for this type of development is for the grading plan to go to the Development Review Board and it has to
be phased. Essentially only about 75 units at a time can be graded and the remainder of the grading has
to be spread out over a number of years. The same is true of the development plan that might or might
not have to be phased, that is at the breaking even point in terms of whether it is required or not.
In answer to Commissioner Wiant's question, Mr.Nodine, AICP stated that the Pima County Zoning
has been in since it was adopted August 24, 1970.
In response to Commissioner Ruble's question, Mr. Nodine, AICP explained that the distance between
the panhandle zoned R1-10 and the R6 and the pad at the top is about 300 feet.
Chair Douglas stated that he agrees that all of the commercial development should not be on Oracle
Road. He explained that appropriate commercial developments should be very strategically positioned
throughout the community so that revenues can be generated for the town and people of the community
can find the services that they need.
Chair Douglas stated that he is in favor of restricting the fifteen acre parcel to the 12.5 cap on the
dwelling units and encourages the time constraint suggested by Planning staff.
4/19/2002
Page 7 of 7
Commissioner Moody stated that at the time he purchased his property he had not checked the zoning
surrounding his subdivision. Having known then what he knows now and seeing the apartment complex
that has been built and is continuing to be built, he would not have purchased his house in that location.
MOTION: Moved/Seconded (Moody/Wiant) and carried by a 5-0 vote to recommend approval of
OV9-99-51, translational 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-2,R-6, and RI-10,with the
maximum of 12.5 units per acre under the appropriate zoning and the conditions of approval
listed in Exhibit A:
1. A 16,000 square foot minimum lot size shall apply for the area translated to the RI-10
zoning designation. A 12,000 square foot minimum lot size may be permitted in the R1-10
zone under a lot reduction option,which will require additional preservation of open space
and buffering of adjacent properties. The gross density in the RI-10 area may not exceed
two DU/ac.
2. The 5 acre R-6 parcel located immediately to the north of the 10 acre C-2 parcel shall
not exceed a maximum density of 12.5 DU/ac.
3. The 15 acre R-6 parcel located along Lambert Lane shall not exceed a maximum density
of 12.5 DU/ac.
4. The property owner, and their successors, shall record a final plat or begin construction
upon an approved development plan by July 6th, 2004 in order to retain the C-2
conditional zoning entitlement. This date shall be amended to July 6th, 2009 if the General
Plan designation for the C-2 site is amended to "Community Commercial" by July 6,2004.
Shannon Ritchie,Secretary III
Town of Oro Valley
Planning and Zoning
11000 North La Canada Drive
Oro Valley AZ 85737
(520)229-4815 phone
(520)742-1022 fax
4/19/2002
NOTICE OF PUBLIC HEARING
BEFORE THE
ORO VALLEY PLANNING AND ZONING COMMISSION
In accordance with ARS 9-462 and Section 3-203 of the Oro Valley Zoning Code Revised,
NOTICE OF REZONING PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND
ZONING COMMISSION IS HEREBY GIVEN:
TIME: at or after 6:00 p.m. on Tuesday, June 18, 2002
PLACE: Oro Valley Town Hall, 11,000 N. La Canada Drive, Oro Valley, Arizona
SUBJECT: OV9-01-04, TRANSLATIONAL ZONING FROM PIMA COUNTY CODES
TO ORO VALLEY CODES FOR A 350-ACRE PARCEL ANNEXED INTO
TOWN OF ORO VALLEY KNOWN AS RANCHO VISTOSO
NEIGHBORHOOD 12, LOCATED NORTH OF RANCHO VISTOSO
BOULEVARD IN THE NOTCH FORMED BY THE TOWN
BOUNDARIES BETWEEN RANCHO VISTOSO NEIGHBORHOODS 11
AND 13
DESCRIPTION: In March 2002, the Town of Oro Valley annexed the area known as Neighborhood
12. In accordance with State Statutes, the Town is required to change, or
"translate" the zoning on the annexed properties from its original zoning
designations to the closest comparable Oro Valley zoning designation. Following
is a list of parcels involved in this translational zoning:
Parcel Area Current Pima County Adopted Oro Valley
(Acres) Zoning Zoning
219-04- 190.0 CR-1 (Single Family PAD (Rancho Vistoso)
009E Residence)
219-20- 143.2 CR-5 (Multiple Residence PAD (Rancho Vistoso)
002A Zone)
219-20- 16.3 RH(Rural Homestead) PAD (Rancho Vistoso)
002B
TOTAL 349.5
Members of the public are invited to attend this meeting and will be given an opportunity to speak.
Should you have any questions regarding this matter, please contact Sangeeta Jain, Planner II at (520)
229-4800.
Bayer Vella, AICP
Senior Planner
\\OV PZD\PZ1\OV\OV9\2001\9-01-04\P&Z Notice June 2002.doc
it AFFIDAVIT Cr- ''UBLICATION
STATE OF ARIZONA)
:ss.
COUNTY OF PIMA )
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 Tuc-
son,
County of Pima, State of Arizona and elsewhere, and the hereto attached
0V9-99-51
PUB .«IC NOTICE
was printed and published correctly in the regular and entire issue of said THE
DALLY TERRITORIAL for issues; that was first made
2 4 h
on the day of 20
4t h
and the last publication thereof was made on the day of
20 ; that said publication
was made on each of the following dates, to-wit:
Request of
r.. ,1 i«fit %R t VALLEY
TAe i Dal Territorial
By
14,7/
/6 LI
Subscribed and s`Worn to before me this da of
Y
20 Z %c
rK
NANN NOrary Public p �DmyComm,fMA.eiis Aril 15 2005
Notary Public in and for the County of Pima, State of Arizona
My Commission Expires: C`1 t V C
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 TOWN COUNCIL IS HEREBY GIVEN:
TIME:at or after 7:00 p.m.on WEDNESDAY,JUNE 19TH,2002
PLACE:Oro Valley Town Hall 11,000 N.La Canada Drive Oro Valley,Arizona
SUBJECT: PUBLIC HEARING: OV9-99-51, TRANSLATING AND REZONING
LAND ANNEXED AT THE NORTHEAST CORNER OF LAMBERT LANE AND LA
CHOLLA BOULEVARD, KNOWN AS THE HALLAQ PROPERTIES (PARCELS#
224-24-0120 AND#224-24-0130), FROM PIMA COUNTY CB-1 (COMMERCIAL),
TR(MULTI-FAMILY RESIDENTIAL AND OFFICES),AND CR-2(SINGLE FAMILY
RESIDENTIAL)TO ORO VALLEY C-2(COMMERCIAL),R-6(MULTI-FAMILY RESI-
DENTIAL AND OFFICES), AND R1-10(SINGLE FAMILY RESIDENTIAL), WITH
CONDITIONS
In accordance with Arizona State Statute,the zoning on the above-referenced proper-
ties must be translated and rezoned from Pima County Zoning Classifications to the
nearest Oro Valley Zoning Classifications.
LOCATION:The property listed is located at the northeast corner of Lambert Lane
and La Cholla Boulevard.The property extends approximately 1/2 mile north of Lam-
bert Lane and approximately 1/4 mile east of La Cholla Boulevard.
DESCRIPTION:A detailed location and description of the parcel slated to be translat-
ed can be obtained at the Oro Valley Town Hall.
Should you nave any questions regarding this matter,please contact Bayer Vella,Se-
nior Planner,at(520)229-4810,or at bvellagorovailey.net
Pub:The Daily Territorial
May 24,2002
Req:Town of Oro Valley
pnov9-99-51 kb
TOWN OF ORO VALLEY 1
a
COUNCIL COMMUNICATION MEETING DATE: June 19th,2002
TO: HONORABLE MAYOR & COUNCIL
FROM: Bayer Vella, AICP, Senior Planner
SUBJECT: PUBLIC HEARING — ORDINANCE NO. (0)02-17 ,OV9-99-51 PARCEL # 224-24-0120
AND PARCEL # 224-24-0130, TRANSLATING THE ZONING FOR THE RECENTLY
ANNEXED LAND KNOWN AS THE HALLAQ PROPERTIES, FROM PIMA COUNTY
CB-1, TR, AND CR-2 TO ORO VALLEY C-2, R-6, AND R1-10,_ WITH CONDITIONS,
LOCATED AT THE NORTHEAST CORNER OF LAMBERT LANE AND LA CHOLLA
BOULEVARD
BACKGROUND:
In August 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 4. 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.
The attached map identifies the location of the parcels owned by the Hallaq family and the proposed translational
zoning designations. The property is located at the northeast corner of Lambert Lane and La Cholla Boulevard.
This item has a lengthy history. In 1999, it was reviewed via multiple venues: several neighborhood meetings,
three public hearings before Planning & Zoning Commission, and scheduled (not heard) 4 times before the Town
Council. It was scheduled for review last in October of 1999 -- then it was put on hold for several years. The
Courts restricted the Town from exercising authority in this area—pending resolution of annexations claims.
SUMMARY:
In accordance with State Statutes, the Town must translate the Pima County zones to Oro Valley's closest
equivalent designations. The County zones and OV translational zoning designations are depicted below:
COUNTY ZONING TOWN EQUIVALENT LAND AREA
CB-1 (Commercial) C-2 (Commercial) 10 acres
TR(Multi-family R-6 (Multi-family 20 acres
residential/offices) residential/offices)
CR-2 (single family R1-10 (Single family 50 acres
residential) residential)
While the applicant and staff have agreed to the general zoning designations for the translation, there were earlier
discussions regarding the following issues: arrangement of zoning designations, proposed time limits for the CB-1
translational zoning designation, specific development conditions to be placed on the property, and certain legal
TOWN OF ORO VALLEY
7OUNCIL COMMUNICATION Page 2 of 4
questions which needed to be resolved by the Town Attorney. Staff has met with the applicant and resolved all
issues
The single greatest issue for staff and the neighboring property owners was the location of the proposed zoning
categories. Consensus was achieved by aligning similar zoning densities adjacent to existing residents. The
following steps were taken to accomplish this objective:
• Staff and the property owner's representative agreed on a proposal that restricts the intensity of
development on portions of the site by relocating the more controversial TR-to-R-6 translational zoning
designation away from Canada Hills. The location is depicted in the attached map illustrating the proposed
translational zoning designations.
• The remaining TR area along La Cholla would be translated to R-6 with a maximum density restriction of
12.5 DU/ac. The TR area along Lambert Lane would also be translated to R-6 -- and the applicant has
proposed a maximum density of 18 DU/ac for this section of the property.
• The CR-2 designation would be conditionally translated to R 1-10. In order to more closely match the
County CR-2 entitlements, the condition entails establishing a minimum lot size of 16,000 square feet with
a lot reduction option to a minimum lot size of 12,000 square feet. This minimum lot size will also match
that of the existing homes to the north, while allowing the property owner a degree of development
flexibility. This lot reduction option requires a lower overall density of 2 dwelling units per acre (DU/ac)
versus approximately 2.3 DU/ac under County CR-2 -- and will result in an increase in open space
preservation through clustering.
• The CB-1 area will be conditionally translated to C-2 without an increase in land intensity. Staff
recommends establishing a time limit (as the County did when it was originally rezoned) to either develop
the property or amend the General Plan (5 years). If one or the other doesn't occur within the time limits,
the C-2 portion will revert to R1-144.
The above proposal will result in an overall decrease in density from the zoning designations in Pima County. The
decrease in density for the various designations is summarized below:
County Zoning Density OV Zoning Density
CB-1 Commercial N/A C-2 Commercial N/A
10 acres 10 acres (no change)
TR 44 DU/ac R-6 Multi-Family/Offices 18 DU/ac
20 acres@44DU/ac 20 acres @ 18 DU/ac
CR-2 Residential +/-2DU/ac R1-10 Residential +/-2DU/ac
60 acres @+/-2 DU/ac 60 acres @+/-2 DU/ac
OVERALL: 12.5 6.0
DU/ac DU/ac
.
TOWN OF ORO VALLEY
'OUNCIL COMMUNICATION Page 3 of 4
Because all the uses are permitted on the property, involve the same quantity of land, and the overall intensity of
uses will not increase, the aforementioned actions are deemed to be a valid component of the translational zoning
process. The Town Attorney has approved the legality of this translational zoning proposal.
PLANNING & ZONING COMMISSION ACTION:
On April 6th, 1999, the Planning & Zoning Commission voted 5-0 to recommend approval of this item. The
Commission added a density limit of 12.5 DU/ac to the portion of R-6 zoning area along the Lambert Lane
frontage; whereas staff originally proposed a maximum of 18 DU/ac. Staff and the applicant concur with the
Commission's recommendation.
GENERAL PLAN COMPLIANCE:
This property is not in conformance with the Town's General Plan land use map. The land use category for this
area is Low Density Residential (1.3 to 2.0 DUA), which is not compatible with the proposed translational zoning
designations of C-2 and R-6. There are,however, two important considerations:
• The current Pima County CB-1, TR, and CR-2 zoning designations existed prior to the property being
annexed into the Town.
• The current General Plan Update alternatives provide for commercial and higher intensity uses at this
location.
PUBLIC COMMENT:
Members of the public expressed concerns about this proposal before the Planning & Zoning Commission on July
6th, 1999 (minutes attached). Neighbors were concerned about the amount of grading and the potential destruction
of the washes present on the property. It is important to note that the Town's ordinances will afford considerable
more protection than those enforced by the County. The aforementioned issues will be addressed upon submittal
of a development plan.
Staff noticed this item in accord with Town policy. To date,no public comments have been received.
RECOMMENDATIONS:
Staff recommends approval of this item, as all elements of the translational zoning process have been addressed.
All issues specific to site design will be addressed as part of the development review process.
SUGGESTED MOTIONS:
I move to alopt Ordinance No. (0) 02-170V9-99-51, 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-2, R-6, and R1-10,
-id all applicable development standards of those Oro Valley zoning districts shall apply thereto, with the
.,onditions listed in the Ordinance.
OR
•
TOWN OF ORO VALLEY
.:OUNCIL COMMUNICATION Page 4 of 4
I move to adopt Ordinance No. (0)02_17 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-2,R-6, and R1-10,
and all applicable development standards of those Oro Valley zoning districts shall apply thereto,with the
conditions listed in the Ordinance, and the following additional conditions: .
ATTACHMENTS:
1. Ordinance No. (0)02_17
2. Exhibit A, County Zoning and Oro Valley Translational Zoning Designations.
3. Exhibit B, July 6, 1999,Planning&Zoning Commission Minutes.
F:\OV\OV9\1999\9-99-51\Town Council Report 2002.doc
i/Lai
i 1
Plannin ' Zoning Administrator
43-4-
Community Dev opment Director
Town Manager
Cc: Larry Schubart
Stubbs & Schubart,P.C.
Fax# 882-3909
ORDINANCE NO. (0)021 7 -
AN ORDINANCE TRANSLATING THE ZONING FROM
PIMA COUNTY CB-1,TR,AND CR-2 TO ORO VALLEY C-2,
R-6, AND R1-10, WITH CONDITIONS, ON THE
PROPERTIES KNOWN AS THE HALLAQ PROPERTIES,
LOCATED WITHIN MAP 4; AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, the owners of certain real property known as the Hallaq Properties, located
within Map 4,has been annexed into the Town; 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,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF
THE TOWN OF ORO VALLEY:
SECTION 1. That the Hallaq Properties contained within Map 4 be translationally zoned
from Pima County CB-1, TR, and CR-2 to Oro Valley C-2, R-6, and R 1-10, as shown in the
attached Exhibit A, and that all applicable development standards of the C-2, R-6, and R1-10
zoning districts shall apply thereto to said property.
SECTION 2. That the 20 acres of R-6 zoning designation shall not exceed a maximum
density of 12.5 dwelling units per acre (DU/ac).
SECTION 3. That a 16,000 square foot minimum lot size shall apply for the 50 acres
translated to the R 1-10 zoning designation. A 12,000 square foot minimum lot size may be
permitted in the R 1-10 zone under a lot reduction option, which will require additional
preservation of open space and buffering of adjacent properties. The gross density in the R 1-10
zoning designation shall not exceed two dwelling units per acre (DU/ac).
SECTION 4. That the property owner, and their successors, shall record a final plat or
begin construction upon an approved development plan for the C-2 portion on the property by
June 19th, 2007 in order to retain the C — 2 conditional zoning entitlement. This date shall be
amended to June 19th, 2012 if the General Plan Land Use designation for the C-2 site is amended
to "Community Commercial"by June 19th, 2007.
SECTION 5. That all ordinances and parts of ordinances in conflict herewith be and the
same are hereby repealed to the extent of such conflict;
SECTION 6. That this ordinance and the various parts thereof are hereby declared to be
severable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any
reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining
portion of this ordinance.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this 19th day of June, 2002.
Paul H. Loomis, Mayor
ATTEST:
Kathryn Cuvelier,Town Clerk
APPROVED AS TO FORM:
Daniel L. Dudley,Town Attorney
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http://www.maps.co.pima.az,us/mwfs/dotmap3,mwf Wednesday, May 12, 1999 12:42 PM
EXHIBIT B
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
JUNE 19,2002
ORO VALLEY COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 p.m.
CALL TO ORDER 6:05 p.m.
ROLL CALL
PRESENT: Paul Loomis, Mayor
Dick Johnson, Vice Mayor
Paula Abbott, Council Member
Bart Rochman, Council Member
Werner Wolff, Council Member
EXECUTIVE SESSION AT OR AFTER 6:00 p.m.
Mayor Loomis announced that in addition to the Town Council, the Town Manager,the
Town Attorney, and the Deputy Town Clerk, Planning and Zoning Administrator Bryant
Nodine would be present in Executive Session.
MOTION: A MOTION was made by Council Member Wolff and SECONDED by Vice
Mayor Johnson to go into Executive Session at 6:05 p.m. for the following purpose:
-Pursuant to ARS 38-431.03(A)(3) discussion or consultation with the Town Attorney
relating to the Rancho Vistoso Planned Area Development/General Plan Amendments
and related matters, including the 1996 Supplemental (Water) Agreement with Vistoso
Partners LLC and Vistoso Golf Partners LLC
Motion carried, 5 — 0.
RECESS of Executive Session: In the event that the Council would need to reconvene
the Executive Session, Mayor Loomis RECESSED the Executive Session at 7:12 p.m.
(The Executive Session was ADJOURNED at 1:45 a.m. along with the Regular Session.)
RESUME REGULAR SESSION AT OR AFTER 7:25 p.m.
CALL TO ORDER
ROLL CALL
PRESENT: Paul Loomis, Mayor
Dick Johnson, Vice Mayor
Paula Abbott, Council Member
Bart Rochman, Council Member
Werner Wolff, Council Member
10
06/19/02 Minutes, Council Regular Session 2
PLEDGE OF ALLEGIANCE
Mayor Loomis led the audience in the Pledge of Allegiance.
UPCOMING MEETING ANNOUNCEMENTS
Town Manager Chuck Sweet reviewed the upcoming meetings.
Mayor Loomis announced that Items 11 & 12 would be combined and the public hearings
would be conducted simultaneously, after which,both items would be considered by
separate for motions.
CALL TO AUDIENCE
Robert Rubino, 13878 North Lobelia Way, Oro Valley, AZ, stated that he was in full
support of the police pension plan and new hires for the police department.
CONSENT AGENDA
At the request of Council Member Wolff, Mayor Loomis pulled Item E off the Consent
Agenda for discussion.
MOTION: Council Member Johnson moved to approve the Consent Agenda with the
exception of Item E. Motion seconded by Council Member Rochman. Motion carried, 5-
0.
A. Minutes—6-5-02
B.Building Safety Activity Report—May 2002
C. Coyote Run Monthly Report—May 2002
D. Economic Development Activity Report—May 2002
E. Police Report—May 2002
F. Project No. OV22-01-01 Award of Bid for the Oro Valley Water Utility Linda Vista
Reservoir Overflow to DAR-HIL Corporation in the amount of$73,740.00
G. OV5-01-08 Approval of the Public Art Proposal for the Albertsons Inline Shops,
Located on the northwest corner of First Avenue and Oracle Road, Parcel#220090250
H. General Plan Update 2020 Status Report#6
I. Resolution No. (R)02- 51 Authorizing the execution of an Intergovernmental
Agreement for Animal Control Services between the Town of Oro Valley and Pima
County
J. Resolution No. (R)02-52 Approval of a Development Agreement between the Town of
Oro Valley and Conquistador Properties, L.L.C.
K. Cancellation of the July 3, 2002 Regular Town Council Meeting due to the Fourth of
July Holiday
E. POLICE REPORT—MAY 2002 STATISTICS
06/19/02 Minutes,Council Regular Session 3
Council Member Wolff pointed out that there was an increasing number of violations that
were occurring around the Town and it was important to have an efficient police
department.
Chief Sharp agreed that the call load continues to grow. He explained that the
department has noticed a spike in calls since the September 11th incident and addressed
the following concerns:
• Calls for service have increased about 10% each year.
• Due to the departments performances measure all calls response time is within 5
minutes 90%percent of the time. He explained that as a result, the demand for
calls per service impacts the department's ability to be proactive in things such as
citation and dark house checks.
• The department currently has officers in training and has lost officers; the
department is currently down 4 officers and 2 officers are on military leave.
• 911 calls are first priority.
Council Member Wolff agreed that being proactive was the thing to do as opposed to
being reactive. He urged Council to recognized this and support the Police Department in
their request.
There was no action required for this item.
2. PRESENTATION OF PLAQUE OF APPRECIATION TO MARK BROSSEAU
FOR HIS SERVICE ON THE PARKS AND RECREATION ADVISORY BOARD
Mayor Loomis announced that Mark Brosseau was not in the audience to accept his
plaque. He stated that Mr. Brosseau served in the Parks Board from October 2000
through May 2002.
3. APPOINTMENT OF MEMBERS TO THE PLANNING AND ZONING
COMMISSION WITH TERMS EXPIRING JUNE 30,2004
MOTION: Council Member Wolff moved to appoint Mr. Don Manross, and reappoint
Mr. Bill Matsukado and Mr. Bill Moody to the Planning & Zoning Commission for a
term of two years with their terms expiring June 30, 2004. Motion seconded by Vice
Mayor Johnson. Motion carried, 5-0.
4. APPOINTMENT OF MEMBERS TO THE BUDGET AND BOND
COMMITTEE WITH TERMS EXPIRING JUNE 30, 2004
MOTION: Council Member Wolff moved to approve the appointment of Mr. Robert
Jennens, Ms. Lyra Done, and Mr. Bob Schlichting to the Budget and Bond Committee
with their terms expiring June 30, 2004. Motion seconded by Council Member
Rochman. Motion carried, 5-0.
06/19/02 Minutes,Council Regular Session 4
5. APPOINTMENT OF MEMBERS TO THE WATER UTILITY COMMISSION
WITH TERMS EXPIRING JUNE 30, 2005
MOTION: Mayor Loomis moved to re-appoint Ms. LaQuita Stec and Mr. Leo
Leonhart, and appoint Ms. Erin Loudermilk to the Water Utility Commission for a term
of 3 years, with their terms expiring June 20, 2005. Council Member Rochman seconded
the motion. Motion carried, 5-0.
6. PRESENTATION OF DESIGN PLAN—2002 SUMMER TRANSPORTATION
ART BY YOUTH PROGRAM
This year's project includes the tiling of 8 concrete benches to be located adjacent to the
sidewalks on Rancho Vistoso Boulevard. The students have been working with Artist
Supervisor Io Palmer to develop a design plan for the benches. The students provided
specific details during their presentation. The following high school students are
participating in this project.
Julie Fisher Alex Atkin Nathan Graves
Kristin Cuvelier Marc Gouveia Sean Thurlon
Jessica Jones Anna Rodriguez Aaron Vosler
Courtney Johnston
The project is scheduled for completion on July 26, 2002.
7. PUBLIC HEARING—RESOLUTION NO. (R)02-53 ADOPTION OF THE
TENTATIVE BUDGET FOR FISCAL YEAR 2002-2003; SETTING THE LOCAL
ALTERNATIVE EXPENDITURE LIMITATION FOR FISCAL YEAR 2002-2003;
SETTING JULY 17,2002 AS THE PUBLIC HEARING DATE FOR ADOPTING
THE FINAL BUDGET FOR THE FISCAL YEAR 2002-2003; AND DECLARING
AN EMERGENCY
Finance Director David Andrew reviewed the Council Communication. He reported that
the purpose of this agenda item was for Council consideration and adoption of the
Town's tentative budget for Fiscal Year 2002-2003. He explained that the approval of
Resolution No. (R) 02-53 would also set the local expenditure limitation. He said that
once the limitations are set, expenditures for the year may not exceed that amount. He
explained that the Council does have the discretion to make changes to the budget prior
to the final adoption which is scheduled for July 17, 2002; however the total amount of
the final budget may not exceed the expenditure limitation as set this evening. He stated
that Council also had the authority to modify the budget throughout the fiscal year. He
further explained that the tentative budget includes those modifications that were directed
by the Town Council during the six budget review sessions that were held between May
6th, 2002 and June 10th, 2002. He reported that the tentative budget was in the amount of
$83,548,215.00 and was balanced with the following revenues and other financial
resources:
D Police Department
06/19/02 Minutes,Council Regular Session 5
El Streets &Roads Maintenance
❑Development Services
Cl Library Services
❑Parks & Recreation
❑Public Transportation
❑Water Utility
❑Magistrate Court
❑Administration
❑Municipal Debt Service
❑Capital Improvements Projects
❑Contingency Reserves
❑Health Insurance
❑Staffing
❑Employee Compensation
❑Capital Improvements
❑General Fund
❑Citizens Corps Council
Town Manager Chuck Sweet stated that the Town Code and the Budget Policy requires
that staff deliver to the Town Council a balanced budget, and balanced in a way of
recurring revenues equaling recurring expenses which was done on May 1st of this year.
He reported that within the last 30 days, the Town has had 2 major hits in revenue
resources,which has caused an$189,316.00 recurring deficit,which was the result of a
lack of funding from the state level.
Mayor Loomis recessed the meeting at 8:06 p.m. The meeting resumed at 8:14 p.m.
Mayor Loomis opened the public hearing.
The following citizens were in full support of the Police Department increased funding
and believe that this would assist in allowing the police department to continue to provide
quality service in the community.
• Lois Kriegh, Oro Valley
• Josephine B. Ogurek, 12456 North Piping Rock Road
• Bill Adler, 10720 North Eagle Eye Place
• John Crauner, 982 North Calle Solanc
• Larry Taylor, 1074 W. Short Creek Lane
• J.R. Ragsdale, 528 West Paseo Rio
• Kirk Hunt, 12428 Mesquite Crest Way
• Michael Stevenson, 11000 North La Canada Drive
There was discussion relating to the following issues:
• Was the Step Plan included in the tentative budget or was it under consideration?
• The implementation of the 480 hours sick leave buy back plan for all Town
employees.
06/19/02 Minutes,Council Regular Session 6
• In 6 months to reconsider the Police Department Compensation Step Plan.
• Maintaining the current Police Department Compensation Step Plan at the 4%
percent increase for all certified police officers.
• Changing the merit salary increase from 2%percent to 4%percent for all Town
employees on their anniversary date (non-police officers) effective July 1st, 2002.
• To review the market adjustment at 6 months to review and compare cost.
• The review of medical care coverage for employees at the 6 month review.
• The Greater Tucson Economic Council (GTEC) funding to be reviewed at the 6
month review.
• The recurring deficit.
• Direct the Human Resources Department and the Finance Department to compare
the State Retirement System and the ICMA including the financial cost associated
with that, for both the employees and for the Town.
• Cost of Living (COLA) recommendations Town wide.
• Additional personnel would be reviewed in January.
POINT OF ORDER MOTION: Council Member Rochman moved to divide the
question so the Council Members vote on all the items separately so that there is no
confusion among the Council Members or the public. Then everyone would have a better
idea what is exactly happening regarding these issues. Council Member Wolff seconded
the motion. Motion carried, 5-0.
MOTION: Council Member Rochman moved to direct staff to review the retirement
system and bring back to the Council at the 6 month review in January recommendations
comparing the retirement systems including the Arizona State Retirement System and the
existing retirement system International City Manager's Association (ICMA)to include
financial input. Council Member Wolff seconded the motion. Motion carried, 5-0.
MOTION: Council Member Rochman moved to review funding available in the
contingency during the 6 month review and review the Town contribution to Greater
Tucson Economic Council (GTEC). Motion seconded by Council Member Wolff.
Motion carried, 5-0.
MOTION: Council Member Wolff moved to direct staff to review various COLA's and
come back to Council with a recommendation for a standardized COLA during mid-year
to be completed by January. Motion seconded by Vice Mayor Johnson. Motion carried,
5-0.
MOTION: Vice Mayor Johnson moved to review the COLA for an additional 1 percent
at the 6 month review. Motion seconded by Council Member Abbott. Motion carried, 5-
0.
MOTION: Council Member Abbott moved to review the market adjustment for the
various categories of jobs in the 6 month review for all Town employees and the Police
Department. Motion seconded by Council Member Wolff. Motion carried, 5-0.
06/19/02 Minutes,Council Regular Session 7
MOTION: Council Member Abbott moved to include a review of the contingency funds
in 6 months for additional personnel as needed for the Town. Motion seconded by
Council Member Johnson. Motion carried, 5-0.
MOTION: Council Member Wolff moved that the budget be changed to include the 480
hours (sick leave)buy back at the 50%rate for all Town employees and direct staff to
bring back a comparison cost. Motion seconded by Council Member Abbott.
Discussion: Council Member Rochman stated that since there were some difficulties
understanding each other among the parties involved, this item could be delayed or
postponed for further discussion to a future meeting and at the January review for
implementation.
AMENDMENT TO MOTION: Mayor Loomis asked to leave the motion as is but
include direction to staff to expand on their Memorandum to Council dated May 10, 2002
prior to July 17, 2002 when the Budget is presented to Council to identify the overall
input and to make sure that both parties are in agreement with the overall impact.
Motion as amended carried, 5-0.
MOTION: Council Member Rochman moved to maintain the current Police
Department Compensation Step Plan for all certified police officers and include in the
2002/2003 Budget and Merit Plan for all other Town employees not covered by the Step
Plan, a Merit Plan up to 4%percent on the employee's anniversary date. Council Member
Johnson seconded the motion. Motion carried, 4-1, Mayor Loomis opposed.
MOTION: Council Member Rochman moved to approve Resolution No. (R)02-53
adopting the Tentative Budget for Fiscal Year 2002-2003 and Setting the Local
Alternative Expenditure Limitation for Fiscal Year 2002-2003 in the amount of
$83,548,215.00 The approval of the motion includes the granting of a deviation from
the provisions of Section 2 of the Town's budgetary policy which was revised by
Resolution No. (R)01-28, April 18th, 2001 finding that the budgeting of additional
funding for FY 2002-2003 is necessary for the continuation of superior municipal
services to the community and is in the best interest of the safety and welfare of the
community. This included all subsequent motions as approved. Vice Mayor Johnson
seconded the motion. Motion carried, 5-0.
Mayor Loomis recessed the meeting at 9:38 p.m. The meeting resumed at 9:50 p.m.
8. RECONSIDERATION OF RESOLUTION NO. (R)02-36 CONSIDERATION
TO ENTER INTO A COST PARTICIPATIO AGREEMENT BETWEEN THE
TOWN OF ORO VALLEY AND TUCSON ELECTRIC POWER FOR A NEW
13.8KV ELECTRICAL SERVICE FOR THE DEVELOPMENT OF RANCHO
VISTOSO NEIGHBORHOODS 3 & 4
06/19/02 Minutes,Council Regular Session 8
MOTION: Council Member Wolff moved to adopt Resolution No. (R) 02-36. Council
Member Rochman seconded the motion. The motion carried, 5-0.
9. RESOLUTION NO. (R)02-36 CONSIDERATION TO ENTER INTO A COST
PARTICIPATION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY
ANDTUCSON ELECTRIC POWER FOR A NEW 13.8KV ELECTRICAL
SERVICE FOR THE DEVELOPMENT OF RANCHO VISTOSO
NEIGHBORHOODS 3 & 4)
Jeff Weir, Economic Development Administrator,reported that this item was recently
presented to Council at the June 5, 2002 Regular Council Meeting and that Council
voted 3-1 against the approval of Resolution (R)02-36. However, he explained that
Council has requested reconsideration of this item. He proceeded to give a brief
overview of the Cost Participation Agreement between Oro Valley and Tucson Electric
Power(TEP)using various maps and illustrations.
In answer to a question from Council Member Rochman, Mr. Weir explained that there
had been no substantial changes made to the agreement.
In answer to a question from Mayor Loomis, Art Fregoso, the representative for Tucson
Electric Power, explained that there had been no estimated date scheduled to begin the
project,but the company would prefer that the work coincides with the construction of
the Tangerine Road expansion project.
MOTION: Vice Mayor Johnson moved to approve Resolution(R)02-36 with the
understanding that any increases in the costs associated with the agreement, notification
would be provided to the Town in advance, and the increased costs would be shared with
TEP on the same contribution percentage as currently exists in the agreement. As part of
this motion, e further directed staff to accumulate needed information and data for the
Town Council to consider the possibility of creating and entering into a Franchise
Agreement(s)between the Town and all Utility providers not already covered by an
existing Franchise Agreement. Additionally, by way of this motion, the staff is also
directed to return to the Town Council within 180 days with suggested undergrounding of
utilities within subdivisions and the Tangerine Corridor Overlay District. Council
Member Rochman seconded the motion.
Discussion: Council Member Rochman suggested wording be added to the motion to
show any"decreases"in cost.
Mayor Loomis asked that the wording be changed on the last portion of the motion to
read, "undergrounding of utilities within the Town."
Council Member Abbott stated that she had concerns with this item, but since this was a
time sensitive issue, the Town needed to move forward. Also, she believed that the Town
had a lot more to gain than lose therefore, she would support the agreement.
• 06/1 9/02 Minutes,Council Regular Session - 9
Mayor Loomis explained that because the agreement would save the Town money
overall, he would support the agreement. However, he felt that each case should be
reviewed on an individual basis and that this did not establish the precedent that Oro
Valley would be responsible for undergrounding cost.
AMENDED MOTION: Vice Mayor Johnson moved to approve Resolution(R) 02-36
with the understanding that any increases or decrease in the costs associated with the
agreement,notification would be provided to the Town in advance, and the increased or
decreased costs would be shared with TEP on the same contribution percentage as
currently exists in the agreement. As part of this motion,he further directed staff to
accumulate needed information and data for the Town Council to consider the possibility
of creating and entering into a Franchise Agreement(s)between the Town and all Utility
providers not already covered by an existing Franchise Agreement. Additionally,by way
of this motion,the staff is also directed to return to the Town Council within 180 days
with suggested undergrounding of utilities within the Town. Motion seconded by
Council Member Rochman. Motion carried, 5-0.
10. PUBLIC HEARING—ORDINANCE NO. (0)02-17 OV9-99-51 ORDINANCE
TRANSLATING THE ZONING FROM PIMA COUNTY CB-1,TR, AND CR-2
TO ORO VALLEY C-2,R-6, AND R1-10, WITH CONDITIONS, ON THE
PROPERTIES KNOWN AS THE HALLAQ PROPERTIES, LOCATED AT THE
NORTHEAST CORNER OF LAMBERT LANE AND LA CHOLLA
BOULEVARD
Bryant Nodine, Planning and Zoning Administrator, reported that in August 1998,
pursuant to Section 9-471 B of the Arizona Revised Statutes, the Town of Oro Valley's
Mayor and Council annexed the area known as Map 4. He explained that the Town was
required to change, or"translate"the zoning on the annexed properties from Pima County
zoning designations to the closest comparable Oro Valley zoning designation.
Mr. Nodine explained that in accordance with State Statutes,the Town must translate
Pima County zoning to Oro Valley's closest equivalent designations. He reviewed the
County zones and Oro Valley translational zoning designation as depicted below using
the overhead projector:
COUNTY ZONING TOWN EQUIVALENT LAND AREA
CB-1 (Commercial) C-2 (Commercial) 10 acres
TR(Multi-family R-6 (Multi-family 20 acres
Residential/offices) Residential/offices)
CR-2 (single family R1-10 (Single family 50 acres
Residential) residential)
In conclusion,Mr.Nodine explained that staff was recommending approval but,
recommend changing the wording "Community Commercial"in Section 4 of the
Ordinance to simply read "Commercial"because the designations are not all set for these
types of commercial areas at this point. He explained that this would identify the
06/19/02 Minutes,Council Regular Session 10
commercial property in the area and would essentially make the translation non-
conditional or would pardon the zoning.
