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HomeMy WebLinkAboutOV100301 /V ✓ / FROM : The_Cu 1 ver' s_ FAX NO. : 5202191313 Dec. 19 2002 10:24AM P1 pPp J EY Aq?O� TOWN OF ORO VALLEY to'Zs A f‘1 4471/;: l PLANNING &ZONING DIVISION 11,000 N. LA CANADA DRIVE,ORO VALLEY AZ 85737 gip: Phone: (520)229-4800 Fax: (520)742-1022 QUNDW BOARD OF ADJUSTMENT APPLICATION FOR: Zoning Variance Zoning Interpretation O V l 0 - 03 0/ Appeal of Administrative Decision CASE NO.: ;-9°--;�--� 4+-1 �? . NATURE OF REQUEST: Tk e. 0 ti rle,rr 3 e pro per h ct 3 Co nc -f-a-tr\--i-t 9 been t n breech of c �ire e men w rrC r o VOL tkecA t n C e. L 9 S' - 20oo. -the tie veto(gyp r teat 4-0 nd SC ri mfir- of 4h pv c) per- 4 c) and 1nct6 -- o t le d +0 do so _ -The Lafia.. (2ipe, bond and re ira-- on bond hot/Q n of bee r) (elite ri n n r 1 � Ira n 4Ecr+ boe n macke, e_k Co ff\ p( icy()cc, -- e a rv\ 1--hr t\QA-- al on Li re corYis L haue 4bu 1(1�. t?(e`er v)S t s coo& done. a n 3 means pa ss t b 1 e lA 5 n P. APPLICANT: Conn,/ Cv J v e. r PHONE/FAX: ADDRESS: OWNER: !3 2 1 k ,►m pan t e. ADDRESS: 3 )73 / /Vor4h Weskro th9hWa'/, 5u1--e 2 55ou.) farm(rn9 fwn f ,1t-s, rn ! 2 1-1 ._'5)--- 9/o O 4 k 3 3c! 8 t Co n (.41 sfddor C.o u r i- C(u.6 lock 3) a s v'e co�ci ed i n Soo l; 33 Of ifYl a-p a not P I a# a Pam e PARCEL NUMBER: 2 2 q 2-5 0-- Z PROPERTY LOCATION/ADDRESS: A 4 La C�r a c k u-t V Q. L a r-k)e r-E- L a v) e._, LEGAL DESCRIPTION: Ni W 14 5 c T 12 5 ) R i3 1 ( c SR/Y) 1 Blin& Coy d y , A Z- ACREAGE: 'y CA-pp CURRENT ZONING: APPLICABLE FEE: ATTACHMENTS: SIGNATURE OF APPLICANT (AND ALSO PRINT NAME) DATE 1/8/2003 TO: The Board of Adjustment C/o Dee Widero FROM: Conny Culver, Oro Valley Resident RE: Landscape/Restoration Bond for Seaver-Franks Architects and EEC, Representing the Beztak Companies for OV 12-02-06 (SE corner of La Canada Drive and Lambert Lane) Scheduled for January 28,2003. I'm appealing the decision, the decision to do nothing, by the Planning, and Zoning Administrator. The ongoing breech of agreement by the developer has been tolerated too long; I believe this decision should be reversed. As a citizen of Oro Valley,I believe we should no longer be required to endure the unsightliness of the mass grading on the SE corner of La Canada and Lambert Lane. The required landscape screening is long overdue. The continuing breech of agreement and acts of bad faith on the part of the developers is unacceptable. It is my understanding the conditions have been very clear! The walls and landscape barriers were to be in place, all four sides,prior to any construction. This included restoring and revegetating the hill. This site must be revegetated(and landscaped) until a viable plan is approved WITH a start date for ground breaking! The developer, Beztak has repeatedly promised, and been subject to the conditions given by the Town Council, to landscape the entire perimeter of this site and has repeatedly failed to uphold their part of the agreement as far back as 1999-2000. This has gone on too long and it is time to give the citizens some consideration and relief from this blot on the landscape. As recently as the DRB hearing on November 14, 2002 it was noted compliance regarding the screening had still not occurred! Per Sec.1-706 Appeals from Administrative Decisions My action, regarding the Landscape and/or Restoration bond is based,in part, on the Town's failure to comply with Exhibit A,ASSURANCES,Article 4-9, I ask you review Section 4-902,Assurances for Restoration; Section 4-903 Assurances for Landscape and, Section 4-910 Forfeiture of Assurances. • A. The Town may, but shall not be required to, forfeit assurances upon the occurrence of any of the following: 1. Abandonment of the project. A project will be presumed abandoned when there has been no development activity for one year or when the condition of the property may be harmful to the health, safety, and welfare of the community or adjacent property owners. Comment/Question: The grading exception was approved 9-1-99, and no development commenced on this property until OSCO in 2002. Does this qualify as abandonment? If so, why was nothing done? 2. Failure of the owner to cure a violation within 30 days of issuance of the violation notice; or, Comment/Question: IF notices were issued, the owner was in violation and if they were not, why?Again, why was nothing done? 3. When, in any way the developer fails to meet Town requirements and does not correct the situation within 30 days of notice by the Town. Comment/Question: The developer CLEARLY did not meet Town requirements, why was nothing done? In the event of ANY of the occurrences in 4-910A, the Planning and Zoning Administrator shall issue an order to the property owner and obligor of the assurances to show cause as to why the assurances should not be forfeited. As a citizen I