HomeMy WebLinkAboutOV129907 L.0 4 (V .
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John C. Maxwell
Tucson, AZ 85737
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July 22, 1999 �►,� ��� ����-�.�.a-.9 ►
PSG Milfa
Mayor Paul Loomis
Town of Oro Valley
11000 North LaCanada Drive
Tucson, AZ 85737
Dear Mayor Loomis:
As a former resident of the Autumn Hill subdivision, let me join with the
current residents who complain about the plan to grade down a hill so
that a strip mall can have more space for shops and parking.
For years, the citizens of Autumn Hill have been abused by the
insensitivity of planners, particularly those who planned
Smittys/Smiths/Fry's store. From their patios they have been forced to
stare at a largely blank wall to the west. And a really ugly driveway.
And then there was the extension to Smitty's and its largely unnecessary
shops and a restaurant with a grimy dumpster. And then there is all the
rest of development that has made Lambert and La Canada into
"downtown" Oro Valley, notwithstanding all the development along
Oracle Road near First Avenue. Did I mention the gas station?
I must admit that the decisions to let the four corners be commercial land
were made long before we bought homes in Autumn Hill, though it was
impossible for us to know how fully and dreadfully the development was
going to be. I, for one, escaped the commercial onslaught by selling my
home in Autumn Hill at a considerable loss to find domestic tranquility.
The Town Council now has an opportunity to redress various wrongs
done to the residents of Autumn Hill in the past. A denial of the grading
waiver on August 4 would be a modest recognition that they are owed at
least some protection from commercial greed.
nc ely,
hn C. axwell
The, Jun 1, 1999
To the Oro Valley Developr......,Review Board
We bought our property on Lambert Lane and Autumn Hill ten years ago with the knowledge that the
commercial property on the corners of La Canada and Lambert Lane would eventually be developed. Because
of the natural wash and hills across the street, we felt secure that our property was going to be shielded from
any possible harsh visual impingement.
Nov dissatisfied with the existing land they bought, these applicants are seeking a higher commercial impact
upon the community by both lowering some of this property and raising other parts.
The harsh reality of the matter is this: the applicants want greater visibility for what ever businesses that are
going onto the property. Possibly, but this is not known this for sure, they are also planning for more
commercial usage than presently possible. You might also notice, it is of no concern to the applicants, the
need to put up a more visible telephone pole in order to accomplish their exploitive goal. This makes it obvious
how little concern has been given to visual impact upon the town of Oro Valley. We need less above around
electric wire equipment not more. It also seems peculiar that the pole change request has been brought under
consideration until the cutting and grading issues have been settled.
This whole issue is in contrast to the needs of the residential neighbors and the adjacent golf course.
Residential Oro Valley tax payers have every right to expect lawful zoning protection from illegal commercial
impact of even legal new business endeavors.
We believe that business growth in Oro Valley should be encouraged and there is legal room for all. Our lands
both commercial and residential, many times have certain legally unalterable physical characteristics
guaranteeing privacy and natural beauty. This is built into a purchase price with those understandings. The
safe guards built into the Oro Valley master plan were based upon such ideals and must be protected for our
community to continue to thrive and maintain a respectable reputation.
Anyone supporting a proposal of this nature would demonstrate a lack of responsibility for the prudent
management of Oro Valley. By accordance of existing zoning regulations, this type of cutting and grading in
the guise of putting up a 15 foot higher telephone pole is not allowed without special permission, and only
when being of positive impact to all those affected. We respectfully request denial of this very strangely
submitted community damaging application.
The Young Family
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From:
To: ovmgr@primenet.com <ovmgr@primenet.com>
Date: Thursday, June 24, 1999 6:14 AM
Subject: Development Review Board
Dear David,
We have just become aware of the proposal by David Williams and the Beztak
Company to tear down the shielding hill to put in yet another grocery store
and pharmacy on that sight.
We believe that business growth in Oro Valley is necessary and should be
encouraged and that there is legal room for all. Acquired lands both
commercial and residential, many times have certain legally unalterable
physical characteristics guaranteeing the retention of natural beauty and
consequent preservation of wild life. This is the case in this instance.
Safe guards built into the Oro Valley master plan were based upon such ideals
and must be protected for our community to continue to thrive and maintain
a respectable reputation. We bought our home in Tucson, more specifically
Oro Valley, because we liked the way the community respected the desert and
the landscaping in the neighborhoods reflected this.
In our opinion, one supporting a proposal of this nature would demonstrate a
lack of responsibility for the prudent management of Oro Valley. By
accordance of existing zoning regulations that does not allow for this type
of cutting, grading without special permission, and only when being of
positive impact to all those affected. This proposal clearly is not. We are
respectfully requesting denial of this community damaging application.
We find it interesting that this action is taking place while so many people
in Oro Valley are part time residents. It is almost like they are trying to
sneak this in while everyone is away. We have tried to locate several of our
neighbors but to no avail as so many are gone for the summer. We also feel
that by the Beztak Company retaining David Williams to represent them they
are putting undue pressure on the existing Development and Review Board to
pass his proposal.
As I have already stated that we are not opposed to thoughtful growth. I
know St. Phillips plaza has already been mentioned as an example of community
sensitive commercial development. I have also heard that STUDENTS from U of
A presented a design concept that was far superior to the one that the
Beztack Company's architect submitted. Perhaps it is time for the Beztack
Company and David Williams to go back to the drawing board.
We strongly urge you to deny their request to level the hill and more
importantly to direct them to come back with a more visually pleasing as well
as a more nature conscious plan. We ask you to share our opinion with the
6/24/99
rage z of 2
board.
Respectfully,
Jane Corbett-Floyd
David G. Floyd
Oro Valley Resident
6/24/99
W.
I '
June 28, 1999 r
ATTN: CHUCK SWEET
Dear Chuck,
Please pass this info along to the board members.
Regarding the La Canada / Lambert corner, we are in favor of
an "upscale" plaza development rather than another grocery store
and another pharmacy.
It would seem preferrable for an upscale town like Oro Valley to have a
specialty shopping district.
We plan to come to Arizona for a short stay in August. Hope to
see you at Rotary.
Sincerely,
Bob and Lois Helland
}
Bartels, Rachael
From:
Sent: Tuesday, June 29, 1999 8:34 AM
To: ovmgr@primenet.com
Subject: Attention: Mr Sweet
I am opposed to granting any variance to the developers of the prospective
shopping center on Lamber Lane...please note this at your meeting tonight.
Richard Case
Oro Valley AZ 85737
rzigc1uiL
From:
To: ovmgr@primenet.com <ovmgr@primenet.com>
Date: Thursday, June 24, 1999 6:32 PM
Subject: RE: Proposed business center and variances on SE corner La Canadaand
Lambert
Dear Mr. Sweet,
Both my wife and I shall be out of town on June 29 and thus unable to attend
the hearing at which there will be discussion of the proposed business center
on the Southeast corner of La Canada and Lambert Lane.
We are concerned with the size of this proposed center in that, as proposed,
it will destroy and/or alter the topography of the area. I am specifically
concerned with the levelling of hills in the area and the size of the
development which will abut the golf course along the tenth hole.
This area is known as Canada Hills; thus why should we continue to level
hills which are so integral to the nature of the community.
I have additional concerns as to the nature of the commercial development on
this corner. I fully recognize that some commercial development is
beneficial to the community, but is it necessary to develop this area
considering the massive development now taking place at First Avenue and
Oracle to the extent that this area becomes so commercialized as to lower the
property values of the homes and the ambiance of the community.
To date the town as been successful in working with the homeowners to try to
maintain a close working atmosphere, to wit the architectural and other
changes made in developing the Walgreen-Childrens World Center and the
Southeast corner of this same intersection. (As an officer of our homeowners
association I was delegated to sit in on one such discussion regarding the
Children's World project). I fully believe that the developer in this
present instance should be cognizant of the concerns of the neighbors. I am
particularly concerned with the proposed leveling of the hills along Lambert
Lane. I am also concerned with the proximity of the back of this shopping
center to the tenth hole of the golf course. It is already a distraction not
only from noise, but also from dirt etc. to have the current Frys' so close
to the 16th Tee Boxes. We cannot repair that problem, but it is possible to
prevent further such incursions.
Most of us invested in homes and property in this area because of the rural
atmosphere. To over develop the commercial properties will detract from that
which attracted us here in the first place. I personally enjoy being able to
walk in the community and see the various wildlife including the owls which
inhabit the hills along Lambert Lane.
6/25/99
1 0.6, Lr MI L.
If my memory does not fail me, some eight years ago this area was proposed to
be developed as multi-family housing. I attended a Council meeting at which
the developer presented plans in an attempt to assuage the feelings of the
community. This project never came to fruition. In the current instance, I
should hope that the Board can prevail on the developer to heed the concerns
of those of us who comprise the community and who are potentially those who
will utilize the businesses in this development. It should be in keeping
with the nature of this area and not so commericalize the area as to reduce
our property values and the serenity and beauty of the area. I do not
believe that the developer should be permitted to desecrate the natural
topography of the area by allowing it to be leveled including the hill in
question.
Yours sincerely,
Donald W. Stein, M.D.
Villages 9A and C (La Entrada)
6/25/99
rage IOtI
From:
To: ovmgr@primenet.com <ovmgr@primenet.com>
Date: Friday, June 25, 1999 8:57 AM
Subject: June 29 Oro Valley Town Hall -- Lambert Lane
Mr. Sweet,
Please add my name to others who object to the grading variance being
considered for development of the shopping center on Lambert Lane.
Not only does the proposed grading and cutting of the hillside grossly
intrude into the desert landscape, but the sheer size of the proposed
development exceeds the limit of what is necessary for this neighborhood.
Increasing the size of the commercial development along Lambert Lane will not
only deface the natural beauty of the neighborhood, but will, in the end,
devalue our properties as well as the social context of our daily lives.
Thank you for your consideration.
Loretta Sowers
6/25/99
Bartels, Rachael
From: Marjorie J Bender[
Sent: Tuesday, June 29, 1999 2:55 PM
To: ovmgr@primenet.com
Subject: Grading Variance—NO!
Hello Chuck Sweet,
We are writing with concern over the development of the SE corner of LaCanada and Lambert
Lane. We moved here from Colorado and enjoy the semi rural lifestyle of Canada Hills and
Autumn Hill. We chose Oro Valley because it had this certain "feel" —in town, yet out of town.
We join with our neighbors and community in urging you and the towns people not to allow the hill
to be leveled, nor a shopping center of this magnitude to be developed. We certainly want the
convenience of smaller shops and specialized restaurants, maybe a smaller"health food"store.
Yet, another grocery store??? Let's keep Oro Valley"exclusive"and quaint. It can be done!! We
also agree with the sentiments of Dr. Donald Stein and Loretta Sowers. Thank you for
considering this preventative measure.
Sincerely,
Dr. and Mrs. Barry D. Bender
Oro Valley, AZ 85737
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P\-LEY qR
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rdr fr42 Pnp, ° TOWN OF ORO VALLEY
COMMUNITY DEVELOPMENT DEPARTMENT
• Building Safety • Parks and Recreation
• Planning and Zoning • Transit Services
PLANNING&ZONING DIVISION
F°v ` '�` 11,000 N. La Canada Drive,Oro Valley AZ 85737
N D ED Phone: 797-9797 Fax: 742-1022
February 1,2000
NOTICE OF REVIEW
BEFORE THE
ORO VALLEY TOWN COUNCIL
NOTICE IS HEREBY GIVEN that the Oro Valley Town Council will hold a review of a proposed
development on WEDNESDAY,FEBRUARY 16TH,1999,COMMENCING AT OR AFTER 7:00
P.M.The subject of the review will be proposed development plan for the following:
OV12-99-7 LA CANADA / LAMBERT LANE COMMERCIAL CENTER DEVELOPMENT
PLAN
A development plan for a proposed retail / commercial center located on the southeast corner of La
Canada Drive and Lambert Lane. The site is bounded on the west by La Canada Drive,to the south by
the Villages of La Canada,to the east by a golf course, and the north by Lambert Lane and the Fry's
shopping center. The proposed commercial development will include a specialty grocery store, a bank,
drug store,restaurant,and a variety of small commercial stores and professional offices.
The hearing will be held at Oro Valley Town Hall, 11,000 North La Canada Drive, Oro Valley,
Arizona.
Members of the public are invited to attend this meeting and will be given an opportunity to speak.An
agenda for this meeting will be made available at least 24 hours prior to meeting time. Should you have
any questions about this matter, please contact Bryant Nodine at (520) 797-9797 ext. 304, or
bnodine orovalley.net
Bry odine AICP
Planning and Zoning Administrator
F:\OV\OV12\1999\OV12-99-7\HOA Notice 3.doc
AFFIDAVI - PUBLICATION
'ISTATE OF ARIZONA) • .' ,
:ss.
COUNTY OF PIMA 1 STA C'EY S T I NSON being first
NOTICE OF PUBLIC HEARING duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager
BEFORE THE ORO VALLEY
TOWN COUNCIL
NOTICE IS HEREBY GIVEN that
Me Oro Valley Town Council will of THE DAILY TERRITORIAL, a daily newspaper printed and published in the
hold a public hearing of a prop-
osed development on WEDNES-
DAY, AUGUST 4TH, 1999,
COMMENCING AT OR AFTER County of Pima, State of Arizona, and of general circulation in the City of Tucson,
7:00 P.M. The subject of the
public heanng review will be a
proposed grading waiver for the
following: County of Pima, State of Arizona and elsewhere, and the hereto attached
OV 12-99-7 LA CANADA / LAM-
BERT LANE COMMERCIAL
CENTER - APPEAL OF GRAD- ��- -- ,# �� �
INC WAIVER DENIAL - LO-
CATED AT THE SOUTHEAST LANE C fMNFRC:I Al.... -... „..,
CORNER,N OF LA CANADA
`� �
DRIVE D LAMBERT LANE ., -.. ._The WLB Group, representing LW L 2 i I>t r
the applicant, requests Town r UX',L.IC NOT'C:E
Coundl approval of an appeal of
the D RB's decision to deny a . .,, r,,11 ,•,
grading waiver for this project.
The developer proposes to re-
duce the height of two small hills
on site, and change the overall
elevation for the site in excess of was printed and published correctly in the regular and entire issue of said THE
the cut 8 fill limitations as indi-
cated in the Town's grading reg-
ulations.
The hearing will be held at Oro DAILY TERRITORIAL for issues; that the first was made
Valley Town Hall, 11,000 North
La Canada Drive,Oro Valley,Ar-
izona.
Members of the public are invited on the day of 19
to this meeting and will be given
an opportunity to speak. An 19 t-h J t[I Y
agenda for the meeting will be
made available at least 24 hours and the last publication thereof was made on the day of
prior to meeting time. Should you ,,,
have any questions regarding ' '
this matter, please contact David
Marsh at (520) 797-9797 ext.311. J t t E,I... r 19 ; that said publication
. �,
Bryant Nodine Bryant Nodine
AICP Planning 8 Zoning Admini-
strator Town of Oro Valley was made on each of the following dates,to-wit:
Pub: The Daily Territorial
July 19, 1999
Reg: Town of Oro Valley 0 i 1 9/9 9
pnlacana 7/19/99 tjs
Request of
TOWN OF ORO VALLEY
Daily Territorial
By ,..-- r"
Subscribed and sworn to befor\ me this day of
I9fh •..1ULY
1999
1(::2 ji--0..17) (1777,',*e CR;C, A1..Sal -''',
r � ��" i''I��li�,
Notary Public in and for the Court y of Pit ,;$ to of �riz na 11
��;V ;`7 o'J i omi'€fissicn Expires
Augusta
2f
My Commission Expires: �. .��. _ :,� ry. .-�.'�3
O `O
04Z' 2 TOWN OF ORO VALLEY
0/ 7 COMMUNITY DEVELOPMENT DEPARTMENT
4 A" • Building Safety • Parks and Recreation
• Planning and Zoning • Transit Services
:,... , PLANNING&ZONING DIVISION
p . ,,I I), 11,000 N. La Canada Drive,Oro Valley AZ 85737
OVN D E(4' Phone: 797-9797 Fax: 742-1022
May 19t, 1999
NOTICE OF PUBLIC HEARING
BEFORE THE
ORO VALLEY DEVELOPMENT REVIEW BOARD
NOTICE IS HEREBY GIVEN that the Oro Valley Development Review Board will hold a public
hearing of a proposed development on TUESDAY, JUNE 8TH, 1999, COMMENCING AT OR
AFTER 6:00 P.M.The subject of the public hearing review will be a proposed grading waiver for the
following:
OV12-99-7 LA CANADA / LAMBERT LANE COMMERCIAL CENTER — GRADING
WAIVER - LOCATED AT THE SOUTHEAST CORNER OF LA CANADA DRIVE AND
LAMBERT LANE
The WLB Group, representing the applicant, requests DRB approval of a grading waiver for this
project. The developer proposes to reduce the height of two small hills on site, and change the overall
elevation for the site in excess of the cut & fill limitations as indicated in the Town's grading
regulations.
