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HomeMy WebLinkAboutOV100307 AFFIDAVIT " PUBLICATION STATE OF ARIZONA) COUNTY OF PIMA ) JAMIE C. MACIA0 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 10-03-w07 BARRY GILLASF'IE PUBLIC HEARING was printed and published correctly in the regular and entire issue of said THE JANUARY.J DAILY TERRITORIAL �b� issues: that was first made •_:nG on the day of 20 and the digitiEUIAREVIon thereof waiiade on the day of 20 ; that said publication 01/02/04 was made on each of the following dates, to-wit: Request of TOWN OF ORO VALLEY Daily Territorial By cik,'\,\ C (-„,) Subs i ed and sworn to before me this day of 2h d JANUARY 20 04 ESE Notar Pubiw or e Co:" .f 'i to o Ari na 1 My Commission Expires: -9 (1/0(.1 ` t NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF AD. ENT 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 pub- lic hearing on Tuesday, January 27,2004, 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: OV10-03-07: BARRY GILLASPIE,REQUEST FOR AN APPEAL OF ZONING CODE INTERPRETATION ZCI03-04,PERTAINING TO FREE-STANDING BUILDING PADS WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE PLANNING AND ZONING ADMINISTRATOR. SUBJECT PROPERTY: PARCEL #22512065A,LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD,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. REQ: Bryant M.Nodine,AICP Pub:The Daily Territorial January 2,2004 Req:Town of Oro Valley pn10-03-07 kb JANUARY 2, 2004 1 ne uaily i erritor(ai Trustee Sales PHONE: 8006696650 DATED:December 12, 2003 CHICAGO TITLE. NameBeneficiary:and CountAddressrywide ofHome CurrentLoans, Arizona 85016(602) 255-6000 Dated : Trust. November 19, 2003 Michael A. Bosco, Mortga INSURANCE COMPANY Successor Inc,400 COUNTRYWIDE WAY SV-35, Jr., Attorney at Law Trustee/Successor Citifinai foreshortened to meet the points of Trustee BY: Authorized Signature SIMI VALLEY, CA. 93065 PHONE: Trustee,is qualified per ARS Section 33- North F intersection with the property and or ASAP571949 8006696650 DATED: December 12, 803 (A)2 as a member of The Arizona Coppel, other lines: Commencing at the Pub:The Daily Territorial 2003 CHICAGO TITLE INSURANCE State Bar STATE OF ARIZONA County Michae northwest corner of that parcel of land December 26,2003 COMPANY Successor Trustee BY: of Maricopa This instrument was Camelt described in Docket 7348 at page 908 January 2,9,16,2004 Authorized Signature ASAP571820 acknowledged before me on 11/19/03, Arizonr as filed in the Pima County Recorder's Req:A.S.A.P. Pub:The Daily Territorial by MICHAEL A. BOSCO,JR.,Attorney Novem Office, Pima County, Arizona, being a trgifford kb December 26,2003 . at Law, as Trustee/Successor Trustee. Jr., Att. 1/2" rebar tagged LS 25086; Thence January 2,9,16,2004 Carrie A. Anderson, Notary Public Trustee South 89°15'49" East along the north Req:A.S.A.P. Commission expiration is 7/25/2007 803(A line of that parcel of land as described in NOTICE OF TRUSTEE'S SALE trabbey kb 12:00:00 AM NOTICE:This proceeding State E said Docket 7348 at page 908,parallel ARIZONA TS No. 03-16592 Doc ID is an effort collect a debt on behalf of the of M, with and 15 feet north of the south line of #00024413892005N Title Order No. beneficiary under the referenced Deed ackno% the Southeast quarter of Section 10 3656372 APN No. 221-12-11509 Thb NOTICE OF TRUSTEE'S SALE File ID. of Trust.Any information obtained will be by MI( Township 13 South Range 13 East,Gila following legally described trust property #03-05578 Zawicki Rec 11-20-03 used for that purpose.Unless the loan is at Law and Salt River Base and Meridian,Pima will be sold, pursuant to the power of 0003866043/0003866043 Title No: reinstated, this Trustee's Sale Carrie County,Arizona,a distance of 33.90 feet sale under that certain Deed of Trust 3655833 FHA/VA No: 1672720457 proceedings will result in foreclosure of Comm to the Point of Beginning;Thence North Recorded on 12/30/1997,as Instrument Notice is hereby given that Michael A. the subject property.ASAP571382 12:00:1 5°17'02"East along the alignment of an Number 97213736, Book 10702, Page Bosco,Jr.,Attorney at Law,as trustee Pub:The Daily Territorial is an e existing dirt road a distance of 42.45 1370 , in the records of Pima County, (or successor trustee, or substituted December 19,26,2003 benefit feet; Thence North 10'50'59" East a pursuant to the Deed of Trust January 2,9,2004 of Trus Arizona,at public auction to the highest trustee), Req:A.S.A.P. ft distance of 41.58 feet; Thence North bidder at:Outside the East door of the which had an original balance of usedta 18°37'54"East a distance of 39.80 feet; new Courts Building, 110 West $76,415.00 executed by George L. trzawicki kb reins Thence North 31°38'24"East a distance procee Congress,Tucson,AZ on 03/16/2004 at Zawicki, a single man, 2350 West the sul of 39.79 feet; Thence North 43°33'42" 11:30AM of said day."EXHIBIT A"LOT Sahuarita Road, Sahuarita; AZ 85629, Pub:l East a distance of 34.20 feet; Thence 115,OF COUNTRYSIDE TERRACE,AS dated May 11, 1999 and recorded May North 0°44'11"East a distance of 34.65 SHOWN BY SUBDIVISION MAP 19, 1999, as Instrument No./Docket- NOTICE OF TRUSTEE'S SALE File ID. Decen feet more or less to a point on the south RECORDED IN BOOK 37 OF MAPS AT Page 11050-3056 of Official Records in #03-05522 Yslava Rec 11-17-03 Janua line of the above described Parcel "1" PAGE 51, RECORDS OF PIMA the office of the County Recorder of 842310/842310 Title No:--FHANA No: Req:i and the Point of Terminus.(jv arb 173) COUNTY, ARIZONA, EXCEPT ALL Pima County,State of Arizona,will sell --Notice is hereby given that Michael A. tryslar THE SUCCESSOR TRUSTEE COAL AND OTHER MINERALS AS the real property described herein by Bosco,Jr.,Attorney at Law,as trustee APPOINTED HEREIN QUALIFIES AS A RESERVED IN THE PATENT FROM public auction on February 19,2004 at (or successor trustee, or substituted TRUSTEE OF THE TRUST DEED IN THE UNITED STATES OF AMERICA. 11:30 AM,outside the East door of the trustee), pursuant to the Deed of Trust NOTI( THE TRUSTEE'S CAPACITY AS A THE SUCCESSOR TRUSTEE new Courts Building, 110 West which had an original balance ofTruste TITLE INSURANCE COMPANY AS APPOINTED HEREIN QUALIFIES AS A Congress,Tucson,AZ. ,to the highest $61,374.90 executed by Carlos R. 01083 REQUIRED BY ARIZONA REVISED TRUSTEE OF THE TRUST DEED IN bidder for cash(in the forms which are Yslava and Alma R. Yslava, husband The I STATUTES SECTION 33-803. THE TRUSTEE'S CAPACITY AS A lawful tender in the United States and and wife,who acquired title as Carlos R. SUBSECTION A." The Deed of Trust TITLE INSURANCE COMPANY AS acceptable to the Trustee, payable in Yslava,an unmarried man and Alma R. proper and/or Beneficiary provide the following REQUIRED BY ARIZONA REVISED accordance with ARS 33-811A),all right, Sanchez,an unmarried woman,as Joint p sower purported property location:1650 WEST STATUTES SECTION 33-803. title,and interest conveyed to and now Tenants with right of survivorship,3743 Instruit SUNSET ROAD, TUCSON, AZ, 85704 SUBSECTION A." The Deed of Trust held byit under said Deed of Trust, in S. Liberty Ave., Tucson, AZ 85713, •Said sale will be made for cash(payable and/or Beneficiary provide the following the property situated in said County and dated October 18, 2000 and recorded recorc public at time of sale),but without covenant or purported property location: 5181 E State and more fully described as: October 23, 2000, as Instrument Outsic p warranty, express or implied, regarding WALACHITE PL,TUCSON,AZ, 85742 Parcel No. 1: That portion of the No./Docket-Page 11409-2266 of Official bu tsir title, possession'or encumbrances, to Said sale will be made for cash(payable Northwest quarter of the Southwest Records in the office of the County pay the remaining principal sum of the at time of sale),but without covenant or quarter of Section 9,Township 17 South, Recorder of Pima County, State of AZ, day.,i note secured by said Deed of Trust, warranty,express or re ardin Ran a 15 East,Gila and Salt River Base Arizona, will sell the real property which includes interest thereon as implied, regarding g MON- title, possession or encumbrances, to and Meridian, Pima County, Arizona, described herein by public auction on provided in said note,advances, if any February 18,2004 at 11:30 AM,outside Couni the remaining principal sum of the described as follows: From the under the terms of said Deed of Trust, the East door of the new Courts Book note secured by said Deed of Trust, Northwest corner of said Northwest Building, 110 West Congress, Tucson, the of interest on advances, if any, fees, which includes interest thereon as quarter (the West quarter corner); Pima charges and expenses of the Trustee provided in said note,advances, if any THENCE South 89 degrees 58 minutes AZ. ,to the highest bidder for cash(in Puma and of the trust created by said Deed of under the terms of said Deed of Trust, 43 seconds East,along the North line of the forms which are lawful tender in the and/o Trust. The original sum of the note is interest on advances, if fees, said Northwest uarter, 717.40 feet; United States and acceptable to the $149,000.00. Trustee will accept onlyexpensesany, q Trustee, payable in accordance with purpo p charges and of the Trustee THENCE South 00 degrees 02 minutes 17th cash or cashier's check for and of the trust created by said Deed of 20 seconds East,502.11 feet;THENCE ARS 33-811A),all right,title,and interest reinstatement or price bid payment. Trust. The original sum of the note is South 89 degrees 57 minutes 48 conveyed to and now held by it under Salle, Reinstatement payment must be paid $91,698.00. Trustee will accept only seconds East,162.20 feet to the POINT