believe I'm at a disadvantage in this hearing,I may not have discovered all the records pertaining to this project. Although, as a citizen, I believe the Town has a duty to uphold the best interests of our citizens. Beztak has been allowed to violate our rights. As stated in the General Plan, our community character and our vision are to preserve our natural resources. We have a commitment to accentuation of vistas, natural vegetation, and scenic views. This degrades Oro Valley's environment! Why has nothing been done? PLANNING&ZONING DIVISION 11,000 N.La Canada Drive,Oro Valley AZ 85737 Phone: 229-4800 Fax: 742-1022 NOTICE OF CANCELLATION OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 1-706 of the Oro Valley Zoning Code Revised. NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will not hold a public hearing on Tuesday, February 25, 2003, due to withdrawal from the applicant, the meeting is cancelled the subject matter as described below: OV10-03-01: CONNY CULVER, 10503 N. FAIRWAY VISTA LANE, ORO VALLEY, AZ 85737. REQUEST FOR AN APPEAL OF ADMINISTRATIVE DECISION TO RETAIN THE LANDSCAPE AND REVEGEATION BONDS AS RECIEVED PER ARTICLE 4-9 OF OVZCR, HAS BEEN WITHDRAWN. SUBJECT PROPERTY: PARCEL #22425025C, LOCATED ON THE CORNER OF LAMBERT LANE AND LA CANADA, ORO VALLEY,AZ 85737. REQ: M.Nodine,AICP POSTED: 2-13-03 time: 2 : 00 p.m. by: drm F:\OV\OV10\2003\OV10-03-01\NOTICE OF WITHDRAWAL.doc A ' AFFIDAVIT ' PUBLICATION STATE OF ARIZONA) • :ss. COUNTY OF PIMA ) F OBY!°. MCC MBS being first duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager of THE DAILY'TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tuc- son, County of Pima, State of Arizona and elsewhere, and the hereto attached OV 1 O---O3-01 PUBLIC NOTICE was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for issues; that was first made 18th FEBRUARY 0,:. on the day of t O'..i t�-20 and the last publication thereof was made on the day of FEBRUARY 03 20 ; that said publication wa q igiqiCip of the following dates, to-wit: Request of TOWN OF OR O VAi_R E Y .------Da,"*. ------D�il Territorial ..„, di, ,,,,,, ,..,,,,,e,,-,?, ��Subsitl an ` o before day of 20 0 ......, _ ...,�..._ ��OFF L4/S'��'-HAM -, TP1 QUNT`G < No �fk . ' 'r rr t{i.t li . ®rf 9.ft , STa'ts'ofe ona fvlY 2� \ My Commission Expires: (•7 1 T (.� NOTICE OF CANCELLATION OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 1-706 of the Oro Valley Zoning Code Revised. NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will not hold a public hearing on Tuesday,Feb- ruary 25,2003,due to withdrawal from the applicant, the meeting is cancelled the subject matter as described below: PLANNING & ZONING DIVISION 11,000 N.La Canada Drive,Oro Valley AZ 85737 Phone: 229-4800 Fax: 742-1022 OV10-03-01:CONNY CULVER, 10503 N.FAIRWAY VISTA LANE,ORO VAL- LEY, AZ 85737. REQUEST FOR AN APPEAL OF ADMINISTRATIVE DECI- SION TO RETAIN THE LANDSCAPE AND REVEGEATION BONDS AS RE- CIEVED PER ARTICLE 4-9 OF OVZCR, HAS BEEN WITHDRAWN. SUBJECT PROPERTY: PARCEL #22425025C,LOCATED ON THE COR- NER OF LAMBERT LANE AND LA CANADA,ORO VALLEY,AZ 85737. REQ: Bryant M.Nodine,AICP Pub:The Daily Territorial February 18,2003 Req:Town of Oro Valley pnovl0-03-01 kb TOWN OF ORO VALLEY � ✓ ,, r.� , �� �- *1 11000 N. La Canada Dr. FFB 1 a 03 , ��a Oro Valle AZ 85737 y' �•.. n ctlt • APB,DIETER U.S.POSTAGE RETURN TO SENDER NOT DEL IYERA$LE AS ADDRESSED TUCSON, A? 02 l b 224386090 VILLAGES OF LA CANADA MASTER ASSN ATTN:CADDEN PARFREY SVC INC 7355 N ORACLE STE 110 TUCSON AZ 85704-0000 FEB 1 9 2003 TOWN OF ORO VALLEY . —r- 11000 N. La Canada Dr. Oro Valley, AZ 85737 F rzEi 14'03 7-;4,..,!IP,? 0 • 3 .RETOWY TO SEMDER 110T DEL I VERABLE RS ADDRESSEV 1. TUCSOM AZ 0330 MAR 3 4 224251490 / 2003 ABRAMS CHARLES R&ROBIN A CP/RS 10219 N PITCHING WEDGE LN ORO VALLEY AZ 85737-0000 MFMMd1' 737 1303 14 03/2c1/01; RETURN TO SENDER ABRAMS MOVED LEFT NO ADDRESS UNABLL TO FORWARO RETURN TO SENDER ...—........, ,---rzor„,,zr.,......—.......i. TOWN OF ORO VALLEY 11000 N. La Canada Dr. `---- , Oro Valley, AZ 85737 c'l 13 - c!, A 2• —1"u mE rE H U.S.POSTO,E t ,.,. . , 224386090 \TILLAGES OF LA CANADA MASTER ASSN ATTN:CADDEN PARFREY SVC INC 7355 N ORACLE STE 110 TUCSON AZ 85704-0000 Nita 2 5 2003 NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 1-706 of the Oro Valley Zoning Code Revised. NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday,January 28, 2003, commencing at or after 3:00 p.m. The meeting will be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: OV10-03-01: CONNY CULVER, 10503 N. FAIRWAY VISTA LANE, ORO VALLEY, AZ 85737. REQUEST FOR AN APPEAL OF ADMINISTRATIVE DECISION TO RETAIN THE LANDSCAPE AND REVEGEATION BONDS AS RELIEVED PER ARTICLE 4-9 OF OVZCR. THIS PROPERTY IS CURRENTLY ZONED EL CONQUISTADOR COUNTRY CLUB PLANNED AREA DEVELOPMENT, AREA "D". SUBJECT PROPERTY: PARCEL #22425025C, LOCATED ON THE CORNER OF LAMBERT LANE AND LA CANADA, ORO VALLEY,AZ 85737. The appeal statement is available for review during normal business hours at the Oro Valley Town Hall, Community Development Building. Persons interested may appear in person, by agent or attorney, and the petitioners must appear or be represented. Your Town and the Board of Adjustment value your comments on this request. For more information or to express your opinion please contact Dee Widero at 229-4812. POSTED: 1-8-03 time: 4 : 00 p.m. REQ: n M. Nodine, AICP by: arm F:\OV\OV 10\2003\OV 1 0-03-0 1\NOTICE.doc AFFIDAVIT ^c PUBLICATION STATE OF ARIZONA) :ss. COUNTY OF PIMA ) ROBY MCCOMBQ being first duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tuc- son, County of Pima, State of Arizona and elsewhere, and the hereto attached tR�'J 0--0 —•01 PURL 1 C NOTICE was printed and published correctly in the regular and entire issue of said THE 1 DAILY TERRITORIAL for issues; that was first made 10th JANUARY on the day of 20 and the last publication thereof was made on the day of JA UAR T 071 20 ; that said publication was made Q`n e .c,,h of the following dates, to-wit: 1/iU/uLr Request of TOWN OF ORO VALLEY Daily Teriyrial / (X2 rib 'd nd sw o before i of bsc a o eme day 1 Ut h JANLU RY 20 03 ,,- Q OFFICIAL ? r- 4 Notary POl i i, t of A ona_ PI M "C Q IJ MY C Nctar ��� a e of Arizona q ++w�+4d for the CeLnty efFti d \ My Commission Expires: (00( NOTICE OF PUBLIC HEARING BEFORE THE ORQ JALLEY BOARD OF ADJUSTMENT In accordance with Sec. 1-706 of the Oro Valley Zoning Code Revised. NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, January 28,2003, commencing at or after 3:00 p.m.The meeting will be held at the Oro Valley Town Hall, 11000 N.La Canada Drive and the subject matter will be as further described below: OV10-03-01: CONNY CULVER, 10503 N.FAIRWAY VISTA LANE,ORO VAL- LEY, AZ 85737. REQUEST FOR AN APPEAL OF ADMINISTRATIVE DECI- SION TO RETAIN THE LANDSCAPE AND REVEGEATION BONDS AS RE- CIEVED PER ARTICLE 4-9 OF OVZCR. THIS PROPERTY IS CUR- RENTLY ZONED EL CONQUISTADOR COUNTRY CLUB PLANNED AREA DE- VELOPMENT, AREA"D". SUBJECT PROPERTY: PARCEL #22425025C, LOCATED ON THE CORNER OF LAM- BERT LANE AND LA CANADA, ORO VALLEY,AZ 85737. The appeal statement is available for re- view during normal business hours at the Oro Valley Town Hall, Community Development Building. Persons inter- ested may appear in person,by agent or attorney, and the petitioners must ap- pear or be represented, Your Town and the Board of Adjustment value your comments on this request. For more in- formation or to express your opinion please contact Dee Widero at 229-4812. REQ: Bryant M.Nodine,AICP Pub:The Daily Territorial January 10,2003 Req:Town of Oro Valley pnovl0-03-01 kb NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 1-706 of the Oro Valley Zoning Code Revised. NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday,January 28,2003,commencing at or after 3:00 p.m.The meeting will be held at the Oro Valley Town Hall,11000 N.La Cafada Drive and the subject matter will be as further described below: OV10-03-01: CONNY CULVER, 10503 N.FAIRWAY VISTA LANE,ORO VALLEY,AZ 85737.REQUEST FOR AN APPEAL OF ADMINISTRATIVE DECISION TO RETAIN THE LANDSCAPE AND REVEGEATION BONDS AS RECEIVED PER ARTICLE 4-9 OF OVZCR. THIS PROPERTY IS CURRENTLY ZONED EL CONQUISTADOR COUNTRY CLUB PLANNED AREA DEVELOPMENT,AREA"D". SUBJECT PROPERTY: PARCEL #22425025C,LOCATED ON THE CORNER OF LAMBERT LANE AND LA CANADA,ORO VALLEY,AZ 85737. The appeal statement is available for review during normal business hours at the Oro Valley Town Hall, Coi ity Development Building. Persons interested may appear in person, by agent or attorney, and the peti 's must appear or be represented. Your Town and the Board of Adjustment value your comments on this request. For more information or to express your opinion please contact Dee Widero at 229-4812. TOWN OF ORO VALLEY 11000 N. La Canada Dr. ' Oro Valley, AZ 85737 , 7�) ;yes �y{��....�:.__ TO i 1�t/�.�Y+JiLi �y...... /CR_..'�L�- .�+�"•'.`.�"""� RETURN LJPJ SEND L TUCSnh, PZ 0i 12 224386090 JAN 1 3 2003 VILLAGES OF LA CANADA MASTER ASSN ATTN:CADDEN VAR.-PREY SVC INC 7355 N ORACLE STE-110 TUCSON AZ 85704-0000 y � •• t•2 1 � l?� �i {{!t tillift3i?�tt�t!?flt�ft= fiEtItf fit?;Ilfilf{ttt }=.?Ilt?t}} i} jy ??t ....... ii#iif4 jj/.> f--7 V.... Ly V (DO /Li- 't i-J -Vii I I-J / .--- ....._,,-., ..:. \ ' .,, . 1 ,., ,., . . . , _------------_______,, , 1 r .., i . I . . ; . , ... . . , ..... ., , • ,. = i 1 , ) i 4 . f • i - , y \ _ . 1 ni A _.,... ni MI la 110 f?, ., , MILI 4'-.-: '4,' NI IIIIIIII 1 !, ...1 , •.,, i 4' II ,; , ,i 11 = . , r t Alli . j / ,,IP ., . vi,•00,-;7.,e: .*'':4732rM1 .-it94' ,'. Lon,1""Ni f;VA . . . ...-,,•r•",?""`;,•,r7ir.1.,,,r A, . rir ...... '• '...'.':'!..:.•.,a,i:",..,.A;.:C:. 