G. Lawrence Schubart, attorney representing Hallaq Properties explained that there was
one point within the staff report that his company continues to find problematic. He
stated that staff suggestion that the commercial designation expires after 5 years unless
the General Plan is brought into conformance was totally inappropriate. He explained
that there had been no time limit in Pima County and he felt that it would be
inappropriate to impose a time limit now, especially in face of all of the concessions the
Hallaq's had made to bring the property into conformance. He asked that Council reject
staff's suggestion of the 5 year limitation as an additional condition and merely adopt the
first motion suggested.
Mayor Loomis opened the public hearing.
Joseph Pikosz, 2082 West Three Oaks Drive, explained that he was opposed to the
Ordinance especially with the R-6 zoning revision. He stated that the area should remain
a R1 Zoning area to be consistent with the single family home development.
Glen Smith, 10631 North Sand Canyon Place, agreed with Mr. Pikosz. He said to
increase the density in the area would be substantially counter to what has already been
translated into the southwest corner of La Cholla and Lambert Lane corridor.
Bill Adler, 10720 North Eagle Eye Place, stated that the General Plan currently shows the
area as a low density residential area. He explained that if there could be a mutual
understanding such as combining the uses "commercial and residential" on a
neighborhood scale so that there wasn't quite the impact that this would be more
consistant with the General Plan.
Alan Lathrem, 1750 West Tangerine Road, stated that he would like to remind everyone
that this area was in the Town of Tortolita and he felt that this was a waste of time. He
stated that he was concerned with the fact that he had not been notified that his property
had been rezoned into the Town of Oro Valley.
In answer to a question for Mayor Loomis, Mr. Nodine explained that whenever a
property has been annexed and within 6 months, a translation has to been done and it has
to meet the criteria; He explained that at this point the applicant can then request to
change the zoning. He explained that Mr. Schubart was absolutely correct that the county
had not included a time limit and the staff report was incorrect. He explained that the 5
year limitation was inserted because staff was trying to create something to eventually
match the General Plan, either through a General Plan amendment or through the
cessation of the zoning.
In answer to a question from Council Member Abbott, Mr. Nodine explained that with a
translational zoning, school over-crowding conditions are not considered; it is strictly
moving an area from the county entitlement to a town entitlement. He pointed out that
• 06/19/02 Minutes,Council Regular Session 11
the applicant has verbally stated that they did not have the intention of placing an
apartment complex on the site but simply wanted to keep those rights in place. He added
that the Homeowners Association was contacted about the translational zoning.
MOTION: Vice Mayor Johnson moved to adopt Ordinance No. (0) 02-17 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-2, R-6, and R 1-10,
and all applicable development standards of those Oro Valley zoning districts shall apply
thereto,with the conditions listed in the Ordinance and deleting Section 4 of the
Ordinance. Council Member Wolff seconded the motion. Motion carried, 4-1, Council
Member Abbott opposed.
Mayor Loomis combined Items 11 and 12 because they were directly related. Also, he
asked that there be a single presentation that identifies the issues associated with each
item. He explained that after which, he would open the public hearing and when Council
was ready to make their decision that each item would be voted on in 2 separate motions.
11.CONTINUED PUBLIC HEARING-RESOLUTION NO.(R)01-84 OV11-01-01
RECONSIDERATION OF REQUEST TO AMENDTHE TOWN OF ORO
VALLEY GENERAL PLAN FOR A PORTION OF RANCHO VISTOSO
NEIGHBORHOOD 11,BORDERED ON THE EAST, NORTH, AND WEST
SIDES BY THE TOWN BOUNDARY AND BY STONE CANYON III, II, AND IV
ON THE SOUTH, FROM CURRENT LAND USE DESIGNATIONS OF
PARKS/OPEN SPACE AND RURAL LOW DENSITY RESIDENTIAL TO LOW
DENSITY RESIDENT (ASSESSOR'S PARCEL#219050120, 21905010A,
21905011C, 21906013K, 21906013F, 21906013H, and 21906014A) (CONTINUED
FROM 11/7/01)
12. PUBLIC HEARING- ORDINANCE NO. (0)02-18 OV9-01-09 REQUEST BY
THE WLB GROUP ON BEHALF OF VISTOSO PARTNERS L.L.C., TO AMEND
THE RANCHO VISTOSO (RV) PLANNED AREA DEVELOPMENT AS
FOLLOWS: 1) CHANGE LAND USE DESIGNATION FROM OPEN SPACE /
VERY LOW DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL FOR
A PORTION OF NEIGHBORHOOD 11 (PARCEL#219050120, 21905010A,
21905011C,21906013K, 21906013F, 21906013H, AND 21906014A); 2) ABANDON
THE 100-FOOT OPEN SPACE BUFFER ALONG THE WESTERN BOUNDARY
LINE IN NEIGHBORHOOD 11 IN SECTION 23; 3)EXEMPTION OF
RECREATION AREA REQUIREMENTS FOR NH 11; 4) REALIGNMENT OF
TRAIL ALONG AGUA CANADA WASH IN STONE CANYON AS SHOWN ON
THE PAD; 5) ESTABLISH CRITERIA FOR ALLOWING ENCROACHMENT
INTO 25% SLOPED AREAS .
Planning and Zoning Administrator Bryant Nodine reported that he would be presenting
the Planned Area Development(P.A.D.) amendment which would be very similar to the
General Plan amendment. He explained that the only issues that the presentation did not
06/19/02 Minutes,Council Regular Session 12
cover would be the 4 findings, however,the General Plan amendment and the P.A.D.
with the conditions recommended by staff do meet the 4 findings in the General Plan.
Mr. Nodine stated that the following 5 requests were made by WLB Group on behalf of
Vistoso Partners and proceeded to give an overview of the site using the overhead
project.
• Change land use designation from open space/very low density residential to
very low density residential to low density residential for a portion of
neighborhood (NH) 11 (PARCEL#219050120, 21905010A, 21905011 C,
21906013K, 21906013F, 21906013H, and 21906014A)
He reported that the Town would be looking at about 90 acres of open space that would
be affected by the development and 360 acres dedicated to the Town essentially at a 4 to
1 ratio. He explained that staff was supporting the request with the conditions in Exhibit
A.
• Abandon the 100-foot open space buffer along the western boundary line in
Neighborhood 11 in Section 23.
He explained that staff recommendation was not to approve the abandonment of the strip
until the properties are brought into the P.A.D. and a similar strip is provided on the
western boundary of the property.
• Exemption of recreation area requirements for Neighborhood 11.
He explained that staffs recommendation to the applicant was to follow the Zoning Code
requirements and provide the 2 acres of recreation area. He said that there was a number
of ways this could be done(1)to provide access to the proposed fitness center to all
homeowners (2) find another place to provide 2 acres of recreation area(3) or do an in
lieu fee. He stated that staff recommendation was to simply have them area follow the
Town Code.
• Realignment of trail along Agua Canada Wash in Stone Canyon as shown on the
P.A.D.
He explained that either one of the trail alignments that has been proposed by the
applicant was acceptable to staff. He explained that what staff was proposing was that the
applicant dedicates $100,000.00 to establish the alignment and construct the trail and
trailhead. Therefore, staff is recommending supporting the realignment of the trail with
the conditions in Exhibit A.
• Establish criteria for allowing encroachment into the 25% sloped areas.
He explained that staff recommends that there be no changes to the criteria except
Condition#6 which changes to allow some minor encroachment. He said that there was
06/19/02 Minutes,Council Regular Session 13
some question to Exhibit#1 in terms of the restriction. He stated that staff
recommendation was to approve the item with the conditions listed in Exhibit A. He said
that staff supports the change in land use designation, the change in trail alignment and
the new criteria to be incorporated into the P.A.D. as regulatory versus guideline. Staff
does not support the abandonment of the buffer at this time or the exemption of
recreation area requirements. He added that the applicant had concerns regarding the
12,000 square foot grading limit. He explained that the grading limit could be increased
to 20,000 with the Planning and Zoning Administrator approval. He stated that staff
would support the change from 12,000 square feet to 15,000 square feet to be consistent
with the Stone Canyon Development.
Dick Maes, representative for Vistoso Partners and Stone Canyon, explained that both
parties have worked diligently with staff for quite sometime and are in agreement with
the majority of the conditions as stated but wanted to address the following issues:
• If there were questions regarding how a home was being constructed the applicant
or owner could meet with the planning director and staff to determine if the model
meets the criteria.
• Suggested that addition information to Condition 11 that there is a conservation
easement already in place on the property stating that it can not be developed.
• Requested clarification if the park acreages 77 acres or 60 acres.
• With regard to Condition 5d, he explained that there are funds that were owed to
Vistoso Partners from when the Water Company that was sold that there was no
mention of the interest accrued in the agreement.
• He had concern with Conditions 6a and 6b, the dedication of the water plant. He
explained that this site has been identified with the water company and with the
plating therefore the site would be deeded to the Oro Valley Water Company
along with the final plat approval.
• There was concern with Condition 8 and explained that Vistoso Partners was in
agreement with the trail and the 2 acre trailhead. He point out that Vistoso
Partners was willing to give the Town the easement on property owned by
Vistoso Partners.
• Vistoso Partners had agreed to contribute $50,000.00 not $100,000.00 for trail
easement acquisition and construction. He explained that these funds could be
used for the construction of the trails or the acquisition of the easement going
crossing State land. He explained that the issue of getting the easement across
State land needed to be handled by a municipality.
• Condition 11- all 1 acre lots are approximately 20,000 square feet in size per
maximum build out,therefore he disagrees with the 15,000 square feet and the
existing lots are 20,000 square feet. This should remain consistent.
• Takes exception that the 100 foot easement would not be lifted until the property
was annexed into Oro Valley.
• The recreation facility that is being built within Stone Canyon will cost over 3
million dollars to build.
• Of the 165 people that have purchased property within Stone Canyon, 148 of
them have joined the golf course.
• 06/19/02 Minutes,Council Regular Session 14
Larry Rollins, attorney located at 33 North Stone Ave, addressed conveyances set forth in
Condition#4 of Exhibit A. He said that technically 2 of the items in Condition 4,
Condition B &D did not reference the phase except for conservation easements or except
for conservation easements running in favor of Pima County. He said Vistoso Partners
would provide no other encumbrances with respect to conservation easements. He added
that from a clarification standpoint as to coordinate timing of the dedication and releases
under Condition 6 "Vistoso Partners, L.L.C. shall"relating to both A &B, additional
wording be added to read"at the time of the recording of the final plat." He pointed out
that many of the conditions are tied to the recording of the final plat.
In answer to a question from Council Member Rochman,Mr. Rollins explained that the
sole purpose for Condition 6b would secure the agreement between the Town and
Vistoso Partners and the financial obligations have been either waived released or
otherwise terminated with no further obligations to the Town. He stated that Vistoso
Partners was asking to include Condition 6a in the recording of the Final Plat and
Condition 6b to a 90 day period to effectuate the condition.
Mayor Loomis recessed the meeting at 11:16 p.m. The meeting resumed at 11:28 p.m.
Mayor Loomis opened the public hearing.
The following citizens expressed concern with the new General Plan Amendment for
Neighborhood 11.
• Ann Britt, 9601 North Calle Bueva Vista
• Bill Adler, 10720 North Eagle Eye Place
• Nancy Young Wright, 100 West Wilkenson Drive
• Louis Benson, 2590 West Tortolita
The following concerns were identified:
• The trail should be a viable trail.
• The trail should be a multi use trail.
• The General Plan Amendment Criteria had not been met with the added
conditions.
• The new plan would only benefit the property owner and is not an overall
improvement to the general plan.
• The land trade that has been discussed is not equivalent in terms of environmental
sensitively or scenic value and therefore is not balancing the loss of open space.
• Revenue.
• Policies and goals are not being met.
• The beneficiary would be the developer and a bad bargain to the Town and its
citizens.
• The area remaining is the Sonoran Desert and the Town should protect the area as
open space.
• Developer is offering land that has already been given to and identified as open
space by the County.
06/19/02 Minutes,Council Regular Session 15
Mayor Loomis closed the public hearing.
In answer to questions from Mayor Loomis,Mr. Maes explained that the reason they
have requested that the recreation requirement be moot was that instead,they would build
a 3 million dollar facility which would consist of a golfing community and hiking trails.
In answer to question from Mayor Loomis,Mr. Maes explained that Condition#7 should
be omitted (the facility would be a free facility to the property owners). He further
explained that if the developer built any additional facilities within the guarded gates of
Stone Canyon it would be a facility that the property owners within Stone Canyon would
finance.
MOTION: For Item 11, Vice Mayor Johnson moved to approve Resolution No. (R)01-
84, OV 11-01-01, to amend the Town of Oro Valley General Plan for portion of Rancho
Vistoso Neighborhood 11 with the conditions included in Exhibit"A" as amended.
EXHIBIT "A" (with the amendments added)
,Oy 1_JAL -.01
CONSIDERATIONS FOR THE FUTURE DEVELOPMENT OF THIS PORTION OF
RANCHO VISTOSO NEIGHBORHOOD 11
1. Open Space encroachment will be balanced by the dedication of other comparable
areas to the Town.
2. The Supplemental Water Agreement by and between Vistoso Partners, L.L.C.,Vistoso
Golf Partners, L.L.C. and the Town of Oro Valley dated April 29, 1996 shall be amended
in a manner acceptable to the Town.
3. Vistoso Partners shall provide a public trailhead and trail and mutli-use trail access to
Tortolita Mountain Park
4. Vistoso Partners will dedicate an acceptable site for a water reservoir in Neighborhood
11. The General Plan designation for that site will be amended to Public/Semi Public by
this amendment.
5. There will be at least 300 feet wide contiguous areas of open space left as wildlife
corridors along riparian areas unless mitigation measures or existing conditions
(topography,vegetation, etc.) adequately buffer the riparian areas from the effects (lights,
noise, etc.) of development.
6. All street crossing of riparian areas shall be designed to be wildlife friendly by
providing: shrubs up to the shoulders speed limits of 15-20 mph culverts or other
structures where the length is no more than two times the width (for wider roads [longer
crossings] this may mean providing a light well at the median) sandy-bottomed, square
culverts or at least large, sandy bottomed, %2 or '/4 round culverts as an option, a 2'-3'
culvert-type crossing for smaller animals such as javelina in conjunction with an area on
•
06/19/02 Minutes,Council Regular Session 16
either side of the drainage level with the roadway and enhanced with vegetation to
provide an area where larger animals can cross as an option,pavement materials that
mimic native materials
7. All rock outcrops identified in the Harris Study shall have 50-foot buffer around at
least 75%of their circumference.
8. No buildings shall be visible from the floodplain of Honey Bee Wash.
9. Grading limits of no more than 20,000 square feet shall be imposed on all lots.
10. The approval of this General Plan amendment does not constitute an approval of the
number of lots or the layout of lots as submitted these will be evaluated at the time of
the PAD amendment. In particular, those lots in the northern area of the proposal will be
evaluated to determine if there is an adequate buffer to the public lands and wildlife
corridors.
Council Member Wolff seconded the motion.
Discussion: Vice Mayor Johnson asked for clarification regarding Exhibit#7, all rock
outcrops identified in the Harris Study shall have 50-foot buffer around at least 75% of
their circumference.
Mr. Nodine reported that this was a consideration in the General Plan Amendment. He
explained that the reason this item was not carried forward in the Planned Area
Development (P.A.D.)was because the tentative development plan actually meets the
condition.
Council Member Rochman asked if all the conditions set forward in the P.A.D. are not
met would the General Plan be void.
Mr. Nodine explained that in Section 2 of the Resolution which state"the revised Land
Use Map shall be effective within thirty days from the date of this resolution and shall
cease to be effective by December 1,2002 unless a P.A.D. amendment is adopted in
substantial conformance with the General Plan Land Use Map and the considerations in
Exhibit A". Therefore, he explained that Section#2 doesn't say that it has to meet
everything specifically but it has to be in substantial conformance with the General Plan
and Exhibit A and then that gets translated in the specific condition in the P.A.D.
amendment.
In response to concerns expressed by Council Member Rochman regarding the terms
"substantial conformance"in the resolution, Mr. Dudley stated that if an applicant
disagreed with the substantial conformance condition and enters into litigation, it could
ultimately be determined by the court.
06/19/02 Minutes,Council Regular Session 17
AMENDMENT TO THE MOTION: Mr. Dudley stated that if the Council desires,
wording could be included to read, "in substantial conformance as determined by the
Town Council,"in the Resolution, Section 2. Council agreed that the wording should be
added.
AMENDMENT TO THE MOTION: Mayor Loomis asked that the wording be
changed in Exhibit A, #3 to add the wording, "Vistoso Partners shall provide a public
trailhead and trail and multi-use trail access to Tortolita Mountain Park."
Motion as amended carried, 3-2, with Mayor Loomis and Council Member Abbott
opposed.
MOTION: For Item 12, Vice Mayor Johnson moved to approve Ordinance(0) No. 02-
18, OV09-01-09 Amending the Rancho Vistoso P.A.D. document and Land Use Map,
effective on the date of satisfaction of attached conditions listed in Exhibit"A"as
amended.
EXHIBIT A
CONDITIONS OF APPROVAL(Renumbered and amended)
OV09-01-09: REQUEST TO AMEND THE RANCHO VISTOSO PAD
1. Change the land use designation on the TDP for lots 342 and 343 to very low density
residential.
2. Add a general note to the TDP about the close proximity to the existing La Cholla Air
Park, which lies directly west of Rancho Vistoso NH 11.
3. The TDP and affected areas of the PAD Map and document will be revised as
approved by Council and submitted to the Town in an acceptable digital format (DXF
format for images and WORD format for text files).
4. The applicant will dedicate the areas to the Town as follows (see Proposed Trade
Areas Exhibit C):
a. 65 acres (northeast corner of the NH 11) shall be deeded in fee to the Town at the time
of recording of the Final Plat,however title in fee, free from all liens and encumbrances,
except conservation easements, shall be transferred into trust within 90 days of the Town
Council vote approving the PAD amendment and shall not thereafter be encumbered;
b. ITC property(120-acre north one-third of RV NH 12) shall be deeded in fee to the
Town at the time of recording of the Final Plat, however title in fee, free from all liens
and encumbrances, except conservation easements, shall be transferred into trust within
90 days of the Town Council vote approving the PAD amendment and shall not thereafter
be encumbered;
. 06/19/02 Minutes,Council Regular Session 18
c. Honey Bee Park (77 acres) shall be deeded in fee to the Town at the time of recording
of the Final Plat, however title in fee, free from all liens and encumbrances, except
conservation easements, shall be transferred into trust within 90 days of the Town
Council vote approving the PAD amendment and shall not thereafter be encumbered;
d. Honey Bee Wash Common Area(98 acres) shall be deeded in fee to the Town at the
time of recording of the Final Plat, however title in fee, free from all liens and
encumbrances shall be transferred into trust within 90 days of the Town Council vote
approving the PAD amendment and shall not thereafter be encumbered;
e. Within 36 months of the Town Council's vote approving the PAD amendment, the
Final Plat shall be submitted to the Town in conformance with the Zoning Code.
5. Within ninety(90) days of the Town Council's vote conditionally approving this PAD
Amendment, the Supplemental Agreement by and between Vistoso Partners, L.L.C.,
Vistoso Golf Partners, L.L.C. and the Town of Oro Valley dated April 29, 1996 shall be
amended. Such amendment shall incorporate terms to the absolute satisfaction of the
Town of Oro Valley at the sole and absolute discretion of the Town Council. The failure
to adopt such amendment to the Supplemental Agreement within such ninety(90) day
period shall result in the failure of this condition and this PAD amendment.
The amendment to the Supplemental Agreement shall incorporate the following
provisions but shall not be limited to those provisions:
a. The recharge fee associated with water use for the Golf Club at Vistoso and the Stone
Canyon Golf Course shall be assessed for all water used, on an annual basis.
b. Vistoso Partners L.L.C. /Vistoso Golf Partners, L.L.C. shall pay to the Town
$890,000.00. Such amount shall be secured by first liens on each of the designated 89 lots
within Rancho Vistoso Neighborhood 11. Each lien shall secure the amount of
$10,000.00 due when the property is sold.
c. Vistoso Partners L.L.C. /Vistoso Golf Partners, L.L.C. shall pay the standard base
charge for all water meters associated with the golf courses.
d. All water connection fees (impact fees) alleged to be exempt under the Supplemental
Agreement are eliminated retro-actively to the date of execution of the Supplemental
Agreement in consideration of reimbursement with interest of Vistoso Partners, L.L.C.'s
cost of construction of Off-Site Facilities as set forth in Exhibit "C"of the Supplemental
Agreement.
6. Vistoso Partners, L.L.C. shall:
a. Effective no sooner than 90 days of the adoption of the PAD, but only when reasonably
necessary for the Town's use, dedicate Water Plant Site# 15 (as shown in Exhibit D)to
the Town without cost to the Town on or before the effective date of the PAD
06/19/02 Minutes,Council Regular Session 19
amendment. Such dedication shall include all necessary ingress and egress routs and
water line easements to the site.
b. Secure within 90 days a satisfaction and release from Stone Canyon L.L.C. or any
other entity having an interest in the Town's obligation, if any, with regard to the
acquisition of Reservoir Sites required for Water Plant# 13 and Water Plant# 14 which
were dedicated to the Town pursuant to the Development and Pre-Annexation Agreement
executed on or about March 8, 2001, between the Town and Stone Canyon L.L.C.
Furthermore,Vistoso Partners, L.L.C. agrees to secure such satisfaction and release
without cost to the Town.
7. The Agua Canada trail will be relocated provided an alternate trail alignment is chosen
per Exhibit F. Vistoso Partners shall deed to the Town the two-acre trailhead south of
Stone Canyon III development and shall deed land or dedicate easements for connecting
trails from the trailhead through their property to public lands at the southwest corner of
Neighborhood 11. Vistoso Partners shall also contribute $50,000 to the Town for the
costs of providing access to and trails from this trailhead.
8. Prior to recordation of the final plat associated with these amendments, Rancho
Vistoso Partners shall complete all trails shown in the PAD, except those that are part of
future developments, and shall provide public access to all of those trails through
recorded easements.
9. Encroachment into 25%or greater slopes, throughout the PAD, shall follow the criteria
listed in Exhibit G.
10. Correct condition#11 on the TDP to read as follows:
a. All lots will have a maximum of 20,000 square feet of gradable area per lot.
b. The Town may approve lots with less than 12,000 square feet of gradable area to as
low as 8,000 square feet with the specific identification of such lots on the Final Plat. A
separate notice will be given to the property owners about such limitations.
Council Member Rochman seconded the motion.
AMENDMENTS TO MOTION: Vice Mayor Johnson recommended that the following
changes are added to the conditions in Exhibit A:
1. To change contribution for trail easement from $100,000.00 to $50,000.00
2. To change the grading limit to 20,000 square feet.
3. Conditions 4b and 4d, the trust be transferred within 90 days of Town Council vote
approving the P.A.D. amendment and shall not thereafter be encumbered.
4. Additional wording for Condition #8 change connecting trails to from the trailhead.
5. Additional wording for Condition#9 which was change subdivision to development.
06/19/02 Minutes,Council Regular Session 20
Discussion: Mayor Loomis had concerns with conservation easement and if the Town
would need to establish an Intergovernmental Agreement with Pima Council so the Town
could use the $50,000.00. Also, he felt that there were significant elements relating to the
project that had not been revealed,therefore,was very opposed to the agreement and
could not support the project at this time. He urged Council to vote no on the motion.
Vice Mayor Johnson stated that he would prefer to see the Oro Valley in control of the 89
acres and not Pima County.
Council Member Rochman pointed out that the new development would bring in a
substantial amount of tax money into the community which would be paid to the school
district that would benefit children throughout Tucson.
Council Member Abbott pointed out that the citizens of Oro Valley wanted to maintain
and protect the open space, therefore, the General Plan should not be altered. She felt that
the P.A.D. would cause a liability because of the clause"substantial conformance" and
would eventually come before the court. She felt that the public would benefit regardless
of whom controlled the 89 acres. She stated that she was opposed to residents paying a
fee for any amenity that is a recreational facility requirement of the Town.
AMENDMENTS TO MOTION: Mayor Loomis asked that the wording be changed in
Condition 6b of the exhibits to read: to be effective in 90 days; Condition 6a to state,
effective no sooner than 90 days of the adoption of the P.A.D.,but only when it's
reasonably necessary for the Town's use; Condition 5b, that it is the understanding that
each lien is due when the property is sold; Condition 5d,to include the dollar figure plus
interest; Condition 8, that the $50,000.00 should be paid to the Town of Oro Valley.
Mr. Nodine reiterated that the resolution the way it was currently worded did not include
the exemption for the recreation area and did not include the removal of the open space
strip. He explained that if it was the intention of the Council to approve this resolution,
changes would need to be made. He explained that he would also need some direction if
Planning and Zoning Administrator discretion applied to encroachment into slopes. He
explained that the recreation area exemption and the open space strip on the west are not
included in the resolution because of staff's recommendation.
Vice Mayor Johnson recommended that an exemption be included to waive and or
eliminate the buffer and recreation facility requirements. Council Member Wolff agreed.
Motion as amended carried, 3-2, Mayor Loomis and Council Member Abbott opposed.
Mayor Loomis recessed the meeting at 12:37 p.m. The meeting resumed at 12:45 a.m.
13. PUBLIC HEARING- OV12-00-25 CATALINA COMMUNITIES,
REPRESENTING THE TEPPER PROPERTY, RECREATION AREA IN-LIEU \-/
FEE PROPOSAL FOR THE VISTA MONTANA SUBDIVISION; LOCATED ON
06/19/02 Minutes,Council Regular Session 21
THE SOUTHWEST CORNER OF LINDA VISTA BOULEVARD AND
EGLESTON DRIVE, PARCEL #225112350
Community Development Director Brent Sinclair reported that as a condition of the
rezoning request for this property, an in-lieu fee will be required for the recreation area.
He explained due to the close proximity to James D. Kriegh Park and the small size of the
subdivision, a recreation area would not be provided and the in lieu fee would be used for
the funding of future Town Parks and recreation facilities.
Mayor Loomis opened the public hearing.
Lousie Renneckar, 9751 North Horizon Vista Place, explained the she was in support of
the request but proposed a condition that the in-lieu fee is kept at $14,654.00 which
would be dedicated to the James D. Kreigh Park, the southern portion of the Town and
the reduction of light pollution.
Mayor Loomis closed the public hearing.
MOTION: Council Member Rochman moved to approve OV 12-00-25, In-Lieu Fee
proposal for the Vista Montana subdivision, subject to the conditions listed in Exhibit A,
attached herewith and to direct the Park and Recreation Advisory Board to investigate
how the in-lieu fee would be used throughout the Town and to find a way to use this
particular in-lieu fee in the southern portion of the Town.
Exhibit A
OV 12-00-25
In lieu Fee Proposal
1. The in lieu fee shall be $14,654.00 to reflect the fair market value of the required area
for which the fee is being proposed as an alternative and shall be used for the funding of
future Town Parks or recreational activities.
2. The applicant must provide a written appraisal report prior to Town Council approval
of the proposed recreation area in lieu fee.
Vice Mayor Johnson seconded the motion. Motion carried, 5-0.
14. OV12-00-25 - FINAL PLAT TEPPER PROPERTY REQUEST FOR FINAL
PLAT APPROVAL FOR THE VISTA MONTANA SUBDIVISION, LOCATED
ON THE SOUTHWEST CORNER OF LINDA VISTA BOULEVARD AND
EGLESTON DRIVE, PARCEL #225112350
Community Development Director Brent Sinclair explained that Catalina Communities is
proposing to develop Vista Montana, a 20 lot subdivision on 7.82 acres. The subdivision
will consist of two types of single family uses on the subject property; a low-density
residential (R 1-36) along the west edge, and a medium density residential (R1-7) on the
06/19/02 Minutes,Council Regular Session 22
remaining portion of the site. He recommended that a second condition be placed on the
exhibit that the multi-use path placed on the eastside of the property must be dedicated as
a public easement prior to recordation of the final plat. The final plat must be revised to
indicate that the easement will be recorded as a separate instrument for the multi-use
path.
MOTION: Vice Mayor Johnson moved to approve OV 12-00-25, Vista Montana Final
Plat, effective on the date of satisfaction of the conditions listed in Exhibits A including
the additional Condition#2, attached herewith.
Exhibit "A" (with the additional wording)
OV 12-00-25
Final Plat
1. The Final Plat and/or the Declaration of Covenants, Conditions and Restrictions for
Vista Montana shall state that the Association shall be responsible for the maintenance of
the floodwall.
2. The multi-use path on the east side of the property(Egleston Drive)must be dedicated
as a Public Easement prior to recordation of the final plat. The final plat must be revised
to indicate that the easement will be recorded as a separate instrument.
Council Member Wolff seconded the motion. Motion carried, 5-0.
15. PUBLIC HEARING: ORDINANCE NO. (0) 02-19 , OV8-02-02 REQUEST
FOR A CONDITIONAL USE PERMIT FOR A WOMEN'S FITNESS CENTER
LOCATED ON THE SOUTHWEST INTERSECTION OF LA CANADA DRIVE
AND LAMBERT LANE WITHIN THE CANADA CROSSROADS PLAZA
Community Development Director Brent Sinclair reported that Romano Real Estate
requests a conditional use permit to allow a women's fitness facility to provide aerobic
and exercise activities for women. He explained that a conditional use permit is required
to assure land use compatibility. The proposed fitness center will consist of 1,200 square
feet within the Canada Crossroads Plaza. He added that the Planning Commission
recommended Condition#2 should read, "Music may not be played at a volume that can
be heard from surrounding land uses".
Mayor Loomis opened the public hearing. There being no speakers, Mayor Loomis
closed the public hearing.
MOTION: Council Member Rochman moved to approve Ordinance No. (0)02-29,
OV8-02-02, conditional use permit for a women's fitness facility, with the conditions
listed in Exhibits A, attached herewith as corrected.
Exhibit"A" (as amended)
OV 8-02-02
06/19/02 Minutes,Council Regular Session 23
Women's Fitness Facility
1. All doors and windows to this facility must be closed, as necessary,to restrict potential
noise and music from impacting surrounding uses.
2. Music may not be played at a volume that can be heard from surrounding land uses.
Council Member Wolff seconded the motion. Motion carried, 5-0.
16. PUBLIC HEARING: ORDINANCE NO. (0) 02- 20, OV8-02-03 REQUEST
FOR A CONDITIONAL USE PERMIT FOR A MARTIAL ARTS FACILITY
LOCATED ON THE SOUTHWEST INTERSECTION OF LA CANADA DRIVE
AND LAMBERT LANE WITHIN THE CANADA CROSSROADS PLAZA
Community Development Director Brent Sinclair reported that the applicant requests a
conditional use permit to provide martial arts classes for a range of ages throughout the
day. The facility will be located in the same complex as the women's fitness center as
approved in Item 15. He explained that the proposed business will encompass one suite,
approximately 1,200 square feet in size within the existing building on the west side of
the property.
Mayor Loomis opened the public hearing. There being no speaker, Mayor Loomis closed
the public hearing.
In answer to a question from Mayor Loomis, Mr. Weir explained that in neighborhood
commercial districts there will be more service oriented businesses.
MOTION: Vice Mayor Johnson moved to approve Ordinance No. (0) 02-20, OV8-02-
03, condition a use permit for a martial arts school, with the conditions listed in Exhibit
A, attached herewith as corrected.
Exhibit"A" (as amended)
OV 8-02-03
Martial Arts School
1. All doors and windows to this facility must be closed, as necessary, to restrict potential
noise and music from impacting surrounding uses.
2. Music may not be played at a volume that can be heard from surrounding land uses.
Council Member Rochman seconded the motion. Motion carried, 5-0.
17. OV12-01-14 PRELIMINARY PLAT- RANCHO VISTOSO NEIGHBORHOOD
2, PARCEL I REQUEST FOR APPROVAL OF PRELIMINARY PLAT,
LOCATED APPROXIMATELY 1.5 MILES NORTH OF THE INTERSECTION
06/19/02 Minutes,Council Regular Session 24
OF ORACLE ROAD AND RANCHO VISTOSO BOULEVARD ON THE WEST
SIDE OF ORACLE ROAD
Community Development Director Brent Sinclair reported that Cottonwood Properties
has proposed to develop single family homes on the site consisting of 33.31 acres with
approximately 11.7 acres of developable land. He then proceeded to give a brief
overview of the site using the overhead project.
Bill Hallinan, the owner of Cottonwood Properties stated that the community has been
very supportive of the project.
In answer to a question from Mr. Sweet, Mr. Hallinan explained that Big Wash area had
not been dedicated at this point but would be dedicated to the Town in the future. He
pointed out that Parcels 2a, 3a & 3b and a portion of Parcel 2b had not been dedicated as
well.
Mr. Sweet point out that the P.A.D. requires that the Big Wash be dedicated to the Town
and that it would just be a matter of when and what mechanism.
Mayor Loomis recommended reviewing this issue again during the approval of the Final
Plat to make sure that it ultimately meets the requirements.
In answer to a question from Mayor Loomis, Jim Hossley, the Storm Water
.-r
Administrator explained that staff did not expect any problems in the traffic flow in the
area.
MOTION: Vice Mayor Johnson moved to approve OV 12-01-14, Rancho Vistoso
Neighborhood 2 Parcel I, Preliminary Plat, subject to the conditions listed in Exhibit"A"
attached, herewith.
Exhibits "A"
OV 12-01-14
Preliminary Plat
1. A study for potential breakout for HDPE pip outlet at emergency access adjacent to lot
40 shall be provided.
2. The Q100 for twenty Seven Mile Wash at project site shall be corrected or notation
shall be deleted from Hydrology Report.
3. Delineations of 100 year Floodplain Limit lines near Concentration Point D5 on Sheet
6 shall be correctly depicted.
4. A. calculation sheet for the RCP pipe with 31 cfs shall be provided for Hydrology
Report.
5.Design shall ensure that stilling basins are completely drained in 24 hours.
06/19/02 Minutes,Council Regular Session 25
Council Member Abbott expressed concerns with the traffic flow onto Oracle but
commended the applicant for getting together with the community and listening to their
concerns.
Council Member Abbott seconded the motion. Motion carried, 4-1, Mayor Loomis
opposed.
17. DISCUSSION AND CONSIDERATION RELATING TO DIRECTION TO
THE NARANJA TOWN SITE EXECUTIVE COMMITTEE AND TASK FORCE
RELATING TO TOWN FACILITIES
Town Manager Chuck Sweet reported that the purpose of this request was to identify a
site for the Town facilities on the Naranja Town Site Master Plan. He said that it would
be appropriate to direct the Executive Committee and Task Force through their consultant
to find the optimum location in a manner that is functional with the rest of the master
planned facilities. He stated that it was important that a suitable site be identified for
future municipal services needs at this stage of the Master Planning process. He
explained that there would be fiscal impact. He explained that the inclusion of a town
facilities site on the Master Plan would result in some adjustments to the project cost and
schedule. He said that a cost increase of about $5,000.00 would be necessary with an
additional 2 to 3 week at a time. He then proceeded to review the personnel, vehicles &
equipment at the Calle Concordia location.
Mayor Loomis opened the floor for public comment.
Stan Weintraub, 1320 East Starship Place, was not in favor of Town facilities at the
Naranja Town Site development and wondered if the desires of the Town residents were
being addressed.
Colleen Wampler, 499 West Wheeler Road, stated that the site would affect many
citizens in the area and was opposed to the additional Town facilities at of the site
because it would be a great impact on the community. She encouraged the Town Council
to consider a more commercial location.
Council Member Abbott had concerns with the topography of the area,regarding the
facility taking up prime acreage but understood that there was no doubt a need for the
new Town facilities. She reiterated that this was only a proposal and not a"done deal."