said Deed of Trust, in the property ) before five o'clock P.M on the last day cash or cashier's check for- OF BEGINNING; THENCE continue situated in said County and State and expr,e other than a Saturday or legal holiday reinstatement or price bid payment. South 89 degrees 57 minutes 48 more fully described as:That part of the posse before the date of the sale. The Reinstatement payment must be paid seconds East,440.02 feet to a point on Lot 28 of the Subdivision of the remai Purchaser at the sale, other than the before five o'clock P.M on the last da the East line of said Northwest quarter; Southwest quarter of Section 25, secur beneficiary to the extent of his credit bid, other than a Saturda or holidayy THENCE South 00 de rees 01 minutes Township 14 South,Range 13 East,Gila incluc shall pay the price no later than five before the date of the legalale. The 30 seconds East, alo g said East line, and Salt River Base and Meridian,Pima said e Im_ o'clock P.M.of the following day,other Purchaser at the sale, other than the 409.30 feet;THENCE North 89 degrees County,Arizona,according to the Map of than a Saturday or legal holiday.Name beneficiary to the extent of his credit bid, 57 minutes 48 seconds West, 439.91 said Subdivision of record in the office of advat and Address of Original Trustor:LESLIE shall pay the price no later than five feet; THENCE North 00 degrees 02 the County Recorder of Pima County, expel t A GIFFORD, AN UNMARRIED MAN, o'clock P.M. of the followingday,other minutes 20 seconds West,409.30 feet to Arizona,in Book 3 of Maps and Plats at 1650 WEST SUNSET ROAD,TUCSON, page 48 thereof,described as follows to origin than a Saturday or legal holiday.Name the POINT OF BEGINNING.Parcel No. AZ, 85704 Name and Address of wit;BEGINNING at the Northeast corner Trust and Address of Original Trustor: DANA 2:An easement for ingress,egress and Current Trustee: CHICAGO TITLE L. ABBEY AND CATHERINE M. utilities over the East 25 feet of the West of said Lot 28;THENCE South along the cashi INSURANCE COMPANY, 16969 VON ABBEY,HUSBAND AND WIFE,5181 E half of the West half of Section 9, East line thereof 350 feet to the TRUE price KARMAN, SUITE 200, IRVINE, CA WALACHITE PL,TUCSON,AZ, 85742 Township 17 South,Rang a 15 East,Gila POINT OF BEGINNING;THENCE West payrr 92606. FOR INFORMATION CALL: Name and Address of Current Trustee: and Salt River Base andMeridian,Pima and parallel with the North fine of Lot 28 P.M. (800) 281-8219 SALE INFORMATION: CHICAGO TITLE INSURANCE County, Arizona; Except any portion a distance of 133 feet;THENCE South of sar (805) 578-6618 Name and Address of COMPANY, 16969 VON KARMAN, lying within Parcel No. 1 herein and parallel with the East line of Lot 28 a than Current Beneficiary:Countrywide Home SUITE 200, IRVINE, CA 92606. FOR described.The street address/location of distance of 49 feet, more or less to a Loans, Inc, 400 COUNTRYWIDE WAY INFORMATION CALL: (800) 281-8219 the real property described above is point distant 236.55 feet North of the credi' -SV-35, SIMI VALLEY, CA. 93065 SALE INFORMATION: 805 578 6618 ur orted to be: 2350 West Sahuarita South line thereof; THENCE Easterly than ( ) Sahuarita, AZ 85629 Tax Parcel No.: and parallel with the South line of Lot 28 day, 305-22-21506 The undersigned Trustee a distance of 133 feet to the East line holid• NOTICE OF PUBLIC HEARING disclaims any liability for any thereof;THENCE North along said East qualm BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT incorrectness of the street address and line,49 feet,more or less,to the TRUE the In accordance with Sec.1-706 of the Oro Valley Zoning Code Revised. other common designation, if any, POINT OF BEGINNING. The street agen Star NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public shown herein.The beneficiary under the address/location of the real property purported to be: Nam above is hearing on Tuesday,January 27,2004,commencing at or after 3:00 p.m.The meeting aforementioned Deed of Trust has describedBarb will be held at the Oro Valley Town Hall,11000 N.La Canada Drive and the subject accelerated the Note secured thereby 3743 S.Liberty Ave.Tucson,AZ 85713 1 1 9 No.: -04-1 2509 The sole matter will be as further described below: and has declared the entire unpaid Tax Parcel StreE OV10-03-07: BARRY GILLASPIE, REQUEST FOR AN APPEAL OF ZONING CODE principal balance,as well as any and all undersigned Trustee disclaims any Addr INTERPRETATION ZC103-04, PERTAINING TO FREE-STANDING BUILDING PADS other amounts due in connection with liability for any incorrectness of the street WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE said Note and/or Deed of Trust, address and other common designation, Your PLANNING AND ZONING ADMINISTRATOR. SUBJECT PROPERTY: PARCEL immediately due and payable.Said sale if any, shown herein. The beneficiary and #22512065A,LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND will be made in an"as is"condition,but under the aforementioned Deed of Trust Stet HARDY ROAD,ORO VALLEY,AZ 85737. without covenant or warranty,express or has accelerated the Note secured Ston The appeal statement is available for review during normal business hours at the Oro implied, regarding title, possession or thereby and has declared the entire 492CTrus Valley Town Hall,Community Development Building. Persons interested may appear in encumbrances, to satisfy the unpaid principal balance,as well as any person,by agent or attorney,and the petitioners must appear or be represented. Your indebtedness secured by said Deed of and all other amounts due in connection Corp Town and the Board of Adjustment value your comments on this-request. For more Trust,advances thereunder,with interest with said Note andior Deed of Trust, information or to express your opinion please contact Dee Widero at 229-4812. as provided therein, and the unpaid immediately due and payable.Said sale 706E principal balance of the Note secured by will be made in an"as is"condition,but Sale REQ: Bryant M.Nodine,AICP Add Pub:The Daily Territorial said Deed of Trust with interest thereon without covenant or warranty,express or January 2,2004 as proved in said Note, plus fees, implied, regarding title, possession or Mort Req:Town of Oro Valley charges and expenses of the Trustee encumbrances, to satisfy the Sys; pn10-03-07 kb and of the trusts created by said Deed of indebtedness secured by said Deed of Trust. Current Beneficiary: Cendant Trust,advances thereunder,with interest Min Mortgage Corporation Care of/Servicer as provided therein, and the unpaid Broc .. mA 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 27, 2004, 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: OV10-03-07: BARRY GILLASPIE, REQUEST FOR AN APPEAL OF ZONING CODE INTERPRETATION ZCI03-04, PERTAINING TO FREE- STANDING BUILDING PADS WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE PLANNING AND ZONING ADMINISTRATOR. SUBJECT PROPERTY: PARCEL #22512065A, LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, 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: 12 -31-03 RE . t M.Nodine,AICP time: 11: 0 0 a.m. by: drm F:\OV\OV10\2003\0V10-03-07\NOTICE.doc 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 27, 2004,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: OV10-03-07: BARRY GILLASPIE, REQUEST FOR AN APPEAL OF ZONING CODE INTERPRETATION ZCI03-04,PERTAINING TO FREE-STANDING BUILDING PADS WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE PLANNING AND ZONING ADMINISTRATOR. SUBJECT PROPERTY: PARCEL #22512065A,LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD,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. 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 27, 2004,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: OV10-03-07: BARRY GILLASPIE, REQUEST FOR AN APPEAL OF ZONING CODE INTERPRETATION ZCI03-04,PERTAINING TO FREE-STANDING BUILDING PADS WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE PLANNING AND ZONING ADMINISTRATOR. SUBJECT PROPERTY: PARCEL #22512065A,LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD,ORO VALLEY,AZ 85737. The appeal statement is available for review during normal business hours at the Oro Valley Town Hall, Community Development Building. 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Aire*01011 k 44100 ,:,.. „..., .• . ,Iiii,_Mak 4= Atimiltfrp ,. .