The hearing will be held at Oro Valley Town Hall, 11,000 North La Canada Drive, Oro Valley,
Arizona.
Members of the public are invited to attend this meeting and will be given an opportunity to speak.An
agenda for this meeting will be made available at least 24 hours prior to meeting time. Should you have
an •, -stions a••u t 's matter,please contact David Marsh at(520)797-9797 ext.311.
, ...
AlLk . •
B nEdine AICP
Planning and Zoning Administrator
POSTED: 5/19/99
1:30 PM
SR
\\OV PZD\PZ1\OV\OV12\1999\OV12-99-7\GRADINGHOANOT.LTR.doc
P-LEY /1 R
4 g ,' ° TOWN OF ORO VALLEY
COMMUNITY DEVELOPMENT DEPARTMENT
• Building Safety • Parks and Recreation
• Planning and Zoning • Transit Services
A
PLANNING&ZONING DIVISION
P° �0,1 11,000 N.La Canada Drive,Oro Valley AZ 85737
v
N D EO Phone: 797-9797 Fax: 742-1022
May 13t, 1999
NOTICE OF REVIEW
BEFORE THE
ORO VALLEY DEVELOPMENT REVIEW BOARD
NOTICE IS HEREBY GIVEN that the Oro Valley Development Review Board will hold a review of a
proposed development on TUESDAY,JUNE 8TH, 1999, COMMENCING AT OR AFTER 6:00
P.M.The subject of the review will be proposed development plan for the following:
OV12-99-7 LA CANADA / LAMBERT LANE COMMERCIAL CENTER DEVELOPMENT
PLAN
A development plan for a proposed retail / commercial center located on the southeast corner of La
Canada Drive and Lambert Lane.The site is bounded on the west by La Canada Drive,to the south by
the Villages of La Canada,to the east by a golf course,and the north by Lambert Lane and the Smith's
shopping center. The proposed commercial development will include a specialty grocery store,a bank,
drug store,restaurant,and a variety of small commercial stores and professional offices.
The hearing will be held at Oro Valley Town Hall, 11,000 North La Canada Drive, Oro Valley,
Arizona.
Members of the public are invited to attend this meeting and will be given an opportunity to speak.An
agenda for s meeting will be made available at least 24 hours prior to meeting time. Should you have
any qu- ons about 's atter,please contact David Marsh at(520)797-9797 ext.311.
Lam►
Brya ne AICP
Planning and Zoning Administrator
POSTED: 5/13/99
11:30AM
SR
\\OV PZD\PZ1\OV\OV12\1999\OV12-99-7\HOANOT.LTR.doc
A )AVIT OF F PUBLICATION
STATE OF ARIZON?., 1J L
:ss. JUN iy
COUNTY OF PIMA ► STAC:EY ST.I:NSON being first
NOTICE OF
PUBLIC HEARING duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager
BEFORE THE ORO
VALLEY DEVELOPMENT
REVIEW BOARD
NOTICE IS HEREBY GIVEN that of THE DAILY TERRITORIAL, a daily newspaper printed and published in the
the Oro Valley. Development Re-
view Board will hold a public
hearing of a proposed develop-
ment on TUESDAY, JUNE 8TH, County of Pima, State of Arizona, and of general circulation in the City of Tucson,
1999, COMMENCING AT OR
AFTER 6:00 P.M. The subject of
the public hearing review will be
a proposed grading waiver for the County of Pima, State of Arizona and elsewhere, and the hereto attached
following:
OV12-99-7 LA CANADA / LAM-
BERT LANE COMMERCIAL L� ; t;ANAD A/ ._AML ERT
CENTER - GRADING WAIVER - _
LOCATED AT THE SOUTHEAST LANE C:uMMEj-,C:I AL.
CORNER OF LA CANADA �.I'N�,��..
DRIVE AND LAMBERT LANE
ER
The WLB Group, representing -PUBLIC NOT]:C :
the applicant, requests DRB ap-
proval of a grading waiver for this
project. The developer proposes
to reduce the height of two small
hills on site, and change the
overall elevation for the site in
excess of the cut& fill limitations
as indicated in the Town's grad- was printed and published correctly in the regular and entire issue of said THE
ing regulations.
The hearing will be held at Oro
Valley Town Hall, 11,000 North
La Canada Drive,Oro Valley,Ar- DAILY TERRITORIAL for issues; that the first was made
izona.
Members of the public are invited
to attend this meeting and will be
given an opportunity to speak.An on the day of 19
agenda for this meeting will be made available at least 24 hours EMI'i;l"t CIA T�f
prior to meeting time.Should you
have any questions about this and the last publication thereof was made on the day of
matter, please contact David •:t'•.t "f
Marsh at (520) 797-9797 ext.
311. Bryant Nodine Bryant No-
dine AICP Planning and Zoning MAY 19 ;that said publication
Administrator
Pub: The Daily Territorial
May 24, 1999
Req: Town of Oro Valley was made on each of the following dates,to-wit:
pniacana 5/24/99 do
24/9'"
Request of OWN OF ORO VALLEY
•
Daily
Territorial
By „ea.:5'c.\,
1
Subscribed and sworn to before me this day of
�•t h
1 g OFFICIAL SEAL
DAWN LEIGH DOUGALL
NOTARY PUBLIC-ARIZONA
riN4S-k-0
PIMA COUNTY
My Corm. Ex:fires Sept.20,2002
Notary Public in and for the County of Pima,State of Arizona
My Commission Expires: Qj
•
ORO VALLEY PLANNING AND ZONING DEPARTMENT
DEVELOPMENT REVIEW BOARD
MEETING DATE: June 29th, 1999
TO: Development Review Board
FROM: David Marsh, Planner I
SUBJECT: OV12-99-7 LA CANADA/LAMBERT LANE COMMERCIAL CENTER
LANDSCAPE PLAN (CONTINUED FROM JUNE 8TH, 1999)
BACKGROUND:
The WLB Group, representing the Beztak Companies, request DRB recommendation for approval of a
project Landscape Plan. The 14.90 acre property is located at the southeast corner of La Canada Drive
and Lambert Lane, and is designated for commercial use under the El Conquistador PAD. The proposed
development will consist of a grocery store, a drug store with drive-thru, a bank, restaurants, and
approximately 33,000 SF for retail shops. The development will also feature a large number of
sidewalks, links to the planned Lambert Lane Multi-Use Path, a pedestrian plaza with outdoor seating
areas for restaurants, and several water features. The property is abutted on the north by Lambert Lane
and the Fry's commercial center, to the east by a drainage channel and a golf course, to the south by the
Villages of La Canada, and to the west by La Canada Drive and the soon to be constructed Canada
Crossroads commercial development. The site is still in its natural state, with a small wash, two small
hills, and large amounts of vegetation. This landscape plan is dependent on approval of a grading waiver
application to be reviewed by the DRB at its June 29th, 1999 meeting. This project is also dependent on
approval of a conditional use permit to replace an existing utility pole, which will be reviewed by the
Planning &Zoning Commission at its July 6th, 1999 meeting. This item was continued from the June 8th,
1999 DRB meeting.
SUMMARY:
OVZCR Buffer Yard standards require a Buffer Yard D along the north, west, and southern edges of the
development. The landscape plan satisfies these requirements, as well as those of the El Conquistador
PAD.
The applicant has elected to utilize a 20' Buffer Yard D along La Canada Drive and Lambert Lane, and
a 17' Buffer Yard D along the south edge of the property, which will satisfy the requirements of the
PAD and the OVZCR. The La Canada and Lambert Lane buffer yards will consist of sections of a low
decorative wall, with variety of understory vegetation and trees, which will include palo verdes,
mesquites, redrock oak, gold trailing lantana, and yellow yucca. The buffer yard along the south side of
the property has been designed at 17' in width, as to match the 17' landscape buffer provided along the
northern half of the Villages of La Canada. The buffer yard will consist of chilean mesquites, sweet
a
-.►
acacia, transplanted mesquites and palo verdes, and understory vegetation, all utilized as a screening
element for several retaining walls. While a landscape buffer yard is not required on the eastern edge of
the site, the developer has proposed a 25' wide buffer with transplanted mesquites and palo verdes,
acacia, and understory vegetation. The applicant has also proposed to utilize the Wooly Butterfly Bush
in the landscape plan, which is not on the Oro Valley approved plant list. Staff has reviewed the pollen
and drought-resistant characteristics of the plant, and recommends approval of its use.
In a similar manner to the Target Center and the Home Depot Center, the applicant has been required to
provide a trailhead area, in this case to link the project to the planned Lambert Lane Multi-Use Path,
which will run immediately to the south of Lambert Lane. The applicant has also provided water feature
and turf area at the northwest corner of the site, as well as a pedestrian plaza and fountain area. The
pedestrian plaza area will feature a `stream element', which does promote an oasis-like feel; however,
this element is in direct conflict with General Plan Policy 8.1R, "encourage water conservation." Staff
recommends that the water be used in the `stream element' by recycled as a means of promoting water
conservation. The applicant has also proposed Date Palms for use in the pedestrian plaza area, and while
they are prohibited under the 25' height restriction for non-native vegetation in the OVZCR, palms are
permitted under the El Conquistador PAD. Staff recommends that any palms used on site be limited to
types which will not exceed 25' at maturity.
There are several aspects of the landscape plan which are not in compliance with OVZCR. Staff has
placed a condition that all loading bays be screened by a 6' high opaque wall, and all trash dumpsters be
screened by vegetation, as per the requirements of the OVZCR. In addition, Staff has requested that the
Santa Rita Prickly-Pear located in the landscape buffer immediately adjacent to the bank atm drive-thru
lanes be replaced with another type of vegetation with a more "vertical" element, as the code requires
atm drive-thrus to be screened with a minimum of 3' high vegetation. All other aspects of the landscape
plan for site meet the requirements of the OVZCR.
GENERAL PLAN COMPLIANCE:
The landscape plan submitted by the applicant is in general compliance with the Town of Oro Valley
General Plan. The landscape improvements proposed "mitigate negative visual impacts of buildings and
parking lots" as required by Policy 9.1H of the General Plan; however, as stated above, the `stream
element' of the landscape plan is not in conformance with Policy 8.1R, "encourage water conservation".
RECOMMENDATION:
Staff recommends approval of the proposed Landscape Plan for the La Canada/Lambert Lane Commercial
Center, subject to the conditions listed in Exhibit"A", and approval of the grading waiver for this project.
Attachments:
1. Exhibit A
2. Reduction of the Landscape Plan.
F:\OV\OV12\1998\12-98-17\LPDRB.RPT
2
M
j
EXHIBIT A
CONDITIONS OF APPROVAL
OV12-99-7 LA CANADA/
LAMBERT LANE COMMERCIAL CENTER
LANDSCAPE PLAN
1. As per the requirements of the OVZCR, all loading bays shall be screened with a 6' high opaque
wall.
2. All trash dumpsters shall be screened by a 6' high masonry wall and vegetation.
3. The Santa Rita Prickly-Pear located in the landscape buffer immediately adjacent to the bank atm
drive-thru shall be replaced with vegetation with a"vertical element' of at least 3' in height.
4. All palms used in this project shall not exceed 25' in height at maturity.
5. The `stream' element of the pedestrian plaza area shall recycle all water.
6. A direct path shall be provided across the `stream element',between Building 1 and the
physically disabled parking spaces north of Building#1.
7. The landscape plan shall be amended to show the 8' wide asphalt path connecting the trailhead
area to the Lambert Lane Multi-Use Path and to Building#1.
8. Conditions 1 thru 6, listed above, and any additional DRB conditions, shall be submitted with a
revised landscape plan, prior to scheduling the plan for Town Council.
3
r
MINUTES OF THE
ORO VALLEY DEVELOPMENT REVIEW BOARD MEETING
Tuesday June 29th, 1999
CALL TO ORDER: 6:10 p.m.
ROLL CALL:
Present
Patti Jo Lewis, Chair
Mary Glueck,Vice Chair
Jim Vogelsberg,Member
Verlin Smith,Member
Nancy Mager,Member
Barbara Bell,Member
Richard Underwood
Others Present:
Valerie Feuer, Senior Planner
Paul Nzomo, Engineer
David Marsh,Planner I
Shirley Gay,DRB Clerk
MOTION: Moved,Seconded(Mager/Glueck) and carried by a 6-0 vote(Smith-
absent)to approve the June 8th, 1999 Development Review Board Meeting
Minutes,subject to the following changes:
Member Smith absent.
Page 4,3rd Paragraph:
"...La Canada Road expansion should read,Lambert Lane expansion..."
Page 5,2nd Paragraph:
"...regarding the La Canada Road expansion should read,Lambert Lane..."
CONSENT AGENDA
06-29-99 Development Review Board Minutes Page 2
A. OV12-99-22 Stone Canyon 2 Preliminary Plat,Golf Course Overlay Zone lots
B. OV12-98-1 Stone Canyon Golf Course Landscape Plan Amendment
MOTION: Moved, seconded (Underwood/Mager) and carried by a 6-0 (Smith absent) vote
to recommend approval of Consent Items A and B.
Member Smith joined meeting.
REGULAR AGENDA
PUBLIC HEARING: OV12-99-7 GRADING WAIVER, LA CANADA/LAMBERT LANE
COMMERCIAL CENTER(continued from June 8, 1999 DRB meeting)
Paul Nzomo introduced the staff report into the record. This project was continued from DRB
meeting of 6/8/99 because it did not meet the Town of Oro Valley code. The applicant WLB
Group In. is representing the owner's request to exceed the cut/fill provision of the Grading
Ordinance. The property is abutted on the east by a golf course and soil cement channel, to the
south by La Canada Villages Block A, to the west by La Canada Drive and to the north by Lambert
Lane. The site has a good fall for the drainage as well as sewer fall. Hence, the site can be
developed and meet all the above standards without a grading waiver. The Public Works
Department staff has reviewed the grading exception request for this development and recommends
denial because the project does not meet all the six standard criteria.
David Williams, WLB, thanked staff for all the work that has gone into this project. He
commented he had spoken with Mr. Nzomo about meeting the criteria and hoped to explain how
the project met the six standards for the grading waiver. The project location is the southeast corner
of Lambert Lane and La Canada. This site has been a part of Canada Hills since the original
conception and zoned by the Town in the late 1980's for community commercial center. He
pointed out where the shopping center would be and the three fountain areas along with the parking
lots as well as pedestrian walkways and seating areas. There would be 125,000 square feet of
building area. The front would have arch covered walkways. We have redesigned this site four
times. We have also redesigned the driveways in order to meet staff standards. We are within the
six-foot cut and the six-foot fill for eighty percent of this site. The grading waiver request is
affecting 20 percent of the site. Mr. Williams pointed out what areas would be affected by the
waiver. He commented that many areas in Canada Hills were built on cuts and fill that far exceed
the six-foot cut. He provided photos of the site with different angles of the building in place to give
the Board Members an idea of how it would look. Mr. Williams stated he spoke with the managers
of the golf course showed them the plan and they had no objections to the grading waiver. Mr.
Williams proceeded to explain how the project met the six criteria. The first criteria, relates to is
the property buildable. Mr. Williams stated he felt the property is buildable. The second criteria,
relates to minimum cuts and fills necessary in order to develop the site for commercial uses as
planned and zoned, under sound and accepted engineer practice. We feel this is the minimum
•
06-29-99 Development Review Board Minutes Page 3
necessary to allow the center to be developed given the constrained standards needed to live with
for public safety purposes. Third criteria, we feel there are two isolated hills, we feel they are man
made they are not natural slopes. The other projects around this property have been developed and
have exceeded the cut and fill. The fourth criteria, we have redesigned this plan four times, our
intention is to develop the subject property for planned accepted and zoned land uses. In order to
respond to the unique conditions of this site, the design has been revised in several ways. We feel
it's a hardship to require a six-foot compliance of cut and fill. Similar properties have had greater
cuts and fills. The fifth criteria, this is not a custom home-site, it's a commercial center and most
centers have floors of the same elevation. This design has been altered to respond to topographic
features and adapted to build to the land as intended by Oro Valley's grading ordinance. The final
criteria, we know we can't make everyone happy but we feel we have come up with a design that
meets the intents and spirit of the Town's grading ordinance. The additional cut and fill requested
will not be materially detrimental to the right of the property owners.