0 -" \ \ \ \ i Illi , man ; 1 1.10 411111. / 01 CD / MI5 1 1 . I. ."---- : i e • \ \ \------ "----__ / i ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-03-01 Hearing Date: January 28, 2003 Agenda Item No.: 2 Prepared By: Dee Widero, Senior Zoning Inspector REQUEST: CONNY CULVER, 10503 N. FAIRWAY VISTA LANE, ORO VALLEY, AZ 85737 IS APPEALING THE DECISION OF THE PLANNING AND ZONING ADMINISTRATOR TO NOT FORFEIT ASSURANCES ON LA CANADA / LAMBERT COMMERCIAL CENTER. REQUEST SPECIFICS: Ms. Culver is appealing an Administrative Decision to retain the landscape and restoration bonds as received per article 4-9 for the subject commercial center (see the attached application and narrative from Ms. Culver). The attached statement from Mr. Nodine, the Planning and Zoning Administrator, describes the basis of his decision. Pertinent Facts • The development plan for La Canada/Lambert Commercial Center was approved by the Oro Valley Mayor and Council on February 16, 2000. • Existing zoning: El Conquistador P.A.D. —Commercial/Office/Residential (Area D) • The gross area of this development is 14.90 acres. • This development was approved to consist: PAD—A Bank One - approved to build, PAD—B currently vacant, PAD—C Osco, occupied Buildings 1, 2, 3 and 4—vacant • The Town is holding a landscape bond in the amount of$119,373.00. • The Town is holding a restoration bond in the amount of$203,590.00. • 50% of the approved perimeter landscaping has been completed. Chronology(grading and landscape issues only) • 2-16-00 TC approved LP with conditions in accordance with OVZCR Sec. 11- 203B. • 1-17-01 TC approved DP and LP for OSCO, requiring all perimeter landscaping and screening for the entire 14.9-acre site must be established prior to OSCO receiving a certificate of occupancy. • 2-20-02 Pre-app DRC—For mixed use and retail • 4-4-02 From Bryant Nodine,regarding landscape changes made to site and of the conditions that still must be met. • 4-29-02 Request from Charles M. Boyd to remove perimeter landscape condition from OSCO. • 5-16-02 Work schedule from Beztak for Lambert/La Canada Center • 7-10-02 Information on what will be done on site from Beztak • 8-1-02 TC approved revised LP,with the additional condition that Beztak submit the Revised Development Plan within 90 days. • 9-3-02 Pre-app DRC—Multi-family and retail • 9-20-02 DP 1st submittal—Apartments/retail shops • 10-18-02 DP 2nd submittal-Apartments/retail shops • 11-14-02 DRB Study Session • 1-14-03 DRB Regular Meeting—Grading Waiver SITE LOCATION: This site is the graded area located on the southeast corner of La Canada Drive and Lambert Lane. NOTIFICATION: In accordance with ARS 9-462.06F, the property is posted with a notice of hearing and the hearing was advertised in the Daily Territorial. At the time of this report preparation, staff had not received any public comment pertinent to the issues in this case. SITE ANALYSIS: La Canada/Lambert Commercial Center lies adjacent to and north of the Villages of La Canada, to the east a drainage easement and El Conquistador Golf Course. Across and north of Lambert Lane is Canada Hills Market Place, across and west of La Canada Drive is Canada Crossroads. Currently this site is relatively flat with OSCO on the northwest corner of the site. A hill was left on the north property line, a retention basin lies on the southeast section with the well site just beyond. Salvage trees were placed along the east property line with perimeter landscape(more than 50%complete). PLAN ANALYSIS: (Not applicable.) FINDINGS: State Law ARS 9-462.06 (G)(3) provides that the BOA shall: Reverse or affirm, wholly or partly, or modify the order, requirement or decision of the zoning administrator appealed from, and make such order, requirement, decision or determination as necessary. The legal standards for the Boards consideration of this case are the same as those that the courts would use to review the decisions of the BOA or the Town Council. Namely: 1. was the decision within the jurisdiction of the Planning and Zoning Administrator, or conversely, did the Administrator abuse his discretion; and, 2. did the Administrator act with a rational basis, or conversely, was the decision arbitrary and capricious. SUGGESTED MOTION: The Board may wish to consider the following motions: I move to approve OV 10-03-01,thereby reversing the decision of the Planning and Zoning Administrator and requiring that . OR I move to deny OV 10-03-01 finding that: (Board to state reason why the request cannot be granted). ATTACHMENTS: 1. BOA Application with Narrative 2. Code References 3. Assurance and bond information 4. Submittal and case file Information La Canada/Lambert Development 5. Submittal and case file Information on OSCO 6. Comment and communication letters MINUTES ORO VALLEY BOARD OF ADJUSTMENT JANUARY 28, 2003 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 3:03 p.m. ROLL CALL PRESENT: Cindy Lewis, Chairman Bill Adler, Vice Chairman Lyra Done,Member Bart Schannep, Member Colleen Kesseler, Member STAFF PRESENT: Bryant Nodine, Planning and Zoning Administrator Dee Widero, Senior Zoning Inspector Linda Hersha, Secretary II Joseph Andrews, Acting Town Attorney MINUTES MOTION: Member Done moved to APPROVE the Regular Session minutes of December 17, 2002 with the correction noted. Motion SECONDED by Member Kessler. Motion carried, 5-0. 