HomeMy WebLinkAboutOV100013 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 25, 2000, 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:
OV10-00-13: ARCOS ARCHITECTURE & PLANNING
(REPRESENTING LEXIMAR LLC, MAUEL DADEA), FOR
EL CONQUISTADOR EXECUTIVE PLAZA REQUEST
FOR A VARIANCE TO PLACE A SECOND ENTRY —WAY
SIGN ON THE SOUTHWEST CORNER OF ORACLE ROAD
AND GREENOCK DRIVE. (OVZCR SEC 12- 502.C.7).
SUBJECT PROPERTY: 10195 N. ORACLE ROAD, ORO
VALLEY,AZ 85737.
Manuel Gadea of Leximar L.L.C. feels that the location of the existing sign is below grade of
Oracle Road and does not adequately allow visibility to their business. Also with the location &
angle (in order to work with the project design and landscape) of the existing sign, along with
sharing an entrance with Claire Bridge the existing sign is not visible to south bound traffic.
Sign site plans are 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. Any person seeking further information on this
request for a variance may contact Dee Widero at 229-4812.
Bryan .Nodine, P
Planning and Zoning Administrator
F:\ov\ovi0\2000\10-00-13\NOTICE.doc
POSTED: dm
DATE: July 30th, 2000
TIME: 4: 30 p.m.
ORO VALLEY PLANNING AND ZONING DIVISION
BOARD OF ADJUSTMENT REPORT
CASE NO: OV10-00-13
Hearing Date: July 25, 2000
Agenda Item No.: 4
Prepared By: Dee Widero, Senior Zoning Inspector
REQUEST: ARCOS ARCHITECTURE & PLANNING (REPRESENTING LEXIMAR
LLC, MANUEL GADEA) FOR EL CONQUISTADOR EXECUTIVE
PLAZA, REQUEST FOR A VARIANCE TO RELOCATE THE
EXISTING ENTRYWAY SIGN FROM THE SOUTHEAST CORNER OF
SUBJECT PROPERTY TO THE SOUTHWEST CORNER OF ORACLE
ROAD AND GREENOCK DRIVE (OVZCR SEC. 12-502.B.2, 12-502-B.4 &
12-502.B.7) AND REDUCE THE SETBACK FROM 5' TO 1'8".
LOCATED AT 10195 N. ORACLE ROAD,ORO VALLEY,AZ 85737.
REQUEST SPECIFICS:
Arcos Architecture for the El Conquistador Executive Plaza,request for a variance to relocate the
entryway sign to the northwest corner of the property, and reduce the setback from the allowed
5' to l'8". The OVZCR Sec. 12-502.B.2 requires the sign shall be located at the entrance, Sec.
12-502.B.4 the setback to be a minimum of 5' from property line, and Sec. 12-502.B.7 only one
sign permitted per street frontage. Arcos Architecture is requesting a variance;Their reasons are
as follows:
1. Lack of visibility limiting referrals and admissions contributing to financial
difficulties.
2. Subject property is located below grade from Oracle Road. The existing sign is
obstructed from view by vegetation.
3. The site is located on a curve of Oracle Road and the speed limit is 50 mph. This
combination creates a hazard to southbound travelers who must locate the site,
slow down, and turn safely.
SITE LOCATION:
El Conquistador Executive Plaza is located at 10195 N. Oracle Road. South of Greenock Drive
on the west side of Oracle Road as shown on the attached location map.
NOTIFICATION:
All property owners within 300 feet of this property have been notified of this hearing. The
property has been posted with a Notice of Hearing and the Hearing Notice has been advertised in
the Daily Territorial newspaper. At the time of report preparation, staff has received three phone
calls with questions and two walk-in visits to review site plan; comments have not been in
support of this request.
SITE ANALYSIS:
El Conquistador Executive Plaza is a 2.39-acre parcel located south of Greenock Drive on the
west side of Oracle Road. The property is between 7 and 10 feet below the existing grade of
Oracle Road. The subject property is abutted to the south by the Clare Bridge facility, Oro
Valley Townhouses complex to the west, and Oracle Road on the east. The Rockridge
Apartments are located north of the site. The right-of-way width of Oracle Road in this area is
300 feet.
PLAN ANALYSIS:
The applicant is proposing to relocate the existing entryway sign and reduce the required setback
requirements.
SUMMARY:
The following finding facts exist:
• Because of the topography or below level grade, special conditions do exist.
• The owner or applicant did not create the condition.
• A variance to increase the height of Clare Bridge sign (next property to the south) was
granted in 1999.
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.
2
w
.
SUGGESTED MOTIONS:
The Board may wish to consider the following motions:
I move to approve OV 10-00-13,a request to relocate existing sign and reduce setbacks from 5' to
I'8".
OR
I move to approve OV 10-00-13, with the following stipulations to meet the intent of applicable
sections of the Oro Valley Zoning Code Revised:
OR
I move to deny OV 10-00-13, finding that: .