-, 1• I 1 / 444,114a111% ][----P I Iiii111 F1111111i ''' ' ____.., ' ''' Nik-1-.:v.' ;‘ ''' ,p. .' I 17'. / ? . / wager , , • ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-03-07 Hearing Date: January 27, 2004 Agenda Item No.: 1 Prepared By: Bryant Nodine,AICP,Planning and Zoning Administrator REQUEST: BARRY GILLASPIE, REQUEST FOR AN APPEAL OF ZONING CODE INTERPRETATION ZCI03-04, PERTAINING TO FREE-STANDING BUILDING PADS WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE PLANNING AND ZONING ADMINISTRATOR. SUBJECT PROPERTY: PARCEL #22512065A, LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD,ORO VALLEY,AZ 85737. REQUEST SPECIFICS: Mr. Gillaspie is appealing a decision of the Planning and Zoning Administrator for the following reasons: o the decision rewrites the Code rather than clarifying it; o the decision is erroneous; o the decision exceeds the authority of the Administrator; and, o the decision is arbitrary. The specifics of the appeal are presented in the attached letter dated December 14, 2003. SITE LOCATION AND DESCRIPTION: The site is a vacant, C-1 zoned, 8.85-acre lot on the northeast corner of Oracle and Hardy Roads. The property slopes from the northeast corner to the southwest corner approximately 40' BACKGROUND Due to the topographical constraints, the property has been difficult to develop in the past. In the last five years, three applicants have proposed projects for the site. Grading has been an issue in each case. Eckerd's is the most recent applicant for the site. In July, a conditional use permit was approved by the Town Council for the Eckerd's Drug Store double drive-through window. The drive-through is defined in the OVZCR as a convenience use; therefore, a use permit was required to assure land use compatibility. The other proposed uses are permitted on this site. In November, 2003, the Development Review Board (DRB) recommended approval of a development plan for the site. That plan is on hold now pending resolution of this appeal. During staff review of the development plan, there was a question on application of a section of the Oracle Road Scenic Corridor Overlay District (ORSCOD) to the project because, absent a specific definition of a free-standing pad, it was not clear if that definition applied to the development. Thus an interpretation, attached herewith as ZCI03-04,was necessary. BASIS OF THE DECISION Eckerd's does not fit the definition of a free-standing pad. The interpretation was initiated to determine if the Eckerd's drug store fit the term "free-standing pad". As noted by Mr. Gillaspie there is a definition for"free-standing"—basically any structure not attached to another. The question then is what does the addition of the term "pad" to that mean to the way it is used within the relevant section of the Code. "Pad" is not defined in the code. Typically it means any prepared area on which a building may be placed. In this case, however, the term "pad" is used in the code with a more specialized meaning. The interpretation of the term"free-standing pad"relies on these portions of the code. Code References within Article 10-4, Oracle Road Scenic Corridor Overlay District The subject section refers to "free-standing pads" and their allowance based on the size of a "principal structure". The term "principal" by standard definition means "the most important or noteworthy person or thing". As noted in the interpretation, the Eckerd's, by size alone, fits the definition of a"principal structure". The second item to support the interpretation is the illustration of the subject section's requirements. That illustration, included with the interpretation and entitled Free-standing Pad Illustrations, shows two conceptual commercial center plans with free-standing pads. Three aspects of the free-standing pads are clear in the illustrations: (1) they are part of a center; (2) they are much smaller than the primary structures in the center; and (2) they are immediately adjacent to Oracle Road. Code References within Chapter 9, Conditional Use Regulations The interpretation is further supported by Chapter 9, which addresses specific requirements for conditional uses such as freestanding banks, service stations, and convenience uses (fast-food establishments and convenience stores among others). Within that Chapter, the following sections use the term "pad": 9-102.D.3, 9-102.E.2, 9-102.E.3, 9-110.D.3, 9-110.F.2, and 9- 110.F.3. These state: The architectural character of the pad buildings shall be integrated with the design theme of the center. When located in a larger center, the landscaping of the pad building shall be compatible with the landscaping of the main center. When located in a larger center, clearly identifiable landscaped pedestrian walkways shall be installed connecting the pad buildings to parking areas and the larger commercial center. Section 9-110.A.5 states: "Convenience uses shall be ancillary to and located in shopping centers," and"convenience uses shall not exceed 1 pad per 4.5 acres of shopping center." From the references in Chapter 9, which use the terms "main center", "larger center" and "ancillary to," it is clear that the term"pad"refers to a smaller structure within a larger center. 2 f If the Eckerd's is a principal structure the additional buildings are permitted. The subject section of the code regulates "free-standing building pads fronting on or directly accessible from Oracle Road." The two structures to the rear of the site are permitted because they do: (1) they do not front on Oracle Road; and (2) they are not directly accessible from Oracle Road. While "fronting" and "directly accessible" are not defined in the code, the buildings at the rear of the site are not directly on Oracle Road and clearly do not meet the concept of a free-standing pad as illustrated in Free-standing Pad Illustrations. The rationale for permitting the restaurant as a free-standing pad, as covered in the interpretation, is based on the provision in the Code that allows the Planning and Zoning Administrator to recommend standards (see below). The Planning and Zoning Administrator has the authority, per Section 10-401.C, to recommend standards to assure compliance with ORSCOD goals and objectives. Basically this is a situation where ORSCOD regulates a site on the assumption that the site can be fully developed with a standard commercial strip type product rows of shops in a strip or "L" configuration with pads along the roadway frontage. This case differs in two ways: 1. The development plan for the site does not fit the standard configuration anticipated by, and illustrated in, the subject section of ORSCOD, 10-407.C. In fact, the standard commercial development illustrated in the subject section, is not desirable because a series of smaller, separated buildings respond to the topography of the site thereby reducing cuts and fills. 2. The subject section also anticipates that a 5 acre site can achieve a floor area ratio (FAR) of at least 23% (50,000 square feet on a five-acre site). This is achievable on typical sites. However, on this site, with the topography, the Town's desire per ORSCOD for connection to the north, and the ORSCOD requirement for a 100-foot natural area adjacent to Oracle Road, the FAR on the site is less than half what is typical. While it might be feasible to place over 50,000 square feet of building on this site it is not desirable. Recognizing these factors, the Planning and Zoning Administrator determined that application of Section 10-407.0 was at best questionable and at worst contrary to sound planning practices. He instead applied Section 10-401.C, Special Recommendations, which states: The Planning & Zoning Director may recommend such development standards as the director deems necessary to assure compliance with Oracle Road Scenic Corridor Specific Plan Goals and Objectives and for the protection of neighboring residences for all plats and development plans that may be submitted in the development period. In this case, the Planning and Zoning Administrator developed one standard to assure compliance—the allowance for the separation of the northern restaurant pad from the buildings to the rear of the site. Items 1-6 at the end of the interpretation are not, and were never intended to be, development standards; they are the rationale, based on ORSCOD goals and objectives, for that single development standard. As noted in the attached interpretation, deleting the restaurant pad, requiring the restaurant to be connected to the buildings in the rear of the site, or connecting the buildings in the rear of the site and increasing their height and coverage to achieve 50,000 3 • square feet and thereby allow the restaurant pad, are all contrary to the goals and objectives of ORSCOD. The decision was within the authority of the Planning and Zoning Administrator. Per Section 1-502.J, interpretations are within the authority of the Planning and Zoning Administrator. The interpretation was required because there was a question on application of a section of the Code to the project. That question was posed because, absent a specific definition of a free-standing pad, it was not clear if that definition applied to the Eckerd's. The interpretation was not arbitrary. This is true for three reasons: 1. As presented above, the interpretation was based on standard terminology and relevant sections of the Code. 2. The interpretation was based on the goals stated within the Oracle Road Scenic Corridor Overlay District. 3. The interpretation follows the standard within the Code related to interpretations. Namely, per Section, 1-102.A, that: "When the provisions of this Code are interpreted or applied, they shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare." NOTIFICATION All property owners within 300 feet of this property were notified by mailing of this hearing. 