1. CASE NO. OV10-02-04 CONTINUED FROM DECEMBER 17,2002. SOMBRA HOMES INC., 11115 NORTH LA CANADA DRIVE, ORO VALLEY, ARIZONA 85737, REQUEST A VARIANCE TO REDUCE THE REQUIRED FRONT YARD SETBACK FOR PUSCH RIDGE VISTAS SUBDIVISION, LOT 26. SUBJECT PROPERTY: 11038 NORTH PUSCH RIDGE VISTAS DRIVE, ORO VALLEY, ARIZONA 85737 Chairman Lewis announced that at the request of the applicant this item would be pulled from the agenda. 2. CASE NO. OV10-03-01 CONNY CULVER, 10503 NORTH FAIRWAY VISTA LANE, ORO VALLEY, ARIZONA 85737, REQUEST FOR AN APPEAL OF ADMINISTRATIVE DECISION TO RETAIN THE LANDSCAPE AND RE-VEGETATION BONDS PER ARTICLE 4-9 OF ORO VALLEY ZONING CODE REVISED. THIS PROPERTY IS CURRENTLY ZONED EL CONQUISTADOR COUNTRY CLUB PLANNED AREA DEVELOPMENT, AREA "D". SUBJECT PROPERTY: PARCEL #22450025C, LOCATED ON THE SOUTHWEST CORNER OF LAMBERT LANE AND LA CANADA, ORO VALLEY, ARIZONA 85737 01/28/03 flutes, Board of Adjustment 2 Chairman Lewis swore in the witness that was intending to testify. Conny Culver 10503 North Fairway Vista Lane, explained that the property located at the south east corner of La Canada Drive and Lambert Lane had consistently been in breech of agreement with the Town since 1999. She stated that the developer had failed to landscape the perimeter of the property and the landscape bond and restoration bond had not been called. She felt that there had been no effort made to seek compliance from the owner and asked that staff address these concerns as quickly as possible. In answer to a question from Vice Chairman Adler, Conny Culver informed the Board that she was the President of the Autumn Hill Homeowners Association (HOA). Vice Chairman Adler explained that after reviewing the application that he noticed that the commentary attached to the application did not address the particulars of how the Board of Adjustment (BOA) determined an appeal using the Primer's 5 criteria to judge whether an appeal should be upheld or denied. He asked the applicant if the BOA had been explained to her. Ms. Culver replied, "no." Vice Chairman Adler stated that it was very important that the applicant's testimony be germane to the criteria used by the BOA in order to judge the case. He explained that without giving the applicant an opportunity to address the specifics, the BOA would not be in a position to fairly judge the case. He explained that this was a question of whether or not there had been a material error made that needed to be specifically addressed. He suggested that this item be continued until the applicant had a fair opportunity to understand what the requirements were and adequately address them. Chairman Lewis agreed that the Primer's criteria should be made clear to the applicant. She asked if this information was given to an applicant when filing an appeal. Dee Widero, Senior Zoning Inspector explained that the Primer 5 criteria are not given to an applicant but that the information could be made available for them. Chairman Lewis explained that the applicant definitely needed to address the Primer's criteria as well as provide clarity as far as who she was representing. She explained that the BOA needed to know if she was representing the Homeowners Association or herself. Vice Chairman Adler explained that since the Board had heard from the applicant that it would be appropriate to hear the staff report and give staff an opportunity to offer any advice or comments regarding the Board's concerns. Chairman Lewis agreed. Dee Widero, Senior Zoning Inspector, reported that Conny Culver was appealing an Administrative decision to retain the landscape and restoration bonds as received per Article 4-9 for the subject commercial center. She gave the following pertinent facts: 01/28/03 minutes, Board of Adjustment 3 • The development plan for the La Canada and Lambert Commercial Center was approved by the Mayor and Council on February 16, 2002. • Existing zoning: El Conquistador Planned Area Development (PAD) Commercial/Office/Residential (Area D) • The gross area of this development is 14.90 acres. • This development was approved to consist: o PAD—A Bank One— approved to build. o PAD—B currently vacant. o PAD— C Osco, occupied. o Buildings 1, 2, 3 and 4 are vacant. • The Town is holding a landscape bond in the amount of$119,373.00. • The Town is