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HomeMy WebLinkAboutOV100403 • AFFIDAVIT PUBLICATION STATE OF ARIZONA) as. COUNTY OF PIMA ) �{{�! RA being first dul swOn de os s arias h'y p ys at (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-04-03 MARK LEWIS NOTICE OF HEARING 4 was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for issues; that was first made 9t h JULY 04 on the day of 20 9t h and the last publication thereof was made on the day of JULY 04 20 ; that said publication was made on each of the following dates, to-wit: 07/09/04 Yi Request of TOWN OF ORO VALLEY Daily Territorial Subscribed and sworn to before me this day of 20 9th JULY 04 may. r .�+ ♦ ... -a 4"' o ty Pu Ic in i and for the 9ofx6ity of P 7a.c`S.tcl1 10 Anzotn riz a My Commission Expires: ;/' "y Cip lri s ion Expires \L\ NOTICEOF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 1-708 of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Sec. 9- 462.06, NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, July 27, 2004,commencing at or after 3:00 p.m. The meeting will be held at the Oro Val- ley Town Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: OV10-04-03:MARK LEWIS, LEWIS MANAGEMENT,180 W.MAGEE ROAD SUITE#134,REPRESENTING FOOT- HILLS BUSINESS PARK,INC.IN ORO VALLEY,85704,REQUEST FOR VAR- IANCE TO INCREASE A FREESTAND- ING SIGN FROM THE EXISTING AREA OF 64 SQUARE FEET TO 77 SQUARE FEET,AND THE ALLOWED NUMBER OF ANCHOR TENANTS FROM 6 TO 10, SUBJECT PROPERTY: FOOT- HILLS BUSINESS PARK, INC. EAST OF ORACLE AT HANLEY, ORO VAL- LEY,AZ,85737. The applicant request to increase the existing area of freestanding sign and increase the number of tenants allowed on the sign. Site plans are available for review dur- ing normal business hours at the Oro Valley Town Hall,Development Service Center. Persons interested may appear in person,by agent or attorney,and the petitioners must appear or be represent- ed.Any person seeking further informa- tion on this request for a variance may contact Dee Widero 229-4812 or E-mail: dwidero©oroval ley.net. REQ: Bryant M.Nodine,AICP Pub:The Daily Territorial July 9,2004 Reg:Town of Oro Valley hrov10-04-03 • NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 1-708 of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Sec. 9-462.06, NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, July 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: OV10-04-03: MARK LEWIS, LEWIS MANAGEMENT, 180 W. MAGEE ROAD SUITE #134, REPRESENTING FOOTHILLS BUSINESS PARK, INC. IN ORO VALLEY, 85704, REQUEST FOR VARIANCE TO INCREASE A FREESTANDING SIGN FROM THE EXISTING AREA OF 64 SQUARE FEET TO 77 SQUARE FEET, AND THE ALLOWED NUMBER OF ANCHOR TENANTS FROM 6 TO 10, SUBJECT PROPERTY: FOOTHILLS BUSINESS PARK, INC. EAST OF ORACLE AT HANLEY, ORO VALLEY,AZ, 85737. The applicant request to increase the existing area of freestanding sign and increase the number of tenants allowed on the sign. Site plans are available for review during normal business hours at the Oro Valley Town Hall, Development Service Center. Persons interested may appear in person, by agent or attorney, and the petitioners must appear or be represented. Any person seeking further information on this request for a variance may contact Dee Widero 229-4812 or E-mail: dwidero @o�ovalley.net. REQ: ry M. Nodine,AICP Posted: 7--7--0 4 Time 3 : 30 p.m.. By: sg P/i)-) IY7(' ")&ji ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT Vs)\gfricp,t1)141 vi/d CASE NO: OV 10-04-03 IV:111/1 Hearing Date: July 27,2004 Agenda Item No.: 1 Prepared By: Dee Widero, Senior Zoning Inspector REQUEST: MARK LEWIS, LEWIS MANAGEMENT, 180 W. MAGEE ROAD SUITE #134, REPRESENTING FOOTHILLS BUSINESS PARK, INC. IN ORO VALLEY, 85704, REQUEST FOR VARIANCE TO INCREASE A FREESTANDING SIGN FROM THE EXISTING CABINET AREA OF 24.5 SQUARE FEET TO 48 SQUARE FEET, AND THE ALLOWED NUMBER OF ANCHOR TENANTS FROM 6 TO 10, SUBJECT PROPERTY: FOOTHILLS BUSINESS PARK, INC. EAST OF ORACLE AT HANLEY, ORO VALLEY,AZ, 85737. REQUEST SPECIFICS: The applicant requests a variance to the allowed square footage and number of tenant panels for freestanding signs per the OVZCR Chapter 12, Section 5 F. The current code allows for a 50 square foot sign with six tenant panels. The applicant is requesting an 88 square foot sign with 10 tenant panels. The existing sign is 5'6"in overall height and 10' in overall width, a total of 55 square feet. SITE LOCATION: This site is located on the east side of the intersection of Oracle Road and Hanley Blvd, approximately '/2 mile north of Oracle and First Ave. The existing sign is located in the median of Hanley Blvd and Oracle Road. NOTIFICATION: All property owners within 300 feet of the 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 had not received any public comment pertinent to the issues in this case. 1 SITE ANALYSIS: The existing sign is 5'6" in overall height and 10' in overall width, a total of 55 square feet. An 8"CMU with aggregate "L"shaped base exists with the business center's name and logo in polished copper reverse channel letters, non illuminated. A double faced cabinet measuring 3 1/2' in height by 7' in width, a total of 24 Y2' square feet is attached to the base with one tenant panel for Arizona Self Storage. Surrounding Freestanding Signs South of Foothills Business Park • Big 0 Tire Center sign has four tenant spaces. The retail building has only four tenant spaces for occupancy. • Home Depot/Albertson's Center has three tenant panels. • Bank of America does not have tenant panels available. • Rooney Ranch Center has two freestanding signs. One has four tenant panels, double faced allowing 8 tenants and the other has 8 tenant panels allowing 16 tenants. North of Foothills Business Park • Honeywell sign is in Pima County. • Shurgard's sign was permitted while under Pima County's jurisdiction. PLAN ANALYSIS: The proposed plan is to keep the existing base unchanged. The variance request is to increase the double faced cabinet to 6' in height by 8' in width, totaling 48 square feet. The enlarged cabinet would provide a maximum of 10 tenant panels. SUMMARY: Staff finding of facts: 1. The existing entry way sign was approved as a replacement sign by the Development Review Board in 1995. A maximum of four tenant panels were allowed per code at that time. 2. According to the Development Review Board minutes of November 1995, the Town of Oro Valley's Engineer was to approve a right-of-way permit to allow for installation of the sign in the pubic right-of-way on Hanley Blvd. The Town does not have a record of this permit as our files only date back to 1997. 3. One tenant, Oro Valley Self Storage, has utilized the tenant panel. The storage company replaced the cabinet in 2003 with one tenant panel changing the name to Arizona Self Storage. 2 4. The current OVZCR Chapter 12 allows a 50 square foot, 8' high sign with a maximum of 6 tenants for freestanding signs. 5. The proposed sign exceeds the maximum square footage by 33 square feet, and the allowed tenant panels by four panels. 6. Sign area is measured by overall height from grade to the edge of the sign face. Per OVZCR Chapter 12, Section 304.B. The Board of Adjustment should consider the following findings in making its decision: 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 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. 