She asked if the site was sold to the public as a park or as a Town site because there
seemed to be confusion about this.
Vice Mayor Johnson stated that all aspects of the project would be considered such as the
walls and landscaping so that the site would blend in with the community
Mayor Loomis explained that the Town has worked very closely with the Task Force and
Executive Committee to not the stifle the creativity and allow the committee to develop a
menu of needs.
06/19/02 Minutes,Council Regular Session 26
MOTION: Mayor Loomis moved to direct staff to develop a Map"C"that reflects their
best ideas and alternatives and to identify whether the development should be developed
in three spots or in a single spot and determine if these areas would accommodate the
Towns needs. Council Member Wolff seconded the motion. Motion carried, 4-1,
Council Member Abbott opposed.
TOWN MANAGER'S REPORT
No report.
CALL TO AUDIENCE
No speakers.
ADJOURNMENT
MOTION: Vice Mayor Johnson moved to adjourn the meeting at 1:45 a.m. Council
Member Wolff seconded the motion. Motion carried, 5-0.
Respectfully submitted,
in ersha, Secretary II
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular session of the Town of Oro Valley Council of Oro Valley,Arizona held on the 19th
day of June,2002. I further certify that the meeting was duly called and held and that a
quorum was present.
Dated this day of , 2002.
, Ca4A,J1-01'''
Kat E. Cuvelier, CMC Town Clerk
11
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,JULY 6TH. 1999
PLACE: Oro Valley Town Hall
11,000 N.La Canada Drive
Oro Valley,Arizona
SUBJECT: OV9-99-51 PARCEL # 224-24-0120 AND PARCEL # 224-24-0130, TRANSLATING
AND REZONING RECENTLY ANNEXED LAND KNOWN AS THE HALLAQ
PROPERTIES, FROM PIMA COUNTY CB-1 (COMMERCIAL), TR(MULTI-FAMILY
RESIDENTIAL AND OFFICES), AND CR-2 (SINGLE FAMILY RESIDENTIAL) TO
ORO VALLEY C-2 (COMMERCIAL), R-6 (MULTI-FAMILY RESIDENTIAL AND
OFFICES),AND R 1-10(SINGLE FAMILY RESIDENTIAL),WITH CONDITIONS
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 4, and is located at the
north-east corner of Lambert Lane and La Cholla Boulevard. The property extends
approximately 1/4 mile north of Lambert Lane,and approximately'/2 mile east of La
Cholla Boulevard.
DESCRIPTION: A detailed location and description of the parcel slated to be translated can be
obtained at the Oro Valley Town Hall.
Members of the public are invited to this meeting and will be given an opportunity to speak. An agenda for
the meet' g will be made available 24 hours prior to meeting time. Should you have any questions
regard' this matt-r,please contact David Marsh at(520)797-9797.
Brya dine AICP
Planning&Zoning Administrator
Town of Oro Valley
F:\OV\OV9\1999\9-99-51\hallagNOTICE3.PZ.doc
POSTED: 6/17/99
3: OOPM
SR
AFFIDAVIT ?UBLICATION
-SATE OF ARIZONA)
Le • ,
:ss. 1.
COUNTY OF PIMA ) ;„TACEY S T I N SON JUN 2 3 .1Vitl,g first
NOTICE OF PUBLIC HEARING duly sworn, deposes and says that )he) (she) is the Legal Advertising Manager
BEFORE THE ORO VALLEY
PLANNING &
ZONING COMMISSION
• In accordance with ARS 9-462, of THE DAILY TERRITORIAL, a daily newspaper printed and published in the
9-471 and Section 3-106 of the
Oro Valley Zoning Code Revised,
NOTICE OF TRANSLATIONAL
ZONING PUBLIC HEARING BE- County of Pima, State of Arizona, and of general circulation in the City of Tucson,
FORE THE ORO VALLEY PLAN-
NING & ZONING COMMISSION
IS HEREBY GIVEN:
TIME: at or atter 6:00 p.m. on County of Pima, State of Arizona and elsewhere, and the hereto attached
TUESDAY, JULY 6TH, 1999
PLACE: Oro Valley Town Hall
11,000 N. La Canada Drive Oro u: HALL
Valley, Arizona • ��° AO
SUBJECT: OV9-99-51 PARCEL PROF'ERT I ES
tt 224-24-0120 AND PARCEL a PUBLIC
• ��
224-24-0130. TRANSLATING • P UBL I CC NIZT ICE
AND REZONING RECENTLY
ANNEXED LAND KNOWN AS
THE HALLAO PROPERTIES,
FROM PIMA COUNTY CB-1
(COMMERCIAL), TR (MULTI-
FAMILY RESIDENTIAL AND OF-
FICES), AND CR-2 (SINGLE
FAMILY RESIDENTIAL) TO
ORO VALLEY C-2 (COMMER- I was printed and published correctly in the regular and entire issue of said THE
CIAL), R-6 (MULTI-FAMILY RE-
SIDENTIAL AND OFFICES),
AND R1-10 (SINGLE FAMILY
RESIDENTIAL), WITH CONDI- DAILY TERRITORIAL for issues; that the first was made
TIONS
In accordance with Arizona State
Statute,the zoning on the above-
referenced properties must be on the day of 19
translated and rezoned from
Pima County Zoning Classifica- �''I. ry t
tions to the nearest Oro Valley
Zoning Classifications. and the last publication thereof was made on the day of
LOCATION: The property listed
is located in the area known as
Map 4, and is located at the
north-east corner of Lambert
Lane and La Cholla Boulevard. • •,,j UNF 19 ;that said publication
The property extends approxi-
mately 1/4 mile north of Lambert
Lane, and approximately 1/2 mile was made on each of the following dates,to-wit:
east of La Cholla Boulevard.
DESCRIPTION: A detailed loca-
tion and description of the parcel
slated to be translated can be (. :s/2 1/99
obtained at the Oro Valley Town
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- Request of •
ter, please contact David Marsh TOWN OF ORO VALLE::Y
at(520)797-9797.Bryant Nodine
Bryant Nodine AICP Planning &
Zoning Administrator Town of
Oro Valley
Pub: The Daily Territorial
June 21, 1999
Reg: Town of Oro Valley
pnhallaq 6/21/99 tja DaiiyTAe Territorial
By
• • C1-.`,\AAA
Subscribed and sworn to before me this ''(( day of
,� 2..1.s•t; J U N E
19 ,,..�r,,, OFFICIAL SEAL
DAWN LEIGH DOUGALL
� .' NOTARY PUBLIC-ARIZONA
'�` • PIMA COUNTY
"`. Corrn.Excirts Sept.20,2002
Notary Public in and for the County of Pima, State of Arizona
My Commission Expires: 1` /e),
AFFIDAVI UBLICATION
e'STATE OF ARIZONA)
:ss.
COUNTY OF PIMA 1 STAC EY STINSON being first
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager
TOWN COUNCIL
In accordance with ARS 9-462,
9-471 and Section 3-108 of the
Oro Valley Zoning Code Revised, of THE DAILY TERRITORIAL, a daily newspaper printed and published in the
NOTICE OF TRANSLATIONAL
ZONING PUBLIC HEARING BE-
FORE THE ORO VALLEY
TOWN COUNCIL IS HEREBY County of Pima, State of Arizona, and of general circulation in the City of Tucson,
GIVEN:
TIME: a: or after 7:00 p.m. on
WEDNESDAY, AUGUST 4TH,
County of Pima, State of Arizona and elsewhere, and the hereto attached
PLACE: Oro Valley Town Hall
11,000 N. La Canada Drive Oro
Valley, Arizona r •." r "' .. r"
SUBJECT: PUBLIC HEARING: � �""�-' i''I 'I'"I ~�_�� `"' •
OV9-99-51 PARCEL # FROM PIMA COUNTY Y,,�_ 2 1 I >`
224-24-0120 AND PARCEL • ----+,
224-24-0130. TRANSLATING f: ,. CB-- ..i_' TF +4: C
AND REZONING RECENTLY
ANNEXED LAND KNOWN AS PUBLIC NOTICE
THE HALLAO PROPERTIES,
FROM PIMA COUNTY CB-1
(COMMERCIAL), TR (MULTI-
FAMILY RESIDENTIAL AND OF-
FICES), AND CR-2 (SINGLE
FAMILY RESIDENTIAL) TO
ORO VALLEY C-2 (COMMER- was printed and published correctly in the regular and entire issue of said THE
CIAL), R-6 (MULTI-FAMILY RE-
SIDENTIAL AND OFFICES),
AND R1-10 (SINGLE FAMILY
RESIDENTIAL), WITH CONDI- DAILY TERRITORIAL for issues; that the first was made
TIONS
In accordance with Arizona State
Statute,the zoning on the above-
referenced properties must be on the day of 1 9
translated and rezoned from
Pima County Zoning Classifica- .1 :J t h
tons to the nearest Oro Valley
Zoning Classifications. and the last publication thereof was made on the day of
LOCATION: The property listed 1 9 t l•.I
is located in the area known as
Map 4, and is located at the
north-east corner of Lambert 19 ;that said publication
Lane and La Cholla Boulevard. •.i UL.T
The property extends approxi-
mately 1/4 mile north of Lambert
Lane,and approximately 1/2 mile was made on each of the following dates,to-wit:
east of La Cholla Boulevard.
DESCRIPTION: A detailed loca-
tion and description of the parcel ,�. ,..,..
slated to be translated can be 0 ./ /"1;
obtained at the Oro Valley Town
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 nave
any questions regarding this mat- Request of
ter, please contact David Marsh TOWN OF O R O VALLEY
at (520) 797-9797.
Bryant Nodine Bryant Nodine
AICP Planning 8 Zoning Admini-
strator Town of Oro Valley
Pub: The Daily Territorial
July 19, 1999
Req: Town of Oro Valley pnhallaq 7/19/99 tjs DailyThe Terrz
tO
i
By
Subscribed and sworn to before me this day of
:l.9 t 4-I J U L..'
1 99 9
yd.y�or•nm:^iv s ...+x- as:isrorse xrurc::-•.•:.cz.:rs
tt..` Notary Public
otary Public in and for the County'ciffi.Ma'i.,131. e of Alitrtatio.,Arizona p``1
iv C�5Is^I�d�a E Iy
r"dt!�i ��is'r��2 FFFF11
.tl.'f!Yt'1VllYL'XN'-'"id:._.d�:•.L.�i15'.':-.,S"-KY'::!'2.^..i!"�+'
My Commission Expires: F/36
•
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 2
B. Police Report, July 1999
C. Building Safety Division Activity Report, July 1999
D. Finance Report for Month Ended July 1999
E. Postponement of the September 15th, 1999 regular meeting to September 22",
1999 due to the League of Arizona Cities & Towns Conference
F. Resolution No. (R) 99- 87 Awarding a Contract Proposal to WestLand
Resources, Inc. for a Preliminary Site Investigation and Land Acquisition for
an F-Zone Reservoir and Route Study for a 16" Supply Pipeline (PULLED
FOR DISCUSSION)
G. Resolution No. (R)99- 88 A resolution authorizing the amendment of an
Intergovernmental Agreement with the State of Arizona concerning traffic
signal maintenance
H. OV12-97-18A Approval of Brake Max at Oro Valley Retail Center Public Art
Proposal located along Oracle Road between First Avenue and Pusch View
Lane (PULLED FOR DISCUSSION)
I. OV12-98-1A Rancho Vistoso Neighborhood 11 Stone Canyon Golf Course
Temporary Clubhouse and Recreation Center Landscape Plan, located west of
Rancho Vistoso Blvd., one mile north of Vistoso Highlands Drive (PULLED
FOR DISCUSSION)
J. OV12-99-01 Villages of La Canada Final Plat, located on the northeast corner
of Congressional Way and north La Canada Drive (PULLED FOR
DISCUSSION)
K. OV12-99-08 Oro Valley Retail Center Block 8 Development Plan, located
northwest and adjacent to Oracle Road
L. OV12-99-10 Rancho Vistoso Neighborhood 10, Parcel N Model Homes
Development Plan, located west and adjacent to Rancho Vistoso Blvd. and
east and adjacent to Hidden Springs Drive (PULLED FOR DISCUSSION)
M. OV12-99-10 Rancho Vistoso Neighborhood 10 Parcel N Model Homes
Landscape Plan, located north and adjacent to Vistoso Village, east of Hidden
Springs Drive, south of vacant land, and west of Rancho Vistoso Blvd.
N. Reappointment of Public Art Selection Committee for CDO Riverfront Park
& the new Development Services Building
F. RESOLUTION NO. (R) 99-87 AWARDING A CONTRACT PROPOSAL TO
WESTLAND RESOURCES, INC. FOR A PRELIMINARY SITE INVESTIGATION
AND LAND ACQUISITION FOR AN F-ZONE RESERVOIR AND ROUTE STUDY
FOR A 16" SUPPLY PIPELINE
In response to a concern expressed by Council Member Bryant regarding item 4 of the
contract, Water Utility Director David Hook explained that the language used in the
contract was standard. He stated that the Town's risk was minimal in this type of
contract and if damage were done,the Town would have the opportunity to pursue the
responsible party.
In response to a concern expressed by Council Member Bryant regarding item 10 of the
contract, Mayor Loomis explained the contract is a cost plus contract. Mr. Hook also
09/01/99 Ainutes,Regular Council Session 3
explained that regarding item 13,there are different ways to calculate late fees. The
language used is WestLand Resources standard calculation for late fees.
MOTION: Council Member Bryant MOVED to accept the contract with the deletion of
item 13. Council Member LaSala SECONDED the motion.
DISCUSSION: In response to a question from Council Member LaSala, Town Attorney
Dan Dudley stated that pursuant to item 11 of the contract, invoices are due thirty (30)
days after due.
CALL FOR THE QUESTION:
Motion failed, 1 —4 with Mayor Loomis, Vice Mayor Johnson, Council Member Parisi,
and Council Member LaSala opposed.
MOTION: Vice Mayor Johnson MOVED to APPROVE Resolution No. (R)99-87, a
Resolution of the Town of Oro Valley, Pima County, Arizona awarding a contract
proposal to WestLand Resources, Inc. to provide preliminary engineering services for a
1,000,000 gallon reservoir at Water Plant No. 13 in the amount of$8,000. Council
Member LaSala SECONDED the motion. Motion carried, 4— 1, with Council Member
Bryant opposed.
H. OV12-97-18A APPROVAL OF BRAKE MAX AT ORO VALLEY RETAIL
CENTER PUBLIC ART PROPOSAL LOCATED ALONG ORACLE ROAD
BETWEEN FIRST AVENUE AND PUSCH VIEW LANE
Planning and Zoning Director Bryant Nodine reviewed overhead slides of the art
proposal being presented for the Brake Max facility. He explained that the proposal
consists of picnic tables and benches with tile inlay of colors in blues, greens and browns.
MOTION: Council Member LaSala MOVED to approve OV12-97-18A, Public Art for
Brake Max, Oro Valley Retail Center as shown. Vice Mayor Johnson SECONDED the
motion. Motion carried, 5—0.
I. OV12-98-1A RANCHO VISTOSO NEIGHBORHOOD 11 STONE CANYON
GOLF COURSE TEMPORARY CLUBHOUSE AND RECREATION CENTER
LANDSCAPE PLAN, LOCATED WEST OF RANCHO VISTOSO BLVD., ONE MILE
NORTH OF VISTOSO HIGHLANDS DRIVE
In response to a question from Council Member Bryant, Community Development
Director Brent Sinclair explained that this item was the landscape plan for the entire area.
He explained that the temporary clubhouse would probably be a modular unit and would
be taken off site when the permanent building is constructed. He explained that until the
final development plan is presented, staff would not know exactly where the permanent
clubhouse would be located.
09/01/99 Minutes, Regular Council Session 4
MOTION: Vice Mayor Johnson MOVED to APPROVE OV 12-98-1 A, Rancho Vistoso
Neighborhood 11, Stone Canyon Golf Course Temporary Clubhouse and Recreation
Center Landscape Plan, as submitted. Council Member LaSala SECONDED the motion.
Motion carried, 5 —O.
J. OV 12-99-01 VILLAGES OF LA CANADA FINAL PLAT, LOCATED ON THE
NORTHEAST CORNER OF CONGRESSIONAL WAY AND NORTH LA CANADA
DRIVE
In response to a concern expressed by Council Member Bryant regarding mass grading,
Community Development Director Brent Sinclair explained that the grading for the site
was approved in 1994 before many of the Town's grading conditions were put into place.
MOTION: Vice Mayor Johnson MOVED to APPROVE OV12-99-01, Villages of La
Canada Block A Final Plat, effective on the date of satisfaction of attached conditions
listed in Exhibit"A".
A) 1. The applicant shall pay an in-lieu fee since they will not provide sidewalks
along La Canada Drive.
2. The applicant shall correct inconsistencies of plat information and coordinate
file date including,but not limited to the following:
• Centerline data for Sand Trap Way and Tee Up Way
• Common Area C boundary data and square footage
• Boundary data and square footage for the Common Areas A located adjacent to
Congressional Way and the Private Drainageway
• Centerline and tie data for Pitching Wedge Lane
• Boundary data and square footage for Lot 533
3. The applicant shall submit a blueline of the corrected plat for Town staff
review and approval prior to the submittal of the final plat mylars for recordation
4. Approval of this plat is dependent on Town Council approval of the recreation
area plan submitted with the landscape plan.
Council Member LaSala SECONDED the motion. Motion carried, 5 —O.
L. OV12-99-10 RANCHO VISTOSO NEIGHBORHOOD 10, PARCEL N MODEL
HOMES DEVELOPMENT PLAN, LOCATED WEST AND ADJACENT TO
RANCHO VISTOSO BLVD. AND EAST AND ADJACENT TO HIDDEN SPRINGS
DRIVE
In response to concerns expressed by Council Member Bryant regarding mass grading,
Community Development Director Brent Sinclair explained that this property is in the
Rancho Vistoso Planned Area Development (PAD) and some of the conditions within the
PAD allow things to be done in certain ways.
09/01/99 .Minutes,Regular Council Session 5
Mayor Loomis stated that the development is Medium Density Residential and is being
developed at that density so mass grading is almost necessary. He also explained that the
Town's salvage requirements would apply for the property.
MOTION: Vice Mayor Johnson MOVED to APPROVE OV 12-99-10, rancho Vistoso
Neighborhood 10, Parcel N Model Homes Development Plan, effective on the date of
satisfaction of conditions listed in Exhibit "A".
A) 1. The architecture for this model home development plan must be reviewed and
approved by the Development Review Board (DRB.)
2. The boundary calculations for the proposed Stonecrest Place do not match the
information shown on the plans. The information on the plans is incomplete.
3. Provide a summary of the capacity of the Moore Road Detention Facility
which shows, in tabular form, what runoff is presently being conveyed to this site, what
projects in design are proposed to contribute flows and the amount of remaining reserve
capacity.
4. Provide a short form traffic impact analysis showing trip generation,
distribution and capacity analysis at the Hidden Springs Drive and Stonecrest Place
intersection.
Council Member LaSala SECONDED the motion. Motion carried, 5 —O.
2. APPOINTMENT OF WATER UTILITY COMMISSION MEMBERS
MOTION: Council Member Bryant MOVED to APPOINT John Dohogne and Leo
Leonhart to the Oro Valley Water Utility Commission, serving a term to expire on June
30, 2002 and to assign the constituency of each member as recommended (in Council
Communication.) Council Member LaSala SECONDED the motion. Motion carried,
5 -0.
3. APPOINTMENT OF BUDGET & BOND COMMITTEE MEMBERS
MOTION: Council Member LaSala MOVED to APPOINT Louis Dudas, Jack Longley,
Mark Neihart, Barton Rochman, and Vito Tedesci to the Town of Oro Valley Budget and
Bond Committee. Council Member Bryant SECONDED the motion. Motion carried,
5 -0.
4. APPROVAL OF ADDITIONAL MEMBERSHIP TO THE
ENVIRONMENTALLY SENSITIVE LANDS ORDINANCE (ESLO) PUBLIC
ADVISORY COMMITTEE
MOTION: Council Member LaSala MOVED to APPROVE the addition of Joe Murray
and Dick Maes and open positions for Sector Boards 5 and 7 to the ESLO Public
Advisory Committee. Vice Mayor Johnson SECONDED the motion. Motion carried, 5
—O.
09/01/99 1Ainutes, Regular Council Session 6
5. PUBLIC HEARING —OV12-99-07 GRADING EXCEPTION REQUEST
FOR LA CANADA/LAMBERT COMMERCIAL CENTER DEVELOPMENT
PLAN (PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LA
CANADA DRIVE AND LAMBERT LANE)(CONTINUED FROM 08/04/99)
Community Development Director Brent Sinclair reported that the applicant has met with
homeowners surrounding the area of the proposed La Canada/Lambert Lane Commercial
Center. As a result of the meeting, a new Concept Plan(Concept Plan L), has been
submitted by the applicant.
Charles Hulsey, The WLB Group, representing the applicant, Beztak, reviewed the
development plan and grading waiver for the area. He stated that they have met with the
neighbors and some changes have been made. He explained that they propose to move
the Bank south on the property, which would open the view shed on La Canada Drive.
He further explained that the architecture would "wrap" around the buildings. An eight
(8) foot high berm would be added to protect view sheds along the golf course and as the
mature trees are salvaged, they would be placed along the perimeter of the site before the
grading takes place.
Mr. Hulsey further reviewed changes and explained that with approval of staff,they have
been able to move the driveway at the north end of the site towards the eastern boundary,
which saves most of the hill. He stated that one pod of parking spaces has been removed
which also saves a portion of the hill. He also explained that they have agreed to wall in
the well site but would like to have "rounded" corners on the structure. Mr. Hulsey stated
that they would provide a seating area, a fountain, and trail head connection on the corner
of Lambert Lane and La Canada Drive.
Mr. Hulsey reviewed the grading waiver request. He explained that the same amount of
cut and fill would be done as in the original request with no changes to grades except in
the parking lot area by the hill.
In answer to a question from Council Member LaSala, Mr. Hulsey explained that they
currently have no tenant for Building 2,the anchor store, which is 50,8000 square feet in
size. He stated that they could change the size by amending the development plan
depending on who would be using the store.
In response to a concern expressed by Vice Mayor Johnson regarding the backs of the
buildings, Mr. Hulsey reviewed renderings depicting the architecture of the buildings.
He explained that the architecture wraps around the buildings and was approved by the
Development Review Board. He also explained that the lighting at the backs of the
buildings will be restricted and would be "down" lights so they would not shine into the
neighbor's back yards.
In response to a question from Council Member Bryant regarding the small hill on the
southwest corner of the site, Mr. Hulsey stated that most of that hill would be removed
with the grading approved for the Villages of La Canada. He stated that the remainder
09/01/99 1Ainutes, Regular Council Session 7
would be removed with the grading if approved for this site. Mr. Hulsey further
explained that the number of parking spaces could be adjusted if appropriate when the
tenant of the anchor building is determined.
Mayor Loomis opened the public hearing.
Jerry Roberts, 10280 N. Camino Valdeflores, stated that there has been good
communication with the applicant and the neighbors. He stated that he felt the neighbors
concerns had been listened to and addressed. He was pleased that the bank and drug
store were repositioned and that large trees would be provided for buffers. He stated that
he would rather see natural landscaping but knew that "give and take" was necessary and
he felt that they were on the right track.
Sherry King, 10492 N. Fairway Vista Lane, reviewed her suggested revisions to the
concept plan as presented by Mr. Hulsey. She stated that her plan would help keep more
desert terrain and the hill, and would provide views of the Catalina Mountains and lights
of Tucson. She also stated that the site does not need a 50,800 square foot anchor store.
Roe Young, 10421 N. Fairway Vista Lane, stated "big box" stores are passe. She stated
that they are offensive in residential areas and are being voted out in Arizona and the
entire country. She stated that she was not supportive of the grading waiver. She stated
that the citizens need the services of smaller stores such as restaurants, beauty shops,
bakeries, clothing stores, etc. She stated that "big box" stores lessen property values and
asked that the property not be allowed to be over built and be allowed to fit the needs of
the residents.
Bonnie Harris, 1212 W. Desert Greens Way, asked that Council do what is best for the
citizens and the Town. She stated that no one is against commercial development but
they want it within a natural setting and tastefully done.
Bill Adler, 10720 N. Eagle Eye Place, questioned whether the grading waiver request
meets all six criteria as required by ordinance.
Mayor Loomis closed the public hearing.
In response to questions from Council Member LaSala, Community Development
Director Brent Sinclair agreed that they are looking at the grading waiver request and
stated that the new concept plan better meets the criteria. He stated that the plan is
conceptual and conditions will apply to the grading waiver. Mr. Sinclair then reviewed
the proposed conditions as recommended by staff:
> The applicant shall work with staff to reduce the height of fill on the site.
> The height of fill on the perimeter of the fill area should strive to meet the Town's
grading ordinance requirements.
> The applicant shall work with staff to provide additional landscape elements to
`beautify' the hill and landscape berm at the northeast corner of the site.
09/01/99 Minutes, Regular Council Session 8
➢ The approval of grading waiver based upon the concept plan known as "Concept Plan
L" shall be for grading only. All other development aspects of the site, including site
design and layout of buildings, shall be in accordance with the project development
plan.
Mr. Sinclair stated that the new concept plan with the conditions meets the grading
ordinance requirements.
In response to a question from Council Member LaSala, Mr. Sinclair explained that
apartment complexes (approximately 220 units) could be placed on the property.
In answer to a question from Mayor Loomis, Mr. Sinclair stated that the DRB and
Council could place conditions on the grading waiver. Mayor Loomis expressed his
concern that in the past, grading has occurred and development did not occur. He stated
that he would like to apply a time limit to the grading waiver and apply significant
bonding to the project.
Mayor Loomis stated that he would like to move forward on the grading waiver but he
felt that further refinements needed to be done on the concept plan. He stated that he also
felt that the plans (development plan and landscape plan) should go back to the
Development Review Board(DRB) for their approval.
MOTION: Council Member LaSala MOVED to APPROVE the applicant's appeal of
the grading exception, OV 12-99-07 with the conditions presented by Mr. Sinclair also
tying the grading waiver to the development concept as seen tonight with the additional
condition that a time line be set for one year that if the development does not begin
within one year after grading, the Town move ahead and the applicant would have to re-
vegetate. Also, a time limit of two years will apply to the grading waiver and the four
corners are to be developed*.
CONDITIONS AS PRESENTED BY MR. SINCLAIR TO BE INCLUDED PER
MOTION
➢ The applicant shall work with staff to reduce the height of fill on the site.
➢ The height of fill on the perimeter of the fill area should strive to meet the Town's
grading ordinance requirements.
➢ The applicant shall work with staff to provide additional landscape elements to
`beautify' the hill and landscape berm at the northeast corner of the site.
➢ The approval of grading waiver based upon the concept plan known as "Concept Plan
L" shall be for grading only. All other development aspects of the site, including site
design and layout of buildings, shall be in accordance with the project development
plan.
Vice Mayor Johnson SECONDED the motion.
09/01/99 vIinutes, Regular Council Session 9
DISCUSSION: Vice Mayor Johnson asked for clarification to the four corner
development.
Mr. Hulsey responded to Vice Mayor Johnson and the conditions as presented. He
explained that the applicant and The WLB Group have made a commitment to all
involved that they would lower the grading as much as possible throughout the entire
project. He also stated that they have concerns regarding sending the plans back to DRB.
He stated that the plan was presented to the DRB and the Planning and Zoning
Commission at a joint meeting and seminar, and everyone voiced their approval. He
stated that sending the plan back to DRB would slow down the process, and the issues
that would change are technical issues that would relate to staff and not to the DRB. He
requested that if the plan did have to go back to DRB, that a special meeting be held in
two weeks so the plan could be presented to Council in one month. Mr. Hulsey also
explained that to pull the grading permits, a bond must be placed in the amount of 120%
of the estimated cost of replacing re-vegetation.
Mr. Sinclair explained that if a grading waiver were granted, the applicant would still
have to apply for the permit. Once the permit is issued, they would have one year to
complete the grading.
Council Member Parisi stated that the Town's new grading ordinance protects the Town
and the citizens. He explained that criteria are listed in the ordinance.
Regarding development of the four corners, Mr. Hulsey explained that his client does not
own the four corners and therefore, could not develop them. He stated that they would be
glad to set the standard on the corner that the applicant does own.
*AMENDMENT TO THE MOTION
Council Member LaSala moved to amend the motion to develop one (1) corner(not 4).
Vice Mayor Johnson agreed to the amendment.
CALL FOR THE QUESTION
Motion as amended carried, 4— 1 with Council Member Bryant opposed.
Mayor Loomis recessed the meeting at 8:45 p.m. Meeting resumed at 9:00 p.m.
6. OV12-99-07 LA CANADA/LAMBERT LANE COMMERCIAL CENTER
DEVELOPMENT PLAN (PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF LA CANADA DRIVE AND LAMBERT LANE)(CONTINUED
FROM 08/04/99)
MOTION: Council Member LaSala MOVED to CONTINUE the Development Plan for
OV 12-99-07 until such time that the development plan is presented. Council Member
Bryant SECONDED the motion. Motion carried, 5 —0.
09/01/99 Minutes, Regular Council Session 10
7. OV 12-99-7 LA CANADA DRIVE AND LAMBERT LANE COMMERCIAL
CENTER LANDSCAPE PLAN (PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF LA CANADA DRIVE AND LAMBERT LANE)(CONTINUED
FROM 08/04/99)
MOTION: Council Member LaSala MOVED to CONTINUE the Landscape Plan for
OV 12-99-07 until such time that the development plan is presented. Council Member
Bryant SECONDED the motion. Motion carried, 5 —0.
Mayor Loomis moved Agenda Item 14 forward on the agenda.
14. PUBLIC HEARING—ORDINANCE NO. (0)99-48 OV12-94-32, SUNRIDGE II
IN-LIEU FEE PROPOSAL,LOCATED 3/4 MILE EAST OF LA CANADA DRIVE
AND 'A MILE NORTH OF TANGERINE ROAD
Community Development Director Brent Sinclair reported that the developer of Sunridge
II, has requested an in-lieu fee for two recreation areas in the subdivision. The developer
and most owners prefer to leave the recreation area in its natural state. Mr. Sinclair
reported that staff has recommended $2,400 for the in-lieu fees if approved by Council.
Council Member Bryant reported that he received a videotape of the area from a resident,
Mr. Woliver. Mr. Woliver feels that the amount of$6,000 to $8,000 would be more
appropriate for the in-lieu fee to keep the area from washing away into neighboring lots.
Mr. Sinclair explained that the Board of Adjustment approved a variance allowing the
developers to have an in-lieu fee. He explained that the area may take other
improvements to keep the natural landscaping from washing away but that was the
developer's choice.
In response to a question from Council Member Bryant, Mayor Loomis and Mr. Sinclair
explained that the homeowner's association would be responsible for keeping the area
intact. They explained that the town is not accepting the property but would only be
allowing an in-lieu fee for natural open space instead of a recreation area.
Mr. Bill Dallman, 681 W. Silver Eagle Court, applicant, explained that Mr. Woliver's
concerns have nothing to do with the request for an in-lieu fee. He stated that they would
like to keep the area in Sunridge II in a natural state. He stated that they would fix the
engineering and drainage problems in the area.
Mayor Loomis opened the public hearing. There being no speakers, the public hearing
was closed.
MOTION: Vice Mayor Johnson MOVED to APPROVE OV12-94-32, Sunridge II in-
lieu fee proposal. Council Member LaSala SECONDED the motion. Motion carried, 4—
1, with Council Member Bryant opposed.
09/01/99 Minutes, Regular Council Session 11
8. PUBLIC HEARING—RESOLUTION NO. (R)99-89 INCREASING
SERVICE FEES AND CHARGES FOR THE TOWN OF ORO VALLEY WATER
UTILITY
Water Utility Director David Hook reported that on July 21, 1999, Council adopted a
resolution providing Notice of Intent to increase Service Fees and Charges. He reported
that these changes relate to administrative services, primarily dealing with new customer
accounts, installs, billing, etc.
Mr. Hook reviewed the main recommended areas of changes:
> $5 increase to new service establishment fee
> $5 increase for meter re-read fee
> $10 increase for insufficient funds return check fee
> $150 increase for hydrant meter deposit
> $35 (new fee) for a permit for installation of back flow prevention device
> Increase in meter fees (relating to type of meters-changing to radio-read meters and
to recover costs of labor for installing)
In answer to a question from Vice Mayor Johnson, Mr. Hook reported that they are
currently working on acquiring the radio-read equipment and will be installing the new
equipment into the new subdivisions. They will be retrofitting old meters as part of an
on-going plan.
Mayor Loomis opened the public hearing. There being no speakers,the public hearing
was closed.
MOTION: Vice Mayor Johnson MOVED to APPROVE Resolution No. (R)99-89, a
Resolution of the Town of Oro Valley, Pima County, Arizona increasing Service Fees
and Charges for the Town of Oro Valley Water Utility. Council Member LaSala
SECONDED the motion. Motion carried, 5 —0.
9. PUBLIC HEARING —ORDINANCE NO. (0)99-45 OV9-99-51 PARCEL
#224-24-0120 AND PARCEL #224-24-0130, TRANSLATING AND REZONING
RECENTLY ANNEXED LAND KNOWN AS THE HALLAQ PROPERTIES,
FROM PIMA COUNTY CB-1,TR AND CR-2 TO ORO VALLEY C-2,R-6 AND
R1-10, WITH CONDITIONS (PROPERTY LOCATED AT THE NORTHEAST
CORNER OF LAMBERT LANE AND LA CHOLLA BLVD. (CONTINUED
FROM 08/04/99)
Community Development Director Brent Sinclair reported that the applicant has
requested a continuance on this item.
Mayor Loomis explained that the applicant wants to work with the Canada Hills
Homeowners Association and therefore, has requested the continuance.
09/01/99 .VIinutes, Regular Council Session 12
MOTION: Vice Mayor Johnson MOVED to CONTINUE Ordinance No. (0)99-45,
OV9-99-51, until the second meeting in October (October 20, 1999.) Council Member
Parisi SECONDED the motion.
Mayor Loomis opened the public hearing.
Alan Lathrem, 1750 W. Tangerine Road, stated that this property is located in the Town
of Tortolita and Oro Valley is wasting its time and efforts.
Richard Tracy, 10674 N. Sand Canyon Place stated that he would speak to this item at the
October meeting.
Mayor Loomis closed the public hearing.
CALL FOR THE QUESTION:
Motion for continuance, carried, 5 —O.
10. RESOLUTION NO. (R)99- 86 APPROVAL OF MODIFICATIONS TO
THE PROPOSED INTERGOVERNMENTAL AGREEMENT WITH PIMA
COUNTY REGARDING THE UTILIZATION OF COUNTY BOND PROCEEDS
TO DEVELOP THE ORO VALLEY PUBLIC LIBRARY (CONTINUED FROM
08/18/99)
Community Development Director Brent Sinclair reported that the Pima County Board of
Supervisors has approved a revised Intergovernmental Agreement(IGA) for bond
proceeds for the development of the Oro Valley Public Library. He explained that staff
has reviewed the revised IGA and found it acceptable.
MOTION: Council Member Bryant MOVED to APPROVE the Intergovernmental
Agreement with Pima County, as revised per the Pima County Board of Supervisors, for
the receipt of Library Bond proceeds in the amount of$2,000,000 and to set forth the
responsibility of both parties for the design and construction of the Oro Valley Public
Library. Vice Mayor Johnson SECONDED the motion.
DISCUSSION:
Vice Mayor Johnson stated that the Request for Proposals for architects will be going out
soon and they hope to begin construction next spring.
Motion carried, 5 —O.
11. OV12-98-1A RANCHO VISTOSO NEIGHBORHOOD 11 STONE
CANYON GOLF COURSE TEMPORARY CLUBHOUSE AND RECREATION
CENTER DEVELOPMENT PLAN (PROPERTY LOCATED WEST OF RANCHO
09/01/99 1Ainutes, Regular Council Session 13
(PROPERTY LOCATED WEST OF RANCHO VISTOSO BOULEVARD, ONE
MILE NORTH OF VISTOSO HIGHLANDS DRIVE)
Community Development Director Brent Sinclair reported that staff recommends
approval of the Development Plan for OV 12-98-1 A, Stone Canyon temporary clubhouse
and recreation center with conditions as recommended by staff.