PUBLIC HEARING OPENED
Rosemary Fruend, 10503 N. Fairway Vista, commented she lives next to this site, and when they
moved to Autumn Hill it was to enjoy the views of the hills and the desert area. The hill has charm
and a sense of privacy. There are homes who would look and see this development,I say we do not
need another shopping center and the hills do not need to be leveled. Leave the hills alone.
Vincent Baiocchetti, 989 W. Fox Ridge Lane, stated he served on a planning commission in
another state for 13 years, he understands the function of planning and zoning enforcement's. The
planning development is used by homeowners and businesses to determine if they want to move in
a particular area. Waivers cause problems, he feels it's important to follow the plan, things should
only be changed in extreme cases. Reason for changes are due generally for profit/construction
costs. Rarely does the plan ever profit the town or the citizens. The hills are a unique screening, if
you are going to err always err on the side of the community for no change.
Bonnie Harris, 1212 W. Desert Greens Way, felt the land is buildable it does not need a waiver.
She likes the hill as it is. The hill acts as a natural buffer to the homes that live around it and should
be left alone. The Town makes rules and laws that we must abide by, only in extreme cases should
a variance be granted and there is nothing here extreme enough for that variance. Rarely does the
plan ever profit the Town. We have unique screening and I would like to leave the hill as it is. If
the hill were to be taken down it would affect the noise and the lighting in Autumn Hill. It is not
necessary for the Town to grant this waiver there is no reason to.
Geo Jae, 10262 N. Hacienda Hermosa, he would like to see the grading waiver denied. People
have been coming before this Board to make sure our hills remain intact and are not graded away. I
would ask the Board to deny this waiver.
Jim Ruhman, 10380 N. Hacienda Hermosa, commented he lives directly behind the northwest
corner of the property. He asked the Board to support the residents. The developer bought the
property as is, the objective of a grading ordinance is to require for post development plan to
accommodate existing conditions. Please vote no to the request of the developer. Require them to
06-29-99 Development Review Board Minutes Page 4
submit a plan that would require them to develop without the need of a grading variance. The
challenge to the Board is hold the developer responsible to develop this property as close to as is, as
possible. Please ask yourself could this property be built on without a waiver. I ask the Board to
look strongly at the six standards that need to be met. I'm asking the developer to build to the
existing land not the land to conform to the development. This land can be developed without a
waiver.
Russ Rumley, 11091 N Tapestry Drive, commented he had been in Oro Valley one year. He comes
from an area in Colorado that is heavily zoned. He has seen how variances have been given and the
neighborhoods have been sacrificed. What is the benefit of granting the waiver, what is really
served by it, is it serving the community, who are the tenants. If no change is made what is the
benefit of no change. He expressed he would like to see the site developed with the existing zoning
requirements, and the waiver be denied.
Rich Young, publisher of the Oro Valley Times, provided pictures for the Board which showed the
views from the back of his home, several homes will be effected by this development, all seventy
lots would not approve of this waiver. He commented that this developer bought the land as is at a
cheap price because of the hill. Now they want to grade the hill. He commented that the developer
would leave if they could not get the waiver,well I'm telling you the developer is not going to leave,
that is just a bluff. Mr. Young stated he is for the development of that site but not at the expense of
taking down the hill.
Jerry Roberts, 10280 N. Cmo. Valdeflores, one thing that is not shown is the people that live in the
Rancho Feliz area, when that project is built, they will be looking at parking lots. A lot of people
will be effected by this development. I don't feel a grading waiver is necessary, build with what is
there and work with the community, it can be done. I ask the Board to have the developer work
with the people. Vote no on the grading waiver.
Karen Stratman, 1707 Placita Caracol, commented when she bought her house she spent more time
on her own landscaping than what been given to this development. What will the drainage do once
the site is covered by a parking lot? Where is it going to go will the Town be responsible for the
drainage? What about the added traffic volume. A lot of people will be effected by this
development. She doesn't feel that the developer needs a grading waiver. No one wants to see
parked cars,please vote no on this grading waiver. There are other possibilities. She would like to
see variety and creativity for this corner. Walgreen's gave up their hill, why can't these developers
do the same. The Walgreen's site looks very nice. Please vote no on this waiver.
Bill Adler, 1720 N. Eagle Eye Place, commented we need to preserve and conserve. Mr. Williams
tried to justify the need for the waiver by using the questionable judgment grading on other
properties. Each project should be looked at on its own merits. Always trying to look at the
opportunity to make something better than the past. I would say look at this property on its own
merit. Consistency on its own is not a valid justification. It is possible to work out the issues with
the residents. This property seems to be created with a specific retail use in mind. A specific retail
use has space requirements which require a waiver. To me, that's granting a special privilege. The
conditions on the property are unique they do not effectively deny improvements. The developer
06-29-99 Development Review Board Minutes Page 5
needs to come back with a different plan. Only two of the six findings comply with this project.
Four of the standards are not met and you can't justify the waiver. There are alternatives, give the
developer a chance to come back with a different plan.
Greg Kish, 861 W. Annadale, stated he accepts that that property will be developed as commercial.
He is against the grading waiver. He asked are the peak heights consistent with the other projects
in the area. He also expressed concern about the peak flows from heavy rains. Can the Town cover
if a problem arises from the rain flow.
Ro Young, 10421 N. Autumn Hill, felt that the developer was not listening to the people that
they want something different. This can be a workable piece of property; the further back it sets
the less impact it will have on the residents. There is also the issue of the telephone pole, I see
there is another letter to come back to get the telephone pole again. The developer keeps coming
back and back until they finally ware down the people and then get what they want.
Valerie Feuer wanted to clarify that this is not the same developer as the Villages, the
engineering firm is the same,but the issue with the conditional use permit and why its going
back to the commission, is because there was an error, all the people that were required did not
receive notice. We don't normally see issues keeping coming back, such as the issue with the
pole.
Ann Rose, 1161 W Desert Way, wanted to make one point; she is against the variance. Her point
was to the developer, that this is an opportunity for them to establish some integrity. Work with
the residents and make a change that would please all of the community.
PUBLIC HEARING CLOSED
Five minute recess.
Mr. Hank Nelson, representing the developer Beztak, commented he has developed in Oro
Valley since 1985, He developed the Village of La Canada, Rooney Ranch Center, and also the
Golf Villas of Oro Valley. For the record in the Villages of La Canada the cuts and fills where
much larger than 20 feet and much deeper than six feet. He would like to clarify a comment that
was made by Mr. Young,we did not purchase that site for pennies on the dollar as a matter of
fact we have not bought the site yet. It doesn't close until tomorrow. We will pay market value
for the sight. It has been in the plan for Oro Valley from day one as a commercial site. When a
Town creates a corner like this one and calls it a commercial center, there is an obligation to
allow the site to be developed as has been ruled and named. It is true that you could build on this
site. Would it be economically viable as a commercial center if you took out 20 percent of the
dirt, I don't think so. We are allowed to cover 31 percent of the property with building floor, are
plan as it stands today is 19 percent of the site with building floor. We may have to look at
different uses, under the zoning code we are allowed to put single family houses if we wanted to,
or apartments. Staff and others asked us to try and make a viable commercial out of it. I am here
tonight asking to make this property developable for us, it is not developable now as is. It has
06-29-99 Development Review Board Minutes Page 6
been in the plan from day one to be a commercial center and we feel like we have operated
within the restrictions and now trying to capitalize on the opportunity.
David Williams, WLB,we have appreciated the comments we have heard tonight and the time
people have taken to express their concerns. It was stated that many homes can see this sight, if
you have been out to the site there is only one subdivision that sits higher than the site. There are
four or five homes at most that look directly at this site. The Oro Valley General Plan is one of
the most intensive public input document this Town has undertaken and it's a very good
reflection of where this Town wants to go. There has never been any other reason that this land
would be developed as a commercial center. This is consistent with Oro Valley's General Plan.
Commercial opportunities in Oro Valley are encouraged to make the most of the designated
locations by constructing substantial attractive buildings with full improvements convenience
and safety. This is the type of project that we are bringing to the Town unfortunately it needs a
grading waiver and we feel that waiver falls within the standards. We feel the market is read to
bring in tenants. We ask for approval of the grading waiver.
Member Underwood commented he has lived in Oro Valley for fifteen years, some projects
would have not gotten built without waivers. Member Underwood feels that the hill is ugly, the
site is not viable without the waiver. But if the residents love it they love it. Is there any way to
compromise the building, like shift things keep a part of the hill and create a nice seating area in
back of the hill? We would have to grant a waiver for the rest of the site,but would it be
possible to do something like that.
David Williams replied we don't see it that way, we have looked at keeping the hill, we can go
back and rework the plan but we have abandon the ideal of trying to save the hill. It works
against the design and against the concept. Member Underwood commented that the grading
waiver should tie to the architecture, we need to look at the whole picture. Member Glueck
agreed with Member Underwood, the hill has an attachment to the residents,but she is not
convinced that all six standards have been met. Why does something have to be so set in stone is
there no room for compromise. David Williams commented that we are open to design ideas but
feel there is a need to remove the hill. Member Underwood said what if the hill is re-engineered
partly taken down and heavily planted as a buffer. Mr. Williams replied that the widening of
Lambert Lane would eventually impact the hill. Member Smith stated that everyone knows its
commercial but not necessarily a commercial center and would vote against granting the waiver.
Member Mager felt the plan should be redone. Member Mager wanted to clarify with Mr.
Williams,was she correct that WLB would rather not come back with a plan than includes the
hill. Mr. Williams replied yes. Member Mager asked would the developer appeal to Council.
Mr. Williams replied he did not know if they would appeal to Council, there is a good possibility
if the waiver is denied. Our request is action tonight,we would preferred this be approved.
Member Bell commented looking at the scale of the development to her it doesn't seem to fit.
What is aesthetically pleasing, is there some way to work this out,possibly scale back to keep the
hill. We should keep looking at this and keep it more viable to where the Town is happy and the
developer is happy. Mr. Williams stated we are willing to come back but we are not going to
make everyone happy.
06-29-99 Development Review Board Minutes Page 7
Valerie Feuer explained that the alternatives could be. It doesn't look like anyone is willing to
approve it as is. But it could be approved with conditions that would meet the design
considerations. Secondly it could be denied but also with that denial, state those concerns and
issues should the developer appeal to the Council those concerns would be a part of the record.
Finally it could be continued, but that is not the desire of the applicant. Member Vogelsberg
commented about the viewscape from the back of this building. Is there any way to design
around it and maintain a part of the hill.
Charlie Hulsey, WLB, commented can we move buildings, we have already been though that
process. We have tried not to bring a plan that would not work, however we would like an
opportunity for a work session, it will give the Board Members a better understanding of what
goes into a commercial center. Member Glueck welcomed a work session as long as it's not a
lecture but a discussion, she would consider a better plan. Valerie Feuer thought a work session
would be valuable if the intention is to understand that process. If the Board felt that anything at
all would come out of the session then have it,but for this project to continue, she felt they
would not be getting anywhere. Member Mager felt it would not change her mind. Member
Smith agreed with Member Mager it would not change his mind.
MOTION: Moved, seconded (Smith/Mager) and carried by a 4-3 vote (No
Underwood/Vogelsberg/Lewis) to deny Grading Exception Request for La
Canada/Lambert Commercial Center Development Plan OV12-99-7.
Discussion of motion: Member Mager wants it known that she has moved into that area of the
commercial center and she welcomes it. She does not agree with this plan and does not support
it and votes to deny as she felt it could be built without a waiver. Member Glueck asked if the
motion is denied can an amendment be added if it goes to Council for appeal can there be a study
session between DRB and Council before it goes to council so this can be discussed. Valerie
replied if the person who made the motion and the secondary agree to that, then it could be
added. Member Smith asked what does taking this to a study session going to do. He does not
agree to amend the motion. He stated he felt it could be built without a waiver. Member Bell
agrees it is a buildable site without the waiver. Member Underwood stated he would vote against
it because he felt the site requires a waiver. Member Glueck commented she would vote against
the waiver because the site is buildable, she is uncomfortable with the lack of compromise and
besides all the standards have not been met.
OV12-99-7 LA CANADAJLAMBERT LANE COMMERCIAL CENTER DEVELOPMENT
PLAN(continued from June 8th, 1999)
This item was continued from the June 8th, 1999 DRB meeting.
David Marsh introduced the staff report into the record. He briefly went through the report, as it
06-29-99 Development Review Board Minutes Page 8
was the same information from June 8th meeting. He stated Staff recommends approval of the
proposed Developed Plan for the La Canada/Lambert Kane Commercial Center subject to the
approval of the grading waiver for this project.
Paul Nzomo introduced the engineer's report into the record. A traffic analysis was prepared for
this project. At full "build out", the project is expected to generate 12,174 daily trips if each
parcel attracts individually. The proposed site will consist of a drive-in bank on the corner and
two small office buildings on the south side of Lambert Lane. Driveways to the north align with
existing driveways to the retail center on the northeast corner of La Canada Drive and Lambert
Lane, except that the low volume on the eastern driveway is slightly east of the driveway on the
north side. The site is affected by offsite drainage from the intersection of La Canada Drive and
Lambert Lane. Under existing conditions, all the flows drain northwest to southeast through the
proposed Villages of La Canada subdivision into the soil cement channel. The applicant has
submitted an application for a grading exception request. The Staff does not support approval of
the grading exception because the applicant has not demonstrated any engineering reasons to
justify this exception.
Member Smith questioned why are we even looking at this if the waiver has been denied.
Valerie Feuer replied because the applicant has asked this to go forward and if necessary the
Board can vote to deny this because you don't know what the final plan is going to look like
without the grading waiver.
David Willaims, WLB, was available for questions and understands the recommendation for
denial. He felt they have a very good shopping center plan that is worthy of approval but it needs
to be clarified that the denial is solely based on the grading waiver denial. He also stated that
they do not agree with all forty-one conditions, but felt those could be worked out with Staff.
Member Smith commented about the conditions how can we approve the conditions if you only
agree with half of them. Valerie Feuer replied if the item is denied then so are the conditions.
But if the applicant is willing to work out the differences with staff then it could be approved
with the conditions.
MOTION: Moved, and seconded (Underwood/Smith) and carried by a 6-0 vote (Glueck-
absent) to deny OV12-99-7 La Canada/Lambert Lane Commercial Center Development
Plan
OV12-99-7 LA CANADA/LAMBERT LANE COMMERCIAL CENTER LANDSCAPE
PLAN (continued from June 8th, 1999)
David Marsh introduced the staff report into the record. This item is continued from June 8th'
1999. Staff recommends denial of the proposed Landscape Plan for the La Canada/Lambert
Lane Commercial Center subject to denial of the grading waiver.
06-29-99 Development Review Board Minutes Page 9
Member Underwood feels this is a great landscape plan and should be approved.
David Williams agrees with Member Underwood this is a great landscape plan and any details
could be worked out with staff. Mr. Hulsey stated the palms would not be a part of the
landscaping.
MOTION: Moved, seconded (Underwood/Vogelsberg) and carried by a 5-1 vote (Smith
no/Glueck-absent) to approve OV12-99-7 La Canada/Lambert Lane Commercial Center
Landscape Plan subject to staff conditions and stipulating if the Development Plan changes
significantly staff can determine if it needs to come back to the DRB for reevaluation.
PLANNING STAFF CONDITIIONS:
1. As per the requirements of the OVZCR, all loading bays shall be screened with a 6'
high opaque wall.
2. All trash dumpsters shall be screened by a 6' high masonry wall and vegetation.
3. The Santa Rita Prickly-Pear located in the landscape buffer immediately adjacent to
the bank ATM drive-thru shall be replaced wit vegetation with a 'vertical element'
of at least 3' in height.
4. All palms used in this project shall not exceed 25' in height at maturity.
5. The 'stream' element of the pedestrian plaza area shall recycle all water.
6. A direct path shall be provided across the 'stream element', between Building 1 and
the physically disabled parking spaces north of Building#1.
7. As per the requirements of the OVZCR, all loading bays shall be screened with a 6'
high opaque wall.
8. All trash dumpsters shall be screened by a 6' high masonry wall and vegetation.
9. The Santa Rita Prickly-Pear located in the landscape buffer immediately adjacent to
the bank ATM drive-thru shall be replaced wit vegetation with a 'vertical element'
of at least 3' in height.