ATTACHMENTS:
1. BOA application
2. Site plan
3. Location map
4. Code references
F:\OV\OV 10\2000\10-00-13\boarpt.doc
3
' 4A` TOWN OF ORO VALLEY
Q°0 1 k
PLANNING & ZONING DIVISION
tiott11,000 N.LA CANADA DRIVE,ORO VALLEY AZ 85737
Phone: (520)797-9797 Fax: (520)742-1022
BOARD OF ADJUSTMENT APPLICATION
FOR: X Zoning Variance
Zoning Interpretation
Appeal of Administrative Decision CASE NO.: OWW o OCL 13
NATURE OF REQUEST:
On behalf of our client, Manuel Gadea of Leximar L.L.C., we are requesting variances of the Town of
Oro Valley Zoning Ordinances, Section 12-502.B.2, Location of a Shopping Center(Commercial Complex)
Entry-Way Sign, and Section 12-502.B.4, Setback of a Shopping Center(Commercial Complex)Entry-Way
Sign.
We are requesting that the location of the allowed Entry-way sign at the Northwest corner of the
property be relocated to the Northeast corner of the property as shown in the attached drawings. We are also
requesting that the required 5'-0" sign setback be reduced to l'-8", so that we will be able to place it on top of
the existing retention area wall.
APPLICANT: Arcos Architecture and Plannin
PHONEIFAXi (520)887-5298 / (520)887-5697
ADDRESS: 698_ East__Wetmore Road, Suite 420, Tucson, AZ. 85705
OWNER: - Mauiuel Gaged, Lexiniar L,L,C.
ADDRESS: _ 4240 No
PARCEL NUMBER: 224-33-1360
PROPERTY LOCATION/ADDRESS: 10195 North Oracle Road, Oro Valley, Az. 85737
LEGAL DESCRIPTION: A portion of Block 1 , Horizon Heights, recorded at book 15,
ACREAGE: 2.39 Acres ) CURRENT ZONING: APPLICABLE FEE:
ATTACIIMFNT 1 t Legal Desc.: page 84, Pima County Book of Maps & Pl. _
located in Section13, T-12SS R-15E, G&SRM.
Please see Transmittal for complete list of attachments.
George P, Sieu, Arcos Architecture
SIGNATURE OF APPLICANT (AND ALSO PRINT NAME) DATE
F VOMTh J ORMS'MA.V P.a'
SUPPLEMENTAL QUESTIONS FORAPPLICATION FOR A
VAR"
AR .N CE
I Identify difficulties or problems that would result from complying with the present zoning requirements.
Please see attached sheet.
2. Identify and explain All unique and pec„liar circumstances that would prevent .o.. complying t t
--- • ----- T-----•� Y j'v:= from with the
r
present zoning requirements men/s on•�r ��� erty ie�re— to the following e s I i�
v---c your bie`t,:v}oa.t e j ""•f L�il�to areas(slop,-,ii�i1 f oi"��iJ►� �t►�LW VY,LIGJ7,
:r''Q'�Mt,t^T�{..,.� tor-�4=rri washes, - a:..� ._ .
• gu• .agape, cation, vegetation and easements,etc.).
Please see attached sheet.
3. Identify and explain any peculiar conditions in the surrounding. area, which would keep you from complying
with the present Toning requirt',.*Z'`...nts,
Please see attached sheet.
ADDITIONAL INFORMATION:
4. PROV t3E'i,FEE FOLLOWING!
The most current available W. of property owners from the Pi_a County Assessor's Office and the date such
list was obtained_
l 3 copies of dimensioned plot plan, if applicable
1 c pies of ditrpnciglnert floor plan,if applicable
13 copies of V building elevations if Applicable
An estimate of the incremental cost of the charge 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.
m.,.w .,,max ► , ,�.._ ..:,,� pro,. .. �..m,.,,,�"emuf1 S e c u i i t y enhanced d o c n n,e n i. See back o r details. E1 t.: .m . se' _ n.o. . ,� .. ,,.,.,._,„
LEXIMAR, LLC
1033
4240 N.VIA ENTRADA HERMOSA
TUCSON,AZ 85718 91-532/1221
DATE 7/5/00
3
PAY
ORDER OF Town of Oro Valley J 200 . 00
*********Two *J[***7> 7C*lc*******7c 7C****'*7C*7C*** .,ecur:N ea ores
Hundred and 00/100 DOLLARS acEi n:, HkQ
— — National Bank
OF AFILONA
3611 N.Campbell Avenue Tucson,AZ 85719
FOR Plan Check Fee -�
u°00 LO 3 30 2 LO 5 3 201: 00 300 161700
••.._. ..... .. ••.,.. .. ..r. .. . ,a ..n=.'rr�T..utw. enr„i.armw. e+u ri,vm.. ..
Date: July 05, 2000
Job No.: 9804
Town of Oro Valley
11000 North LaCanada Drive
Oro Valley, Arizona 85737
Attn.: Dee Widero
Senior Zoning Inspector
Re: Request for Variance for a Shopping Center (Commercial Complex)
Enrty-Way Sign at El Conquistador Plaza
B9901909
OV12-98-8
Please find attached the following items for your review and comment:
Cover Letter,
Board of Adjustment Application including the Supplemental Question Form,
Pima County Assessor's List of Property Owners within 300' of the project,
13 copies of the Site Plan with enlarged Wall Plan and Wall Elevation
13 copies of the revised Landscape Plan at the Requested Entry-Way sign,
Cost Estimate
Color Scheme
Check for the Fee
If you require further information or clarification, please call.
Copy to: file
Signed:
Ravindra Bhat
t070500a.wps
JUL-U5-2ibU 14:44 r.ed
•
•
CONSTRUCTION COMPANY, INC 140 S. EUCLID TUCSON, ARIZONA 85719 520-882-4800 LIC.U70263
• Yt:
05-Jul4000,•
Mr.Manuel Gadea
• • Leximar.,LLC
• '424.0 N:Via Entrade Hermosa
:Tucson;.Arizona 85718
•
Dear Manuel.