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 has not received any public comment. BASIS FOR REVIEW OF APPEALS The Board of Adjustment Primer provides the following standard for favorable review of an appeal: 1. The decision, which is being appealed, was an abuse of discretion (violates the intent and policy of the statute or is unreasonable, arbitrary, capricious, unfair, or discriminatory; or 2. it exceeded the Planning and Zoning Administrator's power or authority; or 3. it is in error; or 4. it involved fraud or bad faith; or 5. it lacks evidence to support it. SUGGESTED MOTIONS I move to uphold the decision made in ZCI04-04 finding that: OR I move to reverse the decision made in ZCI04-04 finding that: ATTACHMENTS: 1. Location map (aerial) 2. Interpretation ZCI03-04 4 f r t 3. Appeal Application dated December 14,2003 4. Development Plan(excerpt) F:\OV\OV 10\2003\10-03-05\REPORT.doc 5 ZONING INTERPRETATION ZCI03-04 Subject: APPLICATION OF THE ORACLE ROAD SCENIC CORRIDOR OVERLAY DISTRICT, SECTION 10-407.C.3.a, TO THE ECKERD'S DRUG STORE DEVELOPMENT PLAN ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD Purpose: To determine if the proposed Eckerd's development plan meets the provisions of Section 10-407.C.3.a of the Town's zoning code. References: Oro Valley Zoning Code Revised(OVZCR) Section 10-407.C.3.a states: Establishment of free-standing building pads fronting on or directly accessible from Oracle Road is permitted only on sites of 5 acres or greater, with a minimum of 50,000 square feet of GFA (gross floor area) in the principal structure required for the first such pad. Additional pads, requiring further increments of principal building GFA, may be permitted only by express Commission approval, subject to the following requirements: 1. Properties not exceeding ten acres in area shall provide an additional 25,000 square feet of GFA or portion thereof for each additional pad requested.... This section is illustrated within the OVZCR by the attached Figure 5a. Section 10-401.C, Special Recommendations, states: The Planning & Zoning Director may recommend such development standards as the director deems necessary to assure compliance with Oracle Road Scenic Corridor Specific Plan Goals and Objectives and for the protection of neighboring residences for all plats and development plans that may be submitted in the development period. Oracle Road Scenic Corridor Overlay District(ORSCOD) The ORSCOD is a specific plan for an area adjacent to Oracle Road. It is the basis for the regulations in OVZCR 10-4. The relevant goals/objectives of the ORSCOD are (with letters for later reference): A. Enhance the image of Oro Valley and Oracle Road as a scenic, captivating environment... B. Maintaining property values is regarded as an overall priority... C. Allow Oracle Road properties to contribute to economic development success. D. Encourage a use balance, with employment and commercial uses widely spaced and set back from the roadway. E. Coordinate land planning with limited direct highway access. F. Create incentives to assembly into joint development masterplans. ZCI03-04 Application of the ORSCOD to the Eckerd's Drug Store Development Plan Page 2 G. Preserve and augment natural vegetation, particularly adjacent to the Oracle Road right of way. H. Discourage highway-related establishments which serve travelers and, where possible, combine these uses with other uses. Eckerd's Development Plan Facts: 1. The Eckerd's site is over eight acres. 2. At 12,000 square feet, the Eckerd's building is the largest building on the site; the two office/restaurant clusters are 8,000 square feet each (16,000 total) and the proposed restaurant is 6,800 square feet. 3. The total proposed floor area on the site is approximately 35,000 square feet for a floor area ratio (FAR) of less than 10%. This is much less than allowed for the C-1 zoning category (25%) and it is less than the typical C-1 development of a 20% FAR. However, without utilizing two-story structures, no additional floor area could be added to the site due to the need to provide drainage, buffer the residences to the east, create grade changes, and provide a 100' natural area on the west. In other words the site is not typical and cannot reach the 50,000 square foot principle structure provision of Section 10-407.C.3.a of the OVCZR. 4. The site is proposed to be accessed from Oracle Road and Hardy Road. 5. The site slopes generally from east to west with a drop of 40 feet over 600' horizontal (7%). The slope is a significant constraint to development on the site requiring three grade changes on the site: east side, west side, and center. The center grade change is approximately 10' and is handled by retaining walls. 6. There is a 100 foot,natural open space area between the developed areas of the site and west property boundary (Oracle Road right-of-way). Typical streetscape buffers are 30 feet on Oracle Road. Interpretation: Ekerd's The term "free-standing building pad" means a building pad that is separate from the principal structure on the site. This is based on the illustrations with the section and it is supported by the use of the term"building pad"in OVZCR Article 9. In this case, the Eckerd's does not fit the definition of a free-standing building pad as it is the principal structure on the site. Northwest Restaurant Pad The proposed restaurant pad is not part of the principal structure on the site and there. Accordingly, the restaurant pad does not meet Section 10-407.C.3.a as there is only 28,000 square feet of other floor area on the site and 50,000 square feet is required for a free-standing building pad. However, in accordance with section 10-401.C, the Planning and Zoning Administrator may recommend development standards to assure compliance with ORSCOD goals and objectives. In this case, due to the topography of the site, the Administrator is recommending that the northwest F:\ZONECODE\ZCI Interpretations\ZCI03-04 ORSCOD applied to Ekerd's.doc { ZCI03-04 Application of the ORSCOD to the Eckerd's Drug Store Development Plan Page 2 restaurant pad be allowed and be separated from the other structures on the site for the following reasons (related goals/objectives, as listed above, are in parentheses): 1. The site is already under-developed compared to similar properties. Deleting the restaurant would lower the value of the property and the economic potential of the project. (B, C) 2. Connecting the restaurant and Ekerd's would create a single building with greater visual impact from Oracle Road. (A,D) 3. Connecting the restaurant and Ekerd's would reduce or eliminate the visibility of the rear buildings on the site, which would significantly affect the economic development potential of the project. (B,C) 4. There is a seven foot grade change between the phase two area to the north of Ekerd's and the Ekerd's. Connecting the restaurant and Ekerd's would require greater fills along the southeast portion of the proposed development areas. The fill in this area would likely reach, or exceed, the eight-foot maximum and would have a greater visual impact than the proposed plan. (A) 5. Connecting the restaurant to the buildings at the rear of the site would require significant cuts at the rear of the site as well as greater fills at the front. These would require a grading exception from the OVZCR and would have greater visual impact than the proposed plan. (A) 6. Connecting the restaurant to the buildings at the rear of the site would eliminate the access drive through the site to the north. This access is important to provide this development, and future developments to the north, access to the light at Hardy Road, thus reducing u-turns and non-signalized crossings on Oracle Road. (E, F) The above are the primary reasons for allowing the proposed restaurant pad. Other factors that were considered are: o There is a large (100 foot deep) area of native plant preservation adjacent to Oracle Road that separates and buffers the restaurant from Oracle Road. (G) o The proposed development plan has only one access point onto Oracle Road and the restaurant is separated from this access point. (Note, however, that the applicant may apply for a variance to allow a second access point by the restaurant.) (E) o The proposed development includes a variety of uses. Though the description of "highway uses" is not in the plan, the uses do not appear to be those that were originally intended to be discouraged by the plan,namely those that generate significant traffic such as fast food restaurants, gas stations and other convenience type uses. The restaurant pad does not include a drive-through component. (H) Appeal Process Appeals of this interpretation may be made to the Planning and Zoning Department of the Town of Oro Valley, 11000 N. La Canada Drive, Oro Valley, Arizona 85737. Any appeal will be forwarded to the Board of Adjustment for a final determination. • 04- 61:--42. Z940418.5 6yaBr dine, AICP Date Planning and Zoning Administrator F:\ZONECODE\ZCI Interpretations\ZCI03-04 ORSCOD applied to Ekerd's.doc Chapter 10 SUPPLEMENTARY DISTRICT REGULATIONS Figure 5a FREE-STANDING PAD ILLUSTRATIONS r s a:k Y . I. igratj 50k+pad 53k=.016 F.A.R. >•:., '° 75k+2 pa ds S I k—.24 F.A.R. .,. ?�s4 --___, .____/ :71.i%z s r limismrils • I 1 8 acres or 340,0000 site Oracle Road -.4kom:„104N&„,,-;7::''. i 11,:,,"-*isye ' ' `- 50k+pad 53k=.010 F.A.R. v� `v.. - ` �,fix. M„E %% 100k+2 pads 106k=.20 F.A.R. �' I' N. 115k+3 pads 124k=.24 F.A.R. `�7 / -- ii 1-7,z2rar-1 • I 1 t _ 12 acre site Oracle Road 10-57 Gillaspie 8801 N.Riviera Dr. Oro Valley,AZ 85737 December 14,2003 Board of Adjustment Town of Oro Valley 11000 N. La Canada Dr. Oro Valley,AZ 85737 RE: Appeal to Zoning Code Interpretation ZCI03-04 Chairman and Members of the Oro Valley Board of Adjustment: With this letter please accept my appeal to the Zoning Interpretation (ZCI03-04) issued by the Oro Valley Planning and Zoning Administrator via electronic mail on November 25, 2003. This interpretation is in response to my written letter of November 3, 2003 requesting an interpretation of whether the proposed commercial development identified as OV 12-02-11 conforms with the Oro Valley Zoning Code Section 10-407 C.3.a.. I appeal this decision for the following reasons. The decision effectively rewrites the Oro Valley Zoning Code rather than clarifying its provisions. The Zoning Administrator has erroneously interpreted Section 10-407.C.3a and associated sections of the Oro Valley Zoning Code; the Zoning Administrator has exceeded his authority by attempting to rewrite the provisions of the ordinance to allow for the development as proposed; the Zoning Administrator has acted in an arbitrary manner by introducing subjective justifications for why additional pads on the property should be approved; and he has failed to provide reasonable evidence for the justifications that he has provided. 