3 SUGGESTED MOTION: I move to approve OV 10-04-03, a request for relief from the required square footage and tenant panels. OR I move to approve OV 10-04-03, a request for relief from the required square footage and tenant panels with the following conditions: (Staff does not have any stipulations to recommend). OR I move to deny OV10-04-03 finding that: (Board to state reason why the variance cannot be granted). ATTACHMENTS: 1. BOA application with applicant's exhibits A—E 2. Location map 3. Photos of sign in close proximity F:\OV\OV 10\2004\10-04-03\REPORT.doc 4 • JUL - 2 2004 JPttEY qA oQ� � TOWN OF ORO VALLEY n%./ 11%k / PLANNING&ZONING DIVISION 11,000► N. LA CANADA DRIVE, ORO VALLEY AZ 85737 1a` Phone: (520) 229-4800 Fax: (520) 742-1022 �ouN BOARD OF ADJUSTMENT APPLICATION FOR: _X_Zoning Variance Note: Submittals are due by noon -Zoning Interpretation -Appeal of Administrative Decision CASE NO.: O t/jo-a V-o 3 NATURE OF REQUEST: SEE EXHIBIT A APPLICANT: FOOTHILLS BUSINESS PARK, INC. PHONE: (520)742-5674 FAX: (520)742-1523 ADDRESS: 180 W. MAGEE RD., SUITE 134, ORO VAI .I FY_A7 85704 OWNER: FOOTHILLS BUSINESS PARK, INC. ADDRESS: SAME AS ABOVE PROPERTY LOCATION FOR VARIANCE REQUEST: EAST SIDE OF ORACLE @ HANLEY PARCEL#: BOOK 37, PAGE 8 LEGAL DESCRIPTION: CURRENT ZONING: P 1B IC RIGHT OF WAY APPLICABLE FEE: $600 ATTACHMENTS: EXHIBIT C—OWNERS LIST, EXHIBIT D-SIGN PHOTO, EXHIBIT E-AREA PHOTO SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE 7424 Mark Lewis, Association Manager (for Foothills Business Park, Inc) 1 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. SEE EXHIBIT B 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? 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. 2 EXHIBIT A Nature of Request: Foothills Business Park, Inc (a property owners association, representing the 17 parcel owners in the Foothills Business Park) desires to replace an existing freestanding sign at the entrance to the business park, with a modified freestanding sign allowing a safer and more effective sign at that location. As the Association does not have the authority to obligate its members regarding a wide range of signage issues, pursuing a Master Sign Program was not an option. Therefore, seeking a variance(s) for this one (single sign) is necessary. We are not certain if we are asking for one or two variances. The Town Code allows a 50 square foot sign. The modified sign will be 48 square feet. However, the "signage" area is placed on an existing "monument" in which the name of the business park is engraved (see exhibits). If the Town decides that the entire monument is part of the sign, we are seeking a variance regarding the size. The variance we are certain is needed, is to allow 10 sign panels as opposed to the 6 permitted under the Town Code. EXHIBIT B Answers to A-E. 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? Yes. The situation regarding effective signage for the businesses located within Foothills Business Park is unique to business parks in general, and certainly unlike any other business areas in Oro Valley. Although the existing topography has not changed over the years, the difficulty finding the businesses located within the Foothills Business Park has increased drastically in recent years, and will continue to become a bigger problem in the future. (SEE EXHIBIT E) B. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? Yes. There are several factors which have resulted in this unique situation. A chronological review is a good way to demonstrate these factors. 1) In the early years (1980's) Foothills Business Park was the only development in that area of Oracle Road. At that time the vegetation from the graded lots was relatively minor, the traffic sparse and the number of business few. When people were looking for an address, it was intuitively obvious where to turn off of Oracle Road as there was nothing else in the area. In addition, the early businesses were manufacturers, with few "retail" operations. Therefore, the number of people looking for an address or a business for the first time, was relatively few. 2) As development occurred in the area, La Reserve, Home Depot, Honeywell, etc., the landscaping matured and the number of"retail" users increased, it became harder for people to figure out where the proper turn for Hanley Boulevard was. Couple this with a dramatic increases in traffic, and we have a situation where an ever increasing number of business clients and customers are expressing severe frustration as they look for the proper turn from Oracle Road. (SEE EXHIBIT E) C. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? The variance is needed not because we are seeking a sign in a location where no signage was approved. The variance is needed to effectively display the number of businesses within the business park. (Application is for 10 panels, code allows 6). It is important to note that the size of the individual sign panels is nowhere near large enough to "attract" clients and customer. The purpose of this new sign is simply to provide a quick visual guide as to where a person should turn to get to the address of the business. If the Town decides that the entire monument is part of the sign, we would need a size variance to end up with the size of panels in this submittal, in order to have an effective and safe sign. (SEE EXHIBIT D) 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? As the situation at Foothills Business Park is unique and could not be duplicated in the future as any future business park would have the advantage of a Master Sign Program, there would be no possibility of establishing precedence. There are no other existing business parks in Oro Valley (or the surrounding area) with the same set of circumstances. 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. The variances being requested (10 panels) and (perhaps, larger size face) are needed to provide the smallest effective display to accomplish the desired traffic safety— business purpose. Exhibit C . Parcel 220-08-001N Parcel 220-08-001M ALL REAL PROPERTY INC E311 LEIBER JOHN LEE Ui % CLAIRE WESTBERG 453 S MAIN AVE 6446 HIGHWAY 179 STE 203 TUCSON AZ 85701-0000 SEDONA AZ 86351-0000 Parcel 220-08-002B Parcel 220-08-001 L ® STEAM PUMP VILLAGE INVESTORS LLC al LEIBER JOHN LEE ATTN: DIAMOND VENTURES INC 453 S MAIN AVE 2200 E RIVER RD # 115 TUCSON AZ 85701-0000 TUCSON AZ 85718-0000 11040 11060 l/CXO 10980 11160 G C7 / OAP 10956 11020 10960 OM 0 1093'0941 11 10921 10970 2O �/L 10901 109. 10950 e r� �i ` `C_ C 10940 10881 . �Q` 1550 �j 10900 !Z 1087,�`- �O 1560 ` 108% C_ 10880 10855 l 108p�� `, 1580 `� Q�.� 10:1.),\,, 10860 O 10801 Q \'F� 1600 10800 ,:\ 10840 a Z 0 '1(15/ Q� 10800 A� trZ ��1 c'!LP lO)' 6C 11130 q tO�Q 0795 10701 2� , . Z � 1500 ��/ C. V Pima County Assessor Online Page 1 of 1 a.az.us 1:1 ,1 Secirc Subdivision Map & Plat / pr--- Lot 2005 TaxYear Query> FOOTHILLS BUSINESS PARK(1-7) returned 16 records! Nex tPage LandFCV Taxpayer Parcel Use/Lot ImprFCV Subdivision 220-10-006A 3030 $447 ,388 RUSTY ADAMS INVESTMENTS LLC 1 $679, 192 FOOTHILLS BUSINESS PARK(1-7) 220-10-007B 3730 $209,498 ARIZONA SELF STORAGE ASSOC LLC 2 $873,526 FOOTHILLS BUSINESS PARK(1-7) 220-10-007C 9700 $500 TOWN OF ORO VALLEY 2 $0 FOOTHILLS BUSINESS PARK(1 -7) 220-10-008A 3730 $223,538 ARIZONA SELF STORAGE ASSOC LLC 3 $263,038 FOOTHILLS BUSINESS PARK(1-7) 220-10-009A 1511 $238,173 AJC PROPERTIES LLC 4 $930,837 FOOTHILLS BUSINESS PARK(1-7) 220-10-010A 0031 $146,712 SECURAPLANE TECHNOLOGIES LLC 5 $0 FOOTHILLS BUSINESS PARK(1-7) 220-10-011A 1510 $138, 698 SECURAPLANE TECHNOLOGIES LLC 6 $484, 932 FOOTHILLS BUSINESS PARK(1-7) 220-10-012A 3747 $181 , 980 GHESR INC 7 $254,120 FOOTHILLS BUSINESS PARK(1-7) 220-10-013B 3740 $655, 792 ROUSSEL HOECHST MARION INC 8 $140, 664 FOOTHILLS BUSINESS PARK(1-7) 220-10-015A 0031 $343,893 WALKER RONALD & RITA CP/RS 10 $0 FOOTHILLS BUSINESS PARK(J -7) Pima County Assessor - 115 N. Church - Tucson Az . 85701 Client - 12.47.184.36 1.44 • / • / 1 1 .