holding a restoration bond in the amount of$203,590.00. • 50% of the approved perimeter landscaping has been completed. Ms. Widero reviewed the following facts in chronological order that strictly related to the grading and landscaping for the site: • The site is relatively flat with the OSCO Drug Store located on the northwest corner of the site. • A hill remains on the north side property line. • A retention basin lies on the southeast section of the site with a well site just beyond. • Salvage trees are placed along the east property line. Findings: ARS 9-462.06 (G)(3)provides that the Board of Adjustment shall: Reverse or affirm, wholly or partly, or modify the order, requirement or decision of the Zoning Administrator appealed from, and make such order, requirement, decision or determination as necessary. The legal standards for the Board's consideration of this case are the same as those that the courts would use to review,the decisions of the Board of Adjustment or the Town Council. Namely: 1. Was the decision within the jurisdiction of the Planning and Zoning Administrator, or conversely, did the Administrator abuse his discretion; and 2. Did the Administrator act with a rational basis, or conversely, was the decisions arbitrary and capricious. Vice Chairman Adler stated that he would prefer to give the applicant an opportunity to testify specifically to the 5 criteria that were outlined in the Primer. He suggested that a summary of the Primer be made available to the Homeowners Association and Conny Culver. MOTION: Vice Chairman Adler moved to CONTINUE this item to the February meeting giving the applicant an opportunity to become familiar with the criteria that the 01/28/03 ,v,inutes, Board of Adjustment 4 Board of Adjustment used and adjust their testimony accordingly. Member Done SECONDED the motion. Motion carried, 5-0. Chairman Lewis opened the public hearing. Chairman Lewis swore in the witnesses that were intending to testify. Doris Dragan, 10171 North Inverrary Place, stated that the owner(Beztek Companies) had not made any serious attempt to landscape or upgrade the property. Mark Steering,22631 Foxmoor,Nori, Michigan, a representative for Beztek Companies and the owner of the subject property explained that the applicant's appeal should be denied for procedural and substantive reasons. He stated that the appeal had been handled improperly under the Oro Valley Zoning Code Revised. He reported that before Beztek purchased the property it had been contemplated that an apartment complex would be placed on the site. He stated that the Planning and Zoning Administrator had not only acted reasonable and prudent, but has acted lawfully under the circumstances. Dyanna Jordan, 1983 West Arizona Rose Drive, stated that she needed more time to review the particulars, therefore had no comment at this time. Cal King, 10261 North Oak Knoll Land, stated that the builder should comply with the granting of the previous variance and complete the landscaping and would be highly opposed to the apartment complex proposal. Vice Chairman Adler suggested that the criteria are made available to the speakers as well as the Homeowners Association. In answer to a question from Chairman Lewis, Dee Widero reported that staff would provide a copy of the Primer's 5 Criteria to those citizens that were interested in obtaining a copy. Chairman Lewis closed the public hearing. Vice Chairman Adler pointed out that it should be made clear how soon an applicant had in order to file an application to appeal a case. Chairman Lewis agreed. 3. DISCUSSION AND POSSIBLE ACTION ON PROCEDURES FOR RECONSIDERATION OF THE BOARD OF ADJUSTMENT Vice Chairman Adler explained that in the past there had been a couple of instances where reconsideration had occurred. He explained that in those instances the chair had been approached by an applicant and was requested to place the item on a future agenda for reconsideration. He believed that there had been no specific criteria or basis used in determining whether to reconsider or not to reconsider a case. He explained that in order to be consistent from one application to another that the Board should decide if it is 01/28/03 ,.linutes, Board of Adjustment 5 important to have a basis for reconsiderations or if the Board should follow the suggestion made by staff to allow a reconsideration to happen automatically. The following topics of concern were discussed: • How reconsiderations apply under Roberts Rules. • The review of the case between staff and board members before a reconsideration is considered. • Once a motion is passed to reconsider a case how does it effect the previous action taken by the board. • How new information effects a case. • Should the previous decision handed down by the board remain in tact? • Does there need to be new information to reconsider