10. All palms used in this project shall not exceed 25' in height at maturity.
11. The 'stream' element of the pedestrian plaza area shall recycle all water.
12. A direct path shall be provided across the 'stream element', between Building 1 and
the physically disabled parking spaces north of Building#1.
13. The landscape plan shall be amended to show the 8' wide asphalt path connecting
the trailhead area to the Lambert Lane Multi-Use Path and to Building#1.
14. Conditions 1 thru 6, listed above, and any additional DRB conditions, shall be
submitted with a revised landscape plan, prior to scheduling the plan for Town
council.
OV13-99-39 LA CANADA/LAMBERT LANE COMMERCIAL CENTER COMMERCIAL
CENTER ARCHITECTURE
David Marsh introduced the staff report into the record. Staff recommends approval subject to
06-29-99 Development Review Board Minutes Page 10
staff conditions and stipulating any changes caused by the grading waiver denial go before the
planning and zoning administrator.
David Marsh introduced the staff report into the record. This item is continued from June 8th'
1999. Staff recommends denial of the proposed Landscape Plan for the La Canada/Lambert Lane
Commercial Center subject to denial of the grading waiver.
The architecture presented for this project may be described as Mediterranean in style, with several
Contemporary Southwestern accents, and is similar in some way to the architecture approved for
the Oro Valley Retail Center. The proposed specialty grocery store and in-line shop building will
be located on the eastern portion of the site, and will face La Canada Drive and Lambert Lane. The
architecture of this building features numerous elements, including arcading, columns, archways,
parapets, pre-finished metal roof elements, glass entry features, towers with and without stacked
stone veneer finish, and a prominent entryway. The height of the proposed building will vary from
22' to 30', with 36' 8" being the maximum for the specialty grocery store entryway feature. The
architecture complies with General Plan Policy 9.1A, that "building height and bulk should be in
harmony with individual site attributes"; however, it does not comply with Policy 9.1F, that all
building elevations should be "coherently designed and treated".
Valerie Feuer stated that if the project is built the elevations are unlikely to change.
Michael Soto, Seaver Franks Architect, provided colored visuals for the Board. He pointed out
where the fountains were different shops,parking, courtyards and retail areas. He was available
for any questions the Board may have.
Member Vogelsberg commented about the metal roof. Some look great and some look terrible.
He had reservations about metal roofs. He asked Mr. Soto if he had a sample of the roof and he
did not. Mr. Soto replied he would not want to live in a Town where everything looked the
same. Member Vogelsberg asked what would the spacing be on the bands. Mr. Soto replied 24
inches. Member Mager liked the idea of a metal roof. Member Underwood like the rich look of
the metal roof.
Valerie Feuer added additional detail to item four, and expected to be Copper Patina to be
consistent with other shopping corner. Member Bell is pleased with the way the center looks
especially the stone veneer.
MOTION: Moved, seconded (Mager/Bell) and carried by a 6-0 vote (Glueck-absent) to
recommend approval of OV13-99-39 La Canada/Lambert Lane Commercial Center
Architecture subject to staff conditions and stipulating the applicant provide a sample of
the metal roofing to the agenda committee.
PLANNING STAFF CONDITIONS:
1. "Mock" arches shall be added to the drive-thru area on the west elevation.
2. Additional architectural features, such as arch, columns, and varying roof elements,
shall be added to the rear elevations to 'mimic' those features found on the front
elevations of the buildings.
06-29-99 Development Review Board Minutes Page 11
3. The "tower" located at the southwest corner of the drug store shall be shown on the site
plan.
4. Signage is not part of the review, and shall be reviewed separately and shall be expected
to be copper patina to be consistent with corner stores.
5. The applicant shall submit a color palette for the permanent record.
6. A sample of the metal roofing shall come before the agenda committee for approval by
staff.
Chair Lewis reminded the DRB members that this was Verlin Smith's last meeting as he has
resigned from the DRB Board.
STAFF REPORT
Valerie Feuer talked about the up coming agenda and asked the Board would they like to have two
meetings for July as it will be a long agenda. The Board commented they would like one meeting
for July as some of the members had other obligations. A second meeting has been requested for
August 31st, 1999. There will a site tour July 8th at 6:30, meeting at the Safeway parking lot,
transportation will be provided by Member Underwood and Chair Lewis. It is time for the Agenda
Committee to change or renew members. The term is now six months and we are going to change
that time to a year. We are asking for volunteers for the new term. We also have a new DRB
member his name is Bruce Enger and he will be here for the July 13th DRB meeting. The last item
Valerie wanted to bring up was the landscaping at the front of the Golf Villas. The rocks have not
been moved yet. They did follow the landscape plan however, they placed rocks at their discretion.
Our zoning inspector will work with the people at the Villas to get that issue worked out.
MOTION: Moved, seconded (Smith/Vogelsberg) and carried by a 6-0 vote (Glueck —
absent) to adjourn the June 29th, 1999 Development Review Board Meeting at 10:00 P.M.
Shirley Gay
DRB Clerk
JPLLEY qh,�
0 ° TOWN OF OROVALLEY
o .,
COMMUNITY DEVELOPMENT DEPARTMENT
• Building Safety • Parks and Recreation
• Planning and Zoning • Transit Services
4 PLANNING &ZONING DIVISION
P '1 D` 11,000 N. La Canada Drive,Oro Valley AZ 85737
"UN D ED\ Phone: 797-9797 Fax: 742-1022 �.
September 22nd, 1999 \\,
NOTICE OF REVIEW
BEFORE THE
ORO VALLEY DEVELOPMENT REVIEW BOARD
NOTICE IS HEREBY GIVEN that the Oro Valley Development Review Board will hold a review of a
proposed development on TUESDAY, OCTOBER 12TH, 1999, COMMENCING AT OR AFTER
6:00 P.M.The subject of the review will be proposed development plan for the following:
OV12-99-7 LA CANADA / LAMBERT LANE COMMERCIAL CENTER DEVELOPMENT
PLAN
A development plan for a proposed retail / commercial center located on the southeast corner of La
Canada Drive and Lambert Lane. The site is bounded on the west by La Canada Drive,to the south by
the Villages of La Canada,to the east by a golf course,and the north by Lambert Lane and the Smith's
shopping center. The proposed commercial development will include a specialty grocery store, a bank,
drug store,restaurant,and a variety of small commercial stores and professional offices.
The hearing will be held at Oro Valley Town Hall, 11,000 North La Canada Drive, Oro Valley,
Arizona.
Members of the public are invited to attend this meeting and will be given an opportunity to speak. An
agenda for this meeting will be made available at least 24 hours prior to meeting time. Should you have
any questions about this matter, please contact David Marsh at (520) 797-9797 ext. 311, or
orovalle .net
Bry dine AICP
Planning and Zoning Administrator
\\OV PZD\PZ1\OV\OV12\1999\OV12-99-7\HOANOT2.LTR.doc
t .
02/16/00 Minutes, Council Regular Session 4
2. PUBLIC HEARING - ORDINANCE NO. (0)00-09 RESCINDING ORDINANCE
NO. (0)96-05,WHICH ADOPTED THE TOWN COUNCIL POLICIES AND
PROCEDURES,AND RE-ENACT THE POLICIES AND
PROCEDURES BY RESOLUTION
Mayor Loomis opened the public hearing. No comments from the public were received.
Mayor Loomis closed the public hearing.
MOTION: Council Member LaSala MOVED to RESCIND Ordinance No. (0)96-05.
Council Member Bryant SECONDED the motion. Motion carried, 4-0.
3. RESOLUTION NO. ( R)00-19 A RESOLUTION OF THE MAYOR AND
COUNCIL ADOPTING THAT DOCUMENT KNOWN AS "TOWN
COUNCIL POLICIES AND PROCEDURES"
Town Attorney Dan Dudley explained that this resolution would re-adopt the Town
Council's Polices and Procedures that had been rescinded through Ordinance No. (0)00-
09.
Council Member Bryant had concerns with restrictions and was reluctant to approve the
resolution in its current state.
Mayor Loomis agreed with Council Member Bryant that there were issues that needed to
be addressed, however, he would like to have the policy in place and develop a task force
to address the issues.
MOTION: Council Member LaSala MOVED to ADOPT the Town of Oro Valley
Council Policies and Procedures by Resolution No. (R)00-19. Council Member Parisi
SECONDED the motion. Motion carried, 4-0.
Vice Mayor Johnson arrived at 7:25 p.m.
4. OV12-99-7 LA CANADA/LAMBERT LANE COMMERCIAL CENTER
DEVELOPMENT PLAN,LOCATED AT THE SOUTHEAST CORNER OF LA
CANADA DRIVE AND LAMBERT LANE (PREVIOUSLY REVIEWED
SEPTEMBER 1, 1999)
Community Developer Director Brent Sinclair reviewed the report. He explained that
staff had forwarded a favorable recommendation, if all of the conditions listed in"Exhibit
A" are adhered to.
Council Member Bryant stated that he had concerns with traffic, parking, drainage ways,
easements and common areas.
v
02/16/00 Minutes, Council Regular Session 5
Mr. Sinclair concurred that these were legitimate concerns and that some of these issues
had been resolved. He added that there would be agreements made between the developer
and the homeowners association regarding the drainage ways and easements.
Charles Hulsey, with The WLB Group, representing the applicant (Beztak) stated that
there were a number of things that had changed and gave the following update:
• Commitments have been made regarding the landscaping.
• All access points had been moved further away from the intersection than had been
required by Code. Everything is being done in accordance under the direction of the
traffic engineers.
• The flow of the drainage way along the eastern boundaries would not increase.
• Beztak has offered to maintain the wash adjacent to the site and make the necessary
repairs.
• The Homeowners Association (HOA)has granted the developer an egress and ingress
easements to maintain the wash.
Fro Adams, 10160 North Fox Hunt Lane, representing the Villages of La Canada
Homeowner Association. She stated that the HOA had met with the developer and has a
tentative agreement. The following arrangements were made:
• Agreed to grant egress and ingress to maintain the wash for access
• The developer will repair and maintain their portion of the wash
• Drainage ways will not exceed the present level but if an overflow
occurred the HOA and the developer would re-negotiate to determine where the
overflow originated.
In answer to a question from Council Member Bryant, Ms. Adams explained that the
in perpetuity only pertained to the land. She added that if any damage occurred the
developer or owner would be responsible.
Matt Moutafis, 10707 North Pomegranate Drive stated the following:
• That all grading waivers conditions are met
• Disagreed with the widening of Lambert Lane on either side
• Access was very important and there should be some safety precautions implemented
in the development plan
• Water was a very precious commodity and should not be squandered on water
features
Jerry Roberts, 10280 North Camino Valdeflores expressed his satisfaction and
appreciation. He explained that he was in attendance to make sure that the promises
made by the developer were kept in relation to the location of the buildings and
understood the communities concerns.
In answer to a question from Council Member LaSala, Town Engineer Bill Jansen
explained that the amended conditions had been submitted regarding Item 6 and Item 18.
He explained regarding Item 18, staff concurred with half of the friction coat for La
Canada, but recommends the full width for Lambert Lane.
r
02/16/00 Minutes, Council Regular Session 6
Mr. Jansen explained that in regards to Item 6,the engineer shall provide the design
information from the Villages of La Canada Block A which shows how the flows from
concentration points 5 and 6 have been directed away from the guard house on
Congressional Way.
MOTION: Council Member LaSala MOVED to APPROVE OV 12-99-7,La Canada
Lambert Lane Commercial Center Development Plan, subject to the condition in Exhibit
"A" and in addition to the amended conditions to Item 6 and Item 18. Motion
SECONDED by Council Member Parisi.
Exhibit A (*As amended per motion)
Code Issues and/or Town Standards
1. Where not screened by proposed landscaping or perimeter screen wall,
loading areas shall be screened in accordance with OVZCR Sec 11-203B
2. The applicant Shall either:
(a) Resolve issues regarding drainage concerns with the Villages of La
Canada HOA, and provide documentation of a written agreement. Written
permission from the HOA of the Villages of La Canada for the
construction of any improvement on their property is required prior to
submittal of an improvement plan, or
(b) Submit an acceptable drainage study and improvement plan to release
storm water runoff at the flow rate, velocity and location as the existing
conditions without necessitating any off-property improvements.
3. The traffic impact report must include a section that analyzes the internal
circulation by the design vehicle.
4. Determine the actual near side intersection sight distances for driveways
number 5 & 6 and compare them with the required near side sight distances,
then include them in the revised traffic impact report.
5. A final drainage report will be required during the improvement plan review
process. A percolation test is required for the retention basin.
6.* The engineer shall provide the design information from the Villages of La
Canada Block A which shows how the flows from concentration points 5 & 6
have been directed away from the guard house on Congressional Way.
7. The proposed CMP in the R/W along La Canada Road shall require a license
agreement from Public Works. Call out head walls and wing walls for all
inlets and outlets for these CMP's.
8. The southern driveway on La Canada Drive shall be constructed as a right in
out driveway.
9. Construction of the retention basin and spillway shall utilize local rock and
other materials that, combined with revegatation of the basin, create a natural
look.
Review Considerations
10. Architectural plans, especially for Pads A and C and the east side of Building.
2, shall be submitted for DRB approval.
02/16/00 Minutes, Council Regular Session 7
11. Meet with staff to review comments of the revised traffic impact report,
revise the report and resubmit for approval.
12. Improvements along La Canada Drive and Lambert Lane shall require Town
engineer's office review and approval.
13. The traffic impact report must be revised and be approved by Town staff prior
to approval of the improvement plans.
14. The lighting for this development shall conform to the lighting in the
commercial centers to the north and west of the site. A lighting plan for this
development shall be submitted for Staff review prior to issuance of building
permits.
Other Considerations
15. The fair share cost of the maintenance of the existing channel shall be
addressed with the Villages of La Canada HOA and signed by both parties.
16. "Scrubbers" and filters shall be installed on the venting outlets of all
businesses preparing food to mitigate smoke, vapors, and odors. (Add this as a
note to the development plan.)
17. The developer shall install 12' wide pavement and striping on east side of La
Canada Drive and south side of Lambert Lane for the entire site frontage.
18. *A friction coat must be applied to the full width and frontage of the existing
pavement on Lambert Lane and for the east half of the pavement on La
Canada Drive after the new right turn lanes are installed.
19. A striping plan is required for the new configurations of La Canada Drive
and Lambert Lane.
20. Call out cross-sections AA, BB,CC, and EE on page 2. Revise page
3 or remove the reference to detail 6/3 for the basin on page 2.
DISCUSSION: In answer to a question from Council Member Bryant, Town Attorney
Dan Dudley stated that he did not believe that it was appropriate to add a private
agreement between the parties, although some of the conditions could be inserted as long
as the condition were consistent with the law.
In answer to a question from Mayor Loomis, Mr. Sinclair explained that in condition
"2A", the Homeowners Association(HOA) and Villages of La Canada were required to
provide documentation of a written agreement.
Motion carried, 5-0.
5. OV12-99-7 LA CANADAILAMBERT LANE COMMERCIAL CENTER
LANDSCAPE PLAN, LOCATED AT THE SOUTHEAST CORNER OF LA
CANADA DRIVE AND LAMBERT LANE (PREVIOUSLY REVIEWED
SEPTEMBER 1, 1999)
Community Development Director Brent Sinclair reviewed the report. He stated that the
landscape plan presented by the applicant does satisfy the Oro Valley Zoning Code as
well as the El Conquistador PAD. He explained that the features in the proposal would
include linkage to the planned Lambert Lane multi-use path.
02/16/00 Minutes,Council Regular Session 8
MOTION: Vice Mayor Johnson MOVED to APPROVE OV 12-99-7, La Canada
Lambert Lane Commercial Center Landscape Plan, subject to the conditions in Exhibit
"A"herein. Motion SECONDED by Council Member Parisi.
Exhibits A
1. Add to note 1 C "Wooly Butterfly Bush has also been approved for use."
2. Where not screened by proposed landscaping or perimeter screen wall, loading areas
shall be screened in accordance with OVZCR Sec 11-203B.
3. Provide vegetation, a minimum of 3'high, in the 5'-wide landscape buffer for the
entire length of the drive-though stacking lane for Pad C.
4. Add a note that the `stream' element of the pedestrian plaza area shall recycle all
water.
5. Continue the 8' screen wall on the east side south to just north of the retention basin
scupper.
6. Add landscaping on the west side of Building 4 at least as far north as the bike racks.
remove the trees and shrubs from the middle of the loading area at Pad C. Remove
the shrubs from the sidewalk at the northeast corner of Pad C. Remove the shrubs and
tree from the bike rack area on the east side of Pad B.