-. Pima County Assessor Online Page 1 of 1 F----;11277)//- WV/WAS . . Pi a.az.us Search —7 Subdivision Map & Plat 37 / 17- Lot r---- 2005 TaxYear Query> FOOTHILLS BUSINESS PARK(1-7) returned 16 records! PreviousPage LandFCV Taxpayer Parcel Use/Lot ImprFCV Subdivision 220-10-015A 0031 $343 , 893 WALKER RONALD & RITA CP/RS 10 $0 FOOTHILLS BUSINESS PARK(1-7) 220-10-016A 0031 $253,592 GLASSWORKS OF ORO VALLEY LLC 11 $0 FOOTHILLS BUSINESS PARK(1-7) 220-10-017A 0031 $251 , 920 GLASSWORKS OF ORO VALLEY LLC 12 $0 FOOTHILLS BUSINESS PARK(1-7) 220-10-018A 3710 $176,280 NETMEDIA INC 13 $315,2 88 FOOTHILLS BUSINESS PARK(1-7) 220-10-020B 3740 $349,085 RCDK REALTY I LIMITED PARTNERSH 14 $758 , 077 FOOTHILLS BUSINESS PARK(1-7) 220-10-021A 3711 $206,033 MATRIXX EQUITIES LLLP 16 $393, 339 FOOTHILLS BUSINESS PARK(1-7) 220-10-022A 3711 $193, 604 MATRIXX EQUITIES LLLP 17 $285, 894 FOOTHILLS BUSINESS PARK(1-7) Pima County Assessor ^- 115 N. Church - Tucson Az . 85701 Client: — 12.47.184.36 httrv//ixruLr[I7 not'nn v» 0._-__--"1^/0-----1_A 1)A. ._1_.....(] .cs .1 i. i...... • PROPOSAL DOUBLE FACE CABINET I♦ AK ZONA SCALE 3/4"=1'-0" 8!-0" SELF STORAGE t ' T� ---- • y{ G�,, .:..‘KS securaplane O EE f 'j•--•� Way&�� IECM�OlO81E91M[ > ' 1 *REMOVE EXISTING ARIZONA I 3x= ad SELF STORAGE DOUBLE FACE _ netmedia : Ave m110 SELF STORAGE CABINET. MODIFY CABINET TO SIG..TC""°`°G'. i V pTEa unow=� NEW SRE. s ' �, • � Si. �� �► Z *FABRICATE AND INSTALL NEW -�" Ji. .'I(ar,i TENANT DOUBLE FACE CABINET SOUTHERN ARIZONA � �� � AS PER DRAWING. •I';s ' 1- x .4 GLASS W 0 R( s Window&Door Supply s e c u r a p I a n e *FABRICATE -, 1 � " '� `.� -Nt. , I. ` ', ',`"i,' - 'AWMINUM SHEET AND INSTALL ONE -'t 11. p POLE COVER ;.1 TECHNOLOGIES INC ALUMINUM SHEET METAL POLE • :-• #,#= , ° �t , t' ^,7•3 T ---,- i EXTENSION PALMED { COVER EXTENSION AS PER _ •' a-- . TO MATCH EXISTING c SAMPLE ELEVATION PHOTO. SAMPLE ELEVATION *SWAYFORRE > SCALE 3/8"=1°-t)" PRIOR t0 ' PRIOR TO fletmeciiaAventis ARIZONA SELF STORAGE SIGMA TECHNOLOGIES I ;,4 INTERNATIONAL, INC. CABINET ABOVE NEW TENANT D/F ILLUMINATED CABINET , CABINET, r. REPAYS TO HAVE NO MORE THAN 1116'GAP 1'2'BOLT WINUT _WELDS MUST MEET COWXKY STAM)ARDS LEXAN SIGN FACE WELDED ON INSIDE 6 EXPOSED STEEL PAINTED WHITE INSIDE SIG`. BACKSIDE HANGING BAR FOR LIFT POINT k USE U X t t-HEX HEAD I. ' ' XI SAG ROD TECH SCREWS FOR t / ADJUSTABLE CONSTRUCTION ALL BAD'AS T S&WIRING /f--- - TO BE 1000V RATED& ,../ �; ,ULAPPROVED CWHO FLUORESCENT LAMPS 8 12"O.C. ,// II I BUTT END SOCKETS I \ s 2 -6'/2"V.O. 2'-6"V.O. 2'-6 1/2'Y SPRING SIDE TO TOP-CENTER IN CABINET 040 ALUMINUM WIREWAY COVERS I *x BALLAST'WIRING WITHIN TOTA SIGN AREA SO FT ALL WIRES SECURED 24"O.C. z NO LESS THAN 12"OFF BOTTOM OF CABINET r I 41< BLACK DOUBLE FACE CABINET /CABINET BUILT 1 1,2-OVER NOMINAL LAMP LENGTH' i / \ I211 230-22 CABINET TYPE: 12"CONVENTIONAL 2'EZ AETECH r.i 12 CONVENTIONAL -�- i S DEPTH: 12" RETAPER,SCREW 12' FRAME • ��� COLOR: BLACK I I ' / 12 —I 1 ..,..........2---.... El - [ i LYMPIC BLUE RETAINERS: 1 1/2" HOLES MEW"COVER 5` 2.125" 2 e16D 0 C PRIMARY ISOLATED 230-57 FACES: 3/16"WHITE LEXAN 10WEATHERPROOF s COPY: FIRST SURFACE VINYL AS PER DRAWING = LEXAN FACE SPRING SOCKET , ILLUMINATION: INTERNAL LAMPS HANGING BAR C LAMP FLUORESC T LOGOS FOR VISUAL REFERENCE ONLY INSTALL: ATTACH FLUSH TO EXISTING SIGN BASE V~ )RK TO BE PROVIDED BY CUSTOMERS µ m FILE NAME:1 PRO AZSADDCAB SALESMAN:M.ADDIS WORK ORDER#: REV DATE NOTES ` BY JOB NAME:ARIZONA SELF STORAGE 10B CONTACT: DEB LEWIS SIGN TYPE: DF CABINET 3'18r2004 nev,des,gr AL JOB ADDRESS:10880 N.MAVINEE DR. ADDRESS: 180 W MAGEE#134 DESIGNER: FOSTER LLI i, le,,, CITY:MARANA CITY:TUCSON DATE: 11.26.03 SUITE: PHONE:520-742-5674 INSTALL DATE: STREET ZIP:85741 FAX 520-742-1523 WO&PER: NA 85713 540 ---- ---- --- _ • ACCEPT DATE: BUYER SIGNATURE: Al SHOP APPROVAL 1: SHOP APPROVAL 2: f'/1G" OF EXHIBIT E ..„ .,..„,.. ,„ ........„, , .._,.. .. .,... .... . , ..„, , . ., —45',.., «.: * :'ttli.';:. * a ` $l�:�a �', tom> ft>� f-- r «' .' ,to, � y 4 T `. � _ r - 7_. •- -~am; - •'' . •-*' e '.i ,,. __. a. � -. • 'fir-w.•�• ? S S '/s • t �: • Y i • f \ k �z �-".'� ,.� .nay ro $E - w TC .VN OF ORO VALLE Y PLANNING DEPARTMENT 11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737 PHONE: 229-4800 FAX: 742-1022 RECEIPT ****************************************************************************** REFERENCE NUMBER: DS0400362 RECEIPT #04P00394 SITE ADDRESS: TAXCODE: DATE: 07/02/2004 TIME: 03:04 PM COMP TYPE: MISCELLANEOUS RECEIPT TYPE: DESCRIPTION: ZONING VARIANCE-SIGN-OV10-04-03 APPLICANT: FOOTHILLS BUSINESS PARK INC OWNER: Notation: Receipt By:DRM ******************************************************************************************* DRM PAID BY: Type Method Description Amount Payment Check 002102 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: $ aq yyla,t/L0 ek w �a d, — biLliE SC+ram ,!�Ilfi i ,►;� r +' it~#j tl`t!=r PI mil 2 ■III■ • 4 C ---J ''aliades Rd '" 11.1100111i r GAL ---,........._ :-.1 Welt 111W , bkIlia° if-'' '''' -"wimit ---: 114 illiddilliliPP. 1> _....—=', -Ths .4 t 14,7*AIr .., iliPlAl lotto - E <ai Wy , iill a _ • IO'id ' ■ Char, ' ' 4 n I% —_ FOOTHILLS BUSINESS PARK FREESTANDING SIGN . . 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Authority ADD: Reference: ARS: 9-462.06 Duties ADD: Amend OVZCR to include: a) Evaluate and determine standing of an application to an appeal * Reconcile Dept of Commerce Handbook information on standing (11-807 C.) b) Deciding variance applications based upon all five standards being met(Revise Sec.1- 709) c) Deciding appeal applications based upon any of standards being met d)ADD: Deciding requests for grading exceptions. Transfer from DRB(Modify Sec.1- 602) e) ADD: Deciding Conditional Use Permits. Transfer from P&Z(Modify Sec.1-402C) *See BOA Handbook page 7 2. Membership Delete sentence, "all members shall serve at the will and pleasure of the Town Council". This statement is contrary to 2.3 Removal from Office, and zoning code stipulation as to basis for removal. OVZCR 1-704 states that there is no limit on the number of terms. I don't believe term limits should apply to the BOA: a) There is not a"waiting list"of qualified applicants for BOA openings. Applications received do not reflect any understanding of BOA duties and function. Applicants have not even attended BOA meetings. b) Due to the infrequency of BOA meetings, a background including familiarity with the code takes longer to acquire Include copy of orientation procedure for new BOA members. BOA members need to understand the thorough nature of new member orientation. New members must be able to fully participate at their first meeting. There can be no "learning curve". Evaluation of Performance This section needs to establish how the evaluation is conducted(Interview or Independent Analysis); Who is responsible for evaluation, Timing of evaluation, and how evaluation is shared with individual member; Council Liaison, Staff, etc. The BOA adopted 4-1 rules proposed by a BOA sub committee made up of Bart Schannep and Lyra Done that addressed these issues. I don't have a copy, but they were to become part of Operating Procedure. Page Two Bryant Nodine BOA Rules and Operating Procedure The Performance Criteria in the Handbook is a self analysis of the group as well as any member; effectiveness of the Chair is inappropriate in this context; Do some members dominate is irrelevant in terms of individual performance. These criteria do not serve the purpose intended. The purpose intended was to ensure that BOA members seeking reappointment had an evaluation from the BOA that was made available to the interviewing panel. The evaluation could also be used by the current Chair/Vice Chair to try to adjust the performance of any under performing member. Planning and Zoning C. Provide an application for a request for Variance that more concisely states the 5 standards that must be met. Provide an application for an appeal of an interpretation that states the criteria utilized by the BOA in judging the appeal, and that directs the applicant to state how they are a party aggrieved. H. Also