a case? • Would it be in the Board's best interest to create a safety net of sort that would allow a case to be revisited? • Changing the policy could cheapen previous decisions made by reopening a case. • Should the Board eliminate reconsiderations entirely? Vice Chairman Adler stated that his preference would not be to allow one member of the board the ability to initiate a request for reconsideration. He gave the following reason why the Board should adopt a new procedure: • The initiation for a request should come from the failing side of the argument within 30 days of the action in written form to the Board. • The Board would consider the request for reconsideration at the next open meeting and discuss it to see if there was enough merit or substance to the request • To vote on a reconsideration at an open meeting and reconsider it at that time. • A reconsideration procedure could be developed, outlined and approved by the Board. • If the reconsideration is approved the applicant would then know how to move forward with the appeal. • A reconsideration should come before the Board and not an individual. • Because the Board of Adjustment changes and as the composition changes this procedure would remain in tact and be consistent. • The chair person should not be placed in a position of trying to manage the concept of new information. Chairman Lewis stated that she was comfortable with the current arrangement for considering an appeal. Vice Chairman Adler stated that the matter of reconsiderations should come before the Board and then the Board would decide publicly at an open meeting. Chairman Lewis stated that the Board members needed a higher level of trust rather than introducing a new procedure that might not allow new evidence brought forward in a case. • 01/28/03 ,,,,inutes, Board of Adjustment 6 Member Kessler felt that the Vice Chair's suggestion might encourage more cases of reconsiderations. Member Schannep recommended that there be further discussion regarding the matter. He agreed that there should be a mandated procedure for reconsiderations but could not support the Vice Chair's recommendation. MOTION: Vice Chairman Adler moved that the Board of Adjustment receive an application for reconsideration or appeal of an action and that the application be discussed by the Board of Adjustment at a public meeting and a decision made to either reconsider or rehear the matter or not; and if the matter is reheard then it would be reheard in it entirely. Motion failed for lack of a second. MOTION: Vice Chairman Adler moved to allow a request for reconsideration to be provided to a member of the Board of Adjustment and the member of the Board of Adjustment brings that request to the full Board without a recommendation. The applicant is present to make their case publicly and the Board proceeds to judge whether the matter should be reheard or not. Motion SECONDED by Member Schannep Discussion: Vice Chair Adler explained that this would give the Board of Adjustment a chance to revisit any fact or evidence that may have been overlooked or misunderstand during the initial hearing. Joe Andrews, Acting Town Attorney, explained that he would do some research regarding the issue to confirm whether or not the Board had the authority to prescribe an appeals process internally for the Board of Adjustment. CALL FOR THE QUESTION Motion failed, 4-1, with Vice Chairman Adler opposed. Vice Chairman Adler asked that a draft be created and presented to the Board pertaining to the process in a reconsideration case. 4. DICUSSION AND POSSIBLE ACTION REGARDING RESOLUTIOIN (R) 02-107, APPROVED BY COUNCIL ON NOVEMBER 20, 2002 Vice Chairman Adler pointed out that the resolution outlined the evaluation process. He explained that the Board of Adjustment should have an evaluation process so that from one (1)board to the next there would be an evaluation process that would be consistent and done fairly. Chairman Lewis reiterated that she was adamantly opposed to having peer evaluations. 01/28/03 ...inutes, Board of Adjustment 7 Vice Chairman Adler recommended that the requirements should define a volunteer's performance and their experience. MOTION: Member Schannep moved to table Item 4's discussion and possible action until after Item#5 has been thoroughly discussed. Motion SECONDED by Member Done. Motion carried, 5-0. 