7. Conditions listed above, and any additional Town Council conditions, shall
be submitted with a revised landscape plan,prior to receipt of a grading permit.
Motion carried, 5-0.
Mayor Loomis called for a recess at 7:50 p.m. Mayor Loomis called the meeting back in
session at 8:00 p.m.
6. OV12-99-19 MIRA VISTA PRELIMINARY PLAT,PROPERTY LOCATED
SOUTH OF TANGERINE ROAD,APPROXIMATELY ' MILE WEST OF LA
CANADA DRIVE
Community Development Director Brent Sinclair reviewed the report. He explained that
it had been determined the subdivision would be mass graded.
In answer to a question from Mayor Loomis, Mr. Sinclair stated that he was unsure as to
why the noise level was not taken into account. He stated most of the traffic would be
generated from pedestrians living in the subdivision.
Charles Hulsey, The WLB Group representing the applicant stated that the recreation
area would be centrally located according to the development plan that had been
previously approved; the wildlife crossing would be maintained with mature growth
vegetation; three parking spaces was an adequate number according to the ordinance. In
conclusion, he stated that the applicant had no objection to any of the conditions.
Hector Conde, 14040 North Lobelia, stated that the park was not easily accessible for
children and should be centrally located.
•
TOWN OF ORO VALLEY Supplement to 4
COUNCIL COMMUNICATION MEETING DATE: February 16, 2000
O: HONORABLE MAYOR & COUNCIL
FROM: Craig Civalier, P.E., Senior Engineer
SUBJECT: ADDENDUM: OV12-99-7 LA CAS1ADA/LAMBERT LANE COMMERCIAL CENTER
DEVELOPMENT PLAN, LOCATED AT THE SOUTHEAST CORNER OF LA
-
CANADA DRIVE AND LAMBERT LANE
Staff has met with the consultant and has resolved some issues relating to the conditions of approval from
exhibit A. I have listed the original condition first with the amended condition following
Original condition:
6. The flows from concentration points 6 and 5 (5 is required by Code) shall be directed by storm drainpipes
into the soil cement channel or retention area.
Amended condition:
6. The engineer shall provide the design information from the Villages of La Canada Block A which shows
how the flows from concentration points 5 and 6 have been directed away from the guard house on
Congressional Way.
riginal condition:
3. A friction coat must be applied to the full width and frontage of the existing pavement on La Canada Drive
and Lambert Lane after the new right turn lanes are installed.
Amended condition:
18. A friction coat must be applied to the full width and frontage of the existing pavement on Lambert Lane and
for the east half of the pavement on La Canada Drive after the new right turn lanes are installed.
RECOMMENDATION:
)0L—
Staff recommends the above changes to exhibit A. ' ►'
P1annin '. -d Zoning Administrator
7,- 1.0„fri- /
Comm •' y p P evelo ment Dir:`tor
• anager
TRIBUTED IVAVCX,4 '4AGEP Fla
116 u;N r D O
'VILLIAM D. ADLER
February 9, 2000
Mayor and Council
ATTN: Town Clerk
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
RE: OV 12-99-7 La Canada / Lambert Commercial Center
Dear Mayor and Council,
I will be on a business trip when the development and landscaping plans for
the above item is heard.
When the grading waiver for this project was approved in September, my
testimony was that the necessary criteria for approving the waiver had not been
addressed by the Council, let alone actually met.
When Mr. Sinclair was asked by Councilmember Bryant whether the waiver
criteria had been met, he could not respond directly. His response was to the
effect that what was before the Council that evening was a concept plan; not a
formal development plan. He went on to offer that as events go forward the
criteria may be met.
I would like Mr. Sinclair's response at this time on the record as to whether
each of the required criteria have been met, with the necessary explanation.
I further testified in September that I felt full access to the Center to and from
La Canada and Lambert would put drivers at an unreasonable risk. I still feel
that way, and see no justification for anything other than a right in; right out
access. Any level of imagination would depict drivers caught in the center area
of both Lambert and La Canada.
Finally, I oppose water features and fountains within any landscaping plan.
Even with recycled water, such features send the wrong message with regard to
water availability and dispensability. Thank you for your attention to these
concerns.
Sincerel
TOWN OF ORO VALLEY 4
COUNCIL COMMUNICATION MEETING DATE: February 16, 2000
TO: HONORABLE MAYOR& COUNCIL
FROM: Bryant Nodine, AICP, Planning and Zoning Administrator
SUBJECT: OV12-99-7 LA CANADA/LAMBERT LANE COMMERCIAL CENTER
DEVELOPMENT PLAN, LOCATED AT THE SOUTHEAST CORNER OF LA
CANADA DRIVE AND LAMBERT LANE — PREVIOUSLY REVIEWED SEPTEMBER
1ST, 1999
BACKGROUND:
The WLB Group, representing the Beztak Companies, requests Town Council's recommendation of approval
for a project Development Plan. The 14.9-acre property is located at the southeast corner of La Canada Drive
and Lambert Lane, and is designated for commercial use under the El Conquistador PAD. The property is
abutted on the north by Lambert Lane and the Fry's commercial center, to the east by a drainage channel and a
golf course, to the south by the Villages of La Canada, and to the west by La Canada Drive and the approved
Canada Crossroads commercial development. The site is still in its natural state, with a small wash, two small
hills, and large amounts of vegetation. An earthen stockpile has been permitted and is clearly visible on the site.
This development plan was recommended for denial by the DRB on June 8th and June 29th of last year because it
is dependent on a grading exception. The grading exception was approved by the Town Council at its
September 1 St, 1999 meeting. As part of the grading exception approval, the Town Council elected to send the
development plan back to the DRB for review. DRB reviewed the project on October 12th and recommended
approval with conditions. This project was also dependent on approval of a conditional use permit to replace an
existing utility pole. The Commission reviewed the CUP on January 4th and recommended approval (it will be
presented to the Town Council at a later date).
SUMMARY:
The Beztak Companies proposes to develop a commercial center on-site, with a total of 115,697 square feet
(SF) of commercial floor space. The proposed development will consist of a specialty grocery store (Bldg. #2),
a drug store (Pad C) with drive-through, a bank (Pad A), and approximately 53,000 SF for retail shops and
restaurants. The development will also feature a large number of sidewalks, links to the planned Lambert Lane
multi-use path, a pedestrian plaza with outdoor seating areas for restaurants, and several water features. The
development will have vehicular access off of Lambert Lane and La Canada Drive, with 531 parking spaces and
44 bicycle spaces. The development plan is discussed in detail below.
OVZCR and El Conquistador PAD
The development plan has been revised to bring it into conformance with requirements of the OVZCR and El
Conquistador PAD. Forty-four bicycle parking spaces have been included, Pad A and Pad C have adequate area
to be screened by a minimum 12' wide landscape buffer, and the drive-throughs can be screened by 5' wide
landscape buffers. However, there are still issues related to drainage, as presented below, and there are two
loading bays that do not appear to be screened with landscaping and walls in accordance with Sec 11-203B.
(Conditions have been added to address these issues.)
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 2 of 4
Design Issues & Oro Valley Design Guidelines
The proposed development plan features a variety of amenities, such as water features, a pedestrian plaza with a
fountain and an outdoor eating area, as well as additional landscaping and sidewalks throughout the plan. The
applicant has made several modifications in the development plan since the grading exception was approved,
including: preserving more of the hill on the northeast corner of the site to meet the intent of the grading
exception; providing a patio in the southeast corner of the site; and combining Buildings 1 & 2 to allow for a
larger pedestrian plaza area and increased views of the Santa Catalina Mountains. The applicant has also
proposed to construct a sidewalk along La Canada Drive to connect the development with the Villages of La
Canada to the south and has added several raised pedestrian crossings (see detail 8/3) within the parking area as
a traffic calming measure.
In terms of the Oro Valley Design Guidelines, Staff has placed a condition that the retention basin and spillway
be constructed utilizing local rock and natural materials, and that the basin itself be revegetated. Staff also is
concerned over the architectural and aesthetic impacts of the change in the plan since it was reviewed by DRB.
For one, Pad C will be a building of considerable mass at a corner location. Also, the 8' screening wall on the
east side of the property barely screens the loading docks, and the trees in that area, even though large (36"
box), would only screen one-third to one-half of the 35' building (the finished floor is 7' above the finished
grade of the access drive on the southeast corner and the building rises 28' above the finished floor).
Accordingly staff recommends that the architecture be returned to DRB for review, especially for those
.elements
that have changed significantly such as Pad A and C and for the back of Building 2.
Traffic
There are six proposed access points, three on La Canada Drive and three on Lambert Lane. The driveways
closest to the intersection of Lambert Lane and La Canada Drive, as well as the southern driveway on La
Canada Drive, will be restricted to right-in and right-out turning movements. A revised traffic impact report has
been submitted for this development and has been reviewed by staff. Although additional corrections to the
report will be needed, staff does concur with the recommendations proposed by the report with a few
adjustments. The adjustments are the southern driveway on La Canada Drive be a right-in, right-out driveway;
the full access driveways must be at least 36-ft wide; and raised medians shall be installed at all right-in, right-
out driveways to prohibit left turning vehicles.
Staff will meet with the traffic engineer to review our comments to the revised traffic impact report. Additional
recommendations may follow as a result of our meeting. Such as the recommendation for determining the
length of proposed left turn pockets, possibly adjusting the existing left turn pockets and signal timing
adjustments.
A condition of the DRB approval was.that the internal circulation of the design vehicle through the site be
analyzed as part of the traffic impact report. This information is outstanding and is critical because of the large
design vehicle which the engineer has determined to be a WB-50. If the design vehicle cannot circulate because
of the possible site constraints, then adjustments to the site maybe needed.
Drainage
The property generally slopes from the northwest to the southeast. An existing wash borders the east property
line. The wash has a cemented earth lining and carries 2227 cubic feet per second (cfs) during the 100-year
rainfall event. The commercial use of the parcel will require 5-year threshold retention to be provided.
• TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 3 of 4
A condition of the Development review Board approval was, "The applicant shall resolve issues regarding
drainage concerns with the Villages of La Canada HOA, and provide documentation of a written agreement
prior to resubmittal for Town Council review. Written permission from the HOA of the Villages of La Canada
for the construction of the spillway into the existing soil cement channel is required prior to forwarding the
development plan to Town Council. The fair share cost of the maintenance of the existing channel shall be
addressed with the Villages of La Canada HOA prior to the development plan going to Town Council." Though
this condition has not been met, it is not a Code issue and is therefore forwarded for your consideration.
The applicant indicates that they have had difficulty in contacting the Villages of La Canada HOA to resolve
this issue. The engineer discussed an alternative with staff at a meeting held late on Monday, January 30, 2000.
The alternative, if feasible, would meet Code by releasing storm water runoff at the flow rate, velocity and
location as the existing conditions and would not require any improvements to drainage structures off property.
A revised drainage report is required to be submitted for review so that staff can analyze this alternative. The
condition for establishing a fair-share maintenance agreement with the HOA is still included for your
consideration, although it too is not a Code issue. Without having an approvable revised drainage report the
affects of this proposal on the present development plan cannot be determined at this time.
Another area of concern is that the proposed drainage is sending additional storm flow south on La Canada
Drive to an area downstream that already has drainage problems namely the Villages of La Canada
Oguardhouse on Congressional Way. Staff recommends that this flow be sent to the proposed retention pond at
the southeast corner of the site. This additional flow comes from the intersection of La Canada Drive and
Lambert Lane and presently flows on to and through the Beztak property in a southeast direction entering the
eastern drainage channel somewhat to the south of the property line. Thus the recommended diversion would
closely follow the existing conditions. This is included in the conditions as a requirement to meet Code
(Section 4-504 D7).
Grading
The site will be mass graded. Town Council has approved a grading exception with conditions for this
development. A time limit of two years was placed on the grading exception as a condition of approval. The
applicant has worked with Staff and revised the grading plan to ensure that the conditions of that exception have
been met.
Citizen Concerns and Notification
Most of the issues related to citizen concerns were addressed during the grading exception process. Other
concerns are:
• The overall layout of the devejopment plan and the large amount of parking in the front of the
building these elements meet the requirements of the OVZCR and have been reviewed by the
DRB.
• Increased traffic on Lambert Lane the Town Engineer will require additional road improvements as
identified in an approvable traffic impact analysis.
• • Light pollution and odors Staff added a condition that the lighting for this project be consistent
with the Fry's center and Canada Crossroads, and that "scrubbers" and filters be installed on venting
outlets for all businesses who prepare food.
• Drainage issues as addressed above.
TOWN OF ORO VALLEY
OCOUNCIL COMMUNICATION Page 4 of 4
The Villages of La Canada HOA and others were notified of this hearing as this report was being written. Staff
will report any future contact or comments with affected citizens at the hearing.
GENERAL PLAN COMPLIANCE:
The La Canada/ Lambert Lane Commercial Center Development Plan is in compliance with the policies of the
Town of Oro Valley General Plan, and the proposed use is consistent with the Neighborhood Commercial
designation for the site.
DRB REVIEW AND RECOMMENDATION:
In October, DRB reviewed this plan and recommended approval (3-1) with the minority, nay vote based on
concerns that there were still many improvements that could be made and issues that still needed to be
addressed. At the meeting DRB, following staffs recommendation, eliminated the loading bay for Pad B. The
conditions presented herewith are those recommended by DRB with the exception 2b, 6, 8, 9, 11, 12, 13, and
20, which were added after DRB review to move the project forward for Council consideration, due to new
information provided by the applicant, or to correct errors in the latest submittal.
RECOMMENDATION:
Staff recommends approval of the proposed Development Plan for the La Canada/Lambert Lane Commercial
AikCenter, subject to the conditions listed in Exhibit "A".
SUGGESTED MOTION:
I move to approve OV 12-99-7, La Canada Lambert Lane Commercial Center Development Plan, subject to the
conditions in Exhibit"A"herein.
OR
I move to approve OV 12-99-7, La Canada Lambert Lane Commercial Center Development Plan, subject to the
conditions in Exhibit"A"herein, and the following additional conditions:
OR
I move to deny OV 12-99-7, La Canada Lambert Lane Commercial Center Development Plan.
ATTACHMENTS:
1. Exhibit"A" 6 .2
2. Reduced Copy of Development Plan
/b(61/11 </r
Planni d Zoning Administrator
F:\OV\Ov12\1999\0V12-99-7\DPTC3 report.doc Com unity Developme irector
•
To Manager
•
Le, ./647
EXHIBIT A
CONDITIONS OF APPROVAL
OV12-99-7 LA CANADA/
LAMBERT LANE COMMERCIAL CENTER
DEVELOPMENT PLAN
Code Iss es and/or Town Standards
1. ere not screened by proposed landscaping or perimeter screen wall, loading areas shall be screened in
accordance with in accordance with OVZCR Sec 11-203B.
2. Th- applicant shall either:
a) Resolve issues regarding drainage concerns with the Villages of La Canada HOA, and provide
documentation of a written agreement. Written permission from the HOA of the Villages of La
Canada for the construction of any improvement on their property is required prior to submittal of
an improvement plan, or
b) Submit an acceptable drainage study and improvement plan to release storm water runoff at the
flow rate, velocity and location as the existing conditions without necessitating any off-property
improvements.
3. he traffic impact report must include a section that analyzes the internal circulation by the design vehicle.
4. II etermine the actual near side intersection sight distances for driveways number 5& 6 and compare them
with the required near side sight distances, then include them in the revised traffic impact report.
5. A final drainage report will be required during the improvement plan review process. A percolation test is
required for the retention basin.
5 The flows from concentration points 6 and 5 (5 is r ode) shall be directed by storm drainpipes
into the soil cement channel or retention area. ui ed by CW�� cd-� . • -
7. The proposed CMP in the R/W along La Canada Road shall require a license agreement from Public
Works. Call out head walls and wing walls for all inlets and outlets for these CMP's.
8. The southern driveway on La Canada Drive shall be constructed as a right in, right out driveway.
9. Construction of the retention basin and spillway shall utilize local rock and other materials that, combined
with revegetation of the basin, create a natural look.
Review Considerations
10. Architectural plans, especially for Pads A and C and the east side of Building 2, shall be submitted for
DRB approval.
11. Meet with staff to review comments of the revised traffic impact report, revise the report and resubmit for
approval.
12. Improvements along La Canada Drive and Lambert Lane shall require Town Engineer's office review and
approval.
13. The traffic impact report must be revised and be approved by Town staff prior to approval of the
improvement plans.
14. The lighting for this development plan conform to the lighting in the commercial centers to the north and
west of the site. A lighting plan for this development shall be submitted for Staff review prior to issuance
of building permits.