place laminated card at podium that references standards for deciding an appeal Legal Counsel Conduct an Executive Session prior to a Regular meeting at which time an appeal of an interpretation is agendized. The Executive Session is to guide the BOA in determining the standing of the applicant based upon current law. Reconcile Handbook discussion of ExParte contact(page 8)with BOA memo of December 22,2003 from Mark Langlitz. Add definition of"property"referred to in standard A & B of a variance request, reflecting improvements or structures. Counsel representative to serve as parliamentarian to the BOA Meetings General All meetings will be run with Robert's Rules as a Guide Regular Meetings Insert, at 3:00pm Quorum&Voting Insert: Motion is to accurately and fully state the justification for the approval or denial Placement of Items on the Agenda Page Three Bryant Nodine BOA Rules &Procedures Items may also be placed on the agenda by the Chair or by any BOA member, subject to Chair approval. Regular meeting agendas are to have an item for BOA action as to items to be placed on future meeting agendas. Order of Business or Agenda Reverse E. and G. Staff report with case facts should precede applicant presentation to enable applicant to respond to any facts in dispute. J. Applicant can be asked to respond to questions from the BOA only. Not re state or re present the case or ad-lib responses to public testimony. If BOA members have questions raised by the public testimony or additional clarifications necessary from the applicant, those may be specifically addressed. Record of Consideration in Board Actions A BOA member participating in discussion of a motion to deny or approve must state their justification for their vote. This is supported by Riggins Rules and Department of Commerce material. To not provide this justification, can appear to a court on appeal that the BOA acted arbitrarily. Bill Adler April 28th, 2004 C. Dee Widero; Patty Hayes; Mark Langlitz J.:p1.71) loc)<C, , ())\ a"-, /Lti V ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT Hearing Date: July 27,2004 Agenda Item No.: 2 Prepared By: Bryant Nodine,AICP,Planning and Zoning Administrator PROJECT: BOARD OF ADJUSTMENT RULES AND PROCEDURES BACKGROUND: This is essentially the report made to the Board on April 27. At that meeting the Board voted to table this item until new board members were appointed. From December 2000 to May 2001 the Board met and considered rules and procedures. These were drafted into the attached May 22, 2001 Rules and Procedures which were approved by the Board on that date. Subsequently,the Board met regarding the rules and procedures as follows: August 8,2001 Discussion of the five standards and how these should be reported in the Board's vote. March 26,2002 Actions to provide recommendations to the Council regarding the Council's proposed Rules and Procedures. This included: (1) the Board drafting their own procedures (not necessarily based on those of the Council); (2) term limits (6 year maximum); (3) including a strong volunteer record as one of the qualifications for appointment; (4) including a Council liaison, staff member, and former member of the board or commission on the appointment interview panels; and (5) that evaluations should be confidential, consistent with the procedures of the board or commission, and provided to the applicant during the interview process. (All approved except for the first, for which no vote is shown in the minutes.) April 23,2002 Discussion on using the "Getting 360 Degree Feedback Right" in the member evaluation process. Discussion on the need for a staff report. Presentation of the Zoning Code information related to removal of a Board member. September 5,2002 Discussion of the evaluation procedure for Board members. Discussion of the Chair and Vice Chair terms of office. September 24, 2002 Action to establish an evaluation process via a subcommittee who will report back to the Board. (Motion failed 3-2.) Action to establish a subcommittee to suggest criteria for removal of a member. (Approved 5-0.) Action to recommend to the Council an expansion of duties. (Failed 3-2.) Action to establish guidelines to be used by the Chair to determine if reconsiderations should be placed on the agenda. (Approved 5-0.) [Note: This was completed on January 28, 2003 and is included in the attached procedures.] Action to include that each member must explain the basis of their vote. (Failed 3-2.) Action to amend the policy to elect the Chair and Vice Chair in July. (Approved 4-1.) [Note: These have not included this in the procedures because of a vote to rotate the Chair and Vice Chair.] January 28,2003 Action on procedures for reconsideration. (Failed 4-1.) Action to accept the policy of the subcommittee related to removal of members. (Approved 4-1.) [Note: This has been included in the attached procedures.] Action on Council Resolution (R) 02-107 regarding the appointment process and evaluations. (Continued until the Board receives clarification from the Council,4-1.) PROPOSED RULES AND PROCEDURES The attached Proposed Rules and Procedures were drafted using same format and language currently used by the Development Review Board and Planning and Zoning Commission. They have been modified to include the specific procedures approved by the Board of Adjustment as noted in the above chronology. The approved May 22, 2001 Rules and Procedures have been included as annotated into the Proposed Rules and Procedures. RECOMMENDATION It is recommended that the Board consider these and amend them as necessary in order to present them to the Council for approval. SUGGESTED MOTION I move to adopt the attached rules and procedures and forward them to the Council recommending approval. OR I move to adopt the attached rules and procedures and forward them to the Council recommending approval with the following changes: ATTACHMENTS 1. Proposed Rules and Operating Procedures, Oro Valley Board of Adjustment 2. Rules and Procedures,May 22, 2001 F:\Admin PZ\Board of Adjustment\Rules Cover Report 042704.doc RULES AND OPERATING PROCEDURES ORO VALLEY BOARD OF ADJUSTMENT ??, 2004 1. GENERAL 1.1 Authority The Board of Adjustment is established by Section 3-5-5 of the Town Code and Article 1-7 of the Zoning Code, both under the authority of the Arizona Revised Statutes, specifically ARS 9-461 and ARS 11-6. 1.2 Duties The Board duties are per Article 1-7 of the Zoning Code. 2. ORGANIZATION 2.1 Membership The Board of Adjustment shall be composed of a total of five members who shall be residents of the Town. The Town Council shall appoint the members in accordance with procedures adopted by the Council. Consideration shall be given to the attached "Desirable Attributes of Board of Adjustment Members". All members shall serve at the will and pleasure of the Town Council. Appointments shall be for a period of two years each ending on June 30th, with terms of members so staggered that the terms of no more than three members shall expire in any one year. No member shall serve more than two consecutive two-year terms (not including any time served to fill a vacancy). Vacancies for any reason shall be filled by appointment by the Council for the remainder of the unexpired term. The term of all members shall extend until their successors are appointed. [Town Code 3-5-5 says one member nominated by each Council member. Town Code or procedures need to be amended] 2.2 Evaluation of Performance Members shall be evaluated annually using the criteria in the attached "Performance Criteria" The evaluation of Board members will serve as a guide for reappointment. [This is the wording from the 5/22/01 procedures. It was discussed at the 9/5/02 Study Session and the 9/29/02 Special Session where it was referred to a subcommittee. The Board again discussed this on 1/28/03 as it relates to Council Resolution (R)02-107, at which time they agreed to get clarification.] 