+ :r ;.We'propose to do the following work as listed below for
•
'. thesum of- 'Three Thousand Nine Hundred Fifty-Eight Dollars $3,958.00
Work•to be included:Provide materials and labor to construct a masonry/stucco sign wall per faxed
drawings recieved by BF!Construction on June 29,2000.
Incerely,.
.�
';DOUG:GASCA.: .
Estimator/Project Manager
•
•
•
.. •:Br • _.. DATE:
,
•
• •
•
•
TOTAL P.02
ARCOS architecture and planning
698 E. Wetmore, suite 420
Tucson, AZ. 85705
Tel. (520) 887-5298
Fax. (520) 887-5697
ENTRY-WAY SIGN COLORS FOR
EL CONQUISTADOR EXECUTIVE PLAZA
10195 North Oracle Road
Oro Valley, Arizona
85737
PIER CAPS:
MALAYSIA BEIGE, DUNN-
EDWARDS, DE 3044
•
SPLIT-FACED MASONRY PIER:
COCO MOCHA, DUNN-
EDWARDS, DE Q3-20 D
EXISTING RETENTION
BASIN AND SIGN WALL
COLOR:
ADOBE SOUTH, DUNN-
EDWARDS, SP 172
RAUL REYES,A.I.A. ` 10 v,v v,vC
?R' ITURE
and PLANNING I�
• ■ ■ ■ ■ • ■ ■
June 28, 2000
Town of Oro Valley
Planning Department
11000 North La Canada Drive
Oro Valley,Arizona 85737
Attn: Dee Widero
Senior Zoning Inspector
Re: Variance of a Shopping Center(Commercial Complex)Entry-Way Sign at
El Conquistador Executive Plaza
10195 North Oracle Road
Oro Valley,Arizona 85737
B9901909
OV 12-98-8
Dee,
Our research into the possibility of relocating one of the two allowed Entry-Way signs for
the above mentioned project, has determined that the relocation of the sign would benefit the
surrounding community as well as the tenants and customers of the building.
The circumstances that have led us to this request are due to the conditions at the site. These
site conditions are as follows:
1. The project vehicular access is shared at both locations with the Alzheimer's
facility to the South. These-access locations were set as part of their Development Plan(the
Alzheimer's facility)and inherited by the property owner and developer of El Conquistador
Executive Plaza.
2. The natural site grade at the approximate center of the building is approximately
ten feet below the street level of Oracle Road. The low siting of the building in combination
with the landscaping to be installed will obscure the street presence of the building from
Oracle Road.
3. The site is located along a curve of Oracle Road.
4. The speed limit in front of the site for Oracle Road is 50 mph.
This combination of site conditions (shape,topography, location, and surroundings)create a
unique situation where the relocation of one of the two allowed Entry signs will provide greatly
improved building visibility for vehicular travelers south bound on Oracle Road. This improved
visibility also provides improved safety.
• ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ • ■ ■ ■ ■ ■
698 E. WETMORE, SUITE 420 TUCSON, AZ 85705 TEL 520-887-5298 FAX 520-887-5697
■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
If the sign were not relocated, South bound travelers would not see any commercial complex
identification signage if at all (the orientation of the signage being for North bound travelers)until
they were already past the Oracle Road access at the Southeast corner of the property. To get back
to the building,the traveler would have to make a'U'turn on Oracle Road and go back North to
Greenock Drive. At that point the driver could choose to make another'U'turn to get to the
Southeast entrance, or make a safer left turn to get to the Northwest entrance. This would increase
traffic on Greenock Drive.
The Entry sign at its proposed relocation would look very similar to the sign at the Southeast
entrance. The only difference between the two is the curve of the wall. The curve of the relocated
sign is of a larger radius because it will be built on top of the existing retention basin wall. The sign
will be supported and framed by two split-faced masonry piers. The sign wall itself will be
constructed of masonry and stuccoed,the texture to match the building. The elements of the sign
will be painted with colors that will be used on the building.
Directly behind the sign is the retention basin. The basin is landscaped with trees to make it
look'less' like a retention basin. Having the sign on the street side of the retention basin will help to
block a person's view of the basin. The backdrop of the trees in the basin and the proposed
landscaping in front of the sign will also draw visual attention away from the retention basin.
The signage with the landscaping would enhance not only the view of the retention basin,
but also finish off the entry experience that was begun on the Northwest corner of Oracle Road and
Greenock Drive by others. Although the design elements will not be the same, relocating the Entry-
way sign will provide a balance to the existing monument sign on the Northwest corner.
Thank you for your time and consideration in this matter. If you require further information or
clarification,please contact our office.
Thank you,
Ravindra Bhat.
cc Manuel Gadea, Leximar,L.L.C.
file
L062800A.WPD
2
SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE
1. Identify difficulties or problems that would result from complying with the present Zoning
requirements.
Locating the Entry-Way sign as required by the Zoning Ordinance, at the Northwest entry,
places the sign at a location that will not allow the sign to function as intended, as an
identification device to aid people trying to locate the building. The sign placed as required
by the Zoning Ordinance along Greenock Drive, will not be seen by motorists until they are
past the entrance and into the residential area to the West of the project.