MOTION: Vice Mayor Johnson MOVED to approve OV12-98-1A Rancho Vistoso
Neighborhood 11 Stone Canyon Golf Course Temporary Clubhouse and Recreation
Center Development Plan with recommended conditions.
CONDITIONS:
1. There shall be no encroachment into the dedicated natural open space, with the
exception of the areas identified on the development plan. A trample zone, not to
exceed 5 feet in depth, may be permitted.
2. Any significant changes to the approved development plan must be submitted and
reviewed by planning staff.
3. All sidewalk against the curb must be 5 feet wide, detail 3 /2.
4. Remove the ribbon curb from details 1 /2 and 2/2, and add vertical curb.
Council Member Parisi SECONDED the motion. Motion carried, 5 —O.
12. PUBLIC HEARING-LIQUOR LICENSE APPROVAL FOR QUINCY
ZHANG/HARVEST MOON CHINESE RESTAURANT, 12985 N ORACLE RD.,
SUITE 125
Mayor Loomis opened the public hearing. There being no speakers, the public hearing
was closed.
MOTION: Council Member LaSala MOVED to approve the request for a Series 12
liquor license for Harvest Moon Chinese Restaurant, 12985 N. Oracle Road, Suite 125.
Council Member Bryant SECONDED the motion. Motion carried, 5 —0.
13. PUBLIC HEARING—ORDINANCE NO. (0)99-47 PROPOSED
AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTER
3, CRITERIA,AS IT PERTAINS TO RECOMMENDATIONS OF THE AD HOC
COMMITTEE ON DEVELOPMENT REVIEW
Planning and Zoning Director Bryant Nodine reviewed the Council Communication. He
reported that the Ad Hoc Committee has proposed additional language to criteria as set
forth in Section 3-302 of the Oro Valley Zoning Code Revised. These criteria provide
general guidelines for the Development Review Board when considering applications for
development review. Mr. Nodine stated that staff has reviewed the changes, along with
the recently adopted Design Guidelines and the comprehensive code amendments
currently in progress. He explained that staff is recommending that since much of the
09/01/99 Minutes, Regular Council Session 14
current code language is now covered in more detail in Chapter 16, Design Guidelines,
that they delete the criteria that are covered in Chapter 3.
Mayor Loomis opened the public hearing.
Bill Adler, 10720 N. Eagle Eye Place, stated that he appreciated the wording changes
being recommended in paragraph"C." He also stated that in paragraph "E,"the language
limits the Development Review Board's (DRB) ability to look at traffic circulation
management. He stated that the DRB should not be limited in any way to consider
innovative, creative or proper problem solving with regard to traffic. He recommended
that that language be struck out of the amendments to the criteria. He suggested that the
language was an attempt by the Ad Hoc Committee,which he felt was essentially
dominated by the builders' associations,to limit the problem solving and creating
thinking of the DRB.
Charles Hulsey, 11361 N. Twin Spur Court, stated that he served on the Ad Hoc
Committee and stated that the committee was not controlled or dominated by the
development community. He agreed that there should not be limits as to what the
Development Review Board looks at. He stated that it is a critical body in the Town and
it provides a wonderful service. He stated that he did not remember that recommendation
coming from the Ad Hoc Committee unless it was an issue that related to liability.
Mayor Loomis closed the public hearing.
MOTION: Council Member Bryant MOVED to DENY the amendments to the Oro
Valley Zoning Code Revised, Chapter 3, Criteria as it pertains to recommendations of the
Ad Hoc Committee on Development Review finding that current language is fine and
works well.
MOTION DIED due to lack of second.
Council Member LaSala stated that we need to be creative when trying to solve
problems, but how can we can accommodate engineering standards while still allowing
creativity?
Town Engineer Bill Jansen stated that there is nothing in the recommended criterion that
constrains the innovative uses on internal traffic circulation, off-street parking, etc. He
stated that when you look at the issue in accordance with accepted engineering design
principles, many items need to be addressed (such as turning radius, etc.) He stated that
you can still be creative but you must follow basic guidelines and principles. He also
stated that some items would be "fixed", such as ingress, egress, acceleration and
deceleration lanes and would not allow a lot of creativity.
MOTION: Council Member Bryant MOVED to APPROVE the amendments to the Oro
Valley Zoning Code Revised, Chapter 3, Criteria, as it pertains to recommendations of
09/01/99 ,Ainutes, Regular Council Session 15
the Ad Hoc Committee on Development Review with the following revisions, "that we
delete the changes in "E", and accept it as is. Mayor Loomis SECONDED the motion.
DISCUSSION: In response to a question from Council Member LaSala, Mr. Jansen
stated that he would always recommend against a plan if there was a material defect or
safety issue relative to a particular plan. He also stated that he felt the language was not
redundant but that it helps clarifies.
Council Member Parisi stated that the Ad Hoc Committee worked hard on the
amendments to the criteria and he felt that changes could be made a later date if it was
necessary. He also stated that he did not see that the changes were restrictive.
CALL FOR THE QUESTION:
Motion carried, 3 —2, with Council Member Parisi and Council Member LaSala opposed.
15. PUBLIC HEARING—ORDINANCE NO. (0)99-49 OV9-99-112 REQUEST TO
AMEND THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT (PAD),
REQUIRING SIDEWALKS ON BOTH SIDES OF RANCHO VISTOSO BLVD.
FOR ALL FUTURE DEVELOPMENT
Community Development Director Brent Sinclair stated that staff is requesting a
continuance on this item in order to provide further study and clarification concerning the
impact of the ordinance.
Mayor Loomis opened the public hearing.
Dick Izen, 12356 N. Mt. Bigelow, stated that he did not see a reason for a continuance.
He stated that he understands that the concern by staff is "who pays for sidewalks in the
already developed areas?" He stated that the proposal deals with future developments
and if the proposal is further delayed,then that is another area that a sub-developer does
not have to pay for the sidewalks. Mr. Izen stated that the owner of the land and the
homeowner's association both support the installation of sidewalks.
Charles Hulsey, stated that Vistoso Partners has no difficulty with the requirement that
future developers install in sidewalks.
Mayor Loomis closed the public hearing.
In answer to a question from Vice Mayor Johnson, Town Engineer Bill Jansen explained
that Public Works requested the continuance, as they did not know about the proposal
until Friday afternoon. He stated that Public Works is responsible for the right-of-way,
funding of new sidewalks, maintenance, etc. He explained that have had no input on the
issue and the preliminary review of costs and liability to the Town is underestimated at
approximately 300-500%. He stated that Public Works staff needs to study the issue
further.
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 LAinutes, 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.
09/01/99 1Ainutes, Regular Council Session 18
Nodine explained that the Planning and Zoning Commission recommended approval of
the amendments with the condition that the number of drive-thru and retail motor fuel
convenience uses be limited to one per nine acres. He reported that staff concurs with the
recommendation.
In response to a question from Council Member Bryant, Mr. Nodine explained that the
development plan would study traffic issues. He also explained that convenience uses
require Conditional Use Permits and so that process would also study traffic concerns.
In answer to a question from Mayor Loomis, Mr.Nodine explained that the number of
drive-thru and retail motor fuel convenience uses would be restricted to one total of either
of those.
Mayor Loomis opened the public hearing.
Bill Adler, 10720 N. Eagle Eye Place, stated that convenience uses are incompatible with
office parks in all aspects. He stated that with the conflict potential with traffic,
pedestrians, signage, etc., Council should not consider this amendment request.
Steve Hagedorn, 110 S. Church, representing owners of a 14 acre parcel on the northwest
corner of Linda Vista Boulevard and Oracle Road, stated that they are looking at an
office complex for that corner which would require a rezoning from R1-144 to C-N. He
stated that the proposed project would be about two-thirds offices, with a sit-down
restaurant at the Desert Sky corner and a convenience use at the Linda Vista corner. He
stated that they feel that convenience uses are compatible with office parks as they
provide workers the use of services. He requested Council's support of the amendment
to the Zoning Code Revised.
Mayor Loomis closed the public hearing.
Council Member Bryant expressed his concern regarding the potential traffic at the
corner of Linda Vista and Oracle Road. He stated that he felt that convenience uses are
not compatible with office parks.
MOTION: Council Member Bryant MOVED to DENY Ordinance No. (0)99-51,
Amendments to the Oro Valley Zoning Code Revised, Chapter 2, Definitions, and
Chapter 9, Locational Requirements for Convenience Uses. Council Member LaSala
SECONDED the motion.
DISCUSSION: In answer to a questions from Council Member LaSala, Mr.Nodine
explained that convenience uses are gas stations, fast food restaurants, a deli, places that
serve alcoholic beverages in disposable containers,plus others.
Council Member LaSala stated he has seen nice office complexes with nice convenience
uses. He stated that he felt that it is a wonderful service to the people that work there and
he thought they were compatible if done correctly.
•
09/01/99 Minutes, Regular Council Session 19
Vice Mayor Johnson stated that there are many nice office complexes that have
integrated convenience uses within them. He stated that each conditional use permit
would have to go through the Planning and Zoning Commission, the Development
Review Board and Council and each would be looked at for compatibility.
CALL FOR THE QUESTION:
Motion to deny failed, 1 —4,with Mayor Loomis,Vice Mayor Johnson, Council Member
Parisi and Council Member LaSala opposed.
MOTION: Council Member LaSala MOVED to APPROVE Ordinance No. (0)99-51,
Amendments to the Oro Valley Zoning Code Revised, Chapter 2, Definitions, and
Chapter 9, Locational Requirements for Convenience Uses adding the condition as set
forth by the Planning and Zoning Commission that the number of drive-thru and retail
motor fuel convenience uses be limited to one per nine acres. Vice Mayor Johnson
SECONDED the motion. Motion carried, 4— 1, with Council Member Bryant opposed.
18. APPOINTMENT OF MEMBER TO THE PARKS AND RECREATION
ADVISORY BOARD
MOTION: Council Member Bryant MOVED to APPOINT Ms. Becky Blakenship to
the Oro Valley Parks and Recreation Advisory Board, with a term to expire in May,
43:014. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —O.
TOWN MANAGER'S REPORT
No report.
ENGINEER'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
Finance Director David Andrews reported that the field work for the Town's Annual
Financial Audit was completed. The audit will be sent to the Budget and Bond
Committee in October and then forwarded to Council. He also reported that the position
for the Town's Network Administrator has been filled.
COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
Community Development Director Brent Sinclair reported that construction has begun on
the new Development Services Building. He also reported that bids were opened for the
CDO Riverfront Park development. Staff will evaluate the bids and will be returning
their findings to Council in October. Mr. Sinclair also reported that the Citizens'
Planning Institute (CPI)will be beginning in September. Also,the Environmentally
I
09/01/99 1 Minutes, Regular Council Session 20
Sensitive Lands Project will be holding a public workshop on September 9th in the Town
Council Chambers.
POLICE CHIEF'S REPORT
Police Chief Wolff reported that the 8th Citizens Police Academy started today
(September 1, 1999.)
WATER UTILITY DIRECTOR'S REPORT
No report.
COUNCIL COMMITTEE REPORTS
Vice Mayor Johnson reported that the Metropolitan Tucson Convention and Visitor's
Bureau met with the Deputy City Manager of Tucson regarding their Rio Nuevo project.
He asked that Council support the project in downtown Tucson that would enhance the
entire region.
Council Member Parisi stated that he has been speaking weekly with the Fraternal Order
of Police and things are going well. He also reported that the Fire Advisory Committee
met with the Focus Group on the Strategic Plan. He urged Council to call him if they had
questions regarding the Plan.
CALL TO AUDIENCE
Dick Maes, 945 W. Vistoso Highlands Drive, addressed the Native Plant Salvage
Ordinance that was approved by Council in August. He stated that he was surprised to
see what took one year of work and effort by an Ad Hoc Committee composed of
professional experts and Town staff, turned into a bureaucratic nightmare of public
hearings on something that should be handled by staff and not reviewed by the
Development Review Board and Mayor and Council. He stated that because of one
person's opinion, two more months would now be added on to the process, which will
determine whether a plant will live.
ADJOURNMENT
MOTION: Council Member Bryant MOVED to adjourn at 10:50 p.m. Vice Mayor
Johnson SECONDED the motion. Motion to adjourn, carried, 5 —O.
Respectfully submitted,
Roxana Garrity,Deputy Town CI k
I
09/01/99 1Ainutes, Regular Council Session 21
t
I hereby certify that the foregoing minutes are a true and correct copy of the minutes
of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held
on the 1st day of September 1999. I further certify that the meeting was duly called
and held and that a quorum was present.
Dated this " dayofS , 1999.
/ FU
Cet-c• -li-c-t,-.:
Kathryn E. Cuvelier,CMC
SKATE OF ARIZONA) 0 AFFIDAVIT illiUBLICATION
:ss.
COUNTY OF PIMA 1being first
L.Al.RA I I I.:T:I...I
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
NOTICE OF PUBLIC HEARING County of Pima, State of Arizona, and of general circulation in the City of Tucson,
BEFORE THE ORO VALLEY
TOWN COUNCIL
in accordance with ARS 9-462,
9-471 and Section 3-106 of the Countyof Pima, State of Arizona and elsewhere, and the hereto attached
Oro Valley Zoning Code Revised.
NOTICE OF TRANSLATIONAL
ZONING PUBLIC HEARING BE-
FORE THE ORO VALLEY H AI-L AID C.r.CIF=F•F'T I ES 1
TOWN COUNCIL IS HEREBY
GIVEN: FROM PIMA COUNTY
TIME: THIS ITEM HAS BEEN
CONTINUED NON-DATE SPE- .� C. t.:i` I.` (CI MMYMERC l AL -
CIFIC UNTIL FURTHER NOTICE PUBLIC IMI.I- .
PLACE: Oro Valley Town Hall
E
11,000 N. La Canada Drive Oro • .
Valley, Arizona .
SUBJECT: PUBLIC HEARING:
OV9-99-51 PARCEL a
224-24-0120 AND PARCEL a
224-24-0130. TRANSLATING was printed andpublished correctlyin the regular and entire issue of said THE
AND REZONING RECENTLY g
ANNEXED LAND KNOWN AS
THE HALLAQ PROPERTIES,
FROM PIMA COUNTY CB-1
DAILY TERRITORIAL for issues; that the first was made
(COMMERCIAL), TR (MULTILTI-
FAMILY RESIDENTIAL AND OF-
FICES), AND CR-2 (SINGLE i
FAMILY RESIDENTIAL) TO on the day of 19
ORO VALLEY C-2 (COMMER-
CIAL), R-6 (MULTI-FAMILY RE-
SIDENTIAL AND OFFICES), 19th I»ICMT� �II- �.� 1 ER
AND R1-10 (SINGLE FAMILY and the last publication thereof was made on the dayof
RESIDENTIAL), WITH CONDI-
TIONS .I.9' .l"I
In aocordance with Arizona State
Statute,the zoning on the above-
19 ; that said publication
referenced properties must be I:�fC1" 'IL• � �,,4
translated and rezoned from
Pima County Zoning Classifica-
tions to the nearest Oro Valley
zoning Classifications. was made on each of the following dates,to-wit:
LOCATION: The property listed
is located in the area known as
Map 4. and is located at the
north-east corner of Lambert10 9
Lane and La Cholla. Boulevard.
The property extends approxi-
mately 1/4 mile north of Lambert
Lane,and approximately 1/2 mile
east of La Cholla Boulevard.
DESCRIPTION: A detailed loca-
tion and description of the parcel
slated to be translated can be Request of
obtained at the Oro Valley Town
Hall. TOWN OF 'ORO V A(....I.-.LY •
This item has been continued
non-date specific until further no-
tice. This public hearing wit be
re-noticed, if applicable. Should
you have any questions regard-
ing this matter, please contact
David Marsh at (520) 797-9797, Th- •
or at dmarsh@orovalley.net Daily Teruo
AICP Planning & Zoning Admini-
strator Town of Oro Valley
Pub: The Daily Territorial
October 19, 1999 �
Reg: Town of Oro Valley By • 2r\i\tV1 i
•
pnhaltaq 10/19/99 Os .` *' f'.--, f� /'' v _ f
•
Subscribed and sworn to before me this day of •- _
19 t h O C TO B Cw R
1 9
9 �'Z+f ; C.); a•;CiAto�.�t.:
• ,,,r:,_:_•. DAWN LEIGH LU ,'1
t ... tNOTARY PUBLIC-ARIZONA
PIP,,h.A COUNTY
,, My Comm. E'xares Sept.20,22 C2'',
Notary Public in and f r the County of Pima,State orizona
My Commission Expires: L. '
b _
o
.+-� t
I piw ,-
y
i `_ ESL
°UNDED
Office of the Town Attorney
Memo
To: Dan L. Dudley
From: Joseph N. Andrews
Date: April 19, 2002
Re: Hallaq Property Zoning Proposal
Question: Is the currently proposed translational zoning the same as the proposed
zoning that went before the Planning and Zoning Commission on April 6, 1999?
Answer: No.
The Hallaq property is the sum of two forty(40) acre parcels under common ownership by the
Hallaq's located on the North-East corner of La Cholla Blvd and Lambert Lane. Combined,
the parcels form an eighty(80) acre area of land, the length of which is approximately 2,600 ft
from the corner of La Cholla Blvd., extending east along Lambert Lane and the eastern
boundary of the property extends north from Lambert Lane along La Cholla Blvd for
approximately 1,250 ft. At the April 6, 1999 Planning and Zoning Commission meeting(the
"Meeting"), it was proposed that the zoning be translated from conditional Pima County
Zoning to the nearest Oro Valley zoning designation.
The"Zoning Swap" proposal is different in the following ways:
1. At the Meting, it was proposed that the Southwest quarter of the western parcel be
translated to TOV zoning classification C-1. The proposal changes this zoning to C-2,
a more dense zoning classification that allows regional shopping etc.
2. At the Meeting, the Northwest quarter of the western parcel was to be translated to
TOV zoning classification R-6. The proposed difference allows for an R-10 buffer
between the northern boundary and the R-6 zoning, making smaller the northwestern
area subject to R-6 zoning.
H:\ALL DRAFT DOC IN PROGRESS\Memo Re Hallaq proposed translation.doc
3. At the Meeting, it was proposed that the southeastern quarter of the western parcel be
translated to TOV zoning classification R-6. The proposal extends this R-6 zoning
into the eastern parcel.
Question: With regard to notice, are the differences between the proposal and the
Meeting considered "Substantial Differences" as relates to the notice required for the
Meeting?
Answer: It depends.
In terms of the notice for the April 6, 1999 Meeting, it depends on what notice was given
whether the proposed changes fall within the notice. However, the maps and zoning
classifications, specifically the change in translational zoning from TOV zoning C-1 to C-2,
would likely require a new notice and hearing procedure.
The purpose of C-2 zoning includes every use outlined within C-1 plus commercial activities
designed to serve a large area. I am sure that the inclusion of regional commercial uses such
as this would be substantial differences with higher intensity than the initial notice contained.
Whether the translation to C-2 rather than C-1 from Pima County CB-1 zoning is proper is a
matter of interpretation that should be left to the Planning and Zoning Administrator Because
there is allot of overlap between these zoning classifications.
NOTE: I received minutes for the July 6, 1999 Planning and Zoning Commission that
verify that a hearing on the modifications was finalized on that date.
Question Will the property owner be required to go through the Planning and
Zoning Commission process again?
Answer: Not likely.
The law in Arizona on proper Planning and Zoning Commission meeting notice is clear. In
Arizona, the recommendation of the Zoning Commission forms the jurisdictional basis for
any later zoning action. Maricopa County Board Of Supervisors v. Bell, 51st Investors, 108
Ariz. 261, 495 P.2d 1315 (1972). "[T]this jurisdictional basis must itself be free from
jurisdictional defects. In order to assure the Commission's jurisdiction, the notice requirements
for a hearing before the Commission cannot, and should not, be taken lightly." Summit
Properties, Inc. v. Wilson, 26 Ariz.App. 550, 550 P.2d 104 (Ariz.App.1976). The Summit
Properties Court went on to hold that failure to strictly comply with the enabling act and
statutory notice requirements for Zoning Commission meetings, nullifies the action eventually
taken by the legislative body as a result of that defective notice.Id
To clarify their holding, the Summit Properties Court reasoned that their"holding is not to be
considered as precluding all variations absent a second notice and rehearing. Variations from
the original notice may be considered where a classification or subject matter either is of a
more restrictive nature or is a minor or insubstantial variation from the noticed proposals. IcL
(citing) 96 A.L.R.2d 484, s 19(1964).
• Page 2
Conclusion:
Before final action is taken the following needs to be addressed:
1. Determine what zoning is currently effective on the property.
2. Whether the shuffling of the R-6 zoning is a minor or insubstantial variation from the
noticed proposal.
However, based on the minutes from the July 6, 1999 meeting,the proper notice and hearings
have been held.
•Page 3
0LLE Y q,4�
Wrt. %"")
®
FUNDED
Office of the Town Attorney
Memo
To: Dan L. Dudley
From: Joseph N. Andrews
Date: 4/18/02
Re: Transitional Zoning
Question: Does Arizona law provide guidance regarding the zoning within a
proposed annexation area?
Answer: Yes.
Pursuant to Arizona law, municipalities are not required to adopt county zoning. Specifically,
"[a] municipality may enact an ordinance authorizing county zoning to continue in effect until
municipal zoning is applied to land previously zoned by the county and annexed by the
municipality, but in no event for longer than six months after the annexation." ARS§9-
462.04(E,). The only mandatory Arizona law as it pertains to annexation and zoning is ARS§
9-471 (L), which outlines that"[a] city or town annexing an area shall adopt zoning
classifications which permit densities and uses no greater than those permitted by the county
immediately before annexation. Subsequent changes in zoning of the annexed territory shall
be made according to existing procedures established by the city or town for the rezoning of
land."ARS§9-471 (L).
Question: Does Arizona law provide guidance regarding how transitional zoning is
to be applied to an annexation area containing multiple county zoning designations?
Answer: No.
As outlined above, "[a] city or town annexing an area," is required to adopt transitional
zoning. Arizona law provides no direction outlining what or how an annexation area is to be
defined. This begs the question; can an annexing city or town rearrange the zoning within an
annexation area to better meet its General Plan needs? Arizona law does not directly answer
this question.
F:1P&Z\Annexation\Memo Re Transitional Zoning Hallek.doc
•
Other jurisdictions have taken a different approach to the problem of translational zoning.
Washington State, avoids the problem entirely where the county zoning in existence before
annexation remains in effect "until proposed amendments to the approved community
comprehensive plans and approved community zoning ordinance have been approved that
apply to the annexed area." WA ST 36.105.090 (2001).
Along similar lines as Washington State,the Arizona Supreme Court reasoned that in the
event of consummation of an annexation of land by cities and towns, all of the land
automatically carries over its changed zoning classification.Maricopa CountyBd of Sup'rs v.
Bell 51st Investors, 108 Ariz. 261, 263, 495 P.2d 1315, 1317(1972). "Changed zoning
classification" being a county rezoning that occurred immediately before annexation.
This holding may indicate how the Court may interpret transnational zoning in the future.
Nonetheless, if cities and towns are not prohibited from rearranging the zoning within the
annexation area, possibly cities and towns will be allowed to do so. If it is a sensitive zoning
issue, litigation is possible. Therefore, a zoning manipulation within an annexation area is not
prohibited under Arizona law. However, such a manipulation is not specifically provided for
under Arizona law either.
In an abundance of caution, and to avoid litigation over manipulation of zoning within an
annexation area,the most conservative action would be to not manipulate the zoning upon
annexation. As an alternative, the statute requiring that, upon annexation, a parcel retain
zoning classifications that permit uses no greater than what had been permitted prior to
annexation and that "subsequent changes" be carried out in compliance with the appropriate
rezoning provisions did not bar city from initiating rezoning proceedings before annexation of
parcel was final.Blanchard v. Show Low Planning and Zoning Com'n, 196 Ariz. 114, 119,
993 P.2d 1078, 1083 (Ariz.App. 1999). Thereby, an immediate rezoning is possible once the
annexation is finalized.
• Page 2
0 rt
ORDINANCE NO. (0)99- 25
AN ORDINANCE TRANSLATING THE ZONING FROM
PIMA COUNTY SR TO ORO VALLEY R1-144, WITH
CONDITIONS, ON THE PROPERTY KNOWN AS THE
FUTURE ARIZONA INC. PROPERTY, LOCATED WITHIN
MAP 4; AND REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH.
WHEREAS, the owners of certain real property known as the Future Arizona Inc.
Property, located within Map 4, has requested that the provisions of their previously approved
annexation agreement be retained;and
WHEREAS, the Planning and Zoning Commission, has considered said translational
zoning with added conditions on this property 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 Future Arizona Inc. Property contained within Map 4 be
translationally zoned from Pima County SR to Oro Valley R1-144, and that all applicable
development standards of the R 1-144 zoning district shall apply thereto to said property.
SECTION 2. That the provisions of the previously approved annexation agreement,
attached herewith,be retained.
SECTION 3. That all ordinances and parts of ordinances in conflict herewith be and the
same are hereby repealed to the extent of such conflict;
SECTION 4. 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.
4
(0)99-25 p.2
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this 12 day of Apri'1999.
aul H. Loomis,Mayor
ATTEST:
Ka n Cuvelier,Town Clerk
APPROVED AS TO FORM:
'd71t
Dan L.Dudley, Town Attorn
Annexation Development Agreement is on file and available for public review in the
Oro Valley Town Clerk's Office at 11,000 N. La Canada Dr. , Monday - Friday, between
the hours of 8:30 a.m. and 5:00 p.m.
PUBLISH: Daily Territorial
May 6, 7, 10, 11, 1999
POSTED: May 3 - June 2, 1999
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Q I° Y 2 ',3 1999,
MEMORANDUM
TO: TOWN OF ORO VALLEY
FROM: G. LAWRENCE SCHUBART, STUBBS & SCHUBART, P. C.7c1.5
SUBJECT: HALLAQ PROPERTY: TRANSITIONAL ZONING
DATE: 5/28/99
On July 21, 1970, the Pima County Board of Supervisors unanimously
approved the rezoning request for 80 acres of land at the northeast corner of
LaCholla Blvd. and Lambert Lane. The request included 10 acres of CB-1, 20
acres of TR (Transitional), and 50 acres of CR-2 uses. The conditions imposed
by Pima County required the owner to:
(1) Recording an acceptable plat that will provide for
any drainage problems as well as the necessary
rights-of-way;
(2) A suitable arrangement with the Pima County
Department of Sanitation regarding sanitary
facilities; and
(3) Recording a covenant holding Pima County
harmless in the event of flooding.
Pima County did not impose a time limitation on when the conditions
for rezoning were required to be completed. The reason for this seems self-
evident: In 1970 there was no established sewer system in the area, but the
approved rezoning was for development that would required the owner to tie
into the sewer system. We are approaching the time when this, in fact, can be
done.
In regard to translating the Pima County Zoning to Oro Valley Zoning,
an issue has arisen regarding whether a certain portion of the land approved for
TR zoning can be moved to another portion of the property. Specifically, by
moving the north 5-acre portion to an area contiguous with the south 10-acre
portion of TR development, to abut Lambert Lane, would be in the best
interests of the developed property to the north, and would accommodate a
more efficient use of the Hallaq property. I believe that this can be done at the
time of annexation.
•
SUBJECT: HALLAQ PROPERTY: TRANSITIONAL ZONING
DATE: 5/28/99
Before the statutory change adopted in 1986, Chapter 45, Section 2,
effective April 10, 1986, there was no statutory prohibition in changing the
zoning classification concurrent with annexation. In point of fact, often the
inducement to agree to annexation involved conferring a more favorable
zoning designation. In 1986 the following section was added to A.R.S. § 9-471:
"L. A city or town annexing an area shall adopt zoning
classifications which permit densities and uses no greater
than those permitted by the county immediately before
annexation. Subsequent changes in zoning of the annexed
territory may be made according to existing procedures
established by the city and town for the rezoning of land."
Inasmuch as each parcel of land needs to be treated separately to have
translation zoning adopted by the Town of Oro Valley, the word "area" in the
context of this statute best describes the individual parcel under single
ownership. There is nothing in this statute that prevents Oro Valley from
adjusting the location of a zoning designation, as long as the prohibition that
the overall densities or uses are no greater than those permitted by the county
immediately before annexation.
This type of analysis is consistent with many of the prerogatives that
exist within zoning codes themselves. A planned area development (PAD)
typically designates broad zoning classifications in large areas, while at the same
time permitting a methodology to tailor the development to the nature features
of land and aesthetic objectives. Similarly, transfer development rights have
been utilized as a means to move density of development from one area to
another area more compatible for development. Finally, even the use of cluster
development under zoning code criteria is a method to transfer within a
property densities for a given development. These are all common methods to
accomplish the same goal that we now seek to achieve.'
To accommodate the translation from existing Pima County zoning to
Oro Valley zoning, and with input from neighboring owners, and meetings
with the Oro Valley staff, the Hallaqs submit the following proposal:
1 This analysis is consistent with ordinary notice requirements,see,e.g.,Summit Property,Inc. v. Wilson,26 Ariz.
550, 550 P.2d 104 (1976) [variations from notice are allowed when the ultimate classification or zoning is
no more restrictive than the noticed proposal];Sandblom v. Corbin, 125 Ariz. 178,608 P .2d 317 (App 1980)
[authorizing administrative adjustments to approved plan].
2
SUBJECT: HALLAQ PROPERTY: TRANSITIONAL ZONING
DATE: 5/28/99
1. The CB-1 zoning be translated to Oro Valley C-2 for the 10 acres at
the southwest corner;
2. That the 5 acres north of the CB-1, abutting LaCholla Blvd., be
translated to R-6;
3. The 15 acres of TR zoning east of the CB-1, abutting Lambert Lane,
be translated to R-6, but with the right to develop 18 residences per acre;' and,
4. The remaining acreage is to be translated from CR-2 to R1-10 under
the Oro Valley Zoning Code. The Hallags agree that the overall number of
residential units cannot exceed that which could have been constructed under
the existing CR-2 designation. See Attachment A.
We have included, as Attachment B, the depiction which outlines the
Hallaq property and reflects the configuration for the translation zoning. This
exhibit also depicts the lots in the adjoining Canada Hills development to the
north. Attachment C reflects the lot size for each of those adjoining parcels.
This translation zoning reflects a substantial reduction in the
development rights that would have been permitted under the Pima County
Zoning Code. Hopefully those that view this proposal will recognize the
substantial compromise being offered, and that additional limitations, including
a time limitation for this development, will not be imposed. It would be unfair
to require the property to be developed within any set period of time when, in
fact, the ability to develop the property is dependent upon other property
owners participating in infrastructure improvements.
1 This increase from 12.44 units to 18 units per acre is an essential ingredient in this proposal. Under Pima
County TR zoning,owners are entitled to develop up to 43.5 units per acre,which we concede is excessive.
There are, though,many luxury apartment developments that have density in the range of 18 RAC and I
have attached one additional brochure depicting this type of development.
3
13.23.013
B. Minirrzum lot sire requirements for lots in a CR- B. Minimum area per dweli-;,-Ig unit: Sixteen thou-
1 subdivision may be approved by the board of sand square feet.
supervisors for reduction from thirty-six thousand C. Minimum lot width:Eighty feet.
square feet to twenty-fopLthousand square feet in D. Minimum yard requirements:
accordance with Section 18.09.050;provided,that in 1. Front: Thirty feet;
total there are no more individual one-family lots 2. Side:Ten feet each;
than one lot per gross acre of the area of the subdivi- 3. Rear: Forty feet.
sion zoned CR-1. (Ord. 1985-82 (part), 1985) E. Building height limitations:
1. Maximum height:Thirty-four feet;
2. Maximum stories: Two.
Chapter 18023 F. Minimum distance between main buildings:
Twenty feet except as required in Section
CR-2 SEGLE RESIDENCE ZONE 18.09.020D (General Residential and Rural
Sections:
18.23.01D Permitted uses.
13.23.020 Conditional uses.
13.23.930 Development standards—
General.
13.23.040 Development standards—
Detached accessory buildings.
13.23.051) Cluster development option.
13.23.060 Lot reduction option.
13.23.070 Lot development option.
13.23.1)10 Permitted uses.
A. Uses permitted:
1. Any use as permitted in Section 18.21.010(CR-
1 Single Residence Zone), but horses, cattle, sheep
or goats shall not be kept on less than one commer-
cial acre and not more than one such animal for each
ten thousand square feet of lot area. (Ord. 1985-82
(part), 1985)
18.23.1)20 Conditional uses.
A. Uses conditionally permitted:
1. Any use as conditionally peuuitted in Section
18.21.020(CR-1 Single Residence Zone),except the
raising of rates is not pelinitted. (Ord. 1994-146 §
7, 1994: Ord. 1985-82(part), 1985)
13.2301)30 Development standards—General.
A. Minimum lot area: Sixteen thousand square feet.
(Pima County 3-96) 18-52 EX1-113IT A
• 18,23.04D
Zoning Provisions) for a rear dwelling. (Ord. 1925- 13.239D60 Lot rezludion optiom.
32(part), 1935) A. Refer to Sectic:a., 13.09.050 (General Residential
and Rural Zoning Provisions) for the general provi-
12.23.040 Development stanchrzlz---Detzched sinus of the lot reduction option.
enrybuileings. B. -Minimum lot size requirements for lots in a CR-
.
A. Permitted coverage:One-third of the total area of 2 subdivision for reduction may be approved by the
the rear and side yards. board of supervisors for reduction from sixteen thou-
B. Maximum height: Twenty-four feet. sand square feet to twelve thousand square feet in
C. Minimum distance requirements: accordance with Section 18.09.050,provided that in
1. To main buildings: Seven feet; total there are no more individual one-fmily lots
2. To front lot line: Sixty feet; than two lots per gross acre of the area of the subdi-
3. To side and rear lot lines: vision zoned CR-2. (Ord. 1985-82(part), 1985)
a. Four feet if building is not used for poultry or
animals, 18.23.070 Lot development option.
b. Fifty feet if building is used for poultry or ani- A. Refer to Section 18.09.060 (General Residential
and Rural Zoning Provisions) for the provisions of
c. All horses,cattle,sheep,goats,or other similar the lot development option. (Ord. 1985-82 (part),
animals must be confined within a stock-tight fence 1985)
(no material shall be permitted not ordinarily used
for a stock-tight fence)in an area of no less than four
hundred square feet per animal. Such fenced-in area Chapter 13.25
shall be set back ten feet from the rear where it abuts
an a,RH, GR-1, SR,SH, CR-1, CR-2,or MU zone CR-3 SINGLE RESIDENCE ZONE
and forty feet from the rear where it abuts a zone
other than GR-1, RH, a, SR, SB, CR-1, CR-2, or Sections:
MU, and forty feet from a side property line. A set- 13.25.91D Permitted uses.
back of ten feet shall be permitted on the side yard 13.25.020 Conditional USBS.
where the adjacent property owners have a written 12.25,0030 Development standards—
recorded agreement to this effect, but, in no event, Genera/.
shall a corral be closer than fifty feet to any residence 18.25.040 Development standards--
or living quarters in an abutting property. (Ord. Accessory buildings.
1985-187 § 1 (part), 1985; Ord. 1985-82 (part), 13,25.0.50 Cluster development option.
1985) 13.25.060 Lot reduction option.
13.2E4070 Lot development option.