2.3 Removal from Office A. The Board may remove a member for cause for the following two reasons: 1 1. Unexcused Absence: Should a member miss two consecutive meetings or three meetings in one year, the Chairperson may consider the position abandoned. 2. 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: a. Poor citizenship or unruly behavior. b. Lack of comprehension to non-technical explanations. c. Lack of interest, inattentiveness at meetings, and/or sleeping during meetings. d. Disregard for,and/or defiance of,rules and procedures. B. 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 scheduled meeting for ratification. C. The above does not affect that, per Section 1-704.D, The Town Council may remove a member from office, by a majority vote, for neglect of duty, inefficiency or misconduct in office. [The Board discussed this item on 9/24/2002 and decided to look at, consider, and tailor to the Board approaches used by other bodies. On 1/28/03 the Board approved these procedures.] 2.4 Officers The Chairman and Vice-Chairman shall rotate among the members with new officers for each regular meeting that is held. The Vice-Chairman at one meeting will become the Chairman of the next meeting. The Chairman shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The Vice- Chairman shall perform the duties of the Chairman in the absence or disability of the Chairman. If both Chairman and Vice-Chairman are absent from a meeting, the senior member of the Board of Adjustment shall preside. 2.5 Secretary The Town Zoning Code (Sec. 1-705.B) designates the Town Clerk to act as Secretary to the Board of Adjustment. It shall be the duty of the Secretary to: A. Make room arrangements, mail materials, take minutes, schedule meetings and contact the Board regarding attendance and schedule. B. Notify the Board through the Clerk's office by the 10th of each month, if a meeting will or will not be held. Board members are to notify staff of inability to attend a meeting. 2.6 Planning and Zoning The Planning and Zoning Administrator or his or her designee shall perform the following functions for the Secretary: 2 A. Serve as primary contact for the agenda, develop agenda and any revisions with direction of the Chair. B. Notify all surrounding property owners consistent with the Oro Valley Zoning Code. C. Work with the applicant regarding material for applications. Any contact made between the staff and the applicant prior to the hearing shall be summarized in the staff report if it is germane or pertinent to the case. D. All materials and agenda shall be distributed to the Board by staff at least one (1) week prior to the meeting date. E. Coordinate all necessary reports/materials/exhibits for the Board's consideration. Presentation materials need to be suitable for overhead display. F. Within the case report and presentations, identify separately each individual variance and the issues involved with that variance. G. Invite all necessary staff to the Board meetings. H. Place a laminated card at the podium identifying the 5 Criteria. 2.7 Legal Counsel The Town Attorney, or his or her designated representative, shall provide legal advice for the Board of Adjustment except when a conflict of interest or other legal bar to representation arises. The Town Attorney, or his or her designated representative, may decline representation if a conflict of interest arises. 3. MEETINGS 3.1 General All meetings will be run utilizing Robert's Rules. 3.2 Regular Meetings Regular meetings of the Board of Adjustment shall be held at the Oro Valley Town Hall on the fourth Tuesday of each month and shall be duly noticed in accordance with the Arizona Revised Statutes, the Oro Valley Zoning Code Revised and the Town's posting procedures. 3.3 Special Meetings Special meetings for good cause may be held by the Board of Adjustment on call of its Chair or of a quorum of members, which call shall be filed with the Secretary, or as may be scheduled by a majority of the members at any previous meeting. If the Chairman is unavailable, the Vice-Chairman can call a special meeting. At least 24 hours notice of the meeting shall be given to each member of the Board of Adjustment. 3.4 Public Meetings 3 All meetings and hearings of the Board of Adjustment, except Executive Sessions, shall be open to the public. Any action calling for a formal vote shall take place only at a properly noticed public meeting. 3.5 Site Inspections The Secretary shall conduct a site inspection for the Board of Adjustment members on all matters deemed appropriate by the Chairman. Board of Adjustment members who are unable to attend the group site inspection may visit the site individually. The conduct and notice of such inspections shall be as provided by law and by adopted Council procedures. Such meetings will be for the gathering of facts only; there is to be no discussion or presentation of the merits of the case. 3.6 Quorum and Voting A quorum is required to transact business; it is not required for meetings where no action is taken. Three members shall constitute a quorum. The affirmative vote of a majority of the members voting shall be required for passage of any matter before the Board of Adjustment. The minutes of the meetings shall reflect the "ayes" and "nays" cast on a particular measure, as well as the rationale for the majority vote and the names of those members who vote in the minority. If absent, or if failing to vote, the minutes shall indicate that fact. As soon as a member declares a conflict of interest relative to a particular issue, the member will leave the room thus abstaining from deliberations, discussions, and voting on the matter in question. The Board of Adjustment shall direct staff to prepare an update to the Council on all items continued more than 35 days, indicating why they were continued and when they are expected to be considered next by the Board of Adjustment. 3.7 Placement of Items on the Agenda Items are proposed for the agenda by staff based on the submittal of applications. The agenda shall be presented to the Board of Adjustment Chair for approval prior to publication. Items may also be placed on the agenda by the Chair or by two or more Board of Adjustment members. [The Board discussed this item on 9/24/02 and agreed to include some form of such guidelines in the procedures. The above is from the Planning and Zoning Commission procedures. The Board also discussed the related procedures for reconsideration on 1/28/03 with no resolution.] 3.8 Order of Business or Agenda The order of business shall be as follows: A. Call to order. B. Roll Call by the Secretary. C. Minutes. D. Presentation of agenda item(s). E. Petitioner/applicant presentation. 4 The recommended oath for swearing in the applicant or witnesses is as follows: 'Do you swear or affirm to speak (or tell) the truth, the whole truth and nothing but the truth". F. Questions/clarifications. G. Staff report. H. Questions to staff by Board members. I. Open public hearing. J. Ask for any applicant response/summation. K. Close public hearing. L. Ask for Board questions/further information. M. Ask for the pleasure of the Board on agenda item. N. Planning&Zoning staff update. O. Motion of adjournment. 3.9 Record of Considerations in Board Actions To ensure good communication to the applicant and others who may base decisions on Board of Adjustment actions, motions must be thorough and concise. During the vote, Board members may give the applicant some direction and may state the reasons for their vote. [This was discussed in the 8/28/01, 9/5/02 and 9/24/02 meetings with no change.] 