1. This decision erroneously interprets Section 10-407.C.3.a of the Oro Valley Zoning Code. a. The Zoning Administrator's decision claiming that the proposed Eckerd's drugstore does not fit the definition of a free-standing building pad because it is 2 the principle structure is in error. In fact, the Oro Valley Zoning code does not allow the Zoning Administrator to differentiate structures based on their purpose. The definition from the Oro Valley Zoning Code is as follows: "FREE-STANDING: shall mean any structure, which is not attached to any other structure or portion of a structure. Structures, which are linked by pedestrian walkways, are deemed to be free-standing. Free-standing shall also apply to sole uses on an individual parcel." The Eckerd's drugstore by itself meets the definition of a free-standing building pad and cannot be built because no other structure on the site is 50,000 sf. in floor area. Futhermore, no other structures on the site can be approved until the Eckerd's achieves the 50,000 so.minimum. b. If the Eckerd's is the principal structure as determined by the Zoning Administrator, the decision to allow the building of the additional pads is also in error. The Eckerd's structure is 13, 813 sf.. In addition,there are three other free- standing structures on the site: The northwest restaurant pad comprising 6,975 sf. and the restaurant/retail pads on the east comprising 17,525 sf and 6,000 sf respectively. As per Section 10-407.C.3.a the principle structure must have a minimum of 50,000 sf. before the first pad can be built. Additional pads beyond the first pad as illustrated by Figure 5a and 10-407C.3.a can only be built with additional increases in the size of the principal structure. In this case, the two additional pads on the eastern portion of the property would require the principle structure(Eckerd's)to be a minimum of 100,000 sf.. 2. This decision exceeds the authority of the Zoning Administrator and is arbitrary. Sec. 1- 502 of the Oro Valley Zoning Code describes the Powers and Duties of the Planning and Zoning Director. Items I and J are relevant and provide for the interpretation and enforcement of the code only. Additionally, A.R.S. 9-462.05 C. specifically establishes the office of the Zoning Administrator and charges the office solely with the enforcement of the zoning ordinance. 3 a. The so called development standards cited as items 1 — 6 on the last page of the interpretation are not development standards but subjective observations and justifications manufactured to secure approval of the development. More correctly, development standards are speck performance directed criteria that specify how development should occur. For example, they may include requirements for densities, building height, bulk and setback requirements by land use type, signage, landscaping, parking and open space. The Zoning Administrator is not allowed to develop his own reasons for why phase B should be approved. b. The Zoning Administrator is only granted the authority to interpret the zoning code as it applies to the Eckerd's proposal that is before the town; he cannot speculate about the possible affects of redesigning the development. This decision identifies six reasons why the pad on the northwest corner of the site should be allowed. These reasons are conjecture and cannot be proven because no alternative plans or analysis to justify the assertions in the decision have been prepared. This interpretation therefore lacks the necessary evidence and should be reversed. Your consideration is greatly appreciated. Sincerely, agt, Barry L. Gillaspie oQO PLEEY QRi<>O TOWN OF ORO VALLEY 4 PLANNING & ZONING DIVISION 11,000 N. LA CANADA DRIVE,ORO VALLEY AZ 85737 • A Phone: (520)229-4800 Fax: (520)742-1022 F�(/n/DED ti9 BOARD OF ADJUSTMENT APPLICATION FOR: Zoning Variance - 03 ` 07 Zoning Interpretation Appeal of Administrative Decision CASE NO.: C� NATURE OF REQUEST: ffeaI /-khe dier•A-s it,L '_,+ 412 t) ,` ) .171-) it ,9"-rAee-Y441-1(cfri n t �0Vetl16 , S tlilr (IVY i 6L' /- DLL -- ge&-t-ret1 - Apo • io pito, +i v f€ m w+ p rt h I -I 7 0 -I Ce .f?l ", APPLICANT: ) cg s ti 6 L` 95 /1� PHONE: - ' FAX: ADDRESS: �F�! AL tt t`es p OWNER: ADDRESS: .0 414 k 1 PROPERTY LOCATION FOR VARIANCE REQUEST: p'7i1 e-el c- ) i 6�j,/ PARCEL#: /- --i 4— LEGAL DESCRIPTION: CURRENT ZONING: / APPLICABLE FEE: ATTACHMENTS: 4 pfrq/ 2oa'/ -ewe 1(30Al2, ,y4e, SIGNATURE OF APPLICANT SO PRINT NAME) DATE 2//03 SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE 1. Please provide the following information addressing A—E in the Findings from section 1-709. In order to authorize a variance request, the Board will be searching for sufficient evidence in accordance with the findings. A. Are there special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district? !/A = ' r ?66 'q/ B. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? C. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? D. If granted,will the variance impose such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located? E. If granted, will the variance be the minimum necessary to afford relief and will not materially affect the health, safety, and welfare of the neighborhood or surrounding properties. i 1111111111101 iderprim" ADDITIONAL INFORMATION: The most current available list of property owners within 300' from the Pima County Assessor's Office and the date such list was obtained. 15 copies of I 1 x 17 dimensioned plot plan,if applicable 15 copies of I1 x 17 dimensioned floor plan, if applicable 15 copies of 11x17 building elevations,if applicable Provide an estimate of the incremental cost of the change in, or additions to, the property, such estimated cost to be endorsed as accurate by a licensed contractor or engineer. Any additional comments/information you wish to provide regarding your request. ARTICLE 1-7. BOARD OF ADJUSTMENT Sec. 1-701 Scope The Board of Adjustment shall hear and decide requests for variances and appeals of interpretations of this Code in accordance with A.R.S., Section 9-462.06. Sec. 1-702 Powers and Duties A. Interpretation The Board of Adjustment shall interpret this Code on appeal when: 1. There is a dispute between the appellant and the Planning and Zoning Director or other Town Official as to a decision or interpretation as set forth in Sec. 1-706;or 2. The location of a zoning district is in doubt. B. Variances The Board of Adjustment may allow variances from the provisions of this Code in accordance with Sec. 1-709,Findings. Sec. 1-703 Meetings, Administration of Oaths and Compelling Attendance of Witnesses All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses in accordance with the 3 laws of the State of Arizona. Sec. 1-704 Composition A. Appointment: The Board of Adjustment shall be composed of five members appointed by the Town Council. B. Terms: Appointments are for staggered terms of two years each with no limit on the number of terms. C. Vacancies: Vacancies shall be filled for the unexpired portion of that term within a reasonable time period as provided for by appointments of the Town Council. D. Removal: The Town Council has the authority to remove, by majority vote, any member for neglect of duty,inefficiency or misconduct in office. Sec. 1-705 Transaction of Business A. The Board of Adjustment shall conduct its business in accordance with the Arizona Revised Statutes and applicable Town regulations and any rules and procedures as adopted by the Town Council. B. The Town Clerk, or an appointed representative from the Town Clerk's office, shall serve as the Executive Secretary of the Board of Adjustment and the minutes and records of all board proceedings will be kept and filed as public record in the files of the Town Clerk. Sec. 1-706 Appeals from Administrative Decisions Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer, department, board or bureau of the municipality affected by a decision of an administrative official, witfiin 30 days, by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit all papers constituting the record upon which the action appealed from was taken. Said appeal shall be filed on a form provided by the Town Clerk. A. An appeal shall stay all proceedings in the matter appealed from unless the officer from whom the appeal is taken certifies to the Board that, by reason of the fact stated in the certificate, the stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public. B. The concurring vote of a majority of the Board shall be necessary to reverse any order or decision of an administrative official, or to pass or to affect any variations from the terms and conditions of this ordinance. 