Other Considerations
15. The fair share cost of the maintenance of the existing channel shall be addressed with the Villages of La
Canada HOA and signed by both parties.
16. "Scrubbers" and filters shall be installed on the venting outlets of all businesses preparing food to mitigate
smoke, vapors, and odors. (Add this as a note to the development plan.)
1 7. The developer shall install 12' wide pavement and striping on eastside of La Canada Drive and south side
C.
Lambert Lane for the entire site fr e . . .
S. A friction coat must be applied to the width and frontage of the existing pavement on La Canada Drive
and Lambert Lane after the new right turn lanes are installed.
19. A striping plan is required for the new configurations of La Canada Drive and Lambert Lane.
20. Call out cross-sections AA, BB, CC, and EE on page 2. Revise page 3 or remove the reference to detail
6/3 for the basin on page 2.
f
4
,y
TOWN OF ORO VALLEY 5
COUNCIL COMMUNICATION MEETING DATE: February 16,2000
TO: HONORABLE MAYOR & COUNCIL
FROM: Bryant Nodine, AICP, Planning and Zoning Administrator
SUBJECT: OV12-99-7 LA CANADA/LAMBERT LANE COMMERCIAL CENTER LANDSCAPE
PLAN, LOCATED AT THE SOUTHEAST CORNER OF LA CANADA DRIVE AND
LAMBERT LANE—PREVIOUSLY REVIEWED SEPTEMBER 1ST, 1999
BACKGROUND:
The WLB Group, representing the Beztak Companies, request DRB recommendation of approval for a project
Landscape Plan. The 14.9-acre property is located at the southeast corner of La Canada Drive and Lambert
Lane, and is designated for commercial use under the El Conquistador PAD. The property is abutted on the
north by Lambert Lane and the Fry's commercial center, to the east by a drainage channel and a golf course, to
the south by the Villages of La Canada, and to the west by La Canada Drive and the approved Canada
Crossroads commercial development. The site is still in its natural state, with a small wash, two small hills, and
large amounts of vegetation. Some plant salvage has already been completed to provide space for the earthen
stockpile in the center of the site.
This project followed the same sequence of events as the development plan DRB review and denial, on June
`h and June 29`h of last year, due to the need for a grading exception; approval of the grading exception by the
[own Council on September 1 St , 1999 with this plan returned to the DRB for review based on the waiver; and a
DRB recommendation of approval of this plan, with conditions, on October 12, 1999.
SUMMARY:
The landscape plan satisfies zoning code buffer yard requirements, as well as those of the El Conquistador PAD.
The applicant is providing additional vegetation on the hill at the northeast corner. The buffer yard along the
south side of the property has been designed to reduce the visual impact of the 6' screen wall on top of the 6'
retaining wall (see detail 5/3 in the development plan). While a landscape buffer yard is not required on the
eastern edge of the site, the developer has proposed a 25' wide buffer with large (36" and transplanted)
mesquites and palo verdes, acacia, and understory vegetation, as well as an 8' screen wall. To improve the
screening on the east side of the property (where there are view impacts as discussed in the development plan
report), staff recommends that the wall be extended south to a point just north of the scupper for the retention
basin.
The applicant has provided a link to the planned Lambert Lane multi-use path, which will run immediately to
the south of Lambert Lane. The applicant has also provided a water feature and turf area at the northwest corner
of the site, as well as a pedestrian plaza and fountain area. The pedestrian plaza area will feature a `stream
element' to promote an oasis-like feel. Staff recommends condition 4 to address policies regarding water
conservation.
There are several aspects of the landscape plan which are not in compliance with OVZCR. The applicant
,roposes to utilize the Wooly Butterfly Bush in the landscape plan, which is not on the Oro Valley approved
plant list. Staff has reviewed th ifen a1 d drought-resistant characteristics of the plant, and recommends
approval of its use. There are two loading bays that do not appear to be screened with landscaping and walls in
L TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 2 of 2
accordance with Sec 11-203B and landscaping is not shown within the 5'-wide, drive-through buffers for Pad C.
Conditions have been added to achieve Code compliance Other conditions have been added to correct errors in
the most recent landscape plan.
All other aspects of the landscape plan for site meet the requirements of the OVZCR.
GENERAL PLAN COMPLIANCE:
With the recommended conditions, the landscape plan is in compliance with the Town of Oro Valley General
Plan.
RECOMMENDATION:
Staff recommends approval of the proposed Landscape Plan for the La Canada/Lambert Lane Commercial Center,
subject to the conditions listed in Exhibit"A".
SUGGESTED MOTION:
I move to approve OV 12-99-7, La Canada Lambert Lane Commercial Center Landscape Plan, subject to the
conditions in Exhibit"A"herein.
OR
move to approve OV 12-99-7, La Canada Lambert Lane Commercial Center Landscape Plan, subject to the
conditions in Exhibit"A"herein, and the following additional conditions:
OR
I move to deny OV 12-99-7, La Canada Lambert Lane Commercial Center Landscape Plan.
ATTACHMENTS:
1. Exhibit "A"
2. Reduced Copy of Landscape Plan i
Planned Zoning Administrator
041
F:\ov\ov12\1999\0V12-99-7\LPTC3 report.doc ,
Co P��- 'ty Developme �irector
Ar,
own Manag r
EXHIBIT A
CONDITIONS OF APPROVAL
OV12-99-7 LA CANADA/
LAMBERT LANE COMMERCIAL CENTER
LANDSCAPE PLAN
1. Add to note 1 C "Wooly Butterfly Bush has also been approved for use."
2. Where not screened by proposed landscaping or perimeter screen wall, loading areas shall be screened in
accordance with in accordance with OVZCR Sec 11-203B.
3. Provide vegetation, a minimum of 3' high, in the 5'-wide landscape buffer for the entire length of the
drive-through stacking lane for Pad C.
4. Add a note that the `stream' element of the pedestrian plaza area shall recycle all water.
5. Continue the 8' screen wall on the east side south to just north of the retention basin scupper.
6. Add landscaping on the west side of Building 4 at least as far north as the bike racks. Remove the trees
and shrubs from the middle of the loading area at Pad C. Remove the shrubs from the sidewalk at the
northeast corner of Pad C. Remove the shrubs and tree from the bike rack area on the east side of Pad B.
7. Conditions listed above, and any additional Town Council conditions, shall be submitted with a revised
landscape plan, prior to receipt of a grading permit.
MAY- 6-99 THU 10:24 PDS FAX NO. 5206235411 P, 01
rots
(es .
.44140.0;
PIMA COUNTY
DEVELOPMENT SERVICES DEPARTMENT
201 N. Stone Avenue, 1st Floor
Tucson,Arizona 85701-1207
JUDITH A.PATRICK PHONE(520)740-6520
Director FAX(520)798-1836
MEMO TO: David Marsh
Town of Oro Valley
FROM: Maggie Shaw, Civil Engineering Assistant
(D EQ) `'" It•c-�
SUBJECT: la Canada/Lambert Commercial Center
OV12-99-06
DATE: May 6, 1999
On behalf of PDEQ, the Development Plan has been reviewed for
conformance with Department of Environmental Quality
requirements. Please note the following comments:
1. The development plan is approved.
If you wish to discuss the above comments, please contact me at
740-4324.
The Department's Air Quality Control District requires that air
quality activity permits be secured by the developer or prime
contractor before constructing, operating or engaging in an
activity which may cause or contribute to air pollution.
xc: David M. Esposito, Director, PDEQ
Lucy Thurston, Development Review
.tu
.;
Tucson Electric Power Company
220 West Sixth Street,Post Office Box 711
Tucson,Arizona 85702
WR#23683 August 8, 1999
Area Code 520
Telephone 571-4000
Steve Oliverio
The WLB Group, Inc.
4444 E. Broadway
Tucson, AZ 85711
Dear Mr. Oliverio:
SUBJECT: LA CANADA/LAMBERT COMMERCIAL CENTER
n\I10_aa._nc
v � ..iv w!V
We have reviewed and approved the development plan dated June 15, 1999.
As shown on the plan, TEP has existing facilities within the boundaries of this project
however, they do not appear to be in conflict. Because of the proposed grade change, a
conflict may exist with the existing pole in road right of way near the northeast entrance
and underground primary cable coming from that pole. All relocation costs will be
billable to the developer.
Please submit a final set of plans including electrical load plans, to determine how TEP
will serve this commercial development. If easements are required, they will be
secured by separate instrument. Your final plans should be sent to:
Greg Dutiel
Distribution Services —Wl102
Tucson Electric Power Company
P. O. Box 711
Tucson, AZ 85702
Please call me at (520) 745-3581, should you have any questions.
Sincerely,
e‘241
Cory Pintor
Subdivision Coordinator
cp
cc: D. Marsh, Town of Oro Valley, Planning and Zoning Department
MAY 99
SOUTHWEST GAS CORPORATION
VIP®
April 28 , 1999
Town of Oro Valley
Planning & Zoning Department
11000 N. La Canada Dr.
Oro Valley, Arizona 85737
Cg-
OAT?2-9 9- LA CANADA/LAMBERT LANE
COMMERCIAL CENTER
Southwest Gas Corporation has no objection to the
platting of the above mentioned project . However,
existing natural gas facilities are located in adjacent
rights-of-way which may be affected by construction of
this project . Blue Stake should be notified 48 hours
prior to construction.
Further information regarding natural gas facilities on
or near this project may be acquired by contacting me at
794-6036 .
THOMAS GREEN/ENGINEERING TECHNICIAN
.mat
3401 East Gas Road P.O. Box 26500 Tucson, Arizona 85726-6500 (520) 889-5600
Lawy - i itle Insurance Cot rjration
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
downtown Amended: 04/08/1999 1
Lawyers Title Of Arizona, Inc. COMMITMENT FOR TITLE INSURANCE Typed: 01/11/1999
One South Church, Suite 1800 SCHEDULE A Examiner: BW
Tucson, AZ 85701 Typist: sm
Branch: 024
1. EFFECTIVE DATE: March 31, 1999 at 7:30 A.M. CASE NO. 00503746
2. POLICY OR POLICIES TO BE ISSUED:
(a) LTAA Standard Coverage Owner Policy - 1974 (Rev. 01/01/88) AMOUNT: $ 1,900,000.00
PROPOSED INSURED:
BEZTAK LAND COMPANY, a Michigan corporation
(b) LTAA Standard Coverage Lender Policy - 1974 (Rev. 01/01/88) AMOUNT: $ 1,400,000.00
PROPOSED INSURED:
PROPOSED BENEFICIARY
(c) None AMOUNT: $
PROPOSED INSURED:
3. TITLE TO THE FEE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS
COMMITMENT IS AT THE EFFECTIVE DATE HEREOF VESTED IN:
ARCADE DEVELOPMENT COMPANY, a Nevada corporation
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
Block 3, EL CONQUISTADOR COUNTRY CLUB, as recorded in Book 33 of Maps and Plats at page 82,
Pima County Recorder's Office, Pima County, Arizona;
EXCEPT the South 70.00 feet of the East 62.00 feet.
COUNTERSIGNED AT: TUCSON, ARIZONA THIS COMMITMENT IS INVALID
Lawyers Title Of Arizona, Inc. UNLESS THE INSURING
PROVISIONS AND SCHEDULES
A AND B ARE ATTACHED
By:
Authorized Officer or A nt
LawyeL _ inle Insurance Corpation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE B —SECTION 1
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL
CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE
EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1. TAXES for the year 1998 are shown paid in the amount of$27,889.24.
(State Tax Parcel No. 224-25-025A9)
2. Furnish currently certified copy of a Resolution of The Board of Directors of the Corporation
named below, authorizing the execution and delivery by the proper officers of all instruments
required to consummate this transaction. Said certification must be by an officer other than the
officer(s) authorized to sign and must state that the resolution has not been revoked:
Corporation: ARCADE DEVELOPMENT COMPANY, a Nevada corporation
3. Compliance by BEZTAK LAND COMPANY, a Michigan corporation, with the provisions of A.R.S.
10-1501 et seq.
-or-
Proper showing that said corporation is in good standing in its domiciliary
jurisdiction.
4. Furnish currently certified copy of a Resolution of The Board of Directors of the Corporation
named below, authorizing the execution and delivery by the proper officers of all instruments
required to consummate this transaction. Said certification must be by an officer other than the
officer(s) authorized to sign and must state that the resolution has not been revoked:
Corporation: BEZTAK LAND COMPANY, a Michigan corporation
5. Record Deed and Affidavit of Value from ARCADE DEVELOPMENT COMPANY, a Nevada
corporation, to BEZTAK LAND COMPANY, a Michigan corporation
6. The right is reserved to make additional exceptions or requirements upon submission of the name
of the proposed beneficiary.
NOTE: A.R.S. Section 11-480(A) provides ... Effective January 1, 1991, each instrument (presented to a county
recorder for recordation) shall be no larger than eight and one-half inches in width and no longer than fourteen
inches and shall have a print size no smaller than 10 point type AND shall have at least a one-half inch margin
across the bottom and the left and right sides from the top to the bottom. The first page shall have a top margin
of at least two inches of vertical space from left to right and shall be reserved for recordation and return address
information.
CASE NO. 00503746
I�.uJLE B—SECTION 1 (CONTINUE
7. Record Deed of Trust between the parties described below:
Trustor: BEZTAK LAND COMPANY, a Michigan corporation
Trustee: LAWYERS TITLE OF ARIZONA, INC., an Arizona corporation
Beneficiary: PROPOSED BENEFICIARY
IF BUYER OR LENDER ELECTS TO PURCHASE AN ALTA (EXTENDED) OWNER'S
TITLE POLICY, THE FOLLOWING ADDITIONAL REQUIREMENTS WILL BE MADE:
8. Usual preliminary inspection report by an employee of Lawyers Title. The right is reserved to
make additional requirements or exceptions upon examination of said report.
9. Furnish plat of survey acceptable to Lawyers Title. The right is reserved to make additional
requirements or exceptions upon examination of said plat.
NOTE: The Plat of survey furnished to satisfy the above requirements must be made by a
Registered Civil Engineer or Registered Land Surveyor, showing proper ties to locating
monuments, location of the improvements on the premises, easements or rights-of-way, over or
under the property, together with any encroachments or projections,fences or any other matters
affecting the use and occupancy of the premises, and CERTIFICATION BY said Engineer or Land
Surveyor that there are no other easements or rights-of-way, in use or in evidence, over or under
the subject property, nor any encroachment of improvements onto contiguous property by the
improvements located on the subject property nor any encroachment of improvements from
adjoining property onto the subject property, other than those shown on said plat.
Upon furnishing of said plat, any matters disclosed by said plat will be added to Schedule B.
10. Furnish documents which entitle the occupants to possession. The right is reserved to make
additional requirements or exceptions upon examination of said documents.
11. Completion of Owner's Declaration executed by ARCADE DEVELOPMENT COMPANY, a Nevada
corporation.
NOTE: If Power of Attorney being used for this transaction, submit to the Title Officer sufficiently
prior to close of this transaction for approval.
Such further requirements as may be necessary after completion of the above.
Furnish Affidavit of Authority with any Power of Attorney.
CASE NO. 00503746
Page 3 of 6
Lawyer Title Insurance Coriiation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE B—SECTION 2
EXCEPTIONS
THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS
SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires for value of record the estate or interest or mortgage thereon covered
by the Commitment.
2. Reservations contained in Patent from the United States of America, recorded in Book 196 of
Deeds at page 130, reading as follows: And there is reserved from the lands hereby granted a right
of way thereon for ditches or canals constructed by the authority of the United States. Excepting
and reserving, however, to the United States all the coal and other minerals in the lands so entered
and patented, together with the right to prospect for, mine, and remove the same pursuant to the
provisions and limitations of the Act of December 29, 1916 (39 Stat., 862).
3. WATER RIGHTS, claims or title to water, whether or not shown by the public record.
4. TAXES for the year 1999, a lien not yet due and payable.
ANY action, subsequent to the date hereof, by the Pima County Assessor and Treasurer
reassessing, altering and/or increasing the current or any prior years taxes or assessments.
5. EASEMENTS, conditions, and reservations as shown on the recorded plat of said subdivision.
6. All matters as set forth in the Covenants, Conditions and Restrictions in instrument:
Recorded in Docket: 8092
Page: 888
and amended in Docket 8245 at page 50
and amended in Docket 8259 at page 1632
and amended in Docket 8273 at page 2076
and amended in Docket 8356 at page 869
and amended in Docket 8594 at page 749
and amended in Docket 9687 at page 2201
NOTE: This exception omits any covenant, condition or restriction based on race, color, religion,
sex, handicap, familial status or national origin, unless and only to the extent that the
restriction is not in violation of state or federal law, or relates to a handicap, but does not
discriminate against handicapped people.