4. MISCELLANEOUS 4.1 Conflicts of Interest Board members should not be personally involved in cases. Conflicts of Interest should be declared up-front so that the Board member can be fair, objective, and impartial. The Board of Adjustment Handbook provides guidance in this regard. 5. OFFICIAL RECORDS 5.1 Definition The official records shall include these rules and regulations, and the minutes of the Board of Adjustment,together with all findings, decisions and other official actions and records. 5.2 Files-Retention All applications and other matters coming before the Board of Adjustment shall be filed in the Planning and Zoning Department office in accordance with that department's general file system. The Planning and Zoning Department shall keep all official records as provided by the Planning and Zoning Records Retention Schedule. 5.3 Files-Distribution 5 The official records provide information to other Boards, Commission and the Council for cases where variances, appeals, or other Board of Adjustment actions are integral to development review. Accordingly, the Planning and Zoning Department will include excerpts of pertinent minutes and any other necessary official records as attachments to the staff reports to these bodies. 6. RULES AND AMENDMENTS 6.1 Amendment Procedure Amendments to these rules may be made by the Board of Adjustment and approved by the Town Council provided any such amendment is proposed at the preceding meeting, or is submitted in writing at a prior meeting of the Board of Adjustment, and is recorded in the minutes of such meeting or meetings. Amendments adopted as above shall become effective at the next regular meeting of the Board of Adjustment. APPROVED by the Board of Adjustment this day of ,2004. ?, Chairman APPROVED by the Oro Valley Town Council this day of ,2004. Paul H. Loomis,Mayor 6 Desirable Attributes of Board of Adjustment Members See also"The Role of and Qualifications for the Board of Adjustment"in the appendices. • An interest in zoning and planning and a willingness to learn about them. • Time enough to learn about the business of the board and to prepare for meetings and hearings. • An open,impartial, and orderly mind. • Honesty and fairness. • The ability to envision and consider the long-term effects of a decision and to put them ahead of any short-term changes. • The ability to put the public good above the welfare of individual applicants when making your decisions. • The ability to be articulate at public meetings and hearings. • A commitment to enforce the zoning laws as they are, and not let your disagreement with parts of them sway your decisions. • A commitment to work for the improvement of the zoning ordinance. 7 Performance Criteria As a prospective member, attend a couple of meetings and hearings before you are sworn in. Then ask yourself these questions as if you had been a member. Ask them again periodically after you have taken your seat on the board: • How well do we work together? • Do we have a clear understanding of our role? • How effective is the chairperson? • Do we encourage the discussion of issues and welcome new information? • Do we talk to the staff as well as to each other? • Do some members dominate the meetings? • Are we well-informed and ready to make decisions promptly? • Do we make good use of the support and advice that is available? • Are we attentive to the obligations of our quasi-judicial role? • Do we make clear, comprehensible motions with well-thought out stipulations? 8 RULES AND PROCEDURES MAY 22, 2001 BOARD OF ADJUSTMENT The following is a summary of the recommended rules and procedures for the Board of Adjustment: (as discussed at several special sessions and at the Board of Adjustment meeting of February 27,2001 and May 22, 2001.) "Summary of Recommended Rules and Procedures for the Board of Adjustment". 1. Staff Duties: Clerk's Office • mail materials, take minutes, schedule meetings Make room arrangements, s and contact the -7 g Board regarding attendance and schedule. • Notify the Board through the Clerk's office by the 10th of each month, if a meeting will or will not be held. Board members are to notify staff of inability to attend a meeting. Planning and Zoning Staff • Serves as primary contact for agenda issues, develops agenda and any revisions with direction of the chair. • • Notify all surrounding property owners and be consistent with the Oro Valley Zoning Code. • Coordinate all necessary reports/materials/exhibits for the Board's consideration. Presentation materials need to be suitable for overhead display. • Invite all necessary staff to the Board meetings. • All materials and agenda shall be distributed to the Board by staff at least one (1) week prior to the meeting date. • A laminated card should be place at the podium identifying the 5 Criteria. • Any contact made between the staff and the applicant prior to the hearing is summarized in the staff report if it is germane or pertinent to the case. 2. Board Duties: • As outlined in Article 1-7 of the Zoning Code and as specified in the Board of Adjustment -— •` I l manual. 3. The Applicant: • The application materials shall be submitted 15 working days prior to the meeting. f 6„ • The burden of proof is on the applicant and he/she should address the 5 Criteria in writing on the application. • The applicant should provide all presentation material in a format that can be shown on the hearing rooms audio-visual media and at least 8 copies should be provided for the Board and the clerk and staff. The applicant should not be allowed to approach the dais to show and discuss items individually with Board members. • The applicant should submit in writing the fact that they are requesting a variance for more 6{ then one(1) issue, if applicable. 1 4. Board Meetings: • The Board should stay focused and only discuss agenda issues and not discuss issues j k directly with the applicant, (especially during individual site visits. Staff recommends "b.L1 there be no discussion with the applicant except for questions of fact; if there is it needs to be presented by the member at the meeting). • All questions and comments during the meeting shall go through the Chair. 1 I • During the meeting the applicant should have the first opportunity at presenting their case �� prior to the staff report. • Staff should identify each individual variance and all the issues involved. ` c.,,, 2.(9 • It was agreed that the Board could give the applicant some direction and may state their \ • 3,ci reason(s)why they voted aye or nay. • Following specific testimony the applicant is requested to approach the 3$ Board and answer specific questions from the Board and as well as provide a summation. • Board Of Adjustment Meeting Order 1. Call to order. 2. Roll Call. 3 Minutes. 4. Presentation of agenda items(s). 5. Petitioner/applicant presentation. 6. Questions/clarifications 7. Staff report. lr- 8. Questions to staff by Board members. 9. Open public hearing 10. Ask for any applicant response/summation. 11. Close public hearing 12. Ask for Board questions/further information. 13. Ask for the pleasure of the Board on agenda item. 14. Planning &Zoning staff update. 15. Motion of adjournment. • Conflict of Interest issues should be declared up-front so that the Board member can be fair, I objective, and impartial and should not be personally involved. (It would be helpful here to ' reference materials related to conflict of interest. The Department of Commerce has a good handout.)The Board of Adjustment Handbook provides guidance in this regard. • It was suggested that a more "personal"notification letter be mailed to encourage public response 1120. and that the Board recommends to the Planning and Zoning Commission that the radius should be (00.1` increased to at least 600 or 1000 feet. vv vim''" 5. Selection and Composition of the Board of Adjustment: • The Board shall be in accordance to the outline specified in Section 5,pages 11 and 12 of — 1,1 the Board of Adjustment Handbook "Desirable Attributes of Board Member." • An "objective"evaluation process of a board members performance would be desirable �.. 