2. Identify and explain all unique and peculiar circumstances that would prevent you from
complying with the present zoning requirements on your property in regard to the following
areas(slope, narrowness, shallowness, irregular shape, location,washes,vegetation and
easements, etc.)
The unique conditions of the site include its shape,topography, location, and surroundings.
These conditions effect the project in the following manner:
1. The project vehicular access is shared at both locations with the Alzheimer's
facility to the South. These access locations were set as part of their Development Plan and
inherited by the property owner and developer.
2. The natural site grade at the approximate center of the building is approximately
ten feet below the street level of Oracle Road. The low siting of the building in combination
with the landscaping to be installed will obscure the street presence of the building from
Oracle Road.
3. The site is located along a curve of Oracle Road.
4. The speed limit in front of the site for Oracle Road is 50 mph.
These items have been addressed in greater detail in the attached letter to Dee Widero,
Senior Zoning Inspector.
3. Identify and explain any peculiar conditions in the surrounding area, which would keep you
from complying with the present zoning requirements.
A condition of the surrounding area is that directly to the west of the project is a residential
area. The main collector street for this residential area is Greenock Drive, which is also the
Northern frontage and vehicular access for El Conquistador Executive Plaza. Relocating the
signage, as proposed, to the Southwest corner of Oracle Road and Greenock Drive will help
reduce the amount of vehicular traffic on Greenock Drive. As explained in the attached
letter to Dee Widero,the relocated signage will help to direct the people coming to use the
building's offices and services to the Oracle Road entrance.
,.
ovi 0.00.1 3
1 . ... .... I _
1 .11itik
1.•;,,m, , . .„
0, A//\/ OroVafley
A A tok. 1
• ---44 Y ; Parcels
1 1 E.,:g,
.... 4.,,-.74;iiii 6,
# 4 t A 1 I I 111 r iti
_A iillitiW t,-.44/4/
'‘ 1 ��� ''" Aei W E
0 , , Fil- \ .
sit. IIt11 i IMI`��1
imp tam, ai .4im .,,
A. .. .Obi .
:. 0 : • alkiiti s
D nes Dr
.Ferry PI 4. - �i i 1 t l l ,
N
0.3 0 0.3 0.6 Miles
Sec. 12-502 SIGNS
9. Illumination: Internal (provided only characters emit light, or pan channel), or a combination
thereof(See Sec. 12-402, Lighting and Movement).
B. Shopping Center(Commercial Complex) Entry-Way Sign
1. Description: Signs which identify, by name and address, the entrance to any shopping
center or commercial development ten (10) acres or greater in size. Names of anchor
tenants may also appear,within the permitted sign area.
2. Location: The sign shall be located at the main entrance of the center and shall be so
placed as not to interfere with traffic in anyway, or to present a traffic hazard.
3. Landscaping: The sign shall be placed in a landscaped setting either on the ground or in
raised planters constructed as an integral part of the sign structure. Said landscape
treatment shall extend three (3) feet from the sign base on all sides, if double-faced. For
single-faced signs, the landscape treatment must extend a minimum of three(3)feet in front,
and to sides, of the sign structure.
4. Setbacks: Five(5)foot minimum from property line.
5. Area of sign: Fifty (50)square feet maximum.
6. Height: Six(6)feet above grade.
7. Quantity: Each commercial complex shall be permitted one sign per street frontage, to be
located at the main entrance into the center. If any one street frontage exceeds 1,500 feet in
lineal dimension, a second sign on that frontage may be permitted, for a maximum of three
(3)such signs per complex.
8. Form: freestanding, monolith-type, may be double-faced. An entry-way sign shall contain
the name of the commercial complex and a maximum of four anchor tenants.
9. Illumination: Direct, internal, provided only characters emit light, halo-illumination, or a
combination thereof(See Sec. 12-402, Lighting and Movement).
C. Freestanding Business Entry-Way Sign
1. Description: Signs which identify, by name, the entrance to a single, freestanding business
and churches. Not associated with a commercial complex by ownership or access points.
Said signs shall be so placed as to not interfere with traffic in any way, or to present a traffic
hazard. Churches and theaters may have change panels on their signs.
2. Location: The sign shall be located at the main entrance to the business.
3. Landscaping: The sign shall be placed in a landscaped setting, either on the ground or in
raised planters constructed as an integral part of the sign structure. Said landscape
treatment must extend three (3) feet from the sign base on all sides, if double-faced. For
single-faced signs, the landscape treatment must extend a minimum of three (3) feet from
the base of the sign face and three(3)feet on each end.
Oro Valley Zoning Code Revised (Rev.6/99)
12- 14
ORO VALLEY TOWNHOME IMPROVEMENT ASSOCIATION
15 Valle Place, OroValley,Az. 85737
(520) 742-7699
July 25, 2000
Oro Valley Board of Adjustment
11000.N. LaCanada
Oro Valley,Az. 85737
Gentlemen:
As a homeowner and President of OVTIA, I object to putting a sign at Oracle& Greenock. I feel it will
increase traffic on Greenock and cause accidents at ElConquistador Plaza's rear entrance. If the sign is
permitted, people will miss the rear entrance and when they realize that,they will use our Townhouse
entrance to make a U turn In addition,there is the noise factor.
The Alterra sign is on Oracle only and is plainly visible for both north and sound bound traffic. Once the
debris is removed from the front of ElConquistador Plaza, their sign would be visible also.