NOTE: IF POLICY IS TO BE ISSUED IN SUPPORT OF A MORTGAGE LOAN, ATTENTION IS DIRECTED TO
THE FACT THAT THE COMPANY CAN ASSUME NO LIABILITY UNDER ITS POLICY, THE CLOSING
INSTRUCTIONS, OR INSURED CLOSING SERVICE FOR COMPLIANCE WITH THE REQUIREMENTS OF
ANY CONSUMER CREDIT PROTECTION OR TRUTH IN LENDING LAW IN CONNECTION WITH SAID
MORTGAGE LOAN.
CASE NO. 00503746
EuuLE B —SECTION 2 (CONTINUE
7. All matters as set forth in the Covenants, Conditions and Restrictions in instrument:
Recorded in Docket: 8092
Page: 1017
and amended in Docket 8259 at page 1692
and amended in Docket 8273 at page 2069
and amended in Docket 8356 at page 879
NOTE: This exception omits any covenant, condition or restriction based on race, color, religion,
sex, handicap, familial status or national origin, unless and only to the extent that the
restriction is not in violation of state or federal law, or relates to a handicap, but does not
discriminate against handicapped people.
8. All matters as set forth in the Covenants, Conditions and Restrictions in instrument:
Recorded in Docket: 8622
Page: 1529
NOTE: This exception omits any covenant, condition or restriction based on race, color, religion,
sex, handicap, familial status or national origin, unless and only to the extent that the
restriction is not in violation of state or federal law, or relates to a handicap, but does not
discriminate against handicapped people.
9. EASEMENT and rights incident thereto, as set forth in instrument:
Recorded in Docket: 7044
Page: 813
Purpose: communication facilities
10. EASEMENT and rights incident thereto, as set forth in instrument:
Recorded in Docket: 7044
Pages: 819 and 820
Purpose: communication facilities
11. Setback lines as set forth in Ordinance No. 1984-202 recorded in Docket 7397 at page 727.
12. EASEMENT and rights incident thereto, as set forth in instrument:
Recorded in Docket: 7719
Page: 1644
Purpose: electric transmission lines
13. EASEMENT and rights incident thereto, as set forth in instrument:
Recorded in Docket: 7926
Page: 1733
assigned in Docket 7935 at page 1889
Purpose: water lines
CASE NO. 00503746
Page 5 of 6
tuLJLE B—SECTION 2 (CONTINUE
1
14. EASEMENT and rights incident thereto, as set forth in instrument:
Recorded in Docket: 8622
Page: 1830
Purpose: errant golf balls
CASE NO. 00503746
Page 6 of 6
• _____
AssEssoR 's RECORD MAP � ` LAWYERS TITLE .. � r -=
I _24- 5 E L C O��-QLIISTADOR COUNTRY C LUB THIS MAP IS FURNISHE
D FOR REFERENCE ONLY
1 ,,
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Area' Code 1011 Tax R.. 14.19900 Printed 414/08/1999 14:15
Parcel Number 224-25-025A9 Docket Book 10767 Page 2558 Date 04/03/1998
Situs Addr
Owners Name ARCADE DEVELOPMENT COMPANY
Mailing Addr 1200 W RETTA ESPLANADE #58
PUNTA GORDA, FL 3395
Section 10 Township 12S Range 13E
Legal EL CONQUISTADOR COUNTRY CLUB BLK 3 EXC E62' OF
S70' THEREOF
AP93
(FORMERLY 203-13-025A)
*** 1998 TAXES UPDATED THRU 03/11/99
Value Ratio
Land 1,947,180.00 16.0%
Improvement 0.00 0.0%
Full Cash Value Exemption Net Assessed
Land and Impr 1,947,180.00 0.00 311,549.00
Personal prop 0.00 0.00 0.00
Limited 956,492.00 0.00 153,039.00
1998 TOTAL TAX 27,889.24
FIRST HALF INTEREST SECOND HALF INTEREST TOTAL DUE
0.00 0.00 0.00 0.00 0.00
No Liability BACK TAX INFORMATION UPDATED THRU 03/11/99
CP NO./TYPE SALE DATE YEAR TAXES DUE INT. DUE AMOUNT DUE OLD PCL
SUB TOTAL: 0.00
5% ASSIGNEE PD: 0.00 FEES AND 5%: 0.00
INTEREST DUE FROM ASSIGNMENT: 0.00
REDEMPTION FEE: 0.00
DELINQUENT TAXES, INTEREST AND FEES DUE IF PAID DURING APR 99 0.00
UPDATED THRU DATES: ASSESSMENTS RESOLUTIONS
CITY OF TUCSON 03/30/1999 04/01/1999
ORO VALLEY 04/01/1999 04/01/1999
PIMA COUNTY 04/01/1999 04/01/1999
*** NO ASSESSMENTS ***
*** NO RESOLUTIONS ***
*** NO SOLD ASSESSMENTS ***
Search Completed
• dia N' 0-EY
TOWN OF ORO VALLEY 111.
01N
Office of Community Development
5
0 --y Permit OV129907
_ 11000 N. La Canada Drive
Expires : Aug 02 , 2001
_ • - Oro Valley AZ 85737
4 \\
- ,
(520) 229-4800 Office
A —
(520) 742-1022 Fax
A ft
toi 4.1
-NDED'\
f:; P: E NG PE Rivil
PrOect Addrees :
Subthvision: SOUTHEAST CORNER OF LA CANADA DRIVE & LAMBERT LANE
Descrlpti.on of Wor ;, • GY,A4 & GRADE ONLY AREAS PER APPROVED PLANS
7.19- ACCEPT ED 2 7.3 1,1:f 0 0
741r7-953--Pieto
APPLICANT THE EZTAK COMPANIES 4/01 /00 Phone :
1Y4 ti'l&rig r sa4 tt;
-1._P tivCrif iffbf t, # I
Po 7,- 69 p4r/w/x7 p mi/7,///
CONTRACTOR BORDERLAND CONSTRUCTION 0a/02/00 Phone: i- 5.20 ) 623-0900
42J0 EAST 38TH ST
TUCSON AZ 85713
4 rz mr VrrLiv 08/0_.4/00 Phs-ine: ( 520 ) 909-6336
73 , (OP° iC)
flAWIT441k
FOR AND IN CON:;IDEKATION of grant:Inc) ztls ?.71rmit, the applicant_ hasread
and z3greeo to c-,trierw,; w:Ith z::,:tgned. permit applicatIon and any
and 311 general permit ail :. pplicable Sfi,Cti0116 ot tbc-1 Oro
Vailey Triwn Oro ,141.121ey 1. 1 Piins and Spe1L1'...:atiolis „ any
rEaleva.nt i:2onnty, Statc or Federal 1.;:. quiatic.ns and any spsclal ,70nd1t:i,ons
imposed j:71y the Pli-maing .-i3Omini..ctrator , and to complete said work
aiI in ::iccordance apprediaccpted planjs andlo:;: Standard Plan
andlo Dirf2tivee. ,
T1-1 Twn of (.)ro ne r,Espc.nkbiilty for the englnoerinq design
for wcaR coveKed thls permit . The applint accepts ail financial an'fil
responElblittls or obligattons which may result from the wcrk
performed under n pi:II:mit , The applic;ant muF;t check fox 404 permit
compliance with the Ovs Army Corp....,. ox Englneers .
Grad in Permit Fee-,: : 441 . 00
Review Fee: . 00
APA Charge ; , 00
Additional fees . 00
Total All Fees: $441 , 00
- Le Prevthus Payments 7 . 00
,e f / an c e Duel 4 4 J. 00/ /
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TOWN OF ORO VALLEY
... -.,..--,- '..-,:,,(-• 'G
--..‹Z'') '[- 4. •-• Office of Community Development -
. 0 6) . . ...
11000 N. La Canada Drive
1, . .'' ) .',
. -- 1 , •- ,, • , --,-- Oro Valley,AZ 85737
4 \\,:\\,--,,r/,
i / ., It. (520) 229-4800 Office
A
A "'" - - - • ----- A (520) 742-1022 Fax
Page :
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')ONDED.\9
SPECIAL CONDITIONS FOR PROJECT NO. OV129907
- -- • 7-:':;7:7---- 'i'.:Kr-'17
Project Addres:5 :
Subdivisi( n/Lot No: SOUTHEAST CORNER OF LAfrOKNADA, qifi:IvE & LAMBERT LAN
....,„--TE.,.....•,..... .....,_......
Parcel No: iiir.i4 V`'j(;"MX/
,,,
lic-antl- iliii,---1313`zirAK "I__.:imill i oy,7 a.,0)7Th v.et,,,, ,),, i ,: ...;, Ao r.:4 ,--ik,../.- ,7 1 4/
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,, 47,0 -,•:,.,;:7.)ar :,,c4rmi -7 .d.,)/,.?/ - -
Cnnti:artlIT7-33t-k)E R LAND CONSTRUCTION
Description of Work CLEAR, GRUB & GRADE ONLY AREAS PER APPROVED PLANS
Listing of Special Conditios : ,_ , .
- /,A
1
r ' 2 , EY RECEIPT OF THIS PERMIT,. PROPERTY OWNER AGPEES THAT TOWN
OF ORO VALLEY DESIGNEES MAY ENTER ONTO THE PROPERTY IN ORDER
TO MIKE INSPECTIONS OF THE PROPERTY FOR COMPLIANCE WITH TOWN
OF O. VALLEY: CODE .
3 , STOPHWA.TER POLLUTION PREVENTIOV MEASURES SHALL BE PROPERLY
INSTkLf.,ED PRIOR TO OW:ET OF CONSTRUCTION ACTIVITIFS
SHALL EFJ MAINTAINED UNTIL CONSTRUCTION IS COMPLETE AND ALL
DISTURBED AREAS HAVE BERN PERMANENTLY STABILIZED ,
4 , THIS PCi,,',MIT UOVERS GRADING OWA , IMPROVEMENTS FOR OTHER
PHA SEE INCLUDING SITE UTILITIES / PAVING
DRAINAGE WILL REQUIRE INDIVIDUAL GRADING APPLICATIONS &
PERMITS , PEPMIT FEES WILL BE $15 PER APPLICATION ,
5 . GRADING i,ERIMSTEP ALOW3 THE EAST P1-OPERV1 LINE SHALL BE
STAKED ANC FENCED AT A. AT OF 2 FEET FROM. THE PROPERTY
LINE .
6 . CONSTROCTICN FENCE SHALL BE INSTALLED ANDMAINTAINED AROUND
• EXISTING NORTHEAST HILL .AS INDICATED ON -..PLAN THIS AREA
SHALL NOT BE DISTURBED,
7 . -FINAL DRAINAGE REPORT MUST BE SUBMITTED AND APPROVED BY THE
TOWN OF Co VALLEY PRIOR TO ISSUING PERMITS FOR ANY OTHER
PHASES OF CONSTRUCTION
8 . GRADING PERMITS TO ALLOW FOR THE CONSTP.UCTION OF
IMPROVEM7NTS WILL NOT BE CONIDEED UNTIL ALL ONSITE
AND OFFSITE IMPROVEMENT ANO UTILITY PLANS HAVE BEEN
APPRO''..TD AND AN IMPROVEMENT PHASING PLAN HAS BEEN
SUBMITTED TO THE PLANNING AND ZONING ADMINISTRATOR
FOR REVIEW AVD APPROVAL ,
9 . ADDITIONAL STORMWATER PLLUTION PREVENTION PLANS SHALL BE
SUBMITTED PRIOR TO THE ISSUANCE CP GRADING PERMITS FOR
FUTURE PHASING. OH,
1 •
i,
I agree to ac., e .t.',y 1-... e apow:? i.:!..z77..ei. conditionz as part of tnis permit ,
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,,/,, ,• TOWN OF ORO VALLEY 1
-.--i. .e. -111 0 ,0,
Office of Community Development
. 0 -5,
..
1r ;\ C) , ' — Yr 11000 N. La Canada Drive
Oro Valley,AZ 85737
A \, . ' 1/•- • ,' h, (520) 229-4800 Office
---11'..-`.- -,- (520) 742-1022 Fax
fr, --
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ADED 4\''
NOTICE
...........„...,...............,.............•..............
.
'..,61,1,7 eN 1 r•-• . •,^ ,
This property may be a habitat f c)I thai-Mst-tiail i'Fileer: ,..4. .,......1.47; Pygmy Owl , as
determined by the-U-41-1-t-ed-StatAzU-7fiWm4nt .*tgOlv/Ap..tAti.„&i, Fisp.iand.--,=WiI4-.;/
; -.., .'-;- '• ,
I ife SetV1 ce . Thr-,..---1,75-m-r-OTAFT-L5-3r .1,,ieli ,,,tiec I aa?'edef. 'AT, ,41604454-*Ye At1' zlie.(", Ps _ and
.:, - ...„.„.,,,,A...., ..-,.. ; , :- , AtJ., . , , . •.• , • - ---- ,
IS protected by-flettr4T1J-T-law. Be aware that under federal statute , 16 U.S . C .
1538 , it is unlawful for any pers,,m to take any endangered species within
the United States , The term "take" as defined in 16 U . S , C, :1532( 19 ) , means
to harass , harm, pursue , hunt , shoot, wound, trap, capture , or collect an
endangered species , or to attempt to engage in any such conduct UNDER
F liRA,..ir :IR EGULA T E:41t3-2, /0..,:,Aly/Pf514-1jik,gS--cAivi. nicLuDE AM'T OP-4S 1;411 T.CH DESTROY ti7..)1:Z
S tylWer.14111lia MOD.1.4-14L-tri-*.g. HAB it AT or THE ENDANGERED SPEC I ES . Be a dv ised that
notice of the j,ssuance of this permit will be foiwarded to tile Unit8d
States Fish and Wildlife Service and to the Arizcna Game and Fish Depart-
ment . I,'752,uance of this permit does not Intend nor should it be construed :
to imply (.:omlpliance with Federal or State regulatii7ins , If you have any
questions f::-..c;nccrning your ref,7monsjsbilities under federal law, please
contact :
U. S . Fish and Wildl:ifE:.; ileld Division
2321 W. Royal. Palm Rc,)ad , Suite 103
Phoeni , AZ :35021-491
Phrvcia 602 .i 640-2720 Fax ( 602 ) 62C-27710
„---
,. ..
.
_._
Sionature 1 ', \ Date/ /
\ i
--,Caseitri...__i.--,e--Number: 0V129907
SOUTHEAST CORNER OF LA CANADA DRIVE & LAMBERT LANE
CLEAR, GRUB & GRADE ONLY AREAS PER APPROVED PLANS
4 „. M
41,
TYPE 2 GRADING PERMIT STANDARD CONDITIONS
A copy of the approved grading permit and a set of approved grading plans,as well as any special conditions shall be kept in an easily accessible
location on the site at all times.
Any stockpile on this site shall be 6'high max.and only at the approved area only within the limits of grading under this permit.
All exposed graded areas,cut and fill slopes shall be revegetated or stabilized to prevent erosion.All work shall be done in accordance with applicable
regulations,codes and approved plans.
All imported fill shall be free of boulders greater than twelve(12)inches in diameter and any detrimental organic matter or refuse debris.Earth and
vegetation removed from the site shall be disposed of in an approved location.
The top of a cut slope shall be made not nearer to site boundary line than one-fifth vertical height of cut,with a minimum of two feet The toe of a fill
slope shall be made not nearer to site boundary line than one-half height of slope,with minimum of two feet,in accordance with grading ordinance.
The maximum depth of a cut or fill,measured vertically from existing grade shall not exceed six (6)feet measured vertically from the existing grade to
the finished elevation_The depth of cut or fill slope may be increased to 8 feet when terracing is utilized.
The height of exposed constructed slopes shall not exceed twelve(12)feet in vertical dimension.
The finished grade and building pads shall be established so that the maximum building height shall not exceed the limit that zoning allows.
Erosion control shall be constructed and maintained to prevent erosion of slopes of cleared,brushed,grubbed,or graded areas.
). Grading equipment operation within one-half mile of an occupied residential structure shall only be conducted between 6:00 am_and sunset Monday
through Friday. Grading equipment operation shall only be conducted between the hours of 8:00 am_and 5:00 p.m.on Saturdays and Sundays. Normal
equipment maintenance involving lights,motors or generators,and occurring within 600 feet of an occupied residential structure,shall not be conducted
after sunset,nor before 6:00 a.m.