2� and perhaps serve as a guideline for the Town Council, as recommended on page 14, Section 5 of the Board of Adjustment Manual. • The process to replace or re-appoint Board members shall begin by May 151 for new terms -.-Z- that commence on July 1st. 2 6. Relationship with other Boards/Commission/Council: • It was agreed that the Board of Adjustment minutes or excerpts regarding issues should be _ 4.5 distributed to the Boards, Commissions and Council by staff in a timely fashion. • To insure communication the Board of Adjustment motions must be thorough and precise. - 9 v-� 7. Swearing in the Applicant • It was the consensus of the Board that the recommended oath for swearing in the applicant or _ 353!witnesses be used and stated as follows: "Do you swear or affirm to speak (or tell) the truth, the t ("— whole truth and nothing but the truth". L (Approved by the Board of Adjustment 05/22/01) 3 AGENDA ORO VALLEY BOARD OF ADJUSTMEN 1 REGULAR SESSION July 27, 2004 Oro Valley Town Hall Council Chambers 11,000 N. La Canada Drive CALL TO ORDER: at or after 3:00 p.m. ROLL CALL MINUTES Approval of the Minutes of April 27,2004 AT THE CALL OF THE CHAIR, THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED APPROPRIATE. PUBLIC HEARINGS: 1. Case No. OV10-04-03 Mark Lewis (Lewis Management), 180 W. Magee Road, Suite#134, Oro Valley, AZ 85704, representing Foothills Business Park Inc., Oro Valley AZ 85737, request for variance to increase a freestanding sign size and number of allowed tenant panels. Subject property(Parcel #220-10-020B) Foothills Business Park, Oro Valley, AZ 85737. 2. Board of Adjustment Rules and Procedures 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. "Notice of Possible Quorum of the Oro Valley Town Council: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-2 of the Oro Valley Town Code, a majority of the Town Council may attend the above referenced meeting as a member of the audience only." Posted:7/22/04 4:50 p.m. Ih • MINUTES Page 1 of 6 �, `; �� er»� '"R ' s�`'� fAr @9 _c- �"�:r Town of Oro Valley, Aizo MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR MEETING JULY 27,2004 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE CALLTO ORDER at 3:01 p.m. ROLL CALL: Bart Schannep, Chair Bill Adler, Vice Chair Colleen Kessler, Member Matt Adamson, Member EXCUSED: John Hickey, Member MINUTES MOTION: Vice Chair Adler moved to APPROVE the minutes of April 27, 2004 as presented. Member Kessler SECONDED the motion. Motion carried, 4-0. Vice Chair Adler reported that he had briefly spoken with Mark Lewis, the Association Manager for the Foothills Business Park , by telephone prior to him filing the application for a variance to the Board of Adjustment. He explained that the conversation was directed towards procedural matters, so he did not see any conflict or impropriety on his part that would compromise his ability to be impartial to this case. 1. CASE NO. OV10-04-03 MARK LEWIS (LEWIS MANAGEMENT), 180 WEST MAGEE ROAD, SUITE #134, ORO VALLEY, ARIZONA 85704,REPRESENTING FOOTHILLS BUSINESS PARK INC., ORO VALLEY ARIZONA 85737,REQUEST FOR VARIANCE TO INCREASE A FREESTANDING SIGN SIZE AND NUMBER OF ALLOWED TENANT PANELS. SUBJECT PROPERTY(PARCEL #220-10-020B) FOOTHILLS BUSINESS PARK, ORO VALLEY,ARIZONA 85737 . Chair Schannep swore in the witness that was intending to testify. Mark Lewis, Association Manager for the Foothills Business Park, Inc., explained that the owners desired to replace an existing freestanding sign at the entrance to the business park, with a modified freestanding sign allowing a safer and more effective sign. He explained that the Association was not certain if they were asking for one (1) or two (2)variances for the following reasons: http://www.townoforovalley.com/TownHall/Meetings/BOA/Minutes/072704 boa minut... 10/13/2004 MINUTES Page 2 of 6 • Town Code only allowed for a 50 foot sign and the modification of the existing monument would total 55 square feet. • If the Town decided the monument was part of the sign, the applicant would need to seek a variance for the size of the sign. • A second variance would be necessary to allow 10 sign panels as opposed to the 6 permitted under the Zoning Code. Vice Chair Adler referenced the term"Anchor Tenants" in the Town Zoning Code and its description of a freestanding sign and tenant uses. He explained that even though the Sign Code was not explicit in differentiating between a retail center and a business park, it seemed clear to him that the intent of a freestanding sign in the Code was intended to be applied to a retail center. He explained that the term "anchor" suggests that a store or stores will attract volumes of traffic to the center; therefore, this would not apply to a business park. In response to questions from Vice Chair Adler,Mr. Lewis agreed that there was nothing in the Sign Code that specifically implied that this was the right approach,but he felt there was nothing in the code description that identified other alternatives. He explained that as far as the substantial property rights were concerned, the tenant identification information was necessary to assist the public to effectively display the number of businesses within the business park and also direct traffic flow to allow people to get in and out of the complex safely. He explained that the Association was not attempting to use the sign for advertising but to identify the Business Park and tenants in a more effective and efficient manner. Chair Schannep suggested dismantling the existing monument and erecting a sign that would fit within the Sign Code. Mr. Lewis explained that the complex was currently known as a business park and the combination of advertising as a business park and showing what the particular businesses were within the complex was the magic formula. He explained that without the "Foothills Business Park"identification, the sign would not have sufficient explanation or identification. He added that the expense to deconstruct the monument would be costly and pointed out that he was unsure who owned the monument. Dee Widero, Senior Zoning Inspector reported that the Town did have a lease agreement for the sign with the owners and the applicant did have the right to keep the sign. Patty Hayes, Zoning Inspector, reviewed the staff report. She explained that the applicant was requesting a variance to the allowed square footage and number of tenant panels for a freestanding sign per the Oro Valley Sign Code (OVZCR) Chapter 12, Section 5 F. She reported that the current code allows for a 50 square foot sign with six tenant panels and the applicant was requesting an 88 square foot sign with 10 tenant panels. She explained that the existing sign was 5 feet and 6 inches in height and 10 feet in width, a total 55 square feet. She said the proposed plan would keep the existing base unchanged. The variance request was to increase the double faced cabinet 6 feet in height to 8 feet in width,totaling 48 square feet and the enlarged cabinet would provide a maximum of 10 tenant panels. Vice Chair Adler suggested installing a freestanding sign that only displayed the company name located at the entrance to the commercial complex opposite the monument sign. He stated that this would be within the Sign Code requirements and would not require a variance. He said that the freestanding sign could have the tenants name etched into the face of it and the illumination of that sign would be determined by Development Review Board. He explained that the sign would still require a variance to the number of tenant names, but not to the overall size. He stated that he would object to a larger size http://www.townoforovalley.com/TownHall/Meetings/BOA/Minutes/072704_boa_minut... 