13.23.050 Cluster devel,vpment option.
A. This option shall be permitted only for subdi- 13.25.510 ID' 2.222Ittl'd 11°25°
vided residential lots as allowed in this chapter, and A. Uses penrnitted:
1. All uses as permitted in Section 18.09.020A
their associated open space,in accordance with Sec-
tion 18.09.040 (General Residential and Rural Zon- (General Residential and Rural Zoning Provisions);
ing Provisions). (Ord. 1985-111 § 1 (part), 1933; 2. Temporary trailer or mobile or manufactured
Ord. 1985-82(part), 1985) home: In accordance with Section 13.17.020A2(SR
Suburban Ranch Zone);
18-52.1 pi county 7-33)
• . __18.C9.050
and shall become a charge on said properties, and b. CR-2: Refer also to Section 18.23.060;
such charge shall be paid by the homeowners of said c. CR-3: Refer also to Section 18.25.060.
properties within thirty days after receipt of a state- B. Conditions:
-Ment. 1. That in total there are no more individual one-
K. Phased development, family lots than provided for in the lot reduction
1. Approval may be given for the development of option provisions of the individual zones;
delineated phases of the site,after submittal of a uni- 2. That the subdivision and all park, recreation -
• fled cluster site plan for the total project.The phased areas, and drainage areas (CR-i only) conform to
portions shall be shown on the subdivision plat. this code, including area and neighborhood plans,as
• 2. Open space requirements for each phase shall be supplemented and amended;
the same as stated in Section 18.09.040F. Separate • 3. That full and adequate provision is made for sur-
homeowners' associations with provisions . for face drainage, including dedication of rights-of-way
expansion or consolidation may be created. Prior to for existing and natural watercourses; and
the sale of any lot, site, unit or dwelling in a phased 4. That to promote parks and recreation:
portion, the open space and recreation areas in that a. An area is dedicated for drainage purposes
portion shall be designated, recorded and developed (CR-I only) or otherwise permanently reserved_for
or maintained in conformance with the approved . park or recreation purposes, either by dedication to
development plan. the public or by conveyance of an undivided interest
L. Amendments to final plan. to each lot owner within the subdivision or by appro-
1. Unsubstantial changes in the location, siting or priate deed restrictions or by other governmental
character of buildings may be authorized by the plan- acquisition processes,
ning and development services director, if required b. The total extent of said park,recreation area,or
by engineering or other circumstances not foreseen drainage area (CR-1 only) is no less than the sum
at the time of the final subdivision plat approval, total of the number of square feet by which the area
2. Substantial changes to the approved cluster site of each lot in the subdivision is less than that
plan shall require a complete, new review of the required by the zone,
entire project, to include additional fees, plan sub- c. In no event is the size of any single park or rec-
mittals and meetings in accordance with this section. reation area any less than four acres, and
(Ord. 1998-51 § 2, 1998; Ord. 1996-58 § 4 (part), d. Said park and recreation areas, whether ded1
1996;.Ord. 1994-147§3(part), 1994;Ord. 1988-116 cated to the public or not,are reasonably available to
§ 4, 1988; Ord. 1986-187 § 1 (part), 1986; Ord. all lot owners within the subdivision.
1985-187 § 1 (part), 1985; Ord. 1985-111 § 1 (part), C. Approved plat recordation required:No approval
1985; Ord. 1.985-82(part), 1935) on a minimum lot size reduction shall be effective
until a subdivision plat complying with the commis-
13.09.950 Lot reduction option. sion's findings and certification and approved by the
A. Scope: commission and supervisors is recorded in the office
1. Minimum lot size requirements for lots in a sub- - of the county recorder. (Ord. 1985-82(part), 1985)
division may be approved by the board of supervi-
sors for reduction where the conditions of Section 13.09.060 Lot development option.
• 18.09.050B exist and the planning and zoning corn- A. Purpose. The purpose of this option is to:
mission finds and certifies them to the supervisors. 1. Permit the efficient use of land;
2. The lot reduction option is permitted in the fol-
lowing zones:
a. CR.-1: Refer also to Section 18.21.060;
18-31 (Pima County I C-98)
INTEROFFICE MEMORANDUM
TO: GLS
FROM: BELLE
SUBJECT: RECONFIGURING ZONING LINES WITHIN A SINGLE
PARCEL SUBSEQUENT TO A PUBLIC HEARING
DATE: 5/5/99
Pursuant to your instructions, I looking at variations from zoning
proposals set forth in public notices.
Summit Properties, Inc. v. Wilson, 26 Ariz.App. 550, 550 P.2d 104 (1976)
states, in pertinent part:
"Variations from the original notice may be considered
where a classification or subject matters either is of a more
restrictive nature or is a minor or insubstantial variation
from the notices proposals. See authorities cited, 96 ALR
2d. 484 §19 (1964).
Id., 550 P.2d at 109.
96 ALR § 19 discusses Neuger v. Zoning board of Stamford, 145 Conn. 625,
145 A.2d 738 (1958) in which a proposed zoning amendment defined a
shopping center and after notice and hearing the form was changed in that the
single-ownership requirement was eliminated "so as t require that only one
such package store could be opened in any shopping center." The court stated:
". . . The very purpose of the hearing had been to afford
an opportunity to interested parties to make known their
view and to enable the board to be guided by them . . . it is
implicit in such a procedure that changes in the original
roposal might ensure as a result of the view expressed at
kviv
.)
CC: File
li
the hearing and ruled that the notice was not required to
contain an accurate forecast of the precise action which
might be taken upon the subject matter referred to in it."
96 ALR at 485.
Sandblom v. Corbin, 125 Ariz. 178, 608 P.2d 317 (1980) involves a suit
brought to surrounding landowners against Camelback Shadows, Inc.,, and
other Maricopa county defendants regarding the board of supervisors' approval
of a revised site master plan. The Superior Court granted judgment in favor of
the defendants. The Court stated, in pertinent part:
"In our opinion, the administrative action here involved does
not entitle the public to any greater procedural protection,
than it is afforded when the Board acts in legislative
capacity. Therefore, we believe that the Board may effect
insubstantial changes in a permit if they fall within the
general purview of the original notice without having to
resort to a new round of notice hearings . . ." (Citation
omitted, emphasis in original.)
Id., 608 P.2d at 324. While this case contains language that supports the issue
at hand, it is factually dissimilar in that it deals with, among other things, special
permit issues.
It seems that all of the cases involving deviation from that which is
stated in a public notice cite, as authority, Summit Properties, Inc. v. Wilson, supra.
As authority that the governing body may make minor insubstantial changes to
zoning ordinances.
2
March 29, 1999
Tobin:
As you may be aware on the Hallaq Property, the Hallaq property has conditional zoning that is
in place which has not been sunsetted. Therefore, when we do our translational zoning, it will be
translated to the closest analogous zone. Are you aware of any provision in the Oro Valley
Zoning Code or any provision in the State Code that would prevent us from placing a time limit
on that zoning when it translated?
Is there, in our Zoning Code, that you are aware, any provision authorizing the translation on a
conditional basis? � t
Please advise ASAP.
Dan
6"/
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1
STUBBS & SCHUBART, P . C.
(16
ATTORNEYS & COUNSELLORS AT LAW gri
340 NORTH MAIN AVENUE
TUCSON. AZ 85701
PHONE: (520) 623 . 5466 FAX (520) 882 -3909
stubbs 1 @azstarnet . com
..1111111...
FACSIMILE TRANSMITTAL SHEET
TO: FROM:
DAN L.DUDLEY,ESQ. G.LAWRENCE SCI-ILJRART,ESQ.
COMPANY: DATE:
DUDLEY LAW FIRM Agri 6,1999
FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER:
297-3927 6
PHONE NUMBER: CHARGE:
HALLAQ
RE:
0 URGENT 0 FOR REVIEW ❑PLEASE COMMENT ❑PLEASE REPLY ❑PLEASE RECYCLE
PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE:
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL
INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED BELOW. IW THE READER Or
THIS MESSAGE IS NOT THE INTENDED RECIPIENT,OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE
INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS
COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE
IMMEDIATELY NOTIFY US BY TELEPHONE,AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA
11-1E;U.5.POSTAL SERVICE. THANK YOU.
NOTES/COMMENTS:
COPY TO FOLLOW BY LIT CLASS MAIL= XX YES _NO
I"� I V iJ J J v_T . V�J• J • v v v v to �+�.• r v.-+. .• . - --
Stubbs & Schubart, P. C
Attorneys and Counsellors at Law
340 N. Main Avenue
Tucson, Arizona 85701
srubbsleazstarnet.com
Robert C. Stubbs P. O. Box 50547
G. Lawrence Schubare Tucson, Arizona 85703
Thomaa M. Parsons (520)623-5466
Damian M. Fellows Fax(520)882-3909
•Q14c licrrtesed ut renmzylvania
April 6, 1999
SENT BY FAX TRANSMISSION/1ST CLASS MAIL
Dan L. Dudley, Esq.
7435 North Oracle Road, #101
Tucson, AZ 85704
Re: OV 9-99-51 Hallaq Translational Zoning
Dear Dan:
Recently I spoke with staff and also with Chuck Sweet,Town Manager, I placed
willthe call before 5:00p.m. today.
a call to you, and hopefully�you be able to return y
This letter will discuss brieflythe issues I want to address with you.
After Dr. and Mrs.Hallaq became aware of the recommendation for translation
zoning,theyfelt they needed the assistance of counsel. Recently,I began to act on their
behalf but I feel more time is needed to address the various issues raised by neighbors
hbors
and by staff,
Although I was told yesterday that staff would support the request for
postponement, today I was told that the 6 month limitation in A.R.S. § 9-462_04(D)
precluded any such postponement. I have researched this issue and determined that a
postponement requested by the landowner cannot be used to the detriment of the Town
in any subsequent hearings. It is not the Town failing to initiate translation zoning—we
are the ones making the request for a postponement.
There are reasons for this request beyond just working further with staff to reach
a mutual agreement. The notice for public hearingidentifies, in part, translation to the
now staff agrees with r request tht C-2 (restricted)may, in fact,be
C I zone,butgr q y
more appropriate. Unfortunately,we cannot go forward even with that agreement
because the Commission can never v make a recommendation in excess of that which has
been noticed for public hearing. See, Summit Properties, Inc, v. Wilson,26 Ariz-App.550,
550 P.2d 104 (1976).
Dan L, Dudley,Esq. April 6, 1999 Page 2
Re: OV 9-99-51 HallaqTranslational
Zoning
g
Finally, there is the issue of the adequacy of the translation zoning itself and
whether that meets statutory'requirements. This is an issue that I would much rather
discuss with you as opposedto presentinghearing.it at a public hearing.
Very truly yours,
STUBBS&SCHUBART,P. C.
)11-Litz"wes. 4.9
G. Lawrence Schubart
G LLS/bnnmh
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21.02 Zoning Status of Land Upon Annexation; . . . • :iv:,
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• ''''-r-7'41:•-r..-..*•.:. L...,.--,,,,,.......!-.•••,.flj—Applcable Classification
,.: .• ,' 7,•. , r.;•,;,_•...:-...4.,r..,:'..,..f.
• -...'.• -.:.A.-•-. . ' - ,a..VA .• ,t,''.' •
- •'•• - • •
i'..`• [al—During Litigation. While annexation proceedings are .V.,- .-f,..•.• .....,„,
....._,_.,...• • - . • '
,,,,,,,•---3.-
--'•A . :.being litigated, the county zoning regulations continue to apply in .
•, • •• .
•"':...!-.. ', area.
contested
the1
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Chli---Post-Annexation. There is some disagreement among the L ,.., „iii: .,: , ...- • ,,....
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5 ':,:;.--.'. various jii.risr.i. ;tions as tc the 70ning laws that apply after land ha.' E
jk •‘-'1. 7 . .:- ',.'''t.•••.,,. ..l...,'.''-,z:'•*:'''''''''.;. .•.
' •'...-•'•'` been alineAec by a municipality.Som,;hold that annexed land retains.4•••••.'; , ..„••., c,,,x•...-- .••. ,.,sa,' • ••,,,,•-•.
. •t".1.*t*.':, itIl prior zoning classification; others hold that such land iR free of , . .-i'.....i.:',;viii,4-:‘;. "'.-- .•::::, ..L., ...
,
'451P .'-•.---rior regulations; arid still others view the land as being subject to ,..,-...,,, ,-.'"Wqrr-s-•-i,".-AN5-,-.-;.
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tie laws of the annexing jurisdiction. The first view—that annexed
.....-.-J.••.:...,•
2 f-trAr.And retains its original zoning classification-has been adopted by
.„..,
. --i•f"-i.•-•3eVeta/courts.2 A Kentucky court ruled, moreover, that a city ordi-
• llittligtiice niay properly provide that annexed territory receives the same t;
-.....;' -7;• . :,- . • . - - .i..::,,:...
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,,it, "Zni.1/g classification that it possessed under the county regula- -. ,:.-,:•;541k 1-'411.A„..•.,,•''l',.......-• '
• . r.' • aZi.'. _
'4%.....7.•,;‘',.. , ,ok:.• 7 An ordinance providing for continuation of the previous zon- .-:-,..'•...,...i.:.. v ,':-:•`.....::',-',-•17i''';'.-
• .--;;:% ',.. -.
zlig,. classification does not, however, authorize the county to zone
. •.-,,,...7.-,-,..gt) property. It merely recognizes a status that has been acquired
, ,,,l'or.-.1.,:.-,..k,• ,
. 4.•.•..1.--;•.:,....„,.
.....'stit.,11,State ex ref Albert Realty Co v. Village Bcl. of Vill. of Brown Deer, 7 Yiis2d
.•..•1.•-ilki:134„95 NW2CI 508 (1959).
,.4-•--,!t.:1=•,44.,_,__
....' • 74-... una: Maricopa County Dd. of Supervisors v. Bell 51st Inva,tors, tOR Ariz
.• ..,":•.•.•04 in.495 P2d 1315 (1972).
...1'..+,,,NT•• ••fr.v.*nteky: Stetter v. Cie. of Erlanger, 4-/5 SW2d 629 (Ky 1972).
- •
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.i.a,.... ....hankvippi2 City of Jackson Y. Holliday,246 Miss 412, 149 Sold 525 (1963);City ..,". .•••••(.4. _ -t.....::.4*w:b.:. -
— -.., ,•• -.1.4',.......:•'...: ...
:.,....:,.'•'.!i=.7"'OlactihOn v.Bridges,243 Miss 646, 139 Sold 660(1962).See also City of Jackson •.,. --,-.-A-'.". .::•:ii:.7,1c1": ..!'—
'.....,-..0„:-.z.3.:*•;:iii-----y DX Oil Co., 197 Scad 882 (Miss 1967).
,...: 7.,-,,,,,,,,e. 4,•::•...,..: . , ..,... -
• ' ; ft,''''' -
....*:,.- ••• ,..,..1,. . Daiunan v. City of Ballwin, 483 SW2d 605 (Mo App 1972).
.,,,,,,Atit,k,i....A.
....•.T:.':::-.;"1":'..1:-.461a-Kligler v.City of Elyria,2 Ohio App2d 181.31 Ohio Ops2d 279,207 NE2d
,• ;,„__,,„„,--,,,g.•' . .-•''...''.'s.• :._...,,•• flt+d-F,.!, .
965). In that case, the applicable statute provided that upon annexation the
••,..,,,,,,,„..,,....,,,.,-
.. .-,,,,,...;-4.:•- •_• ,."...„,;1;11." .,.....:••-•.••.- •'...,'• .,. 4•'••••c
---'n*-•'••••-..'• ', zoning laws were to remain in efTect until either adopted by an annexing .,, .-..7.*,,,...„.,... • •.• ..',...,(F,•
• .1,4.:,..•'• kl ....•..,11,44,
- '..........,:7.-4 or substituted with new zoning regulations Accordingly,an ordinance .• .. ., •.- . .:--r.s,,,. !.. •••.-.•
• , ... --c-•,, '.• '.•:.,•:-.!'i-. •
l'..'•,..; ,. _,, .i.,...-. • -• to place all property thereafter annexed into a single-family rmiidert- . ... _ ...
• L .. ' . :.A..--- ••• ,..,,,,w..
...t.-•••••• • . • -, ".. was licid to be unconstitutional.But see Sanders v.Snyder. 113 Ohio App .,... .4„..,.,..„,,,4..,,...
...... ,,,!3...„.- ., . .: ...,.. .•. ..:,;,.i.,.,..,:::::-.:
. ..,...,.. ... .2.,...:. 4.. ,.0ps 392, 178 NE2d 174(1960),where the court stated that because • - +,-•, '''.%::.; ..,'••1;*-. --. !
:•,t..!•••••-• .• ,,•••,• : ...4.,.• , ••,,•.•• . '.,,..- •,
, .
'ci•-•,•••..• - -.6,...- - that zoning ordinances are not intended to embrace property lying •• -, •- 4
ns,r. . ..?- • -:::•::.,- . -4:- . :::. '" ‘..it:.. ' ....:. -.
•"F... •''' •::. ,...::,...,,.Ci. EICRusdaries of a municipality, upon annexation such property becomes . ',,... • ::::.:,...-.•.:•',„ _ ,;•;.'
. :••••• . . ....;.,.,...n1;;_,• •• not governed by previoualy enacted law.
r,..;•-• • •••••,•..-,...4-..,:-::...,-,•.,,..• ...51,r, '..i.,17.4.......::4kir,,.... ,.i....-
'-'. ... • ...-.,.. :.,„. '-fzity-of Erlanger, 475 SW2d 629 (Ky 1972). '
• '• •••••••'-'7,1,.',' /-
(Zanins La.)
. • •i•••,.: •' • i' •‘.i V.t:1:'' '1: --.•..•
.-,'.. ..,':...',...',. `. •-. - ..•- •-• • ...I i-•
,•.,...•:. '',,,.'--...i;iii.,„,„_..f1••.-..,!'-e....
4''''410:-,"-..;...'1Et.....'#".' ;."'s'II e t:.'...", ' . ."..T.,'.•: ., k,..
.-'.._,,'t,'.,;,-_,ZI,.' ,.- , '...,:- ..rl ..1.., -.•:,,,' .....1.._. .
-: ''.... ....,';';'...,t*,;•4."'''.. '.••
• ,,7- ',. • -.—r-i'-'4%,,,,'• ''..•••
......-' '::'.......;:''''''' .''.'• • . •.• -.•:,*:'''-'••''.-'..',WV, •••••- .•.,.,•'
: .'7..7 -.,.:,....;:. i-.•.",•:4'.•• ,....:,''.'.,;t....•-•,..:.:-. .•,•••:.: .: .'_'' •",".•-
' ..,. _.,.•.:.•..,-•..,',--•' - .111101K4,P7p.,.....r.....----,......r....,...,,,,,.....,;,.....7 .., -1,........,.7. ..*,I.V.1.1,..,„Zr e..,•••••••
,,,,;;;Z :...eiiirelEW'.. • .....A''.14..Vireaaeikai.414..... •,‘••••••.'• ,'•••:':,,:.:•':.....‘.. '..k.'.... ... ' '
p.♦t� _ V V --7 7 V.'•'r..:.7`t r 31 t.J L7 L7• L I - V 1 1,..i LJ H 11 1
1 JLV c..3..)4- .��v.7 r .V.7
-•.A• rr i�P .. L •.w- .•N.J""'mod' ..w....O...i�+�at� ••..r....+i_w..w..+�.•+ .�..�� •
• ,`fit. _•Y.T.:' >y yi. '�./t,'.
w ram . fv ai '..'h••.:4.
•i j. § 21.0211J ZON[NG AND LAND USE CONTROLS • :' `..''*: .'-" .
s'`
•• �Y and provides that such status be"frozen"pending appropriatd +=`. -
4., •
by city officials.' _ •.,., ,
:"Y"r
•
Another group of cases, however, has taken the view that .• •
annexation, the regulations in the former controlling jurisdictie," :.
'longer apply to the annexed territory unless made applicable b3r•.. .'.:
ordinance.' Under this theory, the zoning status of annexed :., 1--��= �'
_ depends upon the local laws in effect in the particular locality. ' .,-,,"�:,..
an annexing city fails to take an action to provide a zonin: sc •�.•:.
` it •is h e y urisdictions that the annexed land enters_ r•M'-.
, • municipality with an unzoned status It has been held, moreover,:!:=
• Hawkins v. Louisville and Jefferson,266 SW2d 314(Ky 1954).The court A.,',.
that passage on "fiat reading" of an annexation and zoning ordinance that xu' ---`.
r%;.i. .
parted to annex certain property vested in the city jurisdiction under its police power I.''
to hold the area in status quo pending final determination of annexation and zc - .
Thus. landowners who sought a permit to construct a service station on '" -�
•
classified as residential under the proposed ordinance were deemed to hold tueh.',-.
`' property subject to the city's right to annex and plan the zoning of that land..A. i, -'s
contrary holding, the court maid, would destroy the city's right to plan the zonia •`'i:i:. =`::
•:t; t of annexed areas,and would permit property owners in such areas to begin constrtto�::'
tion and thereby defeat the ultimate execution of the plan.Westwood t)evcioprnertt• .:',.
: :°: '' • Co. v. City of Abilene, .3 SW2d 652 (Tex Civ App 1954). :-+'•:: '.
..�►: - 5 See Note 6
it -o
' California; Cityof South San Francisco v. Berry, 120 Cal App2d 252, 260 P2d '.7'''
''' 1045 (1953). The court ;•u1e3d 'hat a county zoning ordinance doe4 not apply 10
" county land following its annexation to a city. There,the county ordinance zoned„ ?`-•' :
R s:r defendant's property for single-family residential uce. The defendant built an addi_ ,,.,,c-,,
,a is' tional buit•lin and alter �'�` '
g ed the existing structure to accommodate more than one .0
.,;' ,►:=:. family. The court held ,.} ,.
.�" that the defendant was not limited by the county ordinance '''1 '•*
"'-' 5 and that the city did not have an ordinance regulating this particular subject. .••• : -:.
•
'"j, - Idaho:.Rcn Lomand,Inc.v. Idaho Falls, 92 Idaho 595,448 P2d 209(1968) fhe :a.
a,it,-.1 Ar�• court stated that land annexed to a city becomes subject to its jurisdiction,and that, •-',•: '
•
*` where an annexing city fails to take.any action to provide a zoning classification for•...
-�: ;�•
•
the annexed land,it attains an unzoned status.Thus,the court held that an applies-;;i• t.„- .-
tion for a permit to operate a service stat ion on an unzoned shopping center tract, ;
had to be issued where it was filled before any zoning ordinance applicable tn,tbe" -,, '";,-`
property was pending, notwithstanding that an ordinance was enacted subsequent''::?;-.� 'f
.ti.
.-" ' to the filing. After annexing the land, the city had not adopted zoning restrictions:i: ::' _ -
and for several months had failed to approve any of the various requests for building.. •-.••
., permits on the land,even though no contention was made that the requests failed ••" "```-'r
to comply with existing legal requirements, t.; ;' -=,
1•' Kentucky: Farley v. DeMuth, 399 SW2d 469 (Ky 1965). t ;j`-•
i.�t•_
- z
_ •
•
.. ~.,. r ." '.; • t •!. •�' -„ •
; n. _, , ' '
• - • . • • •• .. • -',7‘.:',.''..'• Y.. • rt;4n •'C,,+•' �'•tom.i:.,•': ,j"7i,, r 1 i•..s' A4'.,*„ ., , -; • ,,' p,♦•,•, e.• + -tw�.�•::• ..t d:
:,:.
.. , '.• • . t `.+:.;vr.11L.''' r'y. • • ",i'/�.•• yCAK•`•v.2SR.•+�fYt7r-1':: ;•`l'.•L. ,.�i': - i:f: ..': „Y Ra,7Y .,•
• • , �j�L* .V I'Kt 't,,�, i"�,•:. ' . : •,i'�1 .. .V ••.• i-• wh` , _'. .•
.',., ' s•.;. .
�•; . . ' .fr•1.,..i ., ,4 '• .• to,.'.:, _ Y' 32 L ,l t i.L t^� i1 •f
.- ,... -
. . f l. A\ii �( YY -•{.� �'•N t.t � t
„....,
...._ -- .,,i,.,..
tx_; : . . ,... • . .
‘,... ,..... . . .
. ..
,5.0.,,.:...,. ..• .-... .. ,v.. ....:- .,;.:,,-,.::,..., ........ . . , ..:
..
• .
Ip _•r}, ••Li .•,».• ` l• 1•-��•.t Y;1a.• S1•,I•�....•(i.7{!. t .. ,
. .
•'�'T '~Jar•.v:•r•. .'7Z-•c! e; .1* 'y. d�� '4`;::} ' ..• ...
•:... .,`..•` ^'t r,f•.+Nir!+Lwy k. .yc.M4 t•� 74 -.w...: S",1 .•.. _•.. ' •'�,
•
�. - ' ,• =,C •v;-'j�i;:S�+!1'�: -y. •�Y`T'•” ty:.r•t.�.ti"• j,•�.•t;w.,,.t•. ryI yi M•:�?';,�•f`l',�.•'M�X�':�r,. '�•iay4': ���~ •.. •.. '.
'...1',4"•:
•
•`;::r..,
1 .•
�-•mo. t •
;•wt r'~t 21-9 ANNEXATION ZONING $ 21.02(21 - .`
- ...:,- •that where a city fails to zone annexed territory, it must grant per- -
41 `;-- nuts for uses that are not prohibited in the annexed area.' •.
�• �, =r Finally, fewcourts take neither of the above approaches. These
a z herpp ._
' '-cases hold that upon annexation, land immediately becomes subject .
• �',� '�� even in : .. � ••�� • ,�-� �•
<,: •.,Ito all the laws and ordinances of the annexing municipality, _ ' -•
.,*r .� the absence of any express legislation to that effect.a -
,.t,t . t21_Legislation k • .r--.• =,�;••C•f''..••
f',*-: [Ai—Combined in One Ordinance. Delay in classifying newly t r- `a=�. ':=. ..�.:.ti, `�'
., .yam, ' e.. - ; }p4..A
- acquired, i.e.,annexed, lands can result in considerable financial loss _
:�;-.};',-' to proper owners. Moreover, it is illogical and wasteful to require f , ,' •:- , • <:
• ,..,:?.a.two step process of first, annexation and later, zoning, because a -` `rAe .:.:. =':
•
-t �-municipality having an authorized planning and zoning body has
;;•-- �-''4 excl:2sive jurisdiction to zone annexed property.9 Acc I-
ordingly, it has - - ' = •' ��''
.••; .
•
.been held that the fixing of a zoning classification for newly annexed y. _• '• 't'- -.it
-_•, •: -'And is properly includable in a resolution providing for annexation y • r,i4
, by a municipality which has an authorized planning and zoning •
. '�4� is - : }, ��.�1 -.
COLIImisssion. �:
• y �j Since newly annexed land may properly be zoned by a city as part
r•'=fir'-a ants annexation proceedings, it is proper in such circumstances to
ti, . ;�-apt by reference, as a part of the annexation ordinance, the zoning ' ' t
= classification of the property that had previously applied under the • r
• : :,, unty zoning regulations. Furthermore, a municipality may
�h Text continuedon a ZI-11) ? ,__',..
• ,•`'' -2. fi:Maryland Beshore v• Town of Be! Air, 237 Md 398, 206 A2d 678 (1965)• ..-- -;.;�;;,
- ''•'Yew York Elfish v.Village of SufTern, 30 AD2d 554,291 NYS2d 178(2d Dep't • ::
"^;"—af, :Incorporated Village of Mutton town v-rriscia,64 Misc2d 1014,304 NYS2d • - .' •-'•
r.
•▪ t= yc• (i969}, affd 38 AD2d 737. 329 NYS2d 337 (2d I3cp't I972)_ •
. .', .•,,, rz, .North Carolina: Taylor v. Bowen, 272 NC 726, 158 SE2d 837 (1968)• '-`�
yyT
^�,'_.• -1 `9tetter v. Erlanger, 475 SW2d 629 (Ky 1972). •
•
t.y ►mix- Citizens Bank and Trust Co. of Park Ridge v. City of Park Ridge, 5 _ • -' j ,
'r ' 77. 282 NE2d 751 (1972): People ex,1 Trcbat v. Park Ridge, 110 111 t�•
-, ' 404. 249 NE2d 681 (1969). • • t '''.
1'' •. on; Western Gas Co- of Washington v•City of Bremerton, 21 Wash2d
• «w t is •
• 846 (1944)_ . •-: - r• •
• • r• • v.Town of Bel Air, 237 Md 398, 206 A2d 678 (1%5). • • • �' 7 •
• - v.Lewiston,95 Idaho 243, 506 P2d 470(1973)_Tbt court stated(506 w. r'r:"`
•
'• •74). � : ,
' 4...;' (Zoning L..) ~~� ;
�.�,; -
RECEIVED
APR 6 1999
JAMES D. McDONALD Inn nt Oro Valley
TUCSON, AZ 85737
April 5, 1999
HAND-DELIVERED
Mr. Bryant Nodine, AICP
Planning & Zoning Administrator
Town of Oro Valley
Community Development Department
11, 000 North LaCanada Drive
Oro Valley, AZ 85737
Re: OV9-99-51 Hallaq Property, Translational Zoning
From Pima County CB-1, CR-2 and TR to Oro Valley
C-1, R1-10 and R-6 - Public Hearing: 4-6-1999
Dear Mr. Nadine:
I am writing to you regarding my concern with what is being
called a translational zoning of the OV9-99-51 Hallaq Property.
After attending the meeting held March 22, 1999, my understanding
is that the Town of Oro Valley is bound by law to reclassify this
property from County Zoning to the closest applicable Town
Zoning. The property is currently zoned CR-2, which I understand
is one home per every 16, 000 square feet with allowable variation
under certain circumstances to 12, 000 square feet. My limited
understanding is that reclassifying the property to R1-10 allows
one home per every 10, 000 square feet. I believe that the
closest zoning under law would be Ri-20, which is one home per
every 20, 000 square feet and am respectfully demanding the
following: That the said property be translated from CR-2 to Oro
Valley R1-20 or that, at the very least, the translation be
conditioned in accordance with County CR-2 allowing no more than
one home per every 16, 000 square feet and any variances under the
conditions already stated. My request is not unreasonable
because the property owner will still maintain the zoning they
enjoyed under the County. My property is adjacent to the Hallaq
property and I believe that I am entitled to protection under the
zoning guidelines as well the Hallaqs .
Mr. Bryant Nodine
April 5, 1999
Page 2
I am unable to attend the April 6, 1999, meeting due to
prior commitments and would like this letter entered into the
record at the meeting. Please advise me, in writing, as to the
determination made on this property so I can take whatever steps
may be necessary.
Sincerely,
(.7��1�--�r� ..�....�J ,ems-=....�.__::
James D. McDonald
JMD: ltm
cc: Mayor, Oro Valley
Mr. David Marsh
(Both Hand Delivered)
JPA,LEY 4,).
O cO
�r TOWN OF ORO VALLEY
COMMUNITY DEVELOPMENT DEPARTMENT
• Planning and Zoning • Building Safety
. 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022
• Parks and Re
creation
O 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202
UNDEO\
September 11,2002
Larry Schubart
Stubbs& Schubart,P.C.
340 N. Main Avenue
P.O. Box 50547
Tucson, AZ 85703
RE: . PUBLIC HEARING—ORDINANCE NO. (0)02-17 OV9-99-51 ORDINANCE
TRANSLATING THE ZOMNG FROM PIMA COUNTY CB-1, '11R., AND CR-2 TO
ORO VALLEY C-2, R-6,AND R i-10,WITH CONDITIONS, ON THE PROPERTIES
KNOWN AS THE HALLAQ PROPERTIES, LOCATED AT THE NORTHEAST
CORNER OF LAMBERT LANE AND LA CHOLLA BOULEVARD
Dear Larry,
At their regular meeting of 6/19/02,the Town Council voted by a majority(4-1) to conditionally
approve the aforementioned request. The minutes and ordinance approved by the Council are
attached.
The rezoning was made effective 30 days from the date of the hearing. Please let me know if you
have any questions or if I can be of further assistance.
Sincerely:
.-R
Bayer Vella, AICP
Senior Planner
xc: Shirley Gay, Subdivision Clerk
Raul Duato, GIS Analyst
OV File
Attachments: Excerpt for Town Council Minutes
Ordinance No. (0)02-17
www.townoforovalley.com
10. PUBLIC HEARING—ORDINANCE NO. (0)02-17 OV9-99-51 ORDINANCE
TRANSLATING THE ZONING FROM PIMA COUNTY CB-1,TR,AND CR 2 TO ORO
VALLEY C-2, R-6,AND R1-10, WITH CONDITIONS, ON THE PROPERTIES KNOWN
AS THE HALLAQ PROPERTIES, LOCATED AT THE NORTHEAST CORNER OF
LAMBERT LANE AND LA CHOLLA BOULEVARD
Bryant Nodine,Planning and Zoning Administrator, reported that in August 1998, pursuant to
Section 9-471B of the Arizona Revised Statutes,the Town of Oro Valley's Mayor and Council
annexed the area known as Map 4. He explained that the Town was required to change, or
"translate"the zoning on the annexed properties from Pima County zoning designations to the
closest comparable Oro Valley zoning designation.
Mr. Nodine explained that in accordance with State Statutes,the Town must translate Pima
County zoning to Oro Valley's closest equivalent designations. He reviewed the County zones
and Oro Valley translational zoning designation as depicted below using the overhead projector:
COUNTY ZONING TOWN EQUIVALENT LAND AREA
CB-1 (Commercial) C-2 (Commercial) 10 acres
TR(Multi-family R-6 (Multi-family 20 acres
Residential/offices) Residential/offices)
CR-2 (single family R1-10 (Single family 50 acres
Residential) residential) 1 J
In conclusion, Mr. Nodine explained that staff was recommending approval but, recommend
changing the wording "Community Commercial"in Section 4 of the Ordinance to simply read
"Commercial"because the designations are not all set for these types of commercial areas at this
point. He explained that this would identify the commercial property in the area and would
essentially make the translation non-conditional or would pardon the zoning.
G. Lawrence Schubart, attorney representing Hallaq Properties explained that there was one
point within the staff report that his company continues to find problematic. He stated that staff
suggestion that the commercial designation expires after 5 years unless the General Plan is
brought into conformance was totally inappropriate. He explained that there had been no time
limit in Pima County and he felt that it would be inappropriate to impose a time limit now,
especially in face of all of the concessions the Hallaq's had made to bring the property into
conformance. He asked that Council reject staffs suggestion of the 5 year limitation as an
additional condition and merely adopt the first motion suggested.
Mayor Loomis opened the public hearing.
Joseph Pikosz, 2082 West Three Oaks Drive, explained that he was opposed to the Ordinance
especially with the R-6 zoning revision. He stated that the area should remain a R1 Zoning area
to be consistent with the single family home development.
Glen Smith, 10631 North Sand Canyon Place, agreed with Mr. Pikosz. He said to increase the
density in the area would be substantially counter to what has already been translated into the
southwest corner of La Cholla and Lambert Lane corridor.
Bill Adler, 10720 North Eagle Eye Place, stated that the General Plan currently shows the area as
a low density residential area. He explained that if there could be a mutual understanding such
as combining the uses "commercial and residential" on a neighborhood scale so that there wasn't
quite the impact that this would be more consistant with the General Plan.
Alan Lathrem, 1750 West Tangerine Road, stated that he would like to remind everyone that this
area was in the Town of Tortolita and he felt that this was a waste of time. He stated that he was
concerned with the fact that he had not been notified that his property had been rezoned into the
Town of Oro Valley.
In answer to a question for Mayor Loomis, Mr. Nodine explained that whenever a property has
been annexed and within 6 months, a translation has to been done and it has to meet the criteria;
He explained that at this point the applicant can then request to change the zoning. He explained
that Mr. Schubart was absolutely correct that the county had not included a time limit and the
staff report was incorrect. He explained that the 5 year limitation was inserted because staff was
trying to create something to eventually match the General Plan, either through a General Plan
amendment or through the cessation of the zoning.
In answer to a question from Council Member Abbott, Mr. Nodine explained that with a
translational zoning, school over-crowding conditions are not considered; it is strictly moving an
area from the county entitlement to a town entitlement. He pointed out that the applicant has
verbally stated that they did not have the intention of placing an apartment complex on the site
but simply wanted to keep those rights in place. He added that the Homeowners Association was
contacted about the translational zoning.
MOTION: Vice Mayor Johnson moved to adopt Ordinance No. (0) 02-17 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-2,R-6, and R1-10, and all applicable
development standards of those Oro Valley zoning districts shall apply thereto, with the
conditions listed in the Ordinance and deleting Section 4 of the Ordinance. Council Member
Wolff seconded the motion. Motion carried, 4-1, Council Member Abbott opposed.
