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HomeMy WebLinkAboutOV129907 L.0 4 (V . • John C. Maxwell Tucson, AZ 85737 RJA 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 ':r51b..ax+'ic7H�`b►"!'!'l^�'�:�'R'+�.vwn.tin.rr..n..........s_._,. qi-z-featrsistu )g),. two .,.; w ii1"+"' a-- A-P--5/34 ' t 0-4 iLtc -e e,izi a ue_._es_rgf sc SI< i e _---------, c, ,), / ,_ -) •/--b /---ez-t , 0 _,„..6 , . ,.-.,,4 7 yze..., - ,-5 e_i _ _.... ._...., z-rt ww3- /-itth, --,---/..e _ Z6LA --c4--,E!_,- (i4z- YllicL - "1 l"-A) (Ole / _ . // ,c-f- a/- ilev-ce_w- 70,- da-iv/7 ,-e.1 -641-Se — (le>-1 / u,,e2e,w • 2 ,,--ei_c,c-,) 1/,,,,9 &e,2- lak— C ., yau,) cLocia--- ',J ,?cl _ 6 c-7--)Ae Cil-ct}e-i01(-7-4/-5 *I-464A/ 7-te- t?"-k e44 1 -754.. i (L- irt e.-C, ,,_ (L /' 7iee-dAe ,.CA - 414/-,, 4_1__ ?4-2e,) a‘LL,41/zie I--il _-c- --‘) 'i / i/t5 v4t/ _ / /Yn -----D vi, .- ioy) 5 zi_AA/___, o---(-e--a2--r /-4---/t- fri4: 7 ;2,,r r — ttt..// 4 19-1- ei6Litzt, I -----...c/e-,- • 2117-2i/ -t ,t,ic- _ 3 qusA -i 4 tyl.s_f_lturftlilicmGerraslhar .-- .•....,... •... ::"."':. r4,6c 1 V1 L, 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 Get the Internet just the way you want it. Free software, free e-mail, and free Internet access for a month! Try Juno Web: http://dl.www.juno.com/dynoget/tagL. P\-LEY qR t 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 ,, AND DOES NOT CONS UTUTE A SURVEY B L O C KS 1 -- 3 i ` P,Ri-F'RI Y v —1 3 /:/i„_V. L-_ 1 !• - 4S.'_,i'S_-f7 it' L�T!1 'Y aJ(\'`,v�r r — r� _ _ .--,4'"�? P.. t S cm.- C.t.k?..i \S v r r !S,' 4a;:? 1; -\C2 i ��v _ �_oo ��— = 2�3 ' �v r ZO e. . 233.S3' 1Z BLOCK 3 toa - ,. ' t �,4 Qo'° �24 :;'- 15.00 AC. 1 n ! 3 �. I \)\ J :� 0031• --ct�'�c oo PaETiOi'OP ; ti e Ia9.0C• :i o O 73 , . s -� ; o° o S�CJ. TIP.£- 2( -- I -, ,t, BLOCK ,2 v '`' . 2 ? cones aei-es o 'N ' o T ..z ui,,.„ :-.) X = = -., . e 15.40 AC. (a) A; CI CI i 1.. N n'20' Sp- .' i 1 c jai k) Z \ �1 i y� FEU. !?'1.�. �YV. QO!• . 503.94 054.9: •�slc o I v 783.33' .c.v�.�.ws . //I LWLW. :r. !!1 !! Ra2a ; ` �T. !4 s IS �-`��J5{7.50_ L.- -?93.33' -1�' _ 303.00' ' :=39.29'` �� t• 30-63-.- 5c:.33' —:755 :3 LA Cazs — z6 6C _NA 2 . r— __ ___,_ ^ - 6 2:5.03% 2C5.:6' • . (NOW) (1),..r. o �o t/ I �46 091 ![bcP N , :u g 3 Z�9 �3 �� �, CA.NADA \\ i I 2I3.30' a ,;!t •. A 1 11073 1-22 264.43 ,a. 111112 BLOCK u �f g PARCELt:. 't � y 3 K 1.1\, c= 12.06 A . o a 112 )f.`ii v 3p-CO-+O 1 •: SE:3C c 33 34:c 92 MLP /`' , I 339.96' :95.-: iI CO) .t /*- ! i.J I ' ASSESSED IN S:^.::. :S :25:R S10, r;2S,.4�3E p-... 1 L CC�E: 224-24 _ ��mp33\33332-:Si.a9- 3. a I 723•VW' J� '._y i - GCa� 330 4x G i . 2075 (1) r - V 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/ / I f/ ) / - e d Y 1,/t, P Tf t F e n ," 6•::,4 4 0 u Oi r s . d i /1/4 . ..)t A 1,a- -- • """4 • *41-47-2 . . .' al .• t _E-Y . 1 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 : tn, .-k . ')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/ :-;.'4.--------- ir • 41 '-'.-- ' ---- ."'''. 'j ,, 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 , ...,..,.._ i ......... ( 7, --:7-r---- ii r: v-------t-, ....„, ,_,... • .,. ,N, , ./. ., ,. ; . ,ei, < si cmaturE ,;/.--------- ---*-----2,-'4'7';--------- Da.17,.e ?......,p - f .„..j0 i \ , ,... , -_,.....„,._,.„..„..,„--• -,,._ 1 -it' 'iv., 0--LY 4P., ,,/,, ,• 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, -- ,m D 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. A 4r, r It) ;An, 0/1'2. 0 ,..) - (b/V7.' /71 r h)Y' V-1) . r/14 1 - .I' l �i i 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* /Kb lb' 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