10/13/2004 ' MINUTES Page 3 of 6 sign because this was an alternative that was allowed by Code. He commented that the sign code allows both a monument sign and a freestanding sign at a single location. Allowing one does not preclude the approval of the second. He stated that the sign code makes it clear the difference between the two signs is principally that a monument sign is for identification of the project, and the free standing sign is for tenant identification. Chair Schannep opened the public hearing and swore in the witnesses that were intending to testify. Richard Lukso, 5610 Via Arbolada, stated that the sign would provide the Arizona Storage facility and Tri-Cities with better advertising and it would address some of the safety issues surrounding the area, as well as provide directional assistance into the park. Nancy Wood, 10880 North Mavinee Drive , stated the sign would provide better identification and would be aesthetically pleasing and provide adequate direction within the park. Mark Lewis asked for clarification as to whether or not the applicant was asking for one (1) variance or two (2). He explained that the Association was definitely looking to increase the number of panels for the sign from six to ten. He explained that this was a very unique set of circumstances that couldn't conceivably be repeated because the Town Zoning Code had been updated to require that all future developments have a master sign package plan that reveal all of the issues up front. Chair Schannep closed the public hearing. Vice Chair Adler stated that he was not convinced that the tenant identification on the business park was imperative,but was prepared to make an exception to the Code as far as the number of tenants identification was concerned,but not to the overall size. He reiterated that his remedy would be to erect a separate sign for identification of the businesses only and the applicant would work out with the Development Review Board the location, illumination and positioning of the size. Member Kessler expressed concern with taking the sign off the monument all together because the monument was situated so close to the ground that it might not be easily seen by the public. Mark Langlitz, Town Attorney reported that there was nothing in the Zoning Code that precludes a business commercial area from having a monument sign and a freestanding sign. He added that there was nothing that prohibits the freestanding sign from being coupled with the monument sign. He explained that it was an entirely reasonable interpretation for the square footage to apply to the signage and not the monument. Vice Chair Adler stated that coupling the freestanding sign and the monument sign that to combine the two (2) the entire project would become a single sign that would exceed the total area allowed in the code in his opinion. Mr. Langlitz disagreed and stated that in the opinion of the Town Attorney it did not. He explained that it was two (2) distinct signs and there was no problem with the signage being mounted on the monument sign and did not make the entire signage exceed the requirements. He explained that as long as the signage itself was within the 50 square feet a variance was not necessary. Chair Schannep stated that he would accept the Town Attorney's interpretation and should assumed as a Board that the sign mounted to the monument does not create a gigantic sign,but in fact is acceptable as two (2)units attached. So,he said the question was the acceptance of ten(10)panels versus six (6) httn•//www tnwnnfnrnvallev.com/TownHall/MeetingsBOA/Minutes/072704 boa_minut... 10/13/2004 . . MINUTES Page 4 of 6 panels. MOTION: Vice Chair Adler moved to APPROVE a variance to allow the number of tenants from six (6) to ten(10) only, subject to Development Review Board approval of the design, and subject to the total area of the sign not exceeding code requirements. Member Kessler SECONDED the motion. Discussion: Member Kessler thought that this was the correct way of looking at the sign because the monument alone without the sign would hardly be seen and vise versa. She stated that for the convenience of the public and to identify the businesses, the combination of the two (2) signs was the appropriate thing to do for identification and as a directory for each business. ROLL CALL VOTE Chair Schannep—aye Vice Chair Adler—aye Member Kessler—aye Member Adamson—aye Motion carried, 4-0. 2. BOARD OF ADJUSTMENT RULES AND PROCEDURES Chair Schannep explained that a year ago the Board decided to try a rotating chair and vice chair to give each member the opportunity to serve as chair and vice chair. He reported that the term for the rotation has expired and the Board needed to determine whether or not to keep the procedure in place. He opened the floor for discussion. Chair Schannep stated that it was definitely a good experience and hoped the Board would continue with this procedure. Member Adamson stated that he would be in favor of continuing the rotating chair policy. Member Kessler agreed that it was a good policy and a wonderful experience and felt there was no reason why it should be limited to one (1)person for the entire year. Vice Chair Adler stated that he was in favor of the rotation and the procedure has been incorporated in the summary of rules and procedures for adoption. MOTION: Member Kessler moved to continue the rotation for chair and vice chair for another year. Member Adamson seconded the motion. Motion carried, 4-0. Vice Chair Adler stated that he was not comfortable in precluding Member Hickey's participation in the review of the rules and procedures. He added that he was not sure if Member Adamson had an opportunity to review all of the information provided to him. Therefore, he suggested waiting until all of the Board members were present. Bryant Nodine, the Planning and Zoning Administrator , agreed and recommended that the Board table http://www.townoforovalley.com/TownHall/Meetings/BOA/Minutes/072704 boa minut... 10/13/2004 . MINUTES Page 5 of 6 this item for review at next month's meeting. MOTION: Vice Chair Adler directed staff to place this item on the next regularly schedule meeting so that there will be a full Board in attendance. He added that if there was not a regular scheduled meeting, a meeting should be held no later than September, and if there was no scheduled hearing, a special session should be called to handle this matter. Motion failed for lack of a second. MOTION: Member Kessler moved to TABLE the Board of Adjustment Rules and Procedures review for the August meeting. Member Adamson SECONDED the motion. Motion carried, 4-0. PLANNING AND ZONING UPDATE Bryant Nodine, Planning and Zoning Administrator, gave a brief status report of upcoming work plans and projects. Work Plans: • Commercial Code update. • The General Plan update. • Letter of notification for development projects. • The review procedures for the Development Review Board. • The Environmental Land Ordinance. Commercial Projects: • Steam Pump Ranch. • Steam Pump Village . • Oracle Crossing development. • Vestar Project. • Ritz Carlton . • Naranja Town Site. ADJOURNMENT Chair Schannep adjourned the meeting at 4:21 p.m. Respectfully submitted, Linda Hersha, Secretary II Visitors. -Mayor & Council -Town Departments - License._& Permits - Recreation.&....Culture - Employment - Library - Public Safety -Transportation - Utility Services - Court Services - Em_ergency Services http://www.townoforovalley.com/TownHall/Meetings/BOA/Minutes/072704_boa_minut... 10/13/2004 MINUTES Page 6 of 6 Site Index (text menu) HOME PAGE http://www.townoforovalley.com/TownHall/MeetingsBOA/Minutes/072704_boa_minut... 10/13/2004