As it is now,the structure is at maximum height and a sore point in the neighborhood.
Thank you for your consideration.
Sincerely,
01/4
Otto J. Putz,' resident
Oro Valley Townhouse Improvement Association
e-mail BGPtuc@juno.com Fax. (520)742-0378
Juno e-mail printed Sat, 22 Jul 2000 10:01:44 , page 1
From: (Leon Stevens)
To:
Date: Sat, 22 Jul 2000 10:09:49 -0400 (EDT)
Subject: Sign
Oro Valley Board of Adjustment.
Re: Public hearing concerning request by Manuel Gadea of Leximar for a
variance to place a second entry-way sign on the S.W. corner Oracle Rd.
and Greenock Drive.
Dear Sirs:
We the undersigned are residents of the Oro Valley Townhouse complex
just off Greenock Drive. We wish to object in most strenous terms to
the proposed sign at the Southwest corner of Oracle Road and Greenock
Drive, Aside from it beng unsightly at the entrance to a residential
area and Country Club,most importantly, it will greatly increase traffic
into Greenock Drive. Thereby substantially impacting, in an adverse
manner, upon the lives of all residents - including numerous children
and many elderly. Obviously, this will include an increased threat to
their safety. Therefore, we specifically request that this proposal be
totally rejected.
Respectfully,
Leon B. and Lydia Bruce Stevens
Oro Valley, Az.
JUno a-mem p1 II KCii vtJI vu •••••• -- _._ - ,
From: "Harry Burdick" <hburdick c(marion.net>
To: "Otto J Putz" <
Date: Sun, 23 Jul 2000 19:51:53 -0400
Subject: Re: Tuesday hearing
To Oro Valley Board of Adjustment:
As a homeowner in the Oro Valley Townhomes, I wish to express my strong
objections to the proposed changes to the use of the service road as a
driveway and the increased signage.This will adversely effect the
neighborhood with increased traffic, noise, and the potential for traffic accidents. The builder accepted the shared driveway with Clare Bridge (/4LTER
Health
Care Home as part of the building permit. They should not be permitted to
change the building plan now.
As it is, the builders changed the topography of the site by adding dirt
to
build up the elevation by several feet before building their structure,
and
in doing so, have caused visual obstructions. This also has created a
potential for flooding into the adjacent town houses.
Please do not allow any more disruption of the residential neighborhood.
Thank you.
Sincerely,
Lurline McQuillin
19
Oro Valley, AZ 85737
Juno e-mail printed Tue, 25 Jul 2000 08:27:59 , page 1
From: Melissa <
Date: Mon, 24 Jul 2000 22:10:48 -0500
Subject: Variance
Otto:
Regarding the variance for a sign for ElConquistador Plaza at the S.W.
corner of Greenock and Oracle, please relay to the Oro Valley Planning
Board that we are against such a sign as it would increase traffic and
make it dangerous for all those using the area. Thank you. Jerry and
Melissa Du!gar, 10108 N. Valle del Oro Dr., Oro Valley.
AGENDA
ORO VALLEY BOARD OF ADJUSTMENT
J U LY 25, 2000
Oro Valley Town Hall Council Chambers
11,000 N. La Canada Drive
CALL TO ORDER: 3:00 p.m.
ROLL CALL
MINUTES Approval of minutes from June 27, 2000 Hearing
AT THE CALL OF THE CHAIR,THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER,AS DEEMED APPROPRIATE.
EACH PUBLIC HEARING ON THIS AFTERNOON'S AGENDA WILL BE CONDUCTED IN THE FOLLOWING ORDER:
STAFF REPORT
PETITIONER/APPLICANT PRESENTATION
PUBLIC INPUT
PETITIONER/APPLICANT RESPONSE AND SUMMATION
PUBLIC HEARINGS:
1. OV-10-00-10 LEWIS & ROCA LLP LAWYERS, REPRESENTATIVES FOR EVERGREEN DEVCO,
REQUEST FOR VARIANCE FROM SECTION 10-004.A.1 & 10-004.A.2 OF THE ORO VALLEY
ZONING CODE REVISED TO ALLOW A SECOND CURB CUT ON TANGERINE ROAD.
SOUTHWEST CORNER OF TANGERINE AND FIRST AVENUE.
2. OV10-00-11 AT&T WIRELESS PCS SERVICES, INC. REQUEST A VARIANCE TO INCREASE
THE HEIGHT FOR A FLAG POLE/ANTENNA INSTALLATION IN A PLANNED AREA
DEVELOPMENT ZONE TO A HEIGHT OF 50'. LOCATED AT THE VISTOSO GOLF
MAINTENANCE FACILITY, 955 W. PEBBLE CREEK.
3. OV10-00-12 LANTANA CORPORATION REQUEST A VARIANCE TO THE NARANJA RANCH
PLAT. FOR THE REQUIRED FRONT & REAR YARD SETBACKS IN ZONE R-4. 11789 N. VIA DE
LA VERBENITA, LOT 97 OF NARANJA RANCH I SUBDIVISION.
4. OV10-00-13 ARCOS ARCHITECTURE & PLANNING REQUEST A VARIANCE TO PLACE A
SECOND ENTRY-WAY SIGN ON THE SOUTHWEST CORNER OF ORACLE ROAD AND
GREENOCK DRIVE. 10195 N. ORACLE ROAD.