1. No vehicle shall be driven over"natural open space"areas,as designated on the approved grading plan. Point—of-entry to the site during grading shall be -
only as designed on the approved grading plan_
Z. During grading and until revegetation or stabilization has taken place_dust shall be minimized through the application of approved dust control methods.
3. Public rights-of-way,sidewalks and other improvements shall be maintained during grading in a neat and clean condition,free of loose soil,construction
debris and trash.Debris,fill material or equipment shall not be stored within a public right-of-way without the written approval of the Town Engineer.
1. A right-of-way use permit is required for any work within the Town right-of-way_
5. No cut or fill can encroach upon any floodplain,except as provided in the Town of Oro Valley Floodplain Management ordinance,or upon any adjacent
properties except by mutual written consent of all parties affected_Such consent to be filled with the Town of Oro valley Community Development
Department.
6. The permit holder shall provide notification twenty-four(24)hours prior to an inspection_request,or as specified by grading permit.
7. Contractor shall call the Planning and Zoning Department,Zoning Enforcement Section,to arrange for a pre construction meeting prior to
commencing work under this permit.
B. The dust control measures shall remain in effect until hydro seeding is established.
9. A type 2 grading permit shall be null and void if the authorized work has not been completed within one year of permit issuance.
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TOWN OF ORO VALLEY
Office of Community Development
• 0 6) -7
11000 N. La Canada Drive
h
Oro Valley, AZ 85737
(520) 797-9797 Office
tw/z/7„
A ----- A (520) 742-1022 Fax
*IP;611 *
1 b`
4INDEAD -0, TYPE '3 6RAD1NG PERMII
ProjGt Address:
Subdivision: PARCEL WITHIN NOR1HWE' 1 1 /1 OF NW 1/4 SEGlION 1.4
Description of Work: STOCKPILE OF 25 ,000 CUBIC YARDS OF EwCESS FROM
VfLLAGES OF LA CANADA ( OV12-9q-01 ) ' TOCKPILE
LIMILS AND HAUL ROUTE PEP APPROVED STOCKPILE PLAN .
APPLICANT BEZTAK CORPORAT TON 10 '05/99 Phone 546-9704
2730 N CAMINO PRINCIPA
TUC SON
AZ
85715
CONTRACTOR BORDERLAND CONSTRUCTION 10/05/90 Phone 623-0900
400 E 36TH Si
TUCON
AZ
CONTACT RANDY DAVIS 10:05/99 Phone: 909-e-)334 MBL
FOR AND IN CONSIDERATION of granting this permit the owner agrees that.. the
project shall be constructed in conformance with the conditions as speci -
fied on the attached page( s ) , all applicable sections of the Oro Valley
town Code , any relevant C . unty , State or Federal Regulations , aa4 anv
special conditions imposed by the Planning & Zoning Administratat, and to
complete said work in accordance with the approved/accepted plan( s ) and/or
Engineering Directives .
Grading Permit. Fee* : 279 .00
Review Fee : 240 .00
APA Charge: .00
Additional Fees: .00
Total All Fees: $519 .00
Less Previous Payments: . 0u
Balance Due : $519 .00
Authoilz,?sd by : Date
* Permit. Fee Based 01 25000 .00 cubic
Y . ;•?- 4,M,
• 4/9/
TOWN OF ORO VALLEY
°;0011111i:91--7 Aliw Office of Community Development
• .
11000,N. La Canada Drive
i 4 KO/ Oro Valley, AZ 85737 74
A ww/ 7 (520) 797-9797 Office
A
A A (520) 742-1022 Fax s
r2,
UNDEA;
. PLLIAL CONDITIONS FOR PROjECT NO . GOV1299015
Prp4,,,,,?ct Address:
$ubd,i,vision/Lot No: PARCEL wirHIN NOkiHNES 1/14 OF NW 1 /4 SECTION 14
Parcel, No:
• Appticant : BEZTAW' CORPORATION
Property Owner :
Contractor BORDERLAND CONSTRUCTION
De$cription of Work: STOCKPILE OF 2',,, ,000 CUBIC YARDS OF Ev,CE5c:',. TPOM
Litinf;; of pecia1 Conditions:
I . SEE *PAGE 2 FOR STANDARD CONDITIONS
2 . ST6RMWATER POLLUTION PREVENTION MEASURES SHALL BE INSTALLED
PE THE APPROVED PLAN PRIOR TO THE ONSET OF STOCKPILING
ACtIV;ITIES AND SHALL BE MAINTAINED UNTIL THE STOCKPILE HAS
BEEN COMPLETELY REMOVED .
THE LIMITS OF THE APPROVED STOCKPILE. PLAN SHALL. BE CLEARLA
MARKED AND INSPECTED BY IHE ZONING INSPECTOR ( 797—q797 )
PRIOR TO THE PLACEMENT OF ANY MATERIALS UNDER THIS PERMIT ,
4 STOCKPILED MATERIALS MUST BE REMOVED PRIOR TO OR BY THE
PERMIT EXPIRATION DATE . AN EXTENSION TO THE PERMlf
EXPIRATION (AN ONLY BE GRANTED IF A DEVELOPMENT PLAN FOR THL
PARCEL HAS BEEN APPROVED BY TOWN COUNCIL AND IMPROVEMENT
, PLANS HAVE BEEN SUBMITTED • REVIEWED AND ACCEPTED BY THE
TOWN .
I are to bi de the above 1 5,.,ste ccr Ii : ons part. of this permit,
n . Date:it'd, 7-7
• "
-
.01
ii
• ... . _ 4 ,
_ ..,
. '.TOWN OF ORO VALLEY
0,ellSOk
Office of Community Development
...
i f . Oro Valley, AZ 85737
v AA
' (520) 797-9797 Office 11:
A -....------ -----,-:.-.7 A (520) 742-1022 Fax
*‘17111a0r*
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UNDED A NOII , L
This property may he a habitat_ foi the Cactus Ferruginous Pgm'y Owl , as
determined by the UnitedSCates Department of the Intestior . Fish and Wild-
life Service . The Pygmy Owl has been declared an endangered species , and
is protected by federal law . Be aware that under fedei a! statute . lf:, U . ":-.) .C .
1538 , it is unlawful for anv person to take any endangered species within
the Hnited State.,',, . The teim " take" as defined in 16 U .S .C . 1532( 19 ) . means ,
to harass harm . pursue', hunt , shoot , wound , trap ,, capture , or collect an
endangered species , or to attempt to engage it, any such conduct . UNDER
FEDERAL REGULATIONS , UNIWFUL HARM CAN.-444CLUDE ACTIONS WHICH DEc-,,TROY OR
SIGNIFICANTLY MODIFY 1HE HABITAT OF THE ENDANGERED SPEI:IES . Be advised that ,
ootice of the issuance-. of Lhis permit will be forwarded to the United
States Fish and Wildliie Service. ,,, d to the Arizona Game and Fish Depart.
mente . Issuance of this permit, does not inl end . nor should it be construed ,
to imply compliance with Federal or State regulations . If v(m.1 have any
questions concerning your responsibilities under federal law , please
contact ::
U.S . Fish and Wildlife Field Division
2'321 W . Royal Palm Repack, Suite 103
9'...,
Phoenix . AZ 85021 -4951
Phone ( 602 ) 640-2'720 Fax ( 602 ) 620-27 .'4-)
Signature
Case/Fiie Number : GOV1299o1',-)
4PARCEL WITHIN NORTHWEST 1/4 OF NW 1sA SECTION 14
vc-AOCKPILE OF 25 ,000 CUBIC i'ARDS OF EXCESS FROM
... T
- - .
. ,
____.
QP °� TOWN OF ORO VALLEY
141 Department of Public Works
11000 N. La Canada Drive
�► - Oro Valley, Arizona 85737
(520) 229-4880 Fax (520) 229-4899
QIN
°UNDEO
April 10,2001
Mario Fernandez
The Beztak Companies
31731 Northwestern Highway
Suite 250 W
Farmington Hills, Michigan,48334
Re: Lambert/La Canada Commercial Center, Oro Valley,AZ,Grading Permit#0V12-99-07
Dear Mr.Fernandez:
Thank you for your letter of April 2,2001 that was in response to my letter of March 5,2001.We
appreciate that you intend to hydroseed the entire area. However,half of the information is missing,and
that is the schedule of when the hydroseeding is to occur. Please submit the schedule for our review. The
schedule is to include temporary dust control until the hydroseeding is established.
If you have any questions, please call me.
Sincerely,
7—)
LtiV)--41'1/4/ -
Craig Civalier, P.E.
Development Division Manager
Xc: B.Jansen
B.Nodine
D. Widero
P.Nzomo
JPA.LEY xi,
,„
oQ� �1 TOWN OF ORO VALLEY
17
Department of Public Works
11000 N. La Canada Drive
�► A. Oro Valley, Arizona 85737
A.
�, (520) 229-4880 Fax (520) 229-4899
< 19 D�
OV
NDEO
March 5,2001
Mario Fernandez
The Beztak Companies.
31731 Northwestern Highway
Suite 250 W
Farmington Hills, Michigan, 48334
Re: Notice of Violation—Lambert/La Canada Commercial Center,Oro Valley,AZ
Grading Permit#0V12-99-07
Dear Mr. Fernandez:
This is to advise you that the referenced site has been graded and left without dust control, temporary or
permanent cover for over 60 days.This situation is in violation of Section 13-603 of the Oro Valley
Zoning Code Revised. This section states the following:"Cleared or graded land shall not be left at any
time without dust control nor shall be left uncovered for more than 60 days without temporary of
permanent protective cover of the entire cleared or graded area as determined by the Town Engineer."
To correct this situation we require one of the following:
• Submittal of a letter and schedule that details the methods that will be used to comply with the code
for review by the Town Engineer, or
• Set up a meeting at the Town Hall with the Town Engineer to present your schedule and methods to
comply with the code.
The Town of Oro Valley expects that the above will be accomplished within thirty(30)days of the date
of this letter. We do appreciate all your efforts in this endeavor. However, failure to comply will result in
a citation and placed before the Town Magistrate Court.Please contact our office if you have any
questions or concerns. You can call me at 229-4811,at your earliest convenience and I will be happy to
assist you.
Your neighbors and the Town of Oro Valley appreciate any and all efforts on your part to maintain
compliance and uniformity in our community. Your assistance in town code compliance and
requirements will help keep our Town attractive.
erely,
Craig C i ler
Development Division Manager
Xc: B. Jansen
B.Nodine
D. Widero
The Engineering • Planning
1VLB Surveying • Urban Design
roup Landscape Architecture
Inc. June 25, 1999
Mr. Dick Johnson, Vice-Mayor
Town of Oro Valley
11,000 N. La Canada Drive
Oro Valley, AZ 85737
Subject: La Canada / Lambert Commercial Center
Grading Waiver Staff Report Issues
WLB #199013-A-001
Dear Mr. Johnson,
The purpose of this letter is to highlight information contained in the Engineer's Report for the
proposed grading waiver for the La Canada / Lambert Commercial Center. After last month's
Development Review Board meeting there was considerable "fallout" regarding the manner in
which disagreements between applicant and Staff are handled. Since that meeting, I have met with
Bill Jansen to address his concerns about the eventual widening of Lambert Lane and how that
roadway improvement should be portrayed to the public. I have agreed to make it clear that the
Town has no current plans to widen Lambert Lane. Second, Mayor Loomis spoke to me about
handling disagreements with Staff during public meetings. I have taken his concerns to heart and
intend to respect his wishes that such disagreements be dealt with outside of public meetings. I do
think, inevitably, there will be times that gentlemen will have to "agree to disagree."
My specific concerns with the Staff report on the grading waiver (copy attached) include:
1. The report states a 10 foot retaining wall is proposed. The proposed retaining wall is
actually 6 feet.
2. The report states that the slope is uniform across the site (3% to 5%). The slope of this
site is not uniform. The two remnant hills create steeper slopes on the property. There is
some uniqueness to the topography of this property, however, we feel this uniqueness has
been man-made, as opposed to naturally occurring.
3. The report states that the site is undisturbed desert. The site has been impacted by several
activities including the development of the well site at the southeast corner, the roadway
Engineering • Planning • Surveying • Urban Design • Landscape Architecture
Offices located in Tucson, Phoenix, Las Vegas • E-mail: wlbtuc@ix.netcom .com
4444 East Broadway • Tucson, Arizona 85711 • (520) 881-7480 • FAX (520) 881-7492
The
WLB
GroufInc Dick Johnson
June 25, 1999
Page 2.
leading to the well site, the cutting of the hill sides to make way for Lambert Lane and La
Canada Drive, and some wildcat dumping.
4. In paragraph 3, the report states it is difficult to speculate on the future cross-section of
Lambert Lane. I do not know if this statement comes from naiveté or inexperience.
Familiarity with Oro Valley, the adopted General Plan and regional transportation planning
have indicated a need for additional capacity on Lambert Lane. Many forward thinking
people believe Lambert Lane will be widened over the next 10 to 15 years. I believe Bill
Jansen would agree that Lambert Lane will need widening, however, he has indicated there
is no funding to do so.
In terms of what a widened Lambert Lane might look like, the various arterial cross-
sections used in Oro Valley, Pima County, City of Tucson and elsewhere actually vary
very little. We are talking about four lanes, instead of two, a landscaped median, and bike
and pedestrian facilities along one or both sides. Mr. Jansen agreed that these would be
the essential elements of any widening, if one were to occur.
5. The end of paragraph 3 states there is a need to level the hill due to roadway
improvements. What was stated at the DRB meeting and subsequently with Staff, is that
we expect significant impacts to the hill from road widening, not a flattening of the hill. In
fact, the exhibit shown at the meeting indicated a portion of the hill remaining after
roadway improvement. Bottom line, we agree with Staff, there is not a need to level this
hill due to future Lambert Lane improvements.
6. In paragraph 4 it is stated that 8% is the maximum slope for driveways. At a meeting with
Staff on May 28, we were told the maximum slope for driveways was 6%. We have re-
designed in good faith based on this information which we are now being told is incorrect.
These are types of statements that tend to mislead the public and the DRB and thereby create
additional controversy. I would agree that some of these points are relatively minor. The
outgrowth, however, is the same: inaccuracies that probably need to be corrected for the public
record, for the interested public's benefit, and for fairness to the property owner.
it
T h e
B
Group,, Dick Johnson
June 25, 1999
Page 3.
Our goal is to create a development at this location that is an asset to Oro Valley, provides
valuable services to Town residents, and is economically successful. I appreciate your willingness
to look closer at this matter and will make myself available to answer any questions you or other
Council members may have.
Sincerely,
THE WLB GROUP, INC.
0L- )a
avid A. Williams, AICP
Planning and Landscape Architecture
c: Valerie Feuer
Bill Jansen
Hank Nelson, Beztak
w:\HEIDI\199013\djohnson-resp.ltr
J Pk_LEY q R
4.9
O k
O, TOWN OF ORO VALLEY
COMMUNITY DEVELOPMENT DEPARTMENT
• Building Safety • Parks and Recreation
,: • Planning and Zoning • Transit Services
PLANNING&ZONING DIVISION
pOVN p�3�b` 11,000 N. La Canada Drive,Oro Valley AZ 85737
D E Phone: 797-9797 Fax: 742-1022
August 11 th, 1999
David Williams
The WLB Group
4444 E. Broadway
Tucson,AZ
VIA FAX: (520) 881-5313
Subject: Conditions for Forwarding OV12-99-7 La Canada Lambert Lane
Commercial Center Development Plan & Landscape Plan to Town
Council
Dear David,
I have been instructed to bring to your attention that the following engineering conditions
attached in Staff's report to the Development Review Board must be resolved prior to this
item being reviewed by the Town Council:
1. "Written permission from the HOA of the Villages of La Canada for the
construction of the spillway into the existing soil cement channel is required prior
to forwarding the development plan to Town Council."
2. "The fair share cost of maintaining the existing channel shall be addressed with the
Villages of La Canada HOA prior to the development plan going to Town
Council."
Please provide documentation resolving the above issues with the Villages of La Canada
HOA with your resubmittal. Should you not provide this documentation, which resolves the
above conditions to the satisfaction of the Planning& Zoning Administrator, Staff will not be
able to forward the above referenced projects to Town Council for review. Should you have
any questions,please contact me at(520)797-9797 ext. 311,or at dmarsh@orovalley.net
Sincerely,
Da d Marsh
Planner I,Current Planning
\\OV PZD\PZ1\OV\OV12\1999\OV12-99-7\Eng Conditions Prior to TC Review.doc 1/1