4 Sec. 1-707 Application for Variances Application for a variance of zoning regulations shall be made to the Board of Adjustment in the form of a written application. Said application shall be filed with the Town Clerk upon forms provided by the Board of Adjustment and shall be accompanied by: A. Plans and description sufficient to indicate the nature of the project involved and the proposed use with ground plans and elevations of all proposed buildings. - B. Evidence satisfactory to the Board of Adjustment of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within 6 months after issuance of the variance. C. A filing fee according to the fee schedule adopted by the Town Council. The owner of a nonconforming sign shall not be required to pay a filing fee when applying for a variance from the ordinance that renders the sign nonconforming. D. From the time of filing the application until the time of such hearing, the application and all maps, plans and other accompanying data shall be available for public inspection during office hours at the office of the Town Clerk. Sec. 1-708 Hearing and Notice Upon receipt in proper form of any such application, the Board of Adjustment shall proceed to hold a public hearing upon said application not more than 30 days, or less than 15 days, after such filing, at which time all persons shall be given an opportunity to be heard. Such Board of Adjustment shall cause one notice of such hearing to be published in a newspaper of general circulation in the Town of Oro Valley and one notice to be posted on the subject property, giving at least 15 days notice of said hearing, and the time and place where said hearing will be held. Said notice, both as published and posted, shall also show the nature of the variance or exception requested and state that anyone wanting to protest may appear in person or by writing. All property owners within 300 feet must be notified. Sec. 1-709 Findings A variance from the provisions of this Code shall not be authorized unless the Board shall find upon sufficient evidence: A. That there are special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district; and B. That special circumstances were not created by the owner or applicant; and C. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and 5 D. That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and E. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity,to adjacent property,to the neighborhood or the public welfare in general. Sec. 1-710 Action The Board shall prescribe, in connection with any variance; such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this Code. Such conditions may include, among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this ordinance and such violation shall render the variance null and void. Sec. 1-711 Review Any person aggrieved by a decision of the Board after hearing on application made by any taxpayer or municipal officer, may petition for a writ of certiorari to review the Board's decision pursuant to ARS Section 9-465 (1956) as amended. BOARD OF ADJUSTMENT APPLICATION FEES For applications or appeals involving construction of any nature, which require legal advertising and posting of property affected,the fees are, as follows: Variance or Appeal of Decision (1 item; 1 lot) $ 600.00 Fees for each additional,simultaneous variance or appeal $ 100.00 6 T kJ WN OF ORO VALL., i PLANNING DEPARTMENT 11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737 PHONE: 229-4800 FAX: 742-1022 RECEIPT ****************************************************************************** REFERENCE NUMBER: DS0300688 RECEIPT #03P00744 SITE ADDRESS: TAXCODE: DATE: 12/15/2003 TIME: 08:55 AM COMP TYPE: MISCELLANEOUS RECEIPT TYPE: DESCRIPTION: BOA OV10-03-07 INTERPRETATION OF ORO VALLEY APPLICANT: GILLASPIE BARRY OWNER: Notation: Receipt By:SG ******************************************************************************************* SG PAID BY: Type Method Description Amount Payment Check 4067 600 . 00 TOTAL: 600.00 FEES PAID: Description Account Code Current Pmts Board Of Adjustment 001-000-408 600.00 TOTAL: 600.00 Account#: Ending Balance: $ TO: Board of Adjustment Jan. 26, 2004 Town of Oro Valley J A N 2 6 2004 11000 N. La Canada Drive Oro Valley, AZ 85737 FROM: Carl A. Kuehn Oro Valley, AZ 85737 SUBJECT: Case File OV10-03-07: Barry Gillaspie, Oro Valley, AZ 85737, Request for an appeal of Zoning Code Interpretation ZCI03-04, Pertaining to free-standing building PADs within the Oracle Road Scenic Corridor District, issued by the Planning & Zoning Administrator. (Parcel #225- 12-065A) Located on the northeast corner of Oracle Road and Hardy Road, Oro Valley, AZ 85737. Dear Members of OV Board of Adjustment: I most strongly urge you uphold the appeal by Mr. Barry Gillaspie of the Zoning Code Interpretation of Section 10-407.C.3a by Mr. Bryant Nodine, ZCI03-04, dated 25-November- 03. Zoning Code is Law. It is not within the prerogative of Mr. Nodine or Mr. Langlitz to pick and choose what portions of the Law they would have the Town of Oro Valley follow. The definition and intent of Section 10-407.C.3 a is clear and ambiguous and it's specific design and intent is to stop commercial parcels to be developed "piecemeal" with a bunch of tiny un-related PADS. It is critical that the BOA understand that Mr. Gillaspie's appeal is not being forwarded out of self-interest to simply try and stop Eckerd's from building a drugstore. In fact, quite the contrary. From a NIMBY perspective this appeal is very much in his disinterest. As a result of Mr. Gillaspie's appeal a 50,000 square foot (or greater) commercial structure would need to be built on this property first instead of the 12,000 square foot proposed PAD required for the Eckerd's drugstore. What is at stake here is whether Oro Valley can have a renegade government that simply picks and chooses what part of the OVZCR they want to follow when it comes to certain parcels or certain developers they consider "special friends". Mr. Nodine's interpretation re-writes the OVZCR. He is making decisions that are absolutely arbitrary and for all practical purposes "way above his pay scale". Section 10-407.C.3.a states: Establishment of free-standing building pads fronting on or directly accessible from Oracle Road is permitted only on sites of 5 acres or greater, with a minimum of 50,000 square feet of GFA (gross floor area) in the principal structure required for the first such pad. Additional pads ..... Section 10-401.C. does not give the latitude to the Planning & Zoning Director to re- write Section 10-407C.3.a at his discretion. It is a grievous error to think that Section 10- 401.C. allows for the total abdication of prior specifically stated conditions of the OVZCR. This is especially when their intent is so crystal clear. Such interpretation is beyond the 1 legal authority of the Planning & Zoning Administrator. Beyond a reasonable doubt 12,000 square feet is less than 50,000 square feet. There is nothing built there yet so not only is this is the first free-standing pad — it is the first pad of any kind whatsoever on the parcel. As the arrangement presently stands there is absolutely no guarantee that the restaurants and other structures that were discussed in front of the DRB for the later phases will ever be built. We can't afford strip pad and piecemeal development in the Oracle Scenic Corridor or else we will end up with a bunch of McDonald's and Circle "K's" and our "Community of Excellence" will be down the tubes. Every law-abiding citizen basically enters into social contract with the Town of Oro Valley when they purchase property within its' borders. This unwritten social contract basically states that: "I agree to abide by the Laws of Oro Valley including those outlined in the OVZCR". The legal structure of the OVZCR, including how to amend its' language or obtain variances to specific conditions is clearly spelled out in the Town Code and various state statutes. We cannot afford to have a government with the latitude to arbitrarily choose which parts of the OVZCR are applicable to whom. We cannot afford to have a government that picks and chooses which parts of the OVZCR they will choose to enforce. No citizen can afford to have a government that can pick and choose to whom the OVZCR applies to in any given case. If you allow this to happen, and deny this appeal by Mr. Gillaspie, you are inviting anarchy. You might as well take the OVZCR and burn it. The net result of such a decision would be that property values in this town would be meaningless. If you can't rely on your own Town Staff to follow the code as written, then what's the point? Mr. Nodine has made incorrect interpretations of the OVZCR in the past. The most recent one I was involved in was an application for an "analogous use" to run an eating disorder clinic out of a residential neighborhood. This case, OV08-03-01 was heard in front of P&Z and the Town Council and thoroughly rejected by unanimous votes in both cases. Mr. Nodine's interpretation was so wrong that even the Town manager had to write a dissenting opinion to the Staff Report. There is a lot at stake in this seemingly little decision. Oro Valley is at the crossroads. You decide if we are a community of Laws or not. If Mr. Langlitz, the attorneys representing the property or any other representative of the Town have contacted you and attempted to influence you in your decision making, they would be subject to "jury tampering" charges for interfering with the quasi-judicial powers given to you by the State Attorney's office. Please uphold Mr. Gillaspie's well-reasoned and well-documented appeal. There is a right way and a wrong way for Eckerd's to get where they want to go. Please do not let down the citizens who live here. If we stop being a community of Laws, we have nowhere to go. Respectfully Yours, ( j4, Carl A. Kuehn 2 AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION JANUARY 27, 2004 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION at or after 3:00 p.m. CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 3:00 p.m. 1. PURSUANT TO ARS § 38-431.03(A)(3), DISCUSSION WITH THE TOWN ATTORNEY FOR LEGAL ADVICE IN CONNECTION WITH CASE NO. OV10-03-07 BARRY GILLASPIE, 8801 N. RIVIERA DRIVE, ORO VALLEY, AZ 85737, REQUEST FOR AN APPEAL OF ZONING CODE INTERPRETATION ZCI03-04, PERTAINING TO FREE- STANDING BUILDING PADS WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE PLANNING AND ZONING ADMINISTRATOR. (PARCEL #225-12-065A) LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, ORO VALLEY, AZ 84737. RESUME REGULAR SESSION AT OR AFTER 3:30 p.m. MINUTES Approval of the Minutes of October 28, 2003 AT THE CALL OF THE CHAIR, THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED APPROPRIATE. PUBLIC HEARINGS: 1. CASE NO. OV10-03-07 BARRY GILLASPIE, 8801 N. RIVIERA DRIVE, ORO VALLEY, AZ 85737, REQUEST FOR AN APPEAL OF ZONING CODE INTERPRETATION ZCI03-04, PERTAINING TO FREE-STANDING BUILDING PADS WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE PLANNING AND ZONING ADMINISTRATOR. (PARCEL#225-12-065A) LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, ORO VALLEY, AZ 85737. 