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:
Date:
Time:
MINUTES OF THE
ORO VALLEY BOARD OF ADJUSTMENT
JULY 25, 2000
ORO VALLEY TOWN COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
CALL TO ORDER: 3:12 p.m.
ROLL CALL
PRESENT: James Swan, Chairman
Hayward Thresher, Vice Chairman
William Adler, Member
Lyra Done, Member (Arrived at 4:18 p.m.)
ABSENT: Henry Suozzi, Member
STAFF PRESENT: Bryant Nodine, Planning and Zoning Administrator
Linda Hersha, Administrative Secretary
Dan Dudley, Town Attorney
Dee Widero, Sr. Zoning Inspector
Shirley Gay, Assurances Clerk
Melissa Shaw, Planner 11
Bayer Vella, Senior Planner
MINUTES
A MOTION was made by Member Bill Adler and seconded by Vice Chairman Thresher
to approve the minutes of June 27, 2000. Motion carried 3-0.
Chairman Swan moved Item#2 forward on the agenda with Item#1 to follow.
2.OV10-00-11 AT&T WIRELESS PCS SERVICES, INC. REQUEST A
VARIANCE TO INCREASE THE HEIGHT FOR A FLAG POLE/ANTENNA
INSTALLATION IN A PLANNED AREA DEVELOPMENT ZONE TO A
HEIGHT OF 50'. LOCATED AT THE VISTOSO GOLF MAINTENANCE
FACILITY, 955 WEST PEBBLE CREEK
Bryant Nodine, Planning and Zoning Administrator explained that there were a couple of
issues surrounding the request for a variance for the height of a flagpole/cell antenna.
The issues have been discussed with the Town Attorney. One is whether this will be
classified as a major or a minor facility. He explained that if this is classified as a major
facility, staff would not be able to handle the request for variance the way it has been
presented at this time. The seconded is determining the zoning or parcel on which the
7/25/2000 Minutes,Board of Adjustment 2
facility is located. He stated that for these two reasons staff is recommending that this
item be continued until the next meeting.
MOTION: Vice Chairman Thresher MOVED to CONTINUE Item Case No. OV 10-
00-11 to the August 22nd meeting. Member Adler SECONDED the motion.
AMENDED MOTION: Chairman Swan MOVED to POSTPONE the motion until
after the petitioner has spoken. Motion SECONDED by Vice Chairman Thresher.
Motion carried 3-0.
Chairman Swan swore in the petitioner that was intending to testify.
Martha Kuenhold, Tynan Group, Representing AT&T Wireless Services stated the
following:
• The code as it is currently written is difficult to work around; it is also difficult for the
carriers to work through the code if they are not getting a clear direction on which
way to proceed.
• This request would also include a height and parking variance for a future flagpole.
Mr. Nodine reiterated that it had not been determined whether the structure was a major
or minor facility, therefore staff could not specifically create a variance.
Member Adler explained that because of the lack of information available on the subjects
discussed, the Board will be unable to make a decision at this time.
MOTION: Vice Chairman Thresher MOVED to CONTINUE Case No. OV10-00-11
to the next meeting of the Board of Adjustment on August 22nd. Member Adler
SECONDED the motion. Motion carried, 3-0.
1.OV10-00-10 LEWIS & ROCA LLP LAWYERS, REPRESENTATIVES FOR
EVERGREENS DEVCO, REQUEST FOR VARIANCE FORM SECTION 10-
004.A.1 OF THE ORO VALLEY ZONING CODE REVISED TO ALLOW A
SECOND CURB CUT ON TANGERINE ROAD. SOUTHWEST CORNER OF
TANGERINE AND FIRST AVENUE
Dee Widero, Senior Zoning Inspector, reviewed the staff report. She reported that the
applicant has requested a variance from the Tangerine Corridor Overlay District section
10-004.A. Evergreen Development would like two access points along Tangerine Road,
approximately 300 feet from one another. The easterly curb cut on Tangerine Road will
be limited to right-in/right-out only.
Staff findings of fact:
• The special circumstances would be the size of the site, and location in conjunction
with the arterial intersection of Tangerine Road and First Avenue.
• Special circumstances are due to type of development.
• Authorizing this variance will improve traffic circulation for the general public as
( •
7/25/2000 Minutes, Board of Adjustment 3
well as retail deliveries.
• Variance approval will grant special privileges
• Allowing this variance will not be materially detrimental to the surrounding vicinity.
• This will be a long-term temporary access, by the year 2015 the road and intersection
improvements must be complete.
Chairman Swan swore in the petitioner.
Keri L. Silvyn, Lewis and Roca Law Firm, representing Evergreen Devco, Inc. Ms.
Silvyn explained that the property consists of approximately 11.18 acres, zoned C-2.
Evergreen intends to develop the commercial center in two phases. Phase 1 will include
the Walgreens store, landscape, frontage improvements, curb cuts and access driveways.
The construction of the remainder of Phase 1 and Phase 2 would take place at a later date.
Evergreen is currently seeking a Conditional Use Permit(CUP) and has begun to process
a Development Plan for the property.
Ms. Silvyn explained that because of the Tangerine Overlay District, Evergreen has had
extensive conversations with the Town of Oro Valley Public Works Department and
Arizona Department of Transportation (ADOT)to discuss the number of access points
and any restrictions along Tangerine Road. Neither ADOT nor the Town had a problem
with the two access points as shown on the Development Plan.