5. SUBCOMMITTEE'S REPORT OF CONSIDERATION AND ACTION REGARDING A MEMBER'S REMOVAL FOR CAUSE Member Schannep explained that the subcommittee had developed a proposed policy for the removal of a member of the Board of Adjustment. He thanked Mr. Andrews for his help in developing the document. The following information is a summary of the proposed stipulations: I. The two reasons for removal of a member for cause from the Oro Valley Board of Adjustment shall rest in the hands of the Chairperson as follows: a. Unexcused Absence: Should a member miss two consecutive meetings or three in one year the Chairperson may consider the position abandoned. b. Ill-Preparedness: should a member demonstrate a pattern of ill- preparedness, the Chairperson may consider removal of the member for the remainder of his/her term. Ill-preparedness may include but not be limited to the following: i. Poor citizenship or unruly behavior. ii. Lack of comprehension to non-technical explanations. iii. Lack of interest, inattentiveness at meetings, and/or sleeping during meetings. iv. Disregard for, and/or defiance of, rules and procedures. II. The procedure for such removal shall consist of the Chairperson presenting his/her decision to the Oro Valley Board of Adjustment along with the documented reasoning. This same presentation shall be presented to the Oro Valley Town Council at the next schedules meeting for ratification. Submitted by Members Lyra Done and Bart Schannep January 28, 2003. In answer to a question from Chairman Lewis, Mr. Andrews explained that this information pertaining to a member's removal could be presented to Mayor and Council at an executive session and not discussed at a public forum. The following issues were discussed: • The definition of unexcused. • The definition of excused. • Who should be contacted when a member intended to be late or was unable to attend a meeting? • What would be considered sufficient notice to be excused? 01/28/03 Minutes, Board of Adjustment 8 • On what basis would a member be excused? Vice Chairman Adler stated that there needed to be some rationale basis for excusing or for a member to be unexcused so that it does not become a debate or controversy. He explained that the criteria for removing someone needed to be defensible and he wanted to be sure that the document was sufficiently detailed. He recommended that there be more specifics added to the document. Member Schannep stated that he would be uncomfortable with getting into a lot of details. He explained that the intent was "the simpler the better" and to provide a guideline but not a hard fast and rule; and to maintain the power of the chair person or the vice chair. He pointed out that the document does state "the procedure for such removal shall consist of the Chairperson presenting his or her decision to the Oro Valley Board of Adjustment along with the documented reasoning."He felt that this should be sufficient. Vice Chairman Adler asked if there was a way to redefine the document so that it coincides with the Zoning Code. He pointed out that the Zoning Code would be used by Mayor and Council when making their decision whether to adopt the proposal or not. Chairman Lewis stated that the document was easily translatable between the propose document and what the Town Council would consider. She said that she liked the idea of keeping it simple and not over complicating the issues. MOTION: Member Done moved to except the propose policy. Member Schannep SECONDED the motion. Motion carried, 4-1, Vice Chairman Adler oppose. 4. DICUSSION AND POSSIBLE ACTION REGARDING RESOLUTION (R) 02-107,APPROVED BY COUNCIL ON NOVEMBER 20, 2002 Mr. Andrews explained that since the Town Council has come forward with the resolution perhaps the Board would be interested in asking the Council about some of the technical terms and how things should be handled. Chairman Lewis and Member Schannep agreed. MOTION: Member Schannep moved to continue Item 4 until the Board receives clarification from Town Council. Member Kessler SECONDED the motion. Discussion: Mr. Andrews explained that the Board could ask the Council what would be the prescription for the evaluation because the resolution did not outline anything other than a one page report. Chairman Lewis reiterated that this information would be used for guidance as opposed to clarification. Vice Chairman Adler reported that he had submitted a letter to Mayor Loomis, Town Manager Chuck Sweet, and Human Resource Director Jeff Grant,but has not received a 01/28/03 ,v„nutes, Board of Adjustment 9 response. He agreed that the Board should be asking for clarification as opposed to waiting. Call for the Question Motion carried, 4-1, with Vice Chairman Adler oppose. 7. PLANNING AND ZONING UPDATE Bryant Nodine,Planning and Zoning Administrator, gave an update on the following projects: • The General Plan is under consideration by the Town Council. • The Sign Code and the Work Plan will go before the Planning and Zoning Commission February 4th • The Beztek Property appeal and grading waiver is being scheduled to go before Town Council in the first week in March. 8. ADJOURNMENT Chairman Lewis moved to ADJOURN the meeting at 5:15 p.m. Vice Chairman Adler SECONDED the motion. Motion carried, 5-0. Respectfully submitted, Linda Hersha, ecretary II