2. CASE NO. OV10-04-01 LEWIS AND ROCA LLP., KERI SILVYN AND FRANK S. BANGS JR., REPRESENTING CENTRES, INC., ONE SOUTH CHURCH AVENUE, SUITE 120, TUCSON, AZ 85701-1611, REQUEST FOR A VARIANCE FROM OVZCR SECTION 10-407.C.3, REQUIRING A MINIMUM OF 50,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE FOR THE FIRST SUCH PAD OF DEVELOPMENT, SUBJECT PROPERTY: (PARCEL#225-12-065A) NORTHEAST CORNER OF ORACLE ROAD AND HARDY, ORO VALLEY, AZ 85737. t• 2 PLANNING AND ZONING UPDATE ADJOURNMENT A packet of agenda materials, as listed above, is available for public inspection at least 24 hours prior to the BOA meeting in the Town Hall Administration Building, during regular business hours. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If a disabled person planning to attend this meeting requires any special accommodations, please notify the Town Clerk at 297-2591. NOTICE TO SPEAKERS Members of the public have the right to speak during any posted public hearing; however, those items not listed as a public hearing are for consideration and action by the Board during the course of its business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Board on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Clerk of the Board. Please indicate on the speaker card which item number and topic you wish to speak on. Please step forward to the podium when the Chair announces the item(s) on the agenda, which you are interested in addressing. Posted:1/23/04 4:30 p.m. lh MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION JANUARY 27, 2004 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION at or after 3:03 p.m. CALL TO ORDER ROLL CALL PRESENT: Colleen Kessler, Chair Cindy Lewis, Vice Chair Greg Marlar, Member Bill Adler, Member Bart Schannep, Member EXECUTIVE SESSION AT OR AFTER 3:07 p.m. Member Adler recused himself from Item 1 and the Executive Session because the existence of the communication itself may create the appearance of partiality. MOTION: A MOTION was made by Member Adler and SECONDED by Vice Chair Lewis to go into Executive Session at 3:07 p.m. for the following purpose. Motion carried, 5-0. 1. PURSUANT TO ARS § 38-431.03(A)(3), DISCUSSION WITH THE TOWN ATTORNEY FOR LEGAL ADVICE IN CONNECTION WITH CASE NO. OV10-03-07 BARRY GILLASPIE, 8801 N. RIVIERA DRIVE, ORO VALLEY, AZ 85737, REQUEST FOR AN APPEAL OF ZONING CODE INTERPRETATION ZCI03-04, PERTAINING TO FREE- STANDING BUILDING PADS WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE PLANNING AND ZONING ADMINISTRATOR. (PARCEL #225-12-065A) LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, ORO VALLEY,AZ 84737. Motion carried, 5-0. MOTION: A motion was made by Member Schannep and SECONDED by Vice Chair Lewis to go out of Executive Session at 3:47 p.m. Motion carried, 4-0. RESUME REGULAR SESSION AT OR AFTER 3:56 p.m. CALL TO ORDER ROLL CALL PRESENT: Colleen Kessler, Chair Cindy Lewis, Vice Chair Greg Marlar, Member Bart Schannep, Member 01/2q/04 Minutes, Board of Adjustment 2 RECUSED: Bill Adler, Member MINUTES Approval of the Minutes of October 28, 2003 MOTION: Member Schannep moved to APPROVE the October 28, 2003 minutes as presented. Motion SECONDED by Vice Chair Lewis. Motion carried, 5-0. PUBLIC HEARINGS: 1. CASE NO. OV10-03-07 BARRY GILLASPIE, 8801 N. RIVIERA DRIVE, ORO VALLEY, AZ 85737, REQUEST FOR AN APPEAL OF ZONING CODE INTERPRETATION ZCI03-04, PERTAINING TO FREE-STANDING BUILDING PADS WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE PLANNING AND ZONING ADMINISTRATOR. (PARCEL #225-12-065A) LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, ORO VALLEY, AZ 85737. Chairman Kessler swore in the witness that was intending to testify. Barry Gillaspie, 8801 North Riviera Drive, reported that his property was adjacent to the proposed development and was aggrieved by the interpretation of the ZCI03-04 made by the Planning and Zoning Administrator. He believed that to move forward with the decision would not be in compliance with the Oracle Road Scenic Corridor District (ORSCOD), Section 10-107.C.3.a of the Town Zoning Code. He gave the following reasons why he was aggrieved by the decision and used the overhead projector to review the proposed development: • He believed the Eckerd's Drug Store was a free standing pad that did not meet the 50,000 square feet minimum requirements for a principal structure. • In the event that Phase II does not proceed, a substandard principal structure would be created. In addition, there is no requirement in the proposed development conditions that requires that the changes to Phase II of the development be submitted to the Development Review Board, Planning and Zoning Commission and Town Council. He explained that for these reasons he believed he had met the requirements that the interpretation was an error of law. • If the Eckerd's Drug Store was the principal structure as interpreted by the Zoning Administrator, the balance of the proposed development could not be built because it would be in violation of Chapter 10 Section 10-407.C.3.a of the Town Zoning Code. • Section 10-407.C.3.a states: "Establishment of free-standing building pads fronting on or directly accessible from Oracle Road is permitted only on sites of 5 acres or greater, with a minimum of 50,000 square feet of GFA (Gross Floor Area) in the principal structure required for the first such pad. Additional pads, requiring further increments of principal building GFA, may be permitted only by express Commission approval." Mr. Gillaspie stated that the Eckerd's Drug store did not meet this section of the codes requirement. • A letter of support received from Richard F. Counts, Vice President of the Community Sciences Corporation was read into the record. (See attached letter dated 12-15-03) • By creating the standard that the northwest restaurant pad is free standing the Zoning Administrator has approved three additional standing pads which require additional square footage in the principal structure as per Chapter 10 Section 10-407C.3.a.1, e. of the Town's Zoning Code. r01/27/04 Minutes, Board of Adjustment 3 • The pads for the restaurants and office restaurant clusters must go before the Planning and Zoning Commission for approval. This requirement of the Town Zoning Code was violated because the Planning and Zoning Administrator did not forward his proposal to the Planning and Zoning Commission. • There are many other options that could be used to develop the site but have not been explored or offered as a part of the proposal. In conclusion, he explained that for these reasons, he met the qualifications necessary to uphold his appeal. He felt that the interpretation was an error of law and exceeded the authority of the Planning and Zoning Administrator and considered the decision an act of abuse of the official's discretion and the decision was arbitrary and capricious. In answer to a question from Vice Chair Lewis, Barry Gillaspie explained that the issue was a matter of principle and considered the interpretation to be in violation of the ORSCOD ordinance. He explained that if the citizens could not rely on the Town to enforce the Code, future residents would not be afforded protection of the Code they rely on. Bryant Nodine, the Planning and Zoning Administrator gave a Power Point presentation of the site using the overhead projector and presented the following facts: • Basis of the Decision a. Eckerd's Drug Store does not fit the definition of a free-standing pad. b. If the Eckerd's Drug Store is a principal structure the additional buildings are permitted. c. The Planning and Zoning Administrator has the authority, per Section 10-401.C, to recommend standards to assure compliance with ORSCOD goals and objectives. d. The decision was within the authority of the Planning and Zoning Administrator. e. The interpretation was not arbitrary for the following three reasons: 1. As presented above, the interpretation was based on standard terminology and relevant sections of the Code. 2. The interpretation was based on the goals stated within the Oracle Road Scenic Corridor Overlay District. 3. The interpretation follows the standard within the Code related to interpretations. Namely, per Section, 1-102.A, that: "When the provisions of this Code are interpreted or applied, they shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare." Chairman Kessler opened the floor for public comment. Chairman Kessler swore in the witness that was intending to testify. Keri Silvyn, 1 South Church Avenue, a representative for Centres Incorporation explained that the company had expended large sums of money to create plans to meet the requirements of the Oro Valley Zoning Code and objectives of ORSCOD as well as address aesthetic concerns of the neighbors to the east. She reported that a development plan has been scheduled for Mayor and Council consideration on February 4, 2004 and are hopeful the company can proceed to move forward with the project. She stated that the administrator's interpretation had merit from the developers prospective for the following reasons: • From a legal standard the zoning administrator has the responsibility to interpret the Town's Zoning Code. • Any interpretation was required to be fair and reasonable and should be made in light of the purpose for which the regulations were enacted. 