In conclusion, she explained that the property is being developed as a cohesive
commercial center with five relatively small buildings along the perimeter of the site and
one 28,000 square foot office building. The parking and traffic circulation for each
structure are not independent of one another. The development shares parking and
circulation as one center. In order for traffic to enter and exit safely and for traffic to
maneuver within the commercial center safely, two ingress/egress points need to be
available along Tangerine. Staff has requested and Evergreen has agreed to a condition
to limit the easternmost curb cut on Tangerine to a right-in/right out only turning
movement.
Chairman Swan swore in the petitioner that was intending to testify.
Keri Silvyn and Greg Albert, representatives for Evergreen gave and overview of the site
plan.
Chairman Swan asked if the widening of Tangerine Road and First Avenue intersection
had been discussed.
Mr. Nodine explained that the Development Plan was under review in terms of any traffic
improvements and off site improvements that would be required. He explained that the
right-in/right outs have been discussed and additional lanes are being considered. The
only issue that is in question is whether there would be a left turn lane not an
acceleration/deceleration lane.
7/25/2000 Minutes,Board of Adjustment 4
Member Adler stated that he was not convinced that the access was necessary for public
safety internally or externally. He felt that this would be a detriment and not an asset.
Ms. Silvyn explained that as part of the Development Plan process, a traffic engineer was
hired to prepare an extensive traffic impact analysis for the property. She stated that the
report concludes that the Development Plan presented is a sound traffic engineering plan
for both Tangerine Road and First Avenue, particularly for public safety. She proceeded
to give an overview of the Development Plans.
Mr. Nodine explained that if this were a street without an overlay district, it would meet
all engineering standards. He explained that staff was not looking at this as being a
permanent access onto Tangerine Road and when the limited access roadway is created,
these access points will be re-directed to a frontage road.
Members Adler stated that unless the road is dramatically improved the intersection
would be very dangerous.
Ms. Silvyn explained that Evergreen was working with ADOT and the Town to create a
left-hand turn that would not be a hazard to sight visibility.
Member Adler asked if it was appropriate to approve and add conditions to the variance
before the improvements are complete and sight visibility was insured.
Dan Dudley, Town Attorney explained that as long as the applicant and the members of
the body do not appeal, anything is permissible.
Chairman Swan opened the public hearing. There being no speakers, Chairman Swan
closed the public hearing.
MOTION: Member Adler MOVED to APPROVE Case No. OV 10-00-10 as submitted
by the applicant with the following stipulations: the westerly curb cuts applied for will
not be opened for use until the improvements of Tangerine Road are completed and has
met the condition by ADOT and/or the Town Engineer. Vice Chairman Thresher
seconded the motion.
ROLL CALL VOTE
Member Adler—aye
Vice Chairman Thresher—aye
Chairman Swan—aye
Motion carried, 3-0.
•
•
7/25/2000 Minutes,Board of Adjustment 5
3. OV10-00-12 LANTANA CORPORATION REQUEST A VARIANCE TO THE
NARANJA RANCH PLAT FOR THE REQUIRED FRONT & REAR YARD
SETBACKS IN ZONE R-4. 11789 NORTH VIA DE LA VERBENITA, LOT 97 OF
NARANJA RANCH I SUBDIVISION
Dee Widero, Senior Zoning Inspector reviewed the staff report and gave an overview of
the lot using the overhead projector. She reported that the applicant is proposing to
reduce the front yard setback from 20 feet to 15 feet and the rear yard setback from 25
feet to 10 feet. Due to the shallowness of this corner lot, the approved model #2218 is the
closest fit for this lot and will need a variance approval in order to comply.
Staff finding of facts:
• The shape of lot creates special circumstances or conditions.
• The applicant or owner did not create the circumstance or condition.
• The approved model home coincides with the other homes being built for the Lantana
Corporation and in the surrounding lots of the subject property, for the preservation
and enjoyment of substantial property rights.
• The subdivision is in the final phase
Member Adler asked if it was possible that the home be re-positioned to avoid the request
for variance.
Ms. Widero stated that she did not know if this was possible or not.
Mr. Nodine added that this was the most shallow home in the subdivision.
Chairman Swan expressed his concerns regarding the lot and the extreme setbacks. He
stated that he was unsure if any home could be built on the lot.
Mr. Nodine concurred and stated that this was a very peculiar lot. He further explained
that he believed the area was originally designed to access onto Via de la Verbenita, but
the access was shifted off that road to provide a safer access onto the cul-de-sac, therefore
leaving the lot to remain the same.
Chairman Swan opened the public hearing. There being no speakers, Chairman Swan
closed the public hearing.
MOTION: Member Adler MOVED to DENY the Case No. OV10-00-12 application
for variance finding that in the absence of the petitioner's testimony, he has no reason to
believe that a home could not be designed successfully to fit the lot. It is the builder's
responsibility to design such a home to fit adequately on the lot and be in compliance
with the ordinance. Motion SECONDED by Chairman Swan.
7/25/2000 Minutes, Board of Adjustment 6
ROLL CALL VOTE
Member Adler—aye
Member Done—aye
Vice Chairman Thresher—nay
Chairman Swan—aye
Motion carried, 3-1, the request for a variance was denied, Vice Chairman Thresher
opposed.
Discussion: Vice Chairman Thresher stated that the applicant had the right to build the
home.