ORDINANCE NO. (0)02-17
AN ORDINANCE TRANSLATING THE ZONING FROM
PIMA COUNTY CB-1,TR,AND CR-2 TO ORO VALLEY C-2,
R-6, AND RI-10, WITH CONDITIONS, ON THE
PROPERTIES KNOWN AS THE HALLAQ PROPERTIES,
LOCATED WITHIN MAP 4; AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, the owners of certain real property known as the Hallaq Properties, located
within Map 4,has been annexed into the Town; 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,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF
THE TOWN OF ORO VALLEY:
SECTION 1. That the Hallaq Properties contained within Map 4 be translationally zoned
from Pima County CB-1, TR, and CR-2 to Oro Valley C-2, R-6, and R 1-10, as shown in the
attached Exhibit A, and that all applicable development standards of the C-2, R-6, and Rl-10
zoning districts shall apply thereto to said property.
SECTION 2. That the 20 acres of R-6 zoning designation shall not exceed a maximum
density of 12.5 dwelling units per acre (DU/ac).
SECTION 3. That a 16,000 square foot minimum lot size shall apply for the 50 acres
translated to the R 1-10 zoning designation. A 12,000 square foot minimum lot size may be
permitted in the R 1-10 zone under a lot reduction option, which will require additional
preservation of open space and buffering of adjacent properties. The gross density in the R1-10
zoning designation shall not exceed two dwelling units per acre(DU/ac).
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)02-17 p.2
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this 19th day of June,2002.
Paul H.Loomis,Mayor
ATTEST:
et ..L(4;—
Kathfyn Cuvelier,Town Clerk
APPROVED AS TO FORM:
L A, ,. I A .44..446.016
Dana L. Dudley, Town Atto ey
PUBLISH: Daily Territorial
June 27, 28, July 1, 2, 2002
POSTED: June 25 - July 25, 2002
rg
\\OV PZD\PZi\OV0V9\1999\9-99-51\ORDINANCEHALLAQ.doc
4
Street Net / -----.......
incilll AIP Z37/
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Q Landbase(Parcels) 111 44 prisminssimonaso, iii
, 1i iik . 11111111/.. 1111111i 04
4,
- , - 4111t. "h. rAW
,,„r.„ =HALLAQ PROPERTY t-$
O
1, C-2 10 ACRES 0 0
2. R-6 5 ACRES ;0
3. R-6 15 ACRES e 0
18 UNITS PER ACRES
MAXIMUM PERMITTED
4. R1-10
i 0 0
16,000 SQUARE FEET
MINIMUM LOT SIZE;
CAN REDUCE TO $
CC 12,000 SQUARE FEET
BY LOT REDUCTION OPTION ` 46....111\...IN011111.111,110.11, 111._11.,.1..........►V..I\__ 11►111.11,41\..111011111,..1►..11..r,111.ftj
LAMBERT LANE
•`�"�� 1 1 I 1 i
i.-11
SCALE 1 :6,201 N
500 0 500 1,000 1,500
s.
FEET
http://www.maps.co,pima.az.us/mwfs/dotmap3.mwf Wednesday, May 12, 1999 12:42 PM
EXHIBIT B
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--- \,
Street Net I ,�
I . / 1 midi. \/
[—� Landbase (Parcels)
r i
_ a 1
SIP
i'/ _/--- , Jar ```
_,1 ,f------__
___ - -- 1p 1 ,0 ,r____„3
s ,\ ,...., / \ ,---.
_ _i_j r \
\ \
t .4.1 _11‘f 1
...66.mk-a —HALLAQPROPERTY t-+0 00
Er,..........,.....,
O.
1. C-2 10 ACRES > 0 0
01 0
2. R-6 5 ACRES $
ri f
3. R-6 15 ACRES i 10
S!
18 UNITS PER ACRE d 10
MAXIMUM PERMITTED
I! 0
4. R1-10 0 0 0
16,000 SQUARE FEET 0
MAXIMUM LOT SIZE; . 0
CAN REDUCE TO r 0
12,000 SQUARE FEET
Q t0
BY LOT REDUCTION OPTION _ 7�.1■►�.1,`�.` 1.11 11.1 .WW1 11' 1.1 W. �.1111..'a.:..�...►,�,1 __
-- —-__-_ -- _ _LAMBERT LANE__ --- --- - --
___,__ I \ I
N
SCALE 1 : 6,201
500 0 500 1,000 1,500
FEET
http://www.maps.co.pima.az.us/mwfs/dotmap3.mwf Wednesday, May 12, 1999 12:42 PM
EXHIBIT B
Pima
_ , 7_-N, ,, I J _ a ' I
Street NetARV
., c ----/— /
Landbase (Parcels) -,• _J- }* _ 1,\\
\`/ r\'‘,
\ - j / \ -.. --i
' 1 i / \ ,, \
11Iiiktr WNW'r
PRJPERTY0 0
���a HALLAQ �
n
x
o
r
1. C-2 10 ACRES a 0 0 0;
00 0
2. R-6 5 ACRES 01
�r
3. R-6 15 ACRES .�.f� '� '
18 UNITS PER ACRE tJ ''
MAXIMUM PERMITTED
0
4. R1-10 0 0 0
16,000 SQUARE FEET 0
MAXIMUM LOT SIZE; 0
CAN REDUCE TO 0
12,000 SQUARE FEETiSdBY LOT REDUCTION OPTION .1.11.11M 1111.11W NW*MIL'MIL.11k'MI I. ..111►11S.111111,..'Mk In&‘111.NW•WIlla.Illk NIL -MIL'I&In.MIL Mk�NO lk11WIEL,111:11■►111111.11111k j
LAMBERT LANE_
N
SCALE 1 : 6,201
1—.— 1--1 o.--i . ,
500 0 500 1,000 1,500
FEET
http://www.maps.co.pima.az.us/mwfs/dotmap3.mwf Wednesday, May 12, 1999 12:42 PM
EXHIBIT B
LOT Nza
AREA—
5tA<< ; FEET
30 8,054
29 7,370
28 7,370
27 6,820
26 6,820
25 7,480
24 8,603
23 9,234
22 9,710
20 8,693
19 8,950
18 9,317
Open Space
21 11,394
22 11,293
23 10,736
24 14,646
20 10,147
Open Space
24 10,928
25 12,780
27 11,565
28 12,713
29 12,546
32 12,376
33 11,746
34 12,801
Exam 1 f C
a '
,►uL-2a-19%6 21 r 17 FROM I.Y.a H. HALLAD TO 32BSi P.02
rcrttthte Ctcrk.
.413.oarb• of gpuperbtez" ov of Viina Countp, trIona
OWL, iif Ar{ ;t •
t ntuttg cif riut t
•
ifif Sipz , Slannux, e/e a j , anus/
ui c 1.4 /t%
J4;-
6,
d, /2 P/xcal %at• the Aauto>,'tl7. !rt a once,
• d
crOnfreated free,faet4/the. 1fru;natoi ez 9itee t 9I t%e P'ha'do/
$ e,ezu4o, on ae 2' t July 1.g--?�--,
gird eit ` vizograint wa1I-�z .
•
10. UY&L-z!_Co9-0'42, LAWY 1S TITLE OF ARIZONA PETITION
The. Chairman stated'this is the titr.a and the place legally advertised
for hearing on the petition. (Co9-?q-42) of Lawyers Title of Arizona to rezone
fro. SR to CB-1, TR, and CR-2 property at the northeast corner of the inter-
section of Lambert Lane and.La Cholla Boulevard. The Associate Planning Director
reported that the petition is in older and that the Planning and Zoning Con-
mission unanimously recommends thee the rezoning to CO-1, TR, and CR-2 be ap-
proved subject,to. . "(I) Recording an acceptable plat that vill provide for
any dr:inage problems as well as,the necessary rights-of-way; (2) A suitable
arrangement with the Pima County Department of Sanitation regarding. sanitary
facilities; and (3) Recordings covenant holding pima County harmless in the •
event of glooding."
•
The Chairman inquired whether anyone wished to be heard. Gerald B. Hirsch,
attorney representing the petitioners, stated requirements were acceptable to
their and that he was prepared to answer any questions 'which Might arise re-
garding the property. Mrs. Hazel Forbus, a property owner in the genera/ area,
protested the proposed changes. John W. Smith, who stated he represented owners
of adjacent property and has a pereanel interest, .expressed his opposition,
describing the proposed rezoning as a."catch-all" type of 'zoning which will
result in installation of trailers and trailer courts and will Change what is
basic-01ly "an area of amali suburban homes and ranchettes." 2Ir. Hirsch stated
the requested zoning *is fr accordance with development of the area and that
the owners have no intention of installing trailers or'nrobile hones. After
further discussion and on due consideration, it was moved by sir. Weaver, se-
conded by Mr. Uucphy, and carried chat the rezoning to CB-1, Tr, and Cf-2 by
approved subject to the Commissioim's recommendations and that the necessary
ordinance be drawn for presentation to the Board upon compliance with the re-
. quiresaents.
CLH1~?K'S NOTE. Copy to Lawyers Title of Arizona
-�- xltibrtft 'Stone' Avenue, 01
•
. Mr. Geralc B. Rirsch
Tucson Federal Tower Suite 1005
' 32 North Stone Ave., 01
8-2►14-70
ri 3itn WI p °1 f v:Y.� � d:;w is.e:n wawa a•sti , /ii• #eial
6, awed o/.l�jis,.rwo,d gf ghee Va_'1, 24th
Amu s t .._.l.9 70
•
________
TOTAL P.02
lit 24 '96 21:25
� M
ll � ACSIMIL TRANSMISSION II
1 1nn
Date: `* / (J `1 '7
- For Approval
} e.,"—' 1 i - I Regarding our ConversationTo:ISIARA-,1 c---14--kA, CA1 r
—
As Requested
D \AA02.125 cq _ For Review and Comments
Fo
I)
r or Your Records
�� ^ Please Cali to Discuss
-. No Response Necessary
Original Will Follow by Mall
Paps: 'Original Will Not Follow
(IN CLU.iNG COVER)
-- —--
if Ce !! RIhrd
smati CB RICHARD ELLIS_ INC: li
II IIit 3901 EAST BROADYAY rL`D. uII
II it
ii
TUCSON,Az 85711-3499 ii
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FROM: M1CHAFI, K. CAd�MAN FAX V �_. (520) �/�/� w.� wi^^ �r�aa si A�LL-11\ 1 ���� J/ � J�������
SENIOR ASSOCJATE
VOICE�. (520) �A/� I.r � �#. 323-5110
n /-,, 1 I .P 61 \1 q/ r i r n_ iv/ I T=-Y1 A , , n n . . , „ ., i7V �� `U � �
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—' OfUGINAI TO_FILE
1. L D,�y.N RECE Er ALL PAGLS,TELEN:IONE CR IST NA BoijoA{020)323-5100
COUNTY ENGINEER ti‘ A, COuN ASSISTANT COUNTY ENGINEERS
D. A. DI Cicco, P. E. fe‘ E S 1'k
ALLISON C. DOW P. E.
nt"
JAMES E. RILEY, P. E.
1 0
' OF AR‘'
OFFICE OF THE COUNTY ENGINEER
1313 SO. MISSION ROAD
TUCSON, ARIZONA - 85713
June 17, 1970
Mr. John S. Tsaguris, Director
Pima County Planning & Zoning
Pima County Governmental Center
Tucson, Arizona Re: Lawyers Title-Lamber Lane
ReZoning
Co9-70-42
Dear Sir:
This area is crossed from north to south by two very large
washes and several smaller ones. As a result, development of
East-West streets might prove difficult, if not impossible. However,
this would best be determined, along with drainage requirements, during
the process of recording an acceptable plat. Therefore, rezoning of this
property should be subject to that requirement.
Very truly yours,
D. A. Di Cicco, P.E.
County Engineer
/,-
, --,
44.,,, ":4A
Jo n L. Delaney
6/Subdivision Engineer
JLD:mc
cc: Bd/Supr.
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Plik4
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'\
COUNTY PLANNING DEPARTMENT
ADMINISTRATION BUILDING
PIMA COUNTY GOVERNMENTAL CENTER
TUCSON, ARIZONA 85701
July 9, 1970
HONORABLE BOARD OF SUPERVISORS
Eleventh Floor, County Admin. Bldg.
Tucson, AZ 85701
SUBJECT: 6-70-42 LAWYERS TITLE - LAMBERT
LANE REZONING
Gentlemen:
Transmitted for your consideration on July 21, 1970, are reports, findings, and
recommendations of the Pima County Planning and Zoning Commission on:
Petition of Lawyers Title of Arizona to rezone from SR to CB-1,
. TR, and CR-2, the northeast corner intersection of Lambert Lane
and La Cholla Boulevard.
The Commission, on June 30, 1970, on motion
VOTED: To recommend to the Pima County Board of Supervisors that the rezoning
to CB-1, TR, and CR-2 be APPROVED, subject to:
(1) Recording an acceptable plat that will provide for any drainage
problems as well as the necessary rights-of-way;
(2) A suitable arrangement with the Pima County Department of Sanitation
regarding sanitary facilities; and
(3) Recording a covenant holding Pima County harmless in the event of
flooding.
Carried unanimously.
Respectfully submitted,
' P MA COUNTY P :ANNING AND ZONING COMMISSION
•
John S. Tsaguris
\Je)cecutive Secretary
ARG/rdb
Attachments
cc: Mr. D. A. DiCicco, County Engineer
Mr. William Ernst, County Right-of-Way Agent.
Mr. Robert N. Hillock, Special Counsel
Mr. Howard D. Watt, Legal Adviser
Lawyers Title of Arizona, 199 North Stone Avenue
Mr. Gerald B. Hirsch, Tucson Federal Tower Suite 1005, 32 North Stone Ave.
•
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94 OF TNL ZONING ORDINANCE AS PART Or
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LAMBERT LANE o
_..„,
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1, i''' -•_____ .------
_ —
MESA
VERDE SITE 19 N. P P 2 R • P I
C•P C013-60-29
C013-61-11 .. .
1
. . .
t • .,,.• •4•,,•-:,.. -
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„ CBI
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Notification area
BASE MAP NO. 217
_ ..
MASTER PLAN CONSIDERATIONS
.........____ • _ .. -
•
1 , , _..._.....
...... ......................,
PIMA COUNTY . 1)it1‘
A N 1-3`i' 4S T)N1'F., .578-7.0 FILE. . •
,,,---......—.
• C09-70- .
I : L AVIYERS__.:TITLE _.'.1-4PABgRT_...LANE_ ..' ..•-:
PLANNING DEPT, JLL
YUCS(IN AR 11()N A I ('-'111-.CKEI) 14\-
1
._ . ..... '' .
•
PIMA COUNTY PLANNING DEPARTMENT
STAFF REPORT TO PIMA COUNTY PLANNING AND ZONING COMMISSION
June 22, 1970
P/Z Public Hearing
RE: Co9-70-42 LAWYERS TITLE - LAMBERT LANE REZONING
Rezone from SR to CB-1, TR, and CR-2
LOCATION: Northeast corner of Lambert Lane and La Cholla Boulevard.
AREA OF PROPOSED CHANGE:
•
80 acres.
N O K T t-4
STATED REASON FOR REQUEST:
So plans can be made for
developing.
;)
MASTER PLAN TO CONSIDER:
Co13-61-11 Mesa Verde Community
Plan (southwest LAM&ART- LAPit
corner of Lambert
Lane and La Cholla
Boulevard)
Location Sketch
OTHER PLANNING CONSIDERATIONS:
Type of Development Allowed under Proposed Zoning
CB-1 is the basic local business zone intended to provide for the shopping
facilities needed by residential areas. Its application and intent have
been to provide convenient shopping areas for each neighborhood. Under
the zone, such uses as specifically named are permitted: Retail stores
and shops, service businesses, including gasoline service stations, research
facilities and restaurants. The zone accumulates the TR zone but discourages
residential use through a large lot-size requirement.
Transitional Zone (TR) was developed to provide a true buffer between
residential and commercial uses . The zone provides for residential uses at
twice the high density urban multiple unit residential density and allows
transient housing and accessory uses as well as trailer courts under specific
requirements. The zone accumulates CR-3, CR-4, and CR-S and further permits
professional and semi-professional offices as well as research facilities
under specific conditions. The zone discourages single family residential
use through a large minimum lot size requirement.
c
•
. 1
OTHER PLANNING CONSIDERATIONS: Re: Co9-70-42
Type of Development Allowed under Proposed Zoning (Continued)
CR-2 is intended to be a single family residential zone, a transition
from urban to suburban intensities . It accumulates the uses permitted
in CR-1 and lowers the lot size requirement thus doubling the density to
basically two houses per commercial acre.
General Character of Neighborhood at Present
This area is generally undeveloped and is typical rolling foothill
property.
Effect on Surrounding Properties
This would encourage further development along these same lines which
conforms to the plan for the area to the southwest.
Changing Conditions None.
•
COUNTY ENGINEER'S REPORT -
"This area is crossed from north to south by two very large washes and
several smaller ones. As a result, development of east-west streets
might prove difficult, if not impossible. However, this would best be
determined, along with drainage requirements, during the process of
recording an acceptable plat. Therefore, rezoning of this property
should be subject to that requirement."
COUNTY SANITATION DEPARTMENT REPORT
- "Sewers will be required if lots are developed into less than 42,560
square feet net area per residence."
STANDARD AND SPECIAL REQUIREMENTS TO CONSIDER:
(1) Recording an acceptable plat that will provide for any drainage problems
as well as any necessary rights-of-way;
(2) A suitable arrangement with the Pima County Department of Sanitation
regarding sanitary facilities; and
(3) Recording a covenant.holding Pima County harmless in the event of
flooding.
Alex R. Garcia
Associate County Planning Director
MFN/rdb
•
Ci0/ ii i J J J I r •.0 .JL UDaGJ 7iJ7 vuuu J J it.v ur
5tubbS & Schubart, P. C.
Attorneys and Counsellors at Law
340 N. Main Avenue
Tucson, Arizona 85701
stubb,leazetarnet.corn
Robert C. Stubbs
G. Lawrence Schubart'
I' O. 505.47
Thomas M. Parsons Tucson, Arizona$5703
Damian M. Fellows (520)623-5466
Fax(520)882-3909
August 31, 1999 -also acanied Pannarlvan.
SENT BY FAX TRANSMISSION ONLY
Bryant Nodine, AICP
Planning&Zoning Administrator
Town of Oro Valley
11000 N. La Canada Dr.
Oro Valley, AZ 85737-7016
Pe: Hallaq Properties-Public Hearing OV9-99-51
Dear Bryant:
The purpose of this letter is to apprise you of the status of our efforts on behalf of the Halllags, to
Present a joint request to the Mayor and Council to postpone the public hearing presently
enternber 1, ita p esentl� set for
1999,and to have reset for the first regularly scheduled meeting in October.
Pursuant to the directions nrnvided to Robert Stubbs and myself, we met with individuals
representingthe proposed Town of el ortolita. While the meetingcordial, those
was u�vSe individuals want to
emphasize that in meeting with us, they do not endorse any proposal we are planning to --,,
.. make, nor do
they concede that Town of Oro Valley has authority to make any decision pending a final judicial
resolution regarding their ability to incorporate as town
1
In regard to our efforts to find acceptable balance �. � ,
ind an between the rights and interests of the
Hallaqs and the interests of the individuals of e Canada Hills subdivision to the north, La ��P
rivacia,
we had a very fine meeting with Richard Tracy, President of that Association. Together we formulated
plan .
a which he needs to present to his Association members for their approval. If such ^lan is
approved, we can thereafter present a unified request to the Mayor and Council regardingthe iallaq
property. Unfortunately, the Association will not be meeting until after raid-September. Terefore, we
'ointly Tequest a postponement of the Mayor& Council meeting until the first week in October.
Thank you for your attention to this matter.
Very truly yours,
,TL B BS&SCHUBART, P. C.
b
GL...� o r: 1 of�-jor`o Schubart
Enclosure
cc. Mr. & Mrs. I. Hallaq
D. Volk
We hereby join in the request for a postponement of the public hearing until the first week in October
.omeowners As cleat. on
by/bl/l JTJ lb:4b n1bb�il.�yby blUbbb 5LI-1UtiAK I PAGE 02
Stubbs & Schubart P.
r C.
Attorneys and Counsellors at Law
340 N. Main Avenue
Tucson, Arizona 85701
5t11bb51Wazstarnet.corn
Robert C. Stubbs
G. Lawrence Schubart` • p. O. Box 50547
Thomas M. Parsons Tucson,Arizona 85703
Damian M. Fellows (520)623-5466
Fax(520)882-3909
August 31, 1999 u«saa Pennsylvania
SENT BY FAX TRANSMISSION ONLY
Bryant Nodine,AICP
Planning&Zoning Administrator
Town of Oro Valley
11000 N. La Canada Dr.
Oro Valley, AZ 85737-7016
Re: Hallaq Properties-Public Hearing OV9-99-51
Dear Bryant
The purpose of this letter is to apprise you of the status of our efforts
present a joint request to the Mayor and Council to postpone the public on behalf of the Hallaqs,to
Septemberp � P 1Jcc hearingpresently
p 1, 1999,and to have it reset for the first regularly scheduled meetingin October.
pp endy set for
ctober.
Pursuant to the directions provided to Robert Stubbs and myself, we met with
representing the proposed Town of Tortolita. Y � individuals
emphasize that in meeting While the meeting was cordial,those individuals want to
concede that ting with us, they do not endorse any proposal we are planningto make,nor
they Town of Oro Valley has authority to make any decision pending a �� judicial do
resolution regarding their ability to incorporate as town.
In regard to our efforts to find an acceptable balance between the rights
Hallaqs and the interests of the individuals of the Canada Hills subdivision to and interests of the
we had a veryfine withRichardaxon to the north, La Privada,
aplan a hhe meeting ,Tracy, President of that Association. Together we formulated
needs to present to his Association members for their approval. If such 'approved, we can thereafter present a unified request to the Mayor and Council plan 'q
Unfortunately, � q Y regarding the HalXa
property.. tunately,the Association will not be meetingg gg q
.jointly �until after mid-Se te�mber. Therefore,
request a postponement of the Mayor&Council meeting until the first week in October. we
Thank you for your attention to this matter..
Very truly yours,
TUBBS&SCHUBART, P. C.
Lcuuts4.444. 24,6)6‹
OLS/brntrth G. Lawrence Schubart
Enclosure
cc: Mr. &Mrs. I. Hallaq
D.Volk
We hereby join in the request for a postponement of the public hearing until the first week in x October.
Homeowners Association
Stubbs & Schubart, P. C.
Attorneys and Counsellors at Law
340 N. Main Avenue
Tucson, Arizona 85701
stubbsl@azstarnet.com
Robert C. Stubbs P. O. Box 50547
G. Lawrence Schubart* Tucson, Arizona 85703
Thomas M. Parsons (520)623-5466
Damian M. Fellows Fax(520)882-3909
August 2, 1999 ''also licensed in Pennsylvania
SENT BY FAX TRANSMISSION/1ST CLASS MAIL
Bryant Nodine, AICP
Planning & Zoning Administrator
Town of Oro Valley
11000 N. La Canada Dr.
Oro Valley, AZ 85737-7016
Re: Hallaq Properties - Public Hearin;; OV9-99-51
Dear Bryant:
The public hearing on the Translation Zoning for the Hallaq properties is
presently set as Item 12 on the August 4, 1999, Mayor & Council agenda. As a result of
recent meetings with council members, various requests have been made for g q us to meet
with third parties and to analyze certain development related issues. These tasks
cannot be completed by the time of the scheduled public hearing.
On behalf of the Hallaqs we request that this matter to continued to the
September agenda of the Mayor & Council. In speaking with v'p g y p t David Marsh last week, I
believe that hearin isong
September 1 1999. It is also myunderstandingh gtatthis
request will be granted although anyone whoa ears on August 4 might still be
provided an opportunity g ypp g g
to speak. Nevertheless, the Hallaqs can maketheir pq t eir
presentation at the continued date
e in September. If I do not understand this correctly,
please let me know at once.
Thank you for your attention to this matter.
Very truly yours,
TUBBS & SCHUBART, P. C.
1,064A)LAAWLQuo/DAZC
GLS/bmmh G. Lawrence Schubart
Enclosure
cc: Mr. & Mrs. I. Hallaq
D. Volk
hs k;ii., ,.,6_,
Stubbs & Schubart, P. C. MAY 2. , Mi
Attorneys and Counsellors at Law „_ ,a
340 N. Main Avenue
Tucson, Arizona 85701
stubbsl@azstarnet.com
Robert C. Stubbs P. O. Box 50547
G. Lawrence Schubart* Tucson, Arizona 85703
Thomas M. Parsons (520)623-5466
Damian M. Fellows Fax(520)882-3909
*also licensed in Pennsylvania
May 28, 1999
HAND DELIVERED
Bryant Nodine, Zoning Administrator
Town of Oro Valley
11000 N. La Canada Dr.
Oro Valley, AZ 85737-7016
Re: Hallaq Proposal for Translation Zoning
Dear Bryant:
I have included with this letter a number of copies of a memorandum prepared
by this law firm in support of the forthcoming hearings on the translation zoningfor the
Hallaq I am o optimistic that this proposal be viewed
1 will as a good faith effort
P P P
to balance individual property rights with issues raised by neighbors and objectives
sought by the Town of Oro Valley.
Thank you.
Very truly yours,
TUBBS &SCHUBART, P. C.
LCUJAAA .. 0544/00‘
G. Lawrence Schubart
GLS/bmmh
Enclosure
cc: Dan Dudley, Town Attorney
(With Enclosures)
LA PRIVADA ''"4" (199
•
•
Date: March 22n , 1999
Mr. Bryant Nodine, AICP
Planning &Zoning Commission
11 000 N. La.Canada Drive
Oro Valley, AZ 85737 • CHD&E-/98
Subject: TRANSLATIONAL ZONING of HALLAQ PROPERTY
Dear Mr. Nodine:
•
The Board of Directors of La Privada @ Canada Hills acknowledges receipt of the
March 9th, 1999 mailing regarding the translational zoning of the Hallaq property
immediately south of this community. The intent of this letter is to convey the sentiments
•and concerns shared by many, of-the residents of La Privada. As a community we- are
not opposed to growth and development*in this area. Our concerns, however, center
upon the potentially harmful.impact upon the property values t0 the properties nearest •
• this.parcel, should R-6 multi-family residential (apartments) be constructed there.
Apartments typically• are geared towards. lease or rental applications, bringing a
transience that creates further concerns, including increased traffic, noise and vandalism
to the highly valued Canada Hills Community Association area. Prized mountain or
city views would likely be lost, further de-valuing the appeal and marketability of those
homes. In short, it is difficult to .envision apartments that will serve to uphold ambient
market values of the single-family residences in this area.
This association is very concerned, should multi-family units be planned for this parcel,
that proper address of market considerations, an appropriate buffer zone area, design
aesthetics, traffic flow, noise and other issues be taken into account
Thank.you for your attention to this matter. If you should have any questions, or if I can
be of assistance, please do not hesitate to contact me at 544-4843. Our association
• - manager, Christopher Street @ Cadde.n Parfrey.Services can be reached at 297-0797,
or leave a detailed message on,his voice mail anytime at 408-8608.
For the Association,
. Mr. Richard Trac President
La Privada HOA ' cc: Mr. David Marsh
•
•
7355 North Oracle Road, Suite 110 ❖ Tucson, Arizona 85704 ❖ (520) 297-0797
O O�P�t"EY qR/
�
• o v TOWN OF ORO VALLEY
r COMMUNITY DEVELOPMENT DEPARTMENT
it IP • Building Safety • Parks and Recreation
I1 '
, i» • Planning and Zoning • Transit Services
4' A
AIL ,a;, �,. ,_.... --A PLANNING&ZONING DIVISION
A.
P it 11,000 N.La Canada Drive,Oro Valley AZ 85737
OVN D EO'g Phone: 797-9797 Fax: 742-1022
March 9th, 1999
David Valk
CBR Richard Ellis
Tucson,AZ
VIA FAX : (520)323-5156 let' rate-74
Subject: OV9-99-51 Hallaq Translational Zoning, from Pima County CB-1, CR-2,
and TR to Oro Valley C-1,R1-10,and R-6
Mr. Valk,
As per your request, attached are the sections of the Oro Valley Zoning Code Revised which
apply to the C-1, R 1-10, and R-6 zoning designations. The CB-1 designation would be
translated to C-1,the CR-2 to R 1-10,and the TR to R-6.
I have taken the liberty of scheduling a meeting between yourself and Bryant Nodine, the
Planning & Zoning Administrator, for Tuesday, March 16th at 11:00 AM at the Community
Development Building. Should you wish to reschedule this meeting, or have any questions
r ding this atter,please contact me at(520) 797-9797 ext. 311.
1.../1/1/4.--
D id Marsh
Planner I, Current Planning
\\OV PZD\PZ1\OV\OV9\1999\9-99-51\Valkrequest.doc in
Sec. 6-101
CHAPTER 6
SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS
ARTICLE 6-1. COMMON REGULATIONS OF R-1 DISTRICTS
Sec. 6-101 Purpose
The single family residential districts are intended to promote and preserve the residential development
of single family detached homes. Lot sizes vary by district to maintain different densities. The principal
land use is single family dwellings and uses incidental or accessory thereto.
Sec. 6-102 Use Regulations
•
A. Permitted Uses
Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected,
altered or enlarged only for the following uses:
1. Dwelling units, single family
2. Community residences shall be permitted provided that:
a. No such residence is located on a lot with a property line within 1,000 feet,
measured in a straight line in any direction, of the lot line of another such
community residence; and
b. Such residence contains no more than 6 residents, or 8 residents, including sta►f;
and
c. Such residence is registered with, and is approved by, the Planning and Zoning
• Director as to compliance with the standards of this section; and
d. Off-street parking is provided in accordance with Sec. 1 1-1 0=A. (Rev. 8-93)
3. Accessory buildings, private swimming pools, home occupations and other accessory
uses (see Article 13-1 for additional criteria).
4. Parks, playgrounds and community-owned buildings other than hospitals.
3. Private tennis courts and sports courts, provided that the court is not lighted and is
located within all yard setbacks and, further, that fencing around the court shall not
exceed 12 feet (Rev. 1 1/17/93).
Cro V]Iley Zoning Code Revised 6 - 1 (Rev.Z'9n
Sec. 6-102 COMMON REGULATIONS OF R-1 DISTRICTS
6. Temporary real estate sales office provided the following conditions are met:
a. The office shall be located within a model home built in accordance with the
zoning where such office is located.
b. Temporary real estate sales offices shall be permitted for a period not to exceed
2 years from the date of initial home sales.
c. At his discretion, the Zoning Administrator may grant extensions of time at :he
termination of the initial 2 year p.e.riod.
d. At his discretion, the Zoning Administrator may grant permission for a temporary
real estate sales office to be located in a portable structure. All such structures
must be approved by the Zoning Administrator prior to installation (see Sec. 2-
101, no. 73, for a definition of custom home subdivision).
✓. Antennas (including satellite dishes up to 1 meter in diameter), subject to requirements
set forth in Article 13-7.. Satellite dish antennas exceeding 1 meter in diameter shall
subject to ORB review and recommendation, and staff approval, per Sections 3-302 and
13-702.A.4.
3. Minor Communication Facilities, subject to requirements set forth in Sec. 13-703.3.
B. Uses Subiect to Conditional Use Permit
1. Community buildings and recreational ►aciiities not publicly owned, such as atn�e::c
fields and boys' clubs.
2. Lighted private tennis courts and sport courts (Rev. 1 1/93).
3. Coif course (except miniature golf course or commercial driving range).
4. Farms and ranches (these are a permitted use in R1-144).
3. Model homes.
6. Major Communication Facilities, subject to requirements set forth in Sec. 9-117.
7. New utility poles and above ground wires.
Sec.. 6-103 Property Development Standards
The following property development standards shali apply to all land and buildings in singie-far ,*;
residential districts. Specific lot sizes, setbacks and criteria which vary among individual singie-famiiy
residential districts are identified in Article 6-2 through 6-8 (Rev. 11/93).
Cro Valley Zoning C;Ae Revise' 6 - 2 2..
74
1
COMMON REGULATIONS OF R-1 DISTRICTS Sec. 6-103
A. Lighting
1. The height of any light fixture or illumination shall not exceed 15 feet.
2. The provisions of Section 13-105 shall apply.
B. Walls and Fences
. The yard setback requirements shall not apply to walls or fences less than 4 feet 6 inches in height
when located in front yards, or less than 6 feet when located in side and rear yards (see Sec. 13-103
for special requirements regarding corner lots).
C. Swimming Pools •
. Swimming pools shall be screened from adjacent properties by a protective fence or permanent
structure not less than 6 feet in height, except that such height may be reduced to not less than 2.
feet in accordance with Sec. 3-109.
D. Access
All lots shall have vehicular access to a dedicated street unless a secondary means of permanen:
vehicular access has been approved.
Sec. 6-104 Off-Street Parking
The provisions of Chapter 11 shall apply.
Sec. 6-105 Signs
The provisions of Chapter 12 shall apply.
Sec. 6-106 Other Provisions
The requirements and exceptions of Chapter 13 snail apply.
•
_. Oro Valley Zoning Code Revised ;Rev 197
6 -2a
Sec.6-201
ARTICLE 6-2. R1-144 SINGLE FAMILY RESIDENTIAL DISTRICT
Sec. 6-201 Purpose
This district is intended.to promote and preserve suburban-rural single-family residential development. The
large lot size permits agricultural uses and promotes open space.
Sec. 6-202 Use Regulations
A. Permitted Uses
•
1. The provisions of Sec. 6-102 shall apply.
2. In addition to the uses permitted in Sec. 6-102, the following are permitted uses in the R'-
144 district:
a. Farms (see Definition no. 101)
b. Marketing of products raised on the premises. A stand of not more than 200 square
feet in area shall be cermited provided said stand is no closer than 10 feet to
street line and no c:cser than 20 feet to any other lot line.
B. Conditional Uses
1. Analogous uses per Sec. 5-20
2. Cemetery, including funeral chapel.
Sec. 6-203 Property Development Standards
The provisions of Sec. 6-103 shall apply. The following additional requirements shall apply in this district.
A. Minimum Lot Area- 144,000 square feet
B. Minimum Lot Width - 150 feet
C. - Density
1. There shall be a minimum of 4,000 square feet of lot area for each single-family dwellin`
2. Should more than 1 single-family dwelling be erected upon any 1 lot, the following provisions
shall apply:
a. An unobstructed access way for ingress/egress shall be provided for each dwelling.
Oro Valley Zoning Code Revised (Rev.6,9S1
•
6 -3
R1-10 SINGLE FAMILY RESIDENTIAL DISTRICT
Article 6-7. R1-10 Single-Family Residential District
Sec. 6-701 Purpose
This district provides for medium density detached single family residential development.
Sec. 6-702 Use Regulations
A. Permitted Uses
Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected,
altered or enlarged only for the following uses:
1. Dwelling units, single family
2. Accessory buildings,
ui dings,private swimming.pools, home occupations and other accessory uses
(see Article 13-1 for additional criteria).
3. Parks, playgrounds and community--owned buildings other than hospitals.
4. Temporary real estate sales office provides the following conditions are met:
a. The office shall be located within a model home built in accordance with the
zoning where such office is Tecate .
b. Temporary real estate sales offices shall be permitted for a period not to exceed
2 veers from the date of initial home sales.
c. At his discretion, the Planning and Zoning Director may grant extensions of time
at the termination of the initial 2 year period.
B. Uses Subject to Conditional Use Permit
1. Community buildings and recreational facilities not publicly owned, such as athletic
fields.
t
2. ► odel homes.
3. Analogous uses per Sec. 3-201 C.
Cro valley.ntng Cxe Revtsea 0 - 7 ..Rev.1/9;;
R1-10 SINGLE FAMILY RESIDENTIAL DISTRICT
Sec. 6-703 Property Deve!ooment Standards
The provisions of sec. 6-103 Shall apply. The following additional requi-;ecRents shall apply in this
district.