01/27/04 Minutes, Board of Adjustment 4 • To apply the 50,000 square foot requirement the development not only renders the property undevelopable for commercial uses but perverts the entire purpose of ORSCOD. • With the restriction imposed by ORSCOD and the topographical constraints, it would not be possible to develop the property with commercial retail space. • The company can not create 50,000 square feet of retail space without creating a 2-story building. • The Town interpretation is consistent with the primary purposes of the ORSCOD, which is to provide view-shed corridors for mountain views, created aesthetically pleasing development along Oracle Road and not permit strip type development along the road. • The development, as proposed provides four separate buildings instead of one 50,000 square foot strip center. This layout helps to create an aesthetically pleasing development since the buildings are broken up to provides the view shed corridors that ORSCOD contemplates. • The developer's interest was to get as much retail space on the property as possible for obvious reasons. She explained that considering the parking restrictions and 100 foot setbacks and additional buffer yard for the neighbors to the east, the property could not be developed without creating a 2-story building. • If the 50,000 square foot requirement were applied to the site and developed, the results would be exactly the type of centers ORSCOD was trying to discourage. • If the Board adopts the interpretation Mr. Gillaspie is requesting, Centres Inc. would be prevented from developing the property in a way that is consistent with the natural topography of the site. The result would be a much more intense project with more grading, traffic and noise. • The Town's interpretation was a fair and reasonable interpretation that would allow the property to be developed as entitled for commercial uses. • The Town's interpretation and Centres Inc. proposed development provides a superior development with less impact on neighbors. • It is clearly within the discretion of the Town to make an interpretation, Ms Silvyn asked that the Zoning Administrator's decision be upheld. Chairman Kessler swore in the witnesses that were intending to testify. Conny Culver, 10503 North Fairway Vista Lane, questioned the wisdom and rationale of the interpretation of the administrator because it was arbitrary and capricious. She stated that she supported the appeal and asked that the Board reverse the interpretation. Carl Kuehn, 9250 North Calle Loma Linda, spoke in favor of the appeal and urged the Board to uphold the appeal because it was a very well reasoned and argued appeal. He stated that the administrator had made decisions relating to the Zoning Codes that he considered arbitrary. Nancy Martin, 11780 North Via De La Verbenita, spoke in support of the appeal and felt the Town needed to be consistent and adhere to all aspects of the Town's Zoning Codes and Ordinances. Helen Dankwerth, 11515 North Flyingbird Drive, agreed with the applicant that the proposed development did not meet the 50,000 square foot requirement for a principal structure and the mandated ORSCOD requirements. She asked that the Board carefully consider their decision and its impact for the long term best interest for everyone. 01/27/04 Minutes, Board of Adjustment 5 Jim Kriegh, 40 East Calle Concordia, expressed concern regarding the cost of the interpretation made by the administrator and felt that the interpretation of the Town Zoning Code as it applied to the development was incorrect and did indeed violate the Zoning Code requirements. Chairman Kessler closed the public hearing. Mr. Gillaspie stated that he was aggrieved because of the inability of the Town to enforce the Zoning Code. He explained that it was very important to enforce the Code because it represented how the future of Oro Valley would be developed. Chairman Kessler reiterated that the Board's focus was to consider whether or not the applicant was aggrieved and has suffered special damages over and above the general public. MOTION: Vice Chairman Lewis moved to UPHOLD the decision made in ZC 103-04, finding that the appellant is not an aggrieved party and his appeal lacks merit based on the facts. Member Marlar SECONDED the motion. Discussion: Vice Chairman Lewis explained that in the realm of the applicant's presentation that he would not suffer anything differently from the general population in the surrounding area, and the applicant had no special standing to bring the appeal application forward and had not proven his case as far as merits. Member Marlar stated that he also questioned whether Mr. Gillaspie is actually an aggrieved party with special damages to his property or interest any more then the general public would be. He felt that there were some points revealed in the case which questioned whether or not Section 10-407.C.3 should have been applied or not to the 50,000 square foot minimum in its entirety. He explained that even though he was not convinced personally that the applicant did have standing, he believed that on the substance of the case presented, there was some merit to it. Chairman Kessler stated that there was merit to the fact that the Planning and Zoning Administrator does have the authority to recommend standards to assure compliance with the ORSCOD goals and objectives. She stated that in interpreting the case as he did, he had used his authority properly in the spirit of what was meant by the ORSCOD goals and objectives. ROLL CALL VOTE Chairman Kessler—aye Vice Chair Lewis— aye Member Marlar—nay Member Schannep—aye MOTION carried, 3-1, with Member Marlar opposed. 2. CASE NO. OV10-04-01 LEWIS AND ROCA LLP., KERI SILVYN AND FRANK S. BANGS JR., REPRESENTING CENTRES, INC., ONE SOUTH CHURCH AVENUE, SUITE 120, TUCSON, AZ 85701-1611, REQUEST FOR A VARIANCE FROM OVZCR SECTION 10- 407.C.3, REQUIRING A MINIMUM OF 50,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE FOR THE FIRST SUCH PAD OF DEVELOPMENT, SUBJECT PROPERTY: (PARCEL #225-12-065A) NORTHEAST CORNER OF ORACLE ROAD AND HARDY, ORO VALLEY, AZ 85737. • ,• 01/27/04 Minutes, Board of Adjustment 6 Mark Langlitz, Town Attorney explained that in view of the decision made by the Board in upholding the decision made by the Town's Planning and Zoning Director, there would be no need to hear the variance request at this point. Keri Silvyn asked that Item 2 be continued for 60 days to allow the appeal time period to lapse. MOTION: Member Schannep moved to CONTINUE Case No. OV10-04-01 for 60 days to allow the appeal time period to lapse. Vice Chair Lewis SECONDED the motion. Motion carried, 4-0. PLANNING AND ZONING UPDATE Bryant Nodine gave a brief update of upcoming meetings and projects. 1. The Planning and Zoning Commission will be considering the following projects over the next few months: • Steam Pump Ranch Development. • Work Plan. • Capital Improvement Plan project. 2. The Highway User Funds would be used to improve &maintain the road in the Town. 3. The Development Impact Fee Funds have been programmed through the Regional Transportation Plan to be used for larger projects such as the First Avenue and Pusch Ridge improvement and Pusch View Extension. Chairman Kessler announced that at the next meeting Vice Chair Lewis would serve as Chair and Member Schannep will serve as Vice Chair. ADJOURNMENT Chairman Kessler adjourned the meeting at 5:16 p.m. Respectfully submitted, Linda Hersha, Secretary II f LEY �4q��o2 i n�) £ �_�. ► PLANNING& ZONING DIVISION 4 AA /ice,i 86',(DUNDED'\g1 TO: Brent Sinclair, Community Development Director FROM: Bryant Nodine, Planning and Zoning Administrator DATE: February 6, 2004 RE: Eckerd's (Centre's) Interpretation and Decisions This is to provide information on the items that were appealed to the Board of Adjustment recently. I recommend that it be forwarded to the Council as there has been, and may be further, presentations/letters on this. There was one interpretation and two decisions involved in the review of Eckerd's: Interpretation The basic interpretation was that the drugstore is the principal structure on the site and not a free- standing pad. The attached report goes into more detail, but the bottom line is the drugstore is the largest building on the site. Decision#1 The rear buildings may be free-standing pads, but they are not regulated by the Oracle Road Overlay District. The language and graphics in the Code are very clear that free-standing pads are regulated only if they front on, or are directly accessible from, Oracle Road. Decision#2 The northwest restaurant is a free-standing pad though it is arguable whether it is regulated as such by the Overlay District—a 100' natural buffer adjacent to Oracle affects whether it is considered to be fronting on Oracle and it may not be directly accessible from Oracle Road unless the north drive, which leads directly to the restaurant, is approved through a variance. Regardless, the decision was to use Section 10-401.C., Special Recommendations, which allows the Planning and Zoning Administrator to recommend standards to assure compliance with the Oracle Road Scenic Corridor Specific Plan Goals and Objectives. The standard was separation of the restaurant from the other pads to allow the development to respond to the topography, to break up the building mass, and to allow an access drive to the next parcel to the north. With this recommendation the section related to free-standing pads and the requirement for Commission approval of a free-standing pad does not apply. attach: OV10-03-07 Report to the Board of Adjustment F:\OV\OV10\2003\OV10-03-07\Summary memo.doc