4. OV10-00-13 ARCOS ARCHITECTURE & PLANNING REQUEST A
VARIANCE TO RELOCATE THE EXISTING ENTRY-WAY SIGN ON THE
SOUTHWEST CORNER OF ORACLE ROAD AND GREENOCK DRIVE. 10195
NORTH ORACLE ROAD
Ms. Widero, Senior Zoning Inspector, reviewed the staff report. She reported that the
Arcos Architecture representing the El Conquistador Executive Plaza, requests a variance
to relocate the entryway sign to the northwest corner of the property, and reduce the
setback from the allowed 5 feet to 1 foot 8 inches. The OVZCR Sec. 12-502.B2 requires
the sign shall be located at the entrance, Sec. 12-502.B.4 requires the setback to be a
minimum of 5 feet from the property line, and Sec. 12-502.B.7 requires only one sign
permitted per street frontage. Arcos Architecture is requesting a variance for the
following reasons:
1. Lack of visibility limiting referrals and admissions contributing to financial
difficulties.
2. Subject property is located below grade from Oracle Road. The existing sign is
obstructed from view by vegetation.
3. The site is located on a curve of Oracle Road and the speed limit is 50 mph. This
combination creates a hazard to southbound travelers who must locate the site, slow
down, and turn safely.
Ms. Widero reported that at the time of the report preparation, staff had received three
phone calls with questions and two walk-in visits to review the site plan. Comments have
not been in support of this request.
The following findings exist:
• Because of the topography or below level grade, special conditions do exist.
• The owner of applicant did not create the condition.
• A variance to increase the height of Clare Bridge sign (next property to the south)
was granted in 1999.
Chairman Swan swore in the petitioner.
7/25/2000 Minutes,Board of Adjustment 7
Raul Reyes, 5821 East Paseo Busanic, project architect and owner of Arcos Architecture,
gave an overview of the site. He explained that moving the sign to the corner of
Greenock and Oracle would provide more visibility to better identify the project. He said
that this would also benefit the residents in the area by reducing the traffic flow.
Chairman Swan asked if the building was fully functioning at the present time.
Mr. Reyes explained that this was a brand-new building that had not opened yet, but
should be open in about one month. He explained that Arcos proposes to build an
identical sign on the new corner with an additional directional arrow located beneath the
sign.
Chairman Swan asked how many tenants would occupy the building after the completion.
Mr. Reyes explained that this was a 20,000 square foot building and the typical tenant
capacity in the market place would be about eight professional tenants.
Chairman Swan opened the public hearing.
Chairman Swan swore in the witnesses that were intending to testify.
The following citizens opposed the installation of the new sign and stated that the
structure would definitely affect the resident's privacy and increase the traffic flow in the
area.
• Laurie Stark, 10210 North Valle
• Mary Lou Thomas, 10250 North Valle del Oro
• Otto J. Putz, 46 West Oro Place
Vice Chairman Thresher asked if the additional arrow that was to be added to the new
sign would alleviate the problem.
Mr. Putz replied "no."
Bart Heins, 6841 North Skyway Drive. He explained that the developer intends to focus
on the following issues:
• Redirecting the traffic flow in the residential area
• Safety
• Profit of businesses being brought into the complex.
He proceeded to give an overview of the 2 signs to be used on the site using the overhead
projector. He explained that if the traffic flow can be directed away from Greenock, it
would help the people living behind the property and simultaneously help the businesses
and ownership groups of El Conquistador Executive Plaza.
Mr. Reyes suggested that the developer install a sign at Greenock and the alleyway
entrance to say "entrance to this project"or"no through traffic".
.
7/25/2000 Minutes,Board of Adjustment 8
Member Adler stated that a reasonable and appropriate alternative would be to install a
double faced sign at the location or an angled sign that would cover both directions rather
than having 2 signs at two different locations. He said that this compromise would not
require a variance.
Mr. Nodine explained that the purpose for taking the sign off of Greenock was to
alleviate some of the traffic flow in the area. He explained that the visibility of any sign
at this location would be weak.
Chairman Swan closed the public hearing.
Vice Chairman Thresher agreed with the idea of having an angled sign but had concerns
with the fact that if the Board denied the variance, the secondary sign would still exist.
Member Adler suggested relocating the Greenock sign to the main entrance and make it
a part of the double-face sign, therefore, combining the two signs in one location facing
both directions.
MOTION: Member Adler MOVED to DENY Case No. OV10-00-13, finding that an
alternative sign construction is possible to achieve both proper identification for the
building and to appease the concerns of the neighbors. Vice Chairman Thresher
SECONDED the motion.
Discussion: Member Adler felt that there were other alternatives for the sign
construction that would consolidate these signs into one location and believes that this
should be pursued by the applicant and by staff
Vice Chairman Thresher stated that if the request for variance was denied, the applicant
has a right to leave the sign in its current location. He did not believe that the secondary
sign would resolve the problem.
ROLL CALL VOTE
Member Adler—aye
Member Done - aye
Vice Chairman Thresher- aye
Chairman Swan—aye
Motion carried 4-0, the request for variance was denied.
PLANNING AND ZONING UPDATE
None
7/25/2000 Minutes, Board of Adjustment 9
ADJOURNMENT
MOTION: Member Done MOVED to ADJOURN the meeting at 5:20 p.m. Motion
SECONDED by Vice Chairman Thresher. Motion passed 4-0.
Respectfully Submitted,
Linda Hersha, Administrative Secretary