A. Minimum lot area - 10,000 square feet.
B. Minimum lot width
1. 80 Feet
2. Cul-de-sac lots: minimum lot width shall be measured at the front lot line or the building
setback line, whichever width is greater. Street frontage for cul-de-sac lots shall meet the
minimum requirements of Oro Valley.
3. "Flag" lots: the driveway, or "pole," portion of any flag lot shall be excluded from
minimum lot width measurement, using the flag portion of the lot to satisfy minimum lc:
width requirements.
C. Maximum density`✓ - a minimum of 1^,CC0 square feet per dwelling unit and a maximum of one
dwelling per lot.
D. Building height- not to exceed 2 stories and 25 feet.
E. Yard setbacks
1. Front: 25 feet
2. Side : 10 feet
3. Rear : 25 feet
4. For multiple frontage lots, a minimum 20 foot yard setback must be maintained adjacent
to any public or private street. The Town Engineer and Planning and Zoning Dire or
may approve reduced side yards.
S. For "flag' lots, the driveway, or 'pole," portion cf the lot shall not be used to satisfy front
yard setback requirements. The front yard shall be measured within the area of the "flag'
portion of the lot closest to any public or private street.
F. Detached accessory buildinas
1. Permitted coverage: 1370 of total area of rear and side yard.
2. Minimum distance to main building: 10 feet.
3. Accessory buildings shall not exceed the height of the main building nor be any closer
to the front lot line than the main building.
Oro Valley Zoning Cxe Reviser 6 - 13
R-6 MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 7-501
ARTICLE 7-5 R-6 MULTI-FAMILY RESIDENTIAL DISTRICT
Sec.7-501 Purpose
This district is intended to support multi-family residential development, to accommodate an increased
density of population and to provide recreational and aesthetic amenities which enhance the residential
character of a multi-family project and produce a high quality environment.
This district also furnishes employment opportunities, by providing for business and professional office
complexes on a residential scale, with low silhouettes, a variety of separate building masses and
landscaped open space, to be compatible with surrounding residential uses.
Sec.7-502 Approvals Required
A development plan and/or preliminary and final piats shall be submitted in accordance with Chapter 4. as
applicable. No structure or building shall be built or remodeled upon land in the District un::i
• V 1
development plan and/or preliminary and finai piat approval has been obtained as outlined in Chapter
and, further, the Development Review Board ancicr Town Council approval of a native p:ant saivcoe plan.
landscaping, architecture, a recreation area plan. signs, etc. as applicable must be obtained as cLt:inec :r,
Article 3-3, 14-1, 14-2 and this Article.
Sec. 7-503 Use Regulations
A. Permitted Uses
Buildings, structures or premises snal be used and buildings and structures sna:i hereafter ..e
erected, altered or enlarged only for the following uses:
1.
Dwellings, multi-family, in accordance with the development standards set forth .n Sec. -
504.
2. Dwellings, multi-family ancicr single-family detached. in accordance with :he
development standards se:forth in Sec. 7-104.
3. Mature Adult Retirement Quarters (See c 9-105A and D for spoon c-ve..cp , er.:
♦ 1 1 Quarters v..... Sec. C..IIiV uC ....rLr^
standards).
4. Accessory buildings, swimm:nc pools. private and semi-public, home occupations aro
other accessory uses (see Ar; :e 1 1 nor additional criteria.
5. Business and professional Scriices.
a. Business and professional offices in which merchandise, wares or:cods are no:
created, displayed, sc:d or exchanged.
b. Medical or dental offices including laboratories.
Orn Valley Zoning Code Revised !Rev._n
- 15
Sec. 7-503 R-6 MULTI-FAMILY RESIDENTIAL DISTRICT
c. Studio for professional work or teaching of any form of commercial or fine arts
such as photography. music, drama or dance.
6. Temporary real estate sales office provided the following conditions are met:
a. The office shall be located within a model home built in accordance with the
zoning where such once is located.
b. Temporary real estate sales offices shall be permitted for a period not to exceed
2 years from the date of initial home sales.
c. At his discretion, the Zoning Administrator may grant extensions of time at the
termination of the initia 2 year per:col.
d. At his discretion, the Zoning Administrator may grant permission for a temporarf
real estate sales office to ce located in a portable structure. All such str Luc:ures
must be approved by :..e Zcninc Administrator prior to installation (See Sec. 2-
101, for a definition of Custom Home Subdivision).
7. Antennas (including satellite cisnes up tc 1 meter in diameter), subject to requirements
set forth in Article 13-7. Sato...:e dish antenna exceeding_ 1 meter in diameter srail be
subject to ORB review and eccnnmenca::Cn. and acoreval per Se_..cn 02 :
13-7 02.A.4.
8. Minor Communication Faciiit:es. subject to requirements set forth in Sec. 12-7 03.E.
B. Uses Subiect to Conditional Use Permit
1. Community buildings er recrea::cnai fields not publicly owned.
2. Day Nursery or preschool (see Sec. 9-104 for criteria).
3. Public swimming pools, tennis courts or sport courts.
4. Public buildings other than ncsp:tais.
5. Rehabilitative CareFacility (See Sec. 9-105B and D for specific develocment standards
6. Skilled Nursing Care Faciiir; (See Sec. 9-105C and D for spec:fo deve:cpmer:
standards).
7. Model homes.
8. Boarding house or locking house arc short-term rental properties. subject o :. a
definition set forth in Sec. 2-1 .
9. Parks, playground and commun;n: owned buildings.
10. Major Communication Facilit:es. subject to requirements set forth in Sec. = 17
11. Analogous uses per Sec. 5 C.
12. New utility poles and above ground wires.
13. Art Galleries (see Sec. 9-120 for specific development standards).
Oro Vailev Zoning Code Revised (Rev.:..931
7 - 16
R-6 MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 7-304
Sec. 7-504 Property Development Standards
The following property development standards snail apply to all land and buildings in the R-6
District.
A. Minimum Property Standards
Any property for which R-6 zoning is requested shall contain a minimum of 5 acres, if the
proposed use is residential, or 1 acre for business and professional offices or other
permitted or conditional use.
B. Ooen Space Recuirements
Development of all R-6 zoned procerty shall provide a minimum of 35% of the net lot
area as open space in the following proportions:
1. Each lot shall contain a minimum of ttivo hundred fifty (250) square feet of usable
outdoor living space for each dwelling unit, exclusive of front yards.
?. Not less than fifty (50) percent of said required space shall be provided in a single
common area, with a minimum dimension of twenty (20) feet at any point.
a. Portions of yards (excluding the front yards) which are contiguous with
and an integral part of the outdoor living space may be included in
calculating the area and minimum dimensions of such space.
b. Pools and paved recreation areas may be developed in :~e required
common space.
3. A private outdoor living space shall be provided adjoining each dwelling unit
equal to a minimum of 20% of the gross size of the dwelling unit, except that
dwelling units above the first story shall provide such space equal to a minimum
of 10% of the gross size of the dwelling unit. Outdoor living space on ground
level may be included in the ocen space requirement.
4. a shall be reasonably
ceG ib t dwelling g units c r, eed
Outdoor living areas ►,ail ..asphalt;� accessible o Cave lines units e � �.
5. Driveways and landscaping within driveway areas shall not be included in
calculations of outdoor space.
6. The remainder of the required open space shall be provided in landscaped or
natural open space.
C. Density
The minimum gross land area per dwelling unit shall be 3,500 square feet. EXCEPT that:
Oro Valley Zoning Cade Revised 7 - 17 CRei.:r97)
Sec. 7-504 R-6 MULTI-FAMILY RESIDENTIAL DISTRICT
The minimum gross land area per dwelling unit may be,increased if it is determined by
the Development Review Board or the Town Council that conditions peculiar to the site
preclude such density.
D. Building Height
1. No building shall exceed 2 stories in height with a maximum exterior height of
25 feet.
2. if the R-6 development abuts an R1-144, R 1-43, R1-36, or R1-20 single-family
residential district the building height shall be limited to single story with
maximum exterior height of 18 feet within 100 feet of these districts.
3. if the R-6 development abuts an R1-10, R1-7, R-4, R-S, R-4R, or another R-6
residential district, building height may be limited to single story, with
maximum exterior building height of 18 feet, within 50 feet, if deemed
appropriate by the Development Review Board or Town Council.
Distance Between Buiidinas
For all R-6 developments, the distance between two main buildings or a main building
and an accessory building shall be as follows:
a. between two single story structures 10 feet
b. between a single story and a two-story structure 15 feet
c. between two, two-story structures 20 feet
F. Landscaoina
That part of a lot not required for buildings, structures, loading and vehicular access ways,
streets, parking and utility areas, pedestrian walks and hard-surfaced activity areas snail be
landscaped in accordance with Article 14--2, Landscape, Irrigation and Buffer Yard
Requirements, and, as applicable, Article 1 1-►, Off-Street Parking.
G. Yards and setbacks
For all buildings and accessory structures, setbacks shall be as follows (for exception,
based on building height, see Sec. 7-504D):
1. Front: 30 feet
2. Side: 20 feet
3. Rear: 20 feet
H. Wails. Fences and Required Screening
1. Walls and fences not to exceed 6 feet in height shall be permitted on the
Oro valley Zoning code Revsed 7 - 13 ;Rem_:.9-
�--- � R-6 MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 7-504
property line except within the required front setback, where wall height is limited
to 3 feet, unless otherwise approved by the Development Review Hoard.
2. Parking areas, mechanical structures and appurtenances, stqtazza..and refuse areas
shall be screened according to the requirements of Set. 13-40-4 as approved by
the Development Review Board.
3. Swimming pools shall be screened from adjacent properties by a protective fence
or permanent structure not :ess than 6 feet in height. The swimming pool shall
be protected by a protective enciosura.which shall be controlled by the use of
self-closing gates with self-latching devices.
4. All areas between a building and a street frontage except for access drives and
walks shall be open space. Where parking occurs ben,veen a building and the
street, an area 33 feet in depth between the street and parking shall be ;maintained
in a landscaped setting. This depth may be decreased to a minimum of 20 feet
special circumstanceswarrant approval by use permit or Deveiccment Review
Board approval, such circumstances being:
a. depressed parking
b. wall and berming
Access
All lots shall have fr and
haveaccessec treat unless
onia�,. on, n�.0 �aGv.. vehicular from, a cep;cat .. :,.�,_.
a secondary means of permanent yenicie access has been approve by the 2eveiopment
Review Board.
Recreational Facilities
1. Wherever there is constructed on a lot, or contiguous lots, muitice dwellings
which have fifty(50) or more dwelling units, an active outdoor recreational facility
shall be provided for the occupants of said units. In addition to the acive outdoor
recreation area, an indccr recreational facility shall also be prcviced for the
Occupants or said aweiling Units. ;he recreational faciiiry may be used as the
leasing, sales, managers office, but that use may not exceed thirty percent of
the gross .floor area. The aiance of the facilities shad include group meeting
facilities and facilities for exercise, table sports and games.
2. Wherever there is constructed, a multiple dwelling which has ~wen •_ ) ormore
dwelling units, there shall be provided on the lot site of said multiple dwellings,
a play are for children. Said play area shall be separated from any private access
ways and public streets by a fence or wall. The tot lot requirement may Ice
excluded from a senior citizens development.
Ciro Valley Zoning abe,Revised 7 - 19 :Rev.:971 -�
Sec. 7-505 R-6 MULTI-FAMILY RESIDENTIAL DISTRICT
Sec. 7-505 Off-Street Parking
,
The provisions of Chapter 11 shall apply.
Sec. 7-506 Signs
The provisions of Chapter 12 shall apply.
Sec. 7-507 General Provisions
The provisions of Chapter 13 shall apply.
Oro Valley Zoning Code Red /' - 20 (Rev.:,71
C-i COMMERCIAL DISTRICT Sec. 8-201
ARTICLE 8-2. C-i COMMERCIAL DISTRICT
Sec. 8-201 Purpose
This district is intended to permit commercial activities designed to serve the community. This distrct
includes uses usually associated with the central business district and shopping facilities which are no:
ordinarily compatible with residential development.
Sec. 8-202 Approvals Required
A Development Plan shall be submitted in accordance with Article 4-3. No structure or building shall
built or remodeled upon land in the C-1 District until development plan approval has been cctainec
outlined in Article 4-5 hereof and, further, :he Development Review Board approval of lancscap
architecture, signs, etc. as applicable must be obtained as outlined in Article 3-3 hereof.
Sec. 8-203 Use Regulations
A. Permitted Uses
Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, at_r_,:i
or enlarged only for the following uses:
Business and professional services.
a. Business and professional offices
b. Business schools
c. Hospital for animals including boarding and lodging, provided that there are no
kennels maintained, and provided ail activities will be conducted in soundproof builcHa_
d. Medical or dental offices inducing laboratory/
e. Museum
f. Optician
g. Parks, playgrounds and community buildings other than hospitals
h. School, private, operated as a commercial enterprise
i. Studio for professional work or teaching of any form of commercial or fine arts
?. Residential.
a. Dwellings integrated within a commercial establishment shall be limited to 1 dwe:i7.7.g
unit for each business establishment provided there is a minimum floor area of 520
square feet for each dwelling unit.
Oco Valley Zoning Code Revisev a - 4 .cite,297 -'
Sec. 8-203 C-1 COMMERCIAL DISTRICT
b. Mature Adult Retirement Quarters (See Sec. 9-105A and D for specific development
criteria).
c. Rehabilitative Care Facility (See Sec. 9-105B and D for specific development standards).
d. Skilled Nursing Care Facility(See Sec. 9-105C and D for specific development standards).
3. Retail sales.
a. Antique store
b. Appliance store
c. Art gallery
d. Automobile parts store
•e. Bakery
f. Bicycle store
Book store, excluding adult book store
h. Camera store
i. Candy store
j. Carpet and floor covering store
k. Clothing store
1. Craft shop conducted in conjunction with retail business which may include ceram:cs.
mosaics, fabrics, jewelry, leather goods, silk screening, dress designing, sculpturing end
wood carving •
m. Delicatessen
n. Department store
. o. Drug store
p. Electronic equipment store
q. Fabric store
r. Florist
s. Furniture store
t. Gift shop
u. Grocery store or supermarket within a shopping center
v. Gun shop
w. Hardware store
x. Hobby or toy store
y. Home improvement store
z. Ice cream store
aa. Import store
bb. Music store
cc. Pet shop
dd. Restaurants, not including sale of alcoholic beverages or drive-in or drive-through
ee. Sporting goods store
•
ff. Stationery store
gg. Swimming pool supply store
hh. Variety store
Oro V y kq Zoning Code Revised 8 - 3
C-1 COMMERCIAL DISTRICT Sec.8-203
4. Services
a. Appliance repair
b. Barber or beauty shop
c. Broadcasting station and studio, radio or television, excluding transmitting, receiving,
telecommunications or cellular telephone towers
d. Clothes cleaning agencies and laundromats, excluding industrial cleaning and dyeing plants.
e. Photograph studio
f. Post office
•
g. Printing, lithography, publishing or photostating establishment
h. Private clubs not including alcoholic beverages
Shoe repair
j. Telephone answering service
5. Other uses.
a. Accessory buildings.
6. Antennas (including satellite dishes up to 1 meter in diameter), subject to requirements set fcrt in
Article 13-7. Satellite dish antenna exceeding 1 meter in diameter shall be subject to DRB rev'ew
and recommendation, and staff approval per Section 3-302 and 13-702.A.4.
7. Minor Communication Facilities, subject to requirements set forth in Sec. 13-703.B.
B. Uses Subject to Conditional Use Permit
1. Day nursery or preschool (see Sec. 9-1 04 for criteria).
2. Dwelling units according to development standards of Sec. 7-104.
• 3. Health studio.
4. Restaurant including entertainment and sale of alcoholic beverages.
5. Theater, excluding adult movies.
6. Utilities and utility poles, related buildings, structures and appurtenances thereto, either pubiiciy r
privately owned.
7. Banks and financial institutions (See Sec. 9-102 For criteria).
•8. Convenience Uses (See definition in Chapter 2 and Sec. 9-110 for criteria).
9. Police stations and publicly or privately owned fire stations and emergency rescue fac:;iss.
including vehicular storage areas and housing for personnel (see Sec. 9-107 for criteria).
10. Churches (see Sec. 9-114 for criteria)
11. Major Communication Facilities, subject to requirements set forth in Sec. 9-11 7.
12. Car Washes (see Sec. 9-112 and 9-113 for criteria)
13. Car Rental Establishments (see Sec. 9-119 for criteria)
14. Funeral chapel
15. Analogous uses per Sec. 5-201C
Oro Valley Zoning Code Revised (Res6.93)
8 -6
Sec. 8-204 C-1 COMMERCIAL DISTRICT
Sec. 8-204 Property Development Standards
The following property development standards shall apply to all land and buildings in the C-1 District.
A. Minimum Property Size •
,Not applicable in this district
B. Open Space Requirement and Areallolume Ratios
1. In no case shall the open space requirement be less than 15% of the net lot area for 1 foot to 12
feet of building height, plus 0.4% of the net lot for each foot of height above 12 feet.
2. The gross floor area of a structure shall not exceed the amount equal to .25 multiplied by the net lot
area in square feet and the volume of any structure shall not exceed the product of the net lot area
in square feet multiplied by 2.5.
C. Density
Dwelling units physically integrated within commercial establishments limited to 1 dwelling unit fcr each
business establishment.
D. Building Height
•
No building shall exceed 2 stories in height and the exterior height shall not exceed 25 feet. . -
E. Distance Between Buildings
There shall be not less than 10 feet between an accessory building and a main building or between 2 main
'buildings.
F. Landscaping
Those parts of a lot not required for buildings, structures, loading and vehicular access ways, streets,
parking and utility areas, pedestrian walks and hard-surfaced activity areas shall be landscaped. The
desert in its natural state may be used and may be enhanced with indigenous drought-tolerant plants.
Landscaping shall be as specified in Article 13--4 and shall be approved by the Development Review
Board and Town Council.
G. Yards and Setbacks
1. Front yard.
a. No front yard is required except as listed in the following 3 paragraphs unless adjacent to a
residential district, in which event, the front yard regulations of the residential district snail
apply.
Oro Valley Zoning Code Revised R,` 6,981
8 -7
C-1 COMMERCIAL DISTRICT Sec. 8-'204
b. A minimum of 1/2 of the open space requirements shall be incorporated as frontage open
space to provide a setting for the building and a streetscape containing a variety of
spaces. In no case, shall the building be permitted closer than 20 feet to the front lot
line.
c. All areas between a building and a street frontage, except for access drives and walks,
shall be open space. Where parking occurs between a building and the street, an area
35 feet in depth between the street and parking shall be maintained in a landscaped
setting. This depth may be decreased to a minimum of 20 feet if special circumstances
warrant approval by use permit or Development Review Board approval, _Len
circumstances being:
(1) Depressed parking
(2) Wall and berming
d. There shall be a landscaped area a minimum of 20 feet in depth between any par In
area not described in sub-section C 1 of this section and any street frontage. All a i^ 1t:ng
.r
areas snail be screened from all abutting streets as provided in Article 13-4.
2. Side and rear yard.
a. A yard of not less than Sc feet shallbe maintained
_~ where :he lot abuts a single -a.:...,�
residential district or abuts an alley which is adjacent to the single family resicentiai
district.
D. A yard of not less than 23 feet snail be maintained where the lot abuts a multiple
residential Clstr ic: or abuts an alley which :s adjacent to the single family resicen.::a
district.
H. Walls, Fences and Reouired Screening
All operations and storage snail be conducted within a completely enclosed building or ,wit-.:n
an area contained by a wall or fence as determined by Development +Review Board abcrovai
or use permit.
?. There shall be a 6 foot high masenry wail or approved landscape screen on the rear and
property fines that are adjacent to any muiti-ramiiv residential district. The butter L.escr'%=_
sub-section 3 below may be used.
3. Wherever a C-1 District abuts an R-1 District, a landscape screen a minimum of 30 feet '.vice
or a comparable natural desert purer snail be provided and maintained on the abutting let
Such buffer shall provide a closed barrier between the C-1 and R-1 developments are :n.e
Development Review Board may reouire a wail in addition to the landscape buffer in crcer :o
earn out :he intent of this sub-section.
Oro Valley Zoning code Revised 3 - 8 _c n
Sec. 8-205 C-1 COMMERCIAL DISTRICT
Sec. 8-205 Off-Street Parking
The provisions of Chapter 11 apply.
Sec. 8-206 Signs
The provisions of Chapter 12 shall apply.
Sec. 8-207 General Provisions
The provisions of Chapter 13 shall apply.
OM v,itey Zoning Cooe R 8 - 8 a ,►.:97)
Z i'- A?
�o 04 TOWN OF ORO VALLEY
COMMUNITY DEVELOPMENT DEPARTMENT
• Building Safety • Parks and Recreation
• Planning and Zoning • Transit Services
PLANNING&ZONING DIVISION
PO 1g1� 11,000 N. La Canada Drive,Oro Valley AZ 85737
UN D ED Phone: 797-9797 Fax. 742-1022
March 9th, 1999
Subject: OV9-99-51 Hallaq Property, Translational Zoning from Pima County
CB-1, CR-2 and TR to Oro Valley C-1, R1-10 and R-6 — Neighborhood
Meeting
Dear Oro Valley Citizen,
In our continuing effort to keep the public informed and involved in the planning and
development of our town,we wish to invite you to a meeting to be held between the owners of
the Hallaq property , the neighboring property owners, and members of the Oro Valley
Planning & Zoning Staff. This opportunity will allow you to express your views and / or
concerns over the translational zoning for this property. The translational zoning for this
property will be as follows:
• 10 acres of County CB-1 Commercial to Oro Valley C-1 Commercial
• 20 acres of County TR to Oro Valley R-6 Multifamily Residential(apartments)
• 50 acres of County CR-2 to Oro Valley R1-10 Single Family Residential (10,000
square foot lots)
The meeting will be held Monday, March 22nd, 1999 at 7:00 pm in the Town Council
Chambers, Oro Valley Town Hall, located at 11,000 North La Canada Drive. Should you
have any questions regarding this meeting,or the translational zoning of the Hallaq property in
general, please contact the planner responsible for this case, David Marsh, at (520) 797-9797
ext. 311.
Sincer= y,
Bry. � .dine,AICP
Plannin_ &Zoning Administrator
Attachment:
Location Map(see over)
\\OV PZD\PZ1\OV\OV9\1999\9-99-51\neighbormtg.Itr.doc 1/1
Translational Zoning for the Hallaq Property: County CB-1 , TR, and CR-2
to Oro Valley C-I , R-6, and RI-I 0
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_ CR-1 to R1-20 o SR to R1-144
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0 1000 2000 3000 4000 Feet + 3/9/99
c '••. .,
PIMA COUNTY PLANNING DEPARTMENT
STAFF REPORT TO PIMA COUNTY PLANNING AND ZONING COMMISSION
..',' - ,L
(Date staff report prepared)
(CENTER) RE: Co9-10. 4 z 4.- :. L .:: ,:s. : ...,,-, ,.,• i,e - :Af, ., , Z ,diee-
. _ . _ . ... .... _ . _ _ . _
(Name ot ezoning
(CENTER) (Rezone from
g- ) L. to CR -1' TA? , eilLZ___..
LOCATION: ----
,.-
. .
. .
Preliminary- Report / 7 P/Z Public Hearing A7B/S Public Hearing / /
:-_ _:.. ._
AREA OF PROPOSED CHANGE: ___ _ i
STATED REASON FOR REQUEST:
,,-,
,%, _ 4/
<--: v'-fldid — 2:14? Dia44 iv4-7-.
MASTER PLAN(S) TO CONSIDER LOCATION SKETCH
Co13-6/-// 27aate ae4de 4 44
,, .„,, ,,,„,,,,, - _:-....--, ...t.,...., .--,
Co13- 4440-0, 11 iitiree. 064,pioe.
(Neighborhood Plan)
Co7-
--CG-e-nerai EiriEriFe7s PTan)
1
,ar4,,I.HE:11PtLANNhe basic local
Type of Development Allowed under Proposed Zonin2
: ::11jItiotipersonviedeededconbvyenrieesnitdenshtoipaplinazgrole°aar's
f
intended to provide for the shopping.:
areas ,=1-7:application I -----
thp zone, such uses as specifically named are. permitted: Retail stores
and 'shops, service businesses, including gasoline service stations, research
facilities and restaurants. The zone accumulates the .TR zone but discourages -
residential use through a large lot-size requirement, .
•
', Transitional Zone (TR) was .develo—pedt-twto joelpi trahosve7agihiaerdtiruio:uirttlyDsuufunteDdraenbrivEllruernseiiqtdEset.iimdalen and commercial uses.
1r ''' Ttirhat
en fi eo nn te hpor ou vs ii dn eg s af no dr r ae cs ci deesnstoi ar yl uusseess
CR-3, CR-4 an aas we.
d CR-5 and further permits p .
'fic conditions. The zone discourages sing
rofessional and semi-professio eral density and allowsnal offices as well as re.sea
t The zone acinciumum- k,
le family residential use through a large m mu \
- facilities under speci
lot size requirement.
CR-2 is intended to be a single family resids ential zone, a.transituioirnemfreonmt uthrubsandtooubsulinbgurtbhaen dinetnesnitsyitit7.bldtIcyic
mulaf - -uses permitted in CR-1 and lowers the lot size req
2 houses per commercial acre.
'
OTHER, PIJ��JING Re: Co9-
General. Character o�
-
dw
F___lztl�e_
E±iect cz
_
rd-
�. ScbooIs
b. Othe-w
_ 2 -
pp.r`
Ir.
COUNTY ENGINEER'S REPORT Re: Cog-
, This area is crossed from north to south by two very large
washes and several smaller ones. As a result, development of
East--West streets might prove difficult, if not impossible. However,
this would best be determined, along with drainage requirements, during
the process of recording an acceptable plat. Therefore, rezoning of this
property should be subject to that requirement.
sewers will be required if lots are developed ,,,,,,,,,
into less than 42,560 sq. ft. net area per
residence.
STATE HIGHWAY DEPARTMENT
STANDARD AND SPECIAL REQUIREMENTS TO CONSIDER:
(1) Vt,
t f r ai. ':(a. .^Y ;,✓ ... ,.'isP ,re",/ ..'+�`,d ,i» ,'.o N,,,.. .r� _} r-'.- �+"., - 4 s
(3)
(4)
(5) A suitable arrangement with the Pima County Department of Sanitation
regarding sanitary facilities:
(6) Recording a covenant holding Pima County harmless in event of flooding
ARG/MFN/amb Alex R. Garcia
Associate County Planning Director
- 3 -
PHONE 792-8131 ‘..A p1/4 COUN
,Q\
, 7 1
)
S7. \iiitoe=
-17- -- 1,0
Z OF P1/4R\
DEPARTMENT OF SANITATION
PIMA COUNTY GOVERNMENTAL CENTER
TUCSON. ARIZONA 85701
May 22, 1970
Pima County Planning Department
Pima County Governmental Center
Tucson, Arizona 85701
Subject: Co 9-70-42
Lawyers Title - Lambert Lane
Gentlemen:
In answer to your request regarding availability of sewerage
facilities for the subject area, the following information
should be given consideration:
Sewers will be required if lots are developed
into less than 42,560 sq. ft. net area per
residence.
If we may be of any service, please do not hesitate to
contact this office.
Yours very truly,
PIMA COUNTY, ARIZONA
DEPARTMENT OF SANITATION
/4
Robert W. Hitchcock
Engineering Department
RWH:eb
F --"Zz•-•.„._
$ I:-
cc: Department of Sanitation Engineer
3.\_.
- MAY 2 5
; \\
ikal4
"A
A'N ,
Stubbs & Schubart, P. C.
Attorneys and Counsellors at Law
340 N. Main Avenue
Tucson, Arizona 85701
stubbsl@azstarnet.corn
Robert C. Stubbs P. O. Box 50547
G. Lawrence Schubart* Tucson, Arizona 85703
Thomas M. Parsons (520)623-5466
Damian M. Fellows Fax(520)882-3909
*also licensed in Pennsylvania
March 31, 1999
HAND DELIVERED
Valerie B. Feuer, Senior Planner
Town of Oro Valley
11000 North La Canada Drive
Oro Valley, AZ 85737
Re: Dr. and Mrs. Hallaq-Oro Valley Translation Zoning
Dear Valerie:
When we met on March 18, 1999, together with Mrs. Hallaq and Mike Chapman
and David Volk, the real estate licensees with CB Richard Ellis, Inc., we discussed in
general terms the procedure for translating the existing Pima County zoning to the
Town of Oro Valley zoning classifications. I have enclosed a copy of the relevant
portions of the current Pima County Zoning Code which identify the allowed uses.
(Attachment 1)
As background, Dr. and Mrs. Hallaq have owned their 80-acre parcel of property
for more than 0 years. Since 1970 the property has been zoned CB-1, TR, and CR-
The entire parcel was rezoned at one timepto
show that the commercial area (CB-1)
would be buffered by the transitional (TR) uses, and then there were the ancillary
residential areas. The various conditions which were imposed on the Hallaqs were met
prior to the adoption of the current zoning designations. The development north of the
Hallaq property occurred subsequent to the adoption of this plan.
Based upon the efforts undertaken to obtain the existing Pima County zoning,
the economics of reasonable development expectations, and the fact that zoning is to be
applied in a uniform manner, I indicated to you that the mere zoningtranslation of
Pima CountyCB-1 to Oro ValleyC-1 and especially the translation
p y tion of Pima County TR
to Oro Valley R-6 were each so much more restrictive that it was unfair and possibly
inappropriate. I am familiar with a number of instances where similarly zoned
property was annexed by Oro Valley and provided more appropriate translation
zonings which were unanimously adopted by the Oro Valley Town Council. I have
now researched several of those cases and I am enclosing various documents which
support my comments and our current request.
• Valerie B. Feuer, Senic anner March 31, 1999 Page 2
Town of Oro Valley
Re: Dr. and Mrs. Hallaq-Oro Valley Translation Zoning
Regarding the CB-1 zoning, Oro Valley addressed an identical situation in 1994
when the Peninsula Annexation added an additional 4.5 square miles to the Town. The
Timan property, located along the south side of the CDO Wash, on the old First Avenue
alignment, was zoned CB-1. There was no pre-annexation or development agreement
that controlled the translation issues. During the hearings on the adoption of
translation zoning, Oro Valleyacknowledged that the translation from CB-1 to Oro
ValleyC-1 was not in fact th closest _o est equivalent zoning, but rather Oro ValleyC 2
included manyof the permitted uses in the -
Pima CountyCB 1 zone. I have included
the three-page staff report on this property (Attachment 2).
Thus, for Timan, an agreement was reached that Oro Valley C-2 zoning, with
restrictions, would be the translation. The restrictions involved the deletion of certain
uses which were felt to be inappropriate for the property. This precedent should apply
to the Hallaqs property. Their commercial area is buffered on the north and east sides
by TR zoned land. At the recent neighborhood meeting there were no specific
objections
ob'� o to this commercial site and, thus, there is no valid reason to deviate from
what has been done already under the same conditions. The Hallaqs should obtain C-2
restricted,just as reflected in Attachment 2.
In regard to the translation of the Transitional (TR) zoning, once again the
Halla s believe translation to R-6 would be unfair. Again, have precedent, from the
q g we
Peninsula Annexation involving the 12.5-acre Mastro parcel, which is south of Lambert
Lane adjacent to the CDO Wash. The issue in Mastro was whether translation from
Pima County CR-5 zoning to Oro Valley R-6 zoning was fair or not. CR-5 is more
restrictive than TR zoning. Once again, to meet the issues of fairness and to apply a
more uniform or appropriate translation zoning, Oro Valley agreed that the translation
zoningshould be to a AD withTZ-5gr
an underlying zoningdistrict which
y g allowed up
to 22 residences 'Der acre. The staff report, which I have also attached
p p c ed (Attachment 3)
acknowledged that CR-5 zoning allowed one residential unit per 2,000 square feet of
land and thus, the R-
6 zone was an inappropriate translation. Conversely, the report
made the following comment:
"Planning Staff finds the translation of zoning on the Mastro parcel,
to PAD with an underlying TZ-5 district to be consistent with Pima
County's CR-5 zoningand in accordance
yace with Arizona Revised
Statutes. As such, we will recommend approval of this
transnational zoning to Oro Valley PAD and all applicable
development standards of a PAD zoningdistrictshall ap
ply
app y
thereto.
In light of the fact that the translation from CR-5 to Oro Valley zoning was
intended to accommodate 22 residences per acre for an apartment development, it is
painfully obviously that a translation from TR, which conceivablyallows one
per1,000q
residential unit square fee of land, to R-6 would be even moe unfair. To
overcome this, and in an effort to be uniform, both in the Timan case (CB-1 incorporated
the TR uses) and in the Mastro case it was agreed that the Oro Valley R-6 uses would be
permitted, but that the allowable residential density would be 22 residences per acre.
This is what the Hallaqs now request.
Valerie B. Feuer, Senic fanner March 31, 1999 Page 3
Town of Oro Valley
Re: Dr. and Mrs. Hallaq-Oro Valley Translation Zoning
It is respectfully submitted that without this compatible treatment for intensity of
use, it will be very hard for the Hallaqs to make accommodations to the existing
residential neighborhood to the north. The Hallaqs are aware that in the development
plan review process, they will be requested to submit to desired and reasonable set back
requirements, and to height limitations for their project. Only by insuring adequate
densityelsewhere on the property can these aesthetic be met.p p y objectives
In summary, in light of the fact that the notice for public hearing has already
identified the translation to C-1 zoning, the matter will need to be postponed. Ironically
a postponement was also required in the Timan matter for the very same reasons.
Thereafter, the Hallaqs respectfully request that they receive a more accurate translation
of their existingrights to include -zoning C 2, restricted, as was done on the Timan
parcel, and R-6, with the express designation that the translation allows a maximum
residential density of 22 residences per acre, as was done in both the Timan and Mastro
cases. With these changes, the Hallaqs agree to otherwise meet the development
criteria ro osed bythe Tow
n p of Oro Valley.
Thank you for your attention to this matter.
Very truly yours,
TUBBS & SCHUBART, P. C.
91....
.Louvukt.c-4- 1,10-AA----
G. Lawrence Schubart
GLS/bmmh
Attachments
18.21.010
< i
Chapter 13.21 Ord. 1985-153 § 1 (part), 1985; Ord. 1985-82(part),
1985)
CR-1 SINGLE RESIDENCE ZONE
13.21.020 Conditional uses.
Sections: A. Uses conditionally permitted:
13.21.010 Permitted uses. 1. Club or lodge: In accordance with Section
13.21.020 Conditional uses. 18.17.030C2(SR Suburban Ranch Zone);
13.21.030 Development standard 2. Raising of ratites in accordance with Type 1 pro-
General. cedure subject to the following restrictions and
13.21.040 Development standards-- requirements:
Detached accessory buildings. a. Minimum lot area: One acre
13.21.050 Cluster develcpme it t option. b. No more than one ostrich over fourteen months
13.21.060 Lot reduction option. of age for each ten thousand square feet of site area,
or more than one emu or other ratite over fourteen
18.21.010 Permitted uses. months of age for each five thousand square feet of
A. Uses permitted:
1. All uses as permitted in Section 18.09.020A
(General Residential and Rural Zoning Provisions);
2. Temporary trailer or manufactured home: In
accordance with Section 18.17.020A2(SR Suburban
Ranch Zone);
3. Agriculture or horticulture:
a. Used only for the purpose of propagation and
culture and not for retail sales,including any number
of poultry,rabbits,and similar small animals,
b. On lots of not less than thirty-six thousand
square feet not more than one head of cattle, horses,
sheep, goats, or other similar animals more than six
months of age per ten thousand square feet of lot
area, excluding swine;
4. College or governmental structure: In accor-
dance with Section 18.17.03006 (SR Suburban
Ranch Zone);
5. Community service agency: In accordance with
Section 18.17.03007(SR Suburban Ranch Zone);
6. Library: In accordance with Section
18.17.030B 1 (SR Suburban Ranch Zone);
7. Playground or athletic field: In accordance with
Section 18.17.030B2(SR Suburban Ranch Zone);
8. Temporary real estate office:In accordance with
Section 18.17.020A8 (SR Suburban Ranch Zone);
9. Museum: In accordance with Section
18.17.030D2 (SR Suburban Ranch Zone). (Ord.
1998-36 § 8, 1998; Ord. 1986-125 § 1 (part), 1986;
18-50.9 (Pima County 7-98)
18.21.030
site area, or if more than one type of ratite is kept, a 13.21.040 'Development standards—Detached
prorated combination of the area required for each accessory buildings.
animal. Two ratites six to fourteen months of age A. Permitted coverage:One-third of the total area of
may be substituted for each ratite over fourteen the rear and side yards.
months of age, B. Maximum height: Twenty-four feet.
c. Maximum lot coverage by ratite corrals and C. Minimum distance requirements:
shelter structures within corrals: Thirty percent, 1. To main buildings: Seven feet;
d. Animals shall be confined within minimum 2. To front lot line: Sixty feet;
six-foot-high, stock-tight corrals. No material shall 3. To side and rear lot lines:
be permitted that is not ordinarily used for a stock- a. Four feet if building is not used for poultry or
tight fence. Ostrich corrals shall be surrounded by a animals,
minimum six-foot-high, stock-tight fence or other b. Fifty feet if building is used for poultry or ani-
restraint of sufficient strength and durability to pre- mals,
vent ratites from roaming at large as provided in Sec- c. All horses,cattle,sheep,goats,or other similar
tion 18.07.030B, animals must be confined within a stock-tight fence
e. Minimum setbacks for ratite corrals and shelter (no material shall be permitted not ordinarily used
structures within corrals: Thirty feet from the front for a stock-tight fence)in an area of no less than four
property line and ten feet from side and rear property hundred square feet per animal. Such fenced-in area
lines; but in no event shall a corral or shelter within shall be set back ten feet from the rear where it abuts
a corral be closer than thirty feet to any residence or an IR,RH,GR-1,SR,SR-2,SH,CR-1,CR-2,or MU
living quarters on an abutting property; zone and forty feet from the rear where it abuts a
3. Community stable: In accordance with Section zone other than GR-1,RH,IR, SR,SR-2,SH, CR-1,
18.17.030C4 (SR Suburban Ranch Zone). (Ord. CR-2, or MU, and forty feet from a side property
1994-146 § 6, 1994; Ord. 1986-125 § 1 (part), 1986; line. A setback of ten feet shall be permitted on the
Ord. 1985-82(part), 1985) side yard where the adjacent property owners have a
written recorded agreement to this effect, but, in no
18.21.030 Development standards—General. event, shall a corral be closer than fifty feet to any
A. Minimum lot area: Thirty-six thousand square residence or living quarters in an abutting property.
feet. (Ord. 1994-147 § 6, 1994; Ord. 1985-187 § 1 (part),
B. Minimum area per dwelling unit: Thirty-six 1985; Ord. 1985-82 (part), 1985)
thousand square feet.
C. Minimum lot width: One hundred feet. 18.21.050 Cluster development option.
D. Minimum yard requirements: A. This option shall be permitted only for subdi-
1. Front: Thirty feet; vided residential lots as allowed in this chapter, and
2. Side: Ten feet each; their associated open space, in accordance with Sec-
3. Rear: Forty feet. tion 18.09.040 (General Residential and Rural Zon-
E. Building height limitations: ing Provisions). (Ord. 1985-111 § 1 (part), 1985;
1. Maximum height: Thirty-four feet; Ord. 1985-82(part), 1985)
2. Maximum stories: Two.
F. Minimum distance between main buildings: 18.21.060 Lot reduction option.
Twenty feet, except as required in Section A. Refer also to Section 18.09.050 (General Resi-
18.09.020D (General Residential and Rural Zoning dential and Rural Zoning Provisions) for the general
Provisions)for a rear dwelling. (Ord. 1985-82(part), provisions of the lot reduction option.
1985)
18-51 (Pima County 8-96)
13.23.010
B. Minimum lot size requirements for lots in a CR- B. Minimum area per dwelling unit: Sixteen thou-
1 subdivision may be approved by the board of sand square feet.
supervisors for reduction from thirty-six thousand C. Minimum lot width: Eighty feet.
square feet to twenty-four thousand square feet in D. Minimum yard requirements:
accordance with Section 18.09.050;provided,that in 1. Front: Thirty feet;
total there are no more individual one-family lots 2. Side: Ten feet each;
than one lot per gross acre of the area of the subdivi- 3. Rear: Forty feet.
sion zoned CR-1. (Ord. 1985-82(part), 1985) E. Building height limitations:
1. Maximum height: Thirty-four feet;
2. Maximum stories: Two.
Chapter 18.23 F. Minimum distance between main buildings:
Twenty feet except as required in Section
Cl!.-.2 SINGLE RESIDENCE ZONE 18.09.020D(General Residential and Rural
Sections:
18.23.010 Permitted uses.
18.23.020 Conditional uses.
18.23.030 Development standards—
General.
18.23.040 Development standards—
Detached accessory buildings.
18.23.050 Cluster development option.
18.23.060 Lot reduction option.
18.23.070 Lot development option.
18.23.010 Permitted uses.
A. Uses permitted:
1. Any use as permitted in Section 18.21.010(CR-
1 Single Residence Zone), but horses, cattle, sheep
or goats shall not be kept on less than one commer-
cial acre and not more than one such animal for each
ten thousand square feet of lot area. (Ord. 1985-82
(part), 1985)
18.23.020 Conditional uses.
A. Uses conditionally permitted:
1. Any use as conditionally permitted in Section
18.21.020(CR-1 Single Residence Zone),except the
raising of ratites is not permitted. (Ord. 1994-146 §
7, 1994: Ord. 1985-82 (part), 1985)
18.23.030 fly evelopment st..,ndards--General.
A. Minimum lot area: Sixteen thousand square feet.
(Pima County 8-96) 18-52
13.23.040
Zoning Provisions) for a rear dwelling. (Ord. 1985- 18.23.060 Lot reduction option.
82 (part), 1985) A. Refer to Section 18.09.050 (General Residential
and Rural Zoning Provisions) for the general provi-
1 °23.040 Development standards--Detached sions of the lot reduction option.
accessory bu:,'zlings. B. Minimum lot size requirements for lots in a CR-
A. Permitted coverage: One-third of the total area of 2 subdivision for reduction may be approved by the
the rear and side yards. board of supervisors for reduction from sixteen thou-
B. Maximum height: Twenty-four feet. sand square feet to twelve thousand square feet in
C. Minimum distance requirements: accordance with Section 18.09.050,provided that in
1. To main buildings: Seven feet; total there are no more individual one-family lots
2. To front lot line: Sixty feet; than two lots per gross acre of the area of the subdi-
3. To side and rear lot lines: vision zoned CR-2. (Ord. 1985-82(part), 1985)
a. Four feet if building is not used for poultry or
animals, 18.23.070 Lot development option.
b. Fifty feet if building is used for poultry or ani- A. Refer to Section 18.09.060 (General Residential
mals, and Rural Zoning Provisions) for the provisions of
c. All horses,cattle,sheep,goats,or other similar the lot development option. (Ord. 1985-82 (part),
animals must be confined within a stock-tight fence 1985)
(no material shall be permitted not ordinarily used
for a stock-tight fence)in an area of no less than four
hundred square feet per animal. Such fenced-in area Chapter 18.25
shall be set back ten feet from the rear where it abuts
an IR,RH, GR-1, SR, SH, CR-1,CR-2, or MU zone CR-3 SINGLE RESIDENCE ZONE
and forty feet from the rear where it abuts a zone
other than GR-1, RH, IR, SR, SH, CR-1, CR-2, or Sectio s s:
MU, and forty feet from a side property line. A set- 18.25.010 Permitted uses.
back of ten feet shall be permitted on the side yard 18.25.020 Conditional uses.
where the adjacent property owners have a written 18.25.030 Development standards--
recorded agreement to this effect, but, in no event, Generafl°
shall a corral be closer than fifty feet to any residence 18.25.040 Development standards
or living quarters in an abutting property. (Ord. AccessorybailaiIlngs.
1985-187 § 1 (part), 1985; Ord. 1985-82 (part), 18.25.050 Cluster developme t option.
1985) 18.25.060 Lot reduction option.
18.25.070 Lot development option.
18.23.050 Cluster developme'u,t option.
A. This option shall be permitted only for subdi- fl °25.010 Pe tied uses.
vided residential lots as allowed in this chapter, and A. Uses permitted:
their associated open space,in accordance with Sec- 1. All uses as permitted in Section 18.09.020A
tion 18.09.040 (General Residential and Rural Zon- (General Residential and Rural Zoning Provisions);
ing Provisions). (Ord. 1985-111 § 1 (part), 1985; 2. Temporary trailer or mobile or manufactured
Ord. 1985-82(part), 1985) home: In accordance with Section 18.17.020A2(SR
Suburban Ranch Zone);
18-52.1 (Pima County 7-98)
3.25.020
3. Agriculture and horticulture,flower and vegeta- B. Minimum area per dwelling unit:Eight thousand
ble gardening, nursery or greenhouse used only for square feet.
propagation and culture and not for retail sales; C. Minimum lot width: Sixty feet.
4. The keeping of small animals, such as rabbits, D. Minimum yard requirements:
chickens, but not cockerels, and not for commercial 1. Front: Twenty feet;
purposes, provided not more than twenty-four such 2. Side:Eight feet each;
animals per eight thousand square feet of lot area are 3. Rear: Twenty-five feet.
kept; E. Building height limitations:
5. College or governmental structure: In accor- 1. Maximum height: Thirty-four feet;
dance with Section 18.17.03006 (SR Suburban 2. Maximum stories: Two.
Ranch Zone); F. Minimum distance between main buildings: Six-
6. Community service agency: In accordance with teen feet, except as required in Section 18.09.020D
Section 18.17.03007(SR Suburban Ranch Zone); (General Residential and Rural Zoning Provisions)
7. Library: In accordance with Section for a rear dwelling.
18.17.030E 1 (SR Suburban Ranch Zone); G. Buildable area:Not to exceed forty percent of the
8. Playground or athletic field: In accordance with lot,including all structures,except swimming pools.
Section 18.17.030B2(SR Suburban Ranch Zone); (Ord. 1985-82(part), 1985)
9. Community storage garage,provided:
a. Said garage is used for the storage of private 18.25.040 Development standards—Accessory
passenger vehicles only, and buildings.
b. The entrances and exits for said garage are on A. Permitted coverage: Maximum five percent of
a public alley or directly abut a public street; lot area.
10. Temporary real estate office: In accordance B. Maximum height: Twelve feet.
with Section 18.17.020A8 (SR Suburban Ranch C. Minimum distance requirements:
Zone); 1. To main building when detached: Seven feet;
11. Transitional use where side of lot abuts a busi- 2. To front lot line when detached: Fifty feet;
ness or industrial zone:Any residential use permitted 3. To side lot lines: Four feet, twenty feet if used
in Section 18.27.010 (CR-4 Mixed-dwelling Type for small animals;
Zone), including CR-4 area and yard requirements, 4. To rear lot line:Four feet,twenty feet if used for
provided such use extends not more than one hun- small animals. (Ord. 1988-151 § 1 (part), 1988;Ord.
dred twenty feet or two lots,whichever is the lesser, 1985-82(part), 1985)
from the zone boundary;
12. Museum: In accordance with Section 18.25.050 Cluster development option.
18.17.030D2 (SR Suburban Ranch Zone). (Ord. A. This option shall be permitted only for subdi-
1998-36 § 9, 1998; Ord. 1986-125 § 1 (part), 1986; vided residential lots as allowed in this chapter, and
Ord. 1985-153 § 1 (part), 1985;Ord. 1985-82(part), their associated open space, in accordance with Sec-
1985) tion 18.09.040 (General Residential and Rural Zon-
ing Provisions). (Ord. 1985-111 § 1 (part), 1985:
18.25.020 Conditional uses. Ord. 1985-82(part), 1985)
Reserved.
13.25.060 Lot reduction optic a.
13.25.030 Development standards—General. A. Refer to Section 18.09.050 (General Residential
A. Minimum lot area:Eight thousand square feet. and Rural Zoning Provisions) for the general provi-
sions of the lot reduction option.
(Pima County 7-98) 18-52.2
13.29.040
13.29.040 Development standarda-----Accesaury Dwelling Type Zone)and 18.29.010(CR-5 Multiple
structures. Residence Zone).
A. Permitted coverage: Maximum five percent of B. Additional uses permitted:
the individual lot area. 1. College or governmental structure;
B. Height limitation: Twelve feet. 2. Community service agency;
C. Minimum setback requirements: 3. Library or museum;
1. From main building(s): Seven feet; 4. Playground or athletic field;
2. From property lines:In accordance with applica- 5. Hospital or sanatorium;
ble Pima County building codes (Title 15). (Ord. 6. Clinic or dispensary;
1988-151§ 1 (part), 1988;Ord. 1985-82(part), 1985) 7. Club;
8. Private club or lodge(nonprofit);
18.29.050 Small lot subdivision option. 9. Community storage garage;
A. Refer to Section 18.09.080 (General Residential 10. Child care center;
and Rural Zoning Provisions) for the general provi- 11. Professional or semi-professional office;
sions of the small lot subdivision option. 12. Real estate office;
B. Development standards: As provided in Section 13. Insurance adjuster's office,which may include
18.29.030,except that the average area per dwelling a drive-through facility;
unit shall be a minimum of two thousand square feet. 14. Motel or hotel, together with the following
(Ord. 1985-82(part), 1985) accessory uses located on the premises and having
no exterior entrance closer than one hundred feet to
18.29.060 Lot development option. a public street:
A. Refer to Section 18.09.060 (General Residential a. Retail shops,
and Rural Zoning Provisions) for the provisions of b. Personal services,
the lot development option. (Ord. 1985-82 (part), c. Recreational facilities,
1985) d. Restaurant,
e. Beverage service
15. Administrative, engineering, scientific re-
Chapter 18.31 search, design or experimentation facility, and such
processing and fabrication as may be necessary
TR TRANSITIONAL ZONE thereto,provided:
a. All such operations be completely housed
Sections: within buildings located on a site of no less than ten
18.31.010 Permitted uses. thousand square feet,
18.31.020 Conditional uses. b. All such buildings shall set back not less than
18.31.030 Development standards— twenty-five feet from any property line abutting a
#"esidential. residential zone,
18.31.040 Ievelopment standards— c. A dust-proofed off-street parking area be pro-
Nonresidential. vided for all such vehicles incidental to said opera-
18.3L050 Development standards— tion,
Detached accessory buih 7ngs. d. One additional such parking space be provided
for each three persons regularly employed on said
18.31.010 Permitted uses. premises,
A. Any use as permitted in Sections 18.25.010(CR-
3 Single Residence Zone), 18.27.010 (CR-4 Mixed-
(Pima County 7-98) 18-54
18.31.020
e. Buffering and screening is provided in accor- a. Front: Twenty feet;
dance with Chapter 18.73, Landscaping, Buffering b. Side: Seven feet each;
and Screening Standards, c. Rear: Twenty-five feet.
f. There is no manufacturing or warehousing of E. Building height limitations:
goods for sale at wholesale or retail,and 1. Maximum height: Thirty-four feet; and
g. Any activity conducted on said premises shall 2. In areas restricted by the hillside development
be free of dust, noxious smoke, fumes, odors or zone (Chapter 18.61, HD Hillside Development
unusual vibrations or noise; Zone),no building shall exceed two stories; and
16. Nonexpressed residential uses: All residential 3. In areas designated as historic zones (Chapter
uses not expressly permitted in any other residential 18.63, Historic Zone)no buildings shall exceed two
zone and which are not otherwise unlawful,injurious stories; and
to the general health or welfare, or specifically ex- 4. For all conditionally approved rezonings that do
cluded. (Ord. 1998-36 § 11, 1998; Ord. 1985-171, § not have an ordinance for TR, if a third story is
1 (part), 1985; Ord. 1985-153, § 1 (part), 1985; Ord. requested within the thirty-four-foot height limit,
1985-82(part), 1985) approval shall be requested at a noticed board of
supervisors public hearing.
18.31.020 Conditional uses. F. Minimum distance between main buildings:
Reserved. Fourteen feet. (Ord. 1995-42 § 3 (part), 1995; Ord.
1992-60§ 1, 1992; Ord. 1985-82(part), 1985)
18.31.030 Development standards—
Residential. 18.31.040 Development standards--
A. Minimum lot or site area: Nonresidential.
1. Single-family detached dwelling unit(lot): Four A. Minimum lot area: None.
thousand five hundred square feet; B. Minimum lot width: Sixty feet.
2. Duplex or multiple dwelling unit (site): Ten C. Minimum yard requirements:
thousand square feet. 1. Front: Twenty feet;
B. Minimum area per dwelling unit: 2. Side: Seven feet each;
1. Single-family detached dwelling unit: Four 3. Rear: Twenty-five feet.
thousand five hundred square feet; D. Building height limitations:
2. Duplex or multiple dwelling unit: One thousand 1. Maximum height: Thirty-four feet;and
square feet. 2. In areas restricted by the hillside development
C. Minimum lot or site width: zone (Chapter 18.61, HD Hillside Development
1. Single-family detached dwelling unit (lot): Zone),no building shall exceed two stories;and
Forty feet; 3. In areas designated as historic zones (Chapter
2. Duplex or multiple dwelling unit (site): Sixty 18.63,Historic Zone) no buildings shall exceed two
feet. stories; and
D. Minimum lot or site yard requirements: 4. For all conditionally approved rezonings that do
1. Single-family detached dwelling unit(lot): not have an ordinance for TR, if a third story is
a. Front: Twenty feet; requested within the thirty-four-foot height limit,
b. Side: None. Zero lot-line siting of dwelling approval shall be requested at a noticed board of
units on individual lots is permissible, subject to supervisors public hearing.
Pima County Building Codes(Title 15); E. Minimum distance between main buildings:
c. Rear: Ten feet. Fourteen feet. (Ord. 1995-42 § 3 (part), 1995; Ord.
2. Duplex or multiple dwelling unit(site): 1985-82(part), 1985)
18-55 (Pima County 7-98)
18.31.050
13031.053 Devellopment standards—Detached 18.33.023 Permitted uses.
accessary buildings. A. Uses permitted.
A. Permitted coverage: Forty percent of the mini- 1. All uses as permitted in Section 18.09.020A
mum rear yard area plus fifty percent of any addi- (General Residential and Rural Zoning Provisions),
tional space in the rear of the principal building. except that the minimum site area for a church is five
B. Maximum height: Twenty-four feet. gross acres.
C. Minimum distance requirements: 2. Manufactured home park;
1. To main buildings: Seven feet; 3. College or governmental structure: In accor-
2. To front lot line: Sixty feet; dance with Section 18.17.03006 (SR Suburban
3. To side lot lines: Four feet; Ranch Zone);
4. To rear lot line: 4. Community service agency: In accordance with
a. Four feet if building is not used for poultry or Section 18.17.03007(SR Suburban Ranch Zone);
animals, 5. Library: In accordance with Section
b. Fifteen feet if building is used for poultry or 18.17.030B1 (SR Suburban Ranch Zone);
animals. (Ord. 1985-82(part), 1985) 6. Playground or athletic field: In accordance with
Section 18.17.030B2(SR Suburban Ranch Zone);
7. Temporary real estate office;
Chapter 18.33 8. Museum: In accordance with Section
18.17.030D2(SR Suburban Ranch Zone);
Cvill-1 COUNTY MANUFACTURED AND 9.Manufactured/mobile home park. (Ord. 1998-37
M$$ ALE H'SME—1 ZONE § 5 (part), 1998; Ord. 1998-36 § 12, 1998; Ord.
1997-1 § 2, 1997; Ord. 1986-125, § 1 (part), 1986;
Sections: Ord. 1985-82(part), 1985)
18.33.010 Purpose.
18.33.020 Permitted uses. 18.33.030 Conditional uses.
18.33.030 Conditional uses. A. Uses conditionally permitted:
18.33.040 Development standards— 1. Club or lodge: In accordance with Section
General. 18.17.030C2 (SR Suburban Ranch Zone). (Ord.
18.33.050 Development standards— 1986-125, § 1 (part), 1986; Ord. 1985-82 (part),
Detached accessory buildings. 1985)
18.33.055 Development standards—
Manufactured/mobile home 18.33.040 Development standards—General.
park. A. Minimum lot area:Eight thousand square feet.
18.33.060 Cl; star development option. B. Minimum lot area per dwelling unit: Eight thou-
sand square feet.
18.33.010 Purpose. C. Minimum lot width: Sixty feet.
A. The purpose of this zone is to provide for needed D. Minimum yard requirements:
and properly planned mobile home developments 1. Front: Twenty feet;
with additional usable open space within reasonable 2. Sides: Eight feet each;
walling distance, by permitting a wider latitude of 3. Rear: Twenty-five feet.
design, without increasing existing densities. (Ord. E. Building height limitations:
1997-1 § 2, 1997; Ord. 1985-82 (part), 1985) 1. Maximum height: Thirty-four feet;
2. Maximum stories: Two. (Ord. 1985-82 (part),
1985)
(Pima County 7-98) 18-56
18.41.050
13.41.050 Development standards--Gener:., o 18.43.050 Development standards—
A. Area: Nonresidential.
1. The maximum area of each RVC zone shall not 13.43.060 Deveilopme t standards—
exceed twenty acres. Residential.
2. This area shall be apportioned as evenly as con- 13.43.070 '1%evalopment standards—
sideration of streets, topography and other unique 'i etached accessary buildings.
factors affecting individual sites will permit. 18 43.030 Lot developm�aent option.
B. Site coverage: All buildings within a site as
shown on the development plan shall not cover more 18.43.010 Purpose.
than twenty-five percent of the area of such site. Reserved.
C. Yards:
1. No building shall be erected within one hundred 18.43.020 Performance standards.
fifty feet of the centerline of scenic routes as desig- A. All Section 18.43.030B uses shall be conducted
nated on the Major Streets and Scenic Routes Plan; wholly within a completely enclosed building unless
2. Buildings shall not be constructed within: otherwise specified and any use operating as a store,
a. Twenty-five feet of any district zoned TR,nor shop, or business shall be a retail establishment. All
b. Seventy-five feet of any residential district. products produced on the premises shall be sold at
D. Building height limitations: retail on the premises.
1. Maximum height: Thirty-four feet; B. Performance standards:
2. Maximum stories: Two. 1. The following performance standards shall
E. Screening: Refer to Section 18.73.100 (Land- apply to the uses of Section 18.43.030I:
scaping Standards). a. Noise or vibration: No noise or vibration shall
F. Parking and loading requirements: Refer to Sec- be permitted which is discernible beyond the lot line
tion 18.75.050 (Off-Street Parking and Loading to the human sense of feeling for three minutes or
Standards). more duration in any one hour of the day between the
G. Signs: Refer to Section 18.79.050 (Sign Stan- hours of seven a.m. and seven p.m., or of thirty sec-
dards). (Ord. 1996-58 §4(part), 1996;Ord. 1985-82 onds or more duration in any one hour during the
(part), 1985) hours of seven p.m.to seven a.m.;
b. Smoke: No emission of smoke from any
18.d1.060 Development standards—Detached source shall be permitted;
accessory buildi:s gs. c. Odors: No emission of odorous gases or other
Reserved. odorous matter shall be permitted in such quantities
as to be offensive in such a manner as to create a nui-
sance or hazard beyond the property lines;
Chapter 18.43 d. Fly ash, dust, fumes, vapors, gases and other
forms of air pollution: No emission shall be permit-
C3-1 LOCAL BUSINESS DINE ted which can cause any damage to health,to animals
or vegetation, or other forms of property, which can
Sections: cause any excessive soiling; and
13.43.010 imp®se° e. Liquids and solid waste: No wastes shall be
13.43.020 Perf®rma ce standards. discharged in the streets,drainageways or any prop-
18.43.030 Permitted uses• erty which is dangerous to the public health and
18.43.040 Conditional uses. safety,and no waste shall be discharged in the public
(Pima County 7-98) 18-66
13.43.030
sewage system which endangers the normal opera- 13. Bank;
tion of the public sewage system. 14. Barbershop;
2. Certifications: The zoning inspector shall not 15. Beauty shop;
issue a permit for any use until the applicant has pro- 16. Bicycle shop: No sales or servicing of motor
vided the required number of plans showing the cer- scooters or motorcycles;
tificates of the department of transportation and 17. Billiard or poolhall;
flood control district, traffic engineer, and health 18. Book,newspapers, or magazine store;
department director certifying that said use complies 19. Burglar alarm service;
with all laws and regulations under their jurisdiction, 20. Cafe or lunchroom:
and the zoning inspector has determined that the use a. Provided no dancing is allowed and no alco-
complies with this chapter. (Ord. 1989-96 § 1 (part), holic beverages sold except beer and wine,
1989; Ord. 1985-82(part), 1985) b. The "patio" architectural design concept is
allowed;
18.43.030 Permitted uses. 21. Catering service;
A. Any use as permitted in Section 18.31.010 (TR 22. Church;
Transitional Zone). 23. Cigar store;
B. The following uses, as restricted in Section 24. Cleaning,dyeing,laundry collection agency;
18.43.020A: 25. Confectionery store;
1. Air conditioning, heating, and ventilating fix- 26. Custom dressmaking, millinery, hemstitching
tures or supplies: Retail, all within enclosed build- or pleating;
ing; 27. Custom weaving or mending;
2. Antique store; 28. Dealer in coins, stamps or similar collector's
3. Apparel store; items;
4. Art needlework or hand-weaving establishment; 29. Delicatessen;
5. Art gallery or store: The "patio" architectural 30. Dental laboratory;
design concept is allowed; 31. Department store;
6. Art or drawing supply store; 32. Drugstore;
7. Auto mechanical repair: In conjunction with 33. Dry goods or notions store;
service stations on state or federal highways only, 34. Electrical appliance store;
provided there is no outside storage of autos or parts, 35. Feed store: No sales or storage of hay;
and no body or fender work, painting or upholster- 36. Fix-it shop, small appliances;
ing; 37. Florist shop;
8. Auto parking lot(within or without a building): 38. Frozen food locker;
Subject to the provisions of Section 18.75.030B 39. Fruit or vegetable store;
(Off-Street Parking and Loading Standards); 40. Furniture store;
9. Automobile accessories,parts and supplies;pro- 41. Garage:For public storage only;
vided,that there is no installation,repair,rebuilding, 42. Gasoline service station (incidental repairing
modification, or outside storage of parts on the pre- only); subject to:
rises; a. The provisions of Section 18.07.030A (Gen-
10. Automobile lubrication and oil change opera- eral Regulations and Exceptions),
tion; b. No gasoline or other flammables be stored
11. Automobile tires, batteries and accessories above ground level, except in legally accepted con-
installation in conjunction with a department store; tainers of fifty-five gallons or less and no more than
12. Bakery; three such containers,and
18-67 (Pima County 7-98)
1 8.43.030
c. The dispensing of gasoline or any flammables 70. Plumbing fixtures and supplies: Retail, all
into a fuel tank or into a legally accepted container, within enclosed building;
using manually controlled nozzles only, shall be 71. Postal station;
under the supervision of a competent attendant at all 72. Pressing establishment;
times; 73. Reducing salon:Not to include massage estab-
43. Gift,curio,or novelty shop; Iishments;
44. Grocery store; 74. Refreshment stand;
45. Hardware store; 75. Religious rescue mission or temporary revival;
46. Hotel; 76. Safe depository;
47. House furnishing store; 77. School:Barber or beauty culture;
48. Ice cream store: The "patio" architectural 78. School:Business;
design concept is allowed; 79. School:Dancing;
49. Ice station:For packaged sales only; 80. School: Dramatic;
50. Interior decorator; 81. School:Handicraft,painting or sculpture;
51. Jewelry and watch repair; 82. School: Music;
52. Jewelry store; 83. School, private, parochial and charter. As
53. Laundromat, laundry and dry cleaning units, required by state statute, A.R.S. § 15-189.01, an
provided the same occupy no more than three thou- application for a charter school shall receive a final
sand square feet of gross floor area; determination from the county within 90 days of the
54. Leather goods store; beginning of the process.
55. Library: Rental or public; 84. Self-service car wash; provided, that neither
56. Liquor store: For packaged sales only, includ- steam cleaning nor engine repair shall be allowed on
ing wine tasting; the premises;
57. Locksmith; 85. Shoe repair shop;
58. Meat,fish or dressed poultry market,provided 86. Shoe store;
no live poultry are kept on premises; 87. Sidewalk sales associated with existing retail
59. Mechanical and electronic games arcade: In business, lasting no longer than three days, in any
districts containing a minimum of four commercial thirty-day period;
acres and at least seven thousand eight hundred 88. Sporting goods,hunting and fishing equipment
square feet of net leasable area; store;
60. Medical laboratory; 89. Station: Bus or stage;
61. Messenger office; 90. Stationery store;
62. Music,phonograph or radio store; 91. Tailor shop;
63. Office: Business, professional or semi-profes- 92. Taxicab stand;
sional; 93. Taxidermist;
64. Orthopedic appliances (trusses, wheelchairs, 94. Theater: Except drive-in or outdoor theater;
etc.); 95. Tire store: Including incidental repair of
65. Pet grooming; shocks and brakes with no outdoor storage or dis-
66. Pet shop; play;
67. Photograph studio; 96. Tool or cutlery sharpening;
68. Photographic supply store; 97. Toy or hobby shop;
69. Plant nursery: All landscape contractor's sup- 98. Trailer rental: In conjunction with service sta-
plies, fertilizers and chemicals shall be stored Lions on state or federal highways only, provided
indoors;
(Pima County 7-98) 18-68
18.43.030
3 ,!
there is no outside storage of autos or parts, and no F. Administrative, engineering, scientific research
body or fender work,painting or upholstering; and development,design or experimentation facility,
99. Trust company; and such treatment, processing, and fabrication as
100. Upholstery shop and supplies; may be necessary thereto; provided, that:
101. Variety store; 1. All such operations be completely housed
102.Veterinary outpatient clinic for small animals: within buildings located on a site of not less than ten
a. No boarding allowed; thousand square feet;
b. Overnight confinement for clinic treatment 2. All such buildings shall be set back not less than
permitted for a maximum of five animals; twenty-five feet from any property line abutting a
103. Wallpaper sales,paper hanging; residential zone;
104. Water, telephone or telegraph distribution 3. A dust-proofed, off-street parking area be pro-
installation or electrical receiving or distribution sta- vided for all vehicles incidental to said operation;
tion (within or without a building): Subject to the 4. One additional parking space be provided for
provisions of Section 18.07.040B (General Regula- each three persons regularly employed on said pre-
tions and Exceptions); mises;
105. Wholesale of oil: In conjunction with service 5. Buffering and screening provided in accordance
stations on state or federal highways only, provided with Chapter 18.73, Landscaping, Buffering and
there is no outside storage of autos or parts, and no Screening Standards;
body or fender work,painting or upholstering; 6. Any activity conducted on said premises shall
106. Other similar enterprise or business of the be free of dust, noxious smoke, fumes, odors or
same class, which in the opinion of the Board of unusual vibrations or noise discernible beyond the
Supervisors, as evidenced by resolution of record,is property line;
not more obnoxious or detrimental to the welfare of 7. The architecture of all structures shall be corn-
the particular community than the enterprises or patible with the surrounding area; and
businesses above enumerated. 8. All open areas of an improved lot shall be main-
C. Retail sale,rental or display of: tained in a dust-free condition by landscaping with
1. Clothing or accessories; trees,shrubs,suitable ground cover,undisturbed nat-
2. Household appliances; ural growth, or by covering with material that will
3. Office equipment and business machines: provide an all-weather surface.
Repair work permitted, but limited to no more than G. Restaurant, including a restaurant liquor license:
twenty-five percent of gross floor area of the busi- 1. Upon condition that the cocktail lounge or bar
ness; has no separate outside entrance;
4. Oxygen equipment for medical outpatient uses; 2. A dance floor with a maximum of two hundred
5. Painting equipment or supplies, including var- square feet is permitted for customer dancing only;
nish; and
6. Secondhand goods: Personal, furniture, books, 3. The applicant shall provide the zoning inspector
magazines;no secondhand auto parts; with an approved Type I conditional use permit.
7. Venetian blinds; H. Trailer or manufactured or mobile unit for tern-
8. Window shades. porary office use: Only during the construction of a
D. Accessory building or use (not involving open permanent building not to exceed a period of twelve
storage): When located on the same building site. months.
E. Trailer or manufactured or mobile home for care- I. The following uses, as restricted in Section
taker: In conjunction with a permitted use in a rural 18.43.020B:
area, as determined by the zoning inspector. 1. Blueprinting;
18-69 (Pima County 7-98)
18.43.040
•
2. Photostating; ten notice of the conditional use application and of
3. Engraving,photo-engraving; all public hearings. (Ord. 1993-78 § 1, 1993)
4. Duplicating,mimeographing, multigraphing;
5. Addressographing; 18A30050 Development standards---
6. Newspaper office; Nonfrasidentia1.
7. Printing or publishing. A. Minimum lot area:None.
J. Self-storage facility: B. Minimum lot width: None.
1. The maximum site area shall not exceed three C. Minimum yard requirements:
acres; 1. Front: Twenty feet, which may be used to meet
2.All access to the facility shall be from arterial or off-street parking requirements, or as part of an off-
collector streets; street parking lot;
3. All access lanes within the facility shall be of a 2. Side: None;
paved or concrete surface; 3. Rear: Twenty-five feet, except as provided in
4. There shall be a landscaped bufferyard with a Section 18.07.050G (General Regulations and
minimum six-foot or maximum eight-foot decora- Exceptions) for a corner lot, which may be used to
tive masonry wall; meet off-street parking requirements, or as a part of
5. There shall be no razor or barbed wire; an off-street parking lot.
6.The facility shall be single story with a maximum D. Maximum building height: Thirty-nine feet.
height of nineteen feet; E. Minimum distance between main buildings:
7.The facility's exterior facade visible from adjoin- None. (Ord. 1985-82(part), 1985)
ing residential properties or the public street shall use
earth tone colors and masonry or stucco materials or 18.43.060 it evelopment standards—
materials with a similar appearance; Residential.
8. The light source of any outdoor security lighting A. Minimum lot area: Ten thousand square feet.
shall not be visible from adjoining residential prop- B. Minimum lot area per dwelling unit: One thou-
erties; sand square feet.
9.All walls,doors,and roofs visible from adjoining C. Minimum lot width: Sixty feet.
property shall have surfaces that have less than 80 D. Minimum yard requirements:
percent reflectivity; 1. Front: Twenty feet, which may be used to meet
10.The maximum size of an individual storage unit off-street parking requirements, or as part of an off-
shall not exceed 200 square feet; street parking lot;
11. All storage shall be in an enclosed building. 2. Side: Seven feet each;
(Ord. 1998-36 § 15, 1998; Ord. 1997-28 § 2, 1997; 3. Rear: Twenty-five feet except as provided in
Ord. 1993-55 § 1, 1993; Ord. 1989-96 § 1 (part), Section 18.07.050G (General Regulations and
1989; Ord. 1988-150 § 1, 1988; Ord. 1985-171 § 1 Exceptions) for a corner lot, which may be used to
(part), 1985; Ord. 1985-82(part), 1985) meet off-street parking requirements, or as a part of
an off-street parking lot.
18a43.040 Condition uses. E. Building height limitations:
A. Procedures. In accordance with Chapter 18.97 1. Maximum height: Thirty-four feet; and
(Conditional Use Procedures). 2. In areas restricted by the Hillside Development
B. Uses Conditionally Permitted (Type 1 Proce- Zone (Chapter 18.61, HD Hillside Development
dure). Zone),no building shall exceed two stories;
1. Feed store: Including sales and outdoor storage
of hay.The applicable fire district shall receive writ-
(Pima County 7-98) 18-70
18.43.060
� K
3. In areas designated as historic zones (Chapter
18.63, Historic Zone)no buildings shall exceed two
stories; and
4. For all conditionally approved rezonings that do
not have an ordinance for CB-1,if a third stc ry is
18-70.1 (Puna County 7-98)