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rra, Right of Way Services Oro Valley Planning Staff 11000 N. La Canada Drive Oro Valley, AZ 85737 Reference: Plan Amendment Narrative for Desert Sky Properties Dear Staff: The purpose of this request is to amend the portion of the General Plan that affects the following three (3) parcels: 224-33-007A, 224-33-008A, and 224-33-011 A. We are proposing to amend the General Plan from CP (Commerce Park) to MHDR (Medium- High Density Residential). This land use designation will support the use of single-family detached development and, in addition, allow 5.1 to 10 dwelling units per acre. The current zoning of these three parcels is TP (Technological Park). All three parcels contribute to a site size of 8.35 acres. The parcel 224-33-007A is currently developed and is used as a one-story commercial office space. The remaining two parcels are undeveloped. As requested per policy of the amendment proposal, we feel that the following findings can be met: 1. The amendment, in its entirety, constitutes a benefit to the Town; and, 2. The amendment is substantially consistent with the vision, goals, and policies of the General Plan; and, 3. The amendment proposes acceptable means for mitigating any adverse impact on the community. By developing for detached single-family residential use, the proposed land use will have no severe impacts on the surrounding land uses. To the east of these parcels the zoning is R-6 (Multi-family Residential). The zoning north and west of these parcels is zoned as R-4 (Townhouse Residential) and to the south there are two zoning designators R-4 and R1-7 (Single-family Residential). This is a benefit to the community in that it is following the development patterns for the Town of Oro Valley and will not have any negative impacts to the surrounding uses since they are all currently residential. The vision for the Town of Oro Valley emphasizes the importance of having an improved community philosophy and a unique image for the future. The following are goals and how they are met through this proposed land use. The first goal stated in the plan encourages the preservation of the Sonoran Desert environment and scenic resources. The amendment will comply with Chapter 7 of the Town of Oro Valley Zoning Code, Randye K. Rabb, President, Broker 1575 East River Road, Suite 201 • Tucson, AZ 85718 • (520) 319-2106 • Fax: (520) 323-3326 Land Acquisition & Relocation Assistance • Archaeological & Environmental Survey & Mapping • Real Estate & Asset Management • Program & Construction Management SEp► 29 2003 rret, Right of Way Services specifically Section 7-504-B.1 —6 in reference to open space requirements. Property Development Standards requires that thirty-five percent (35%) of net lot area will be designated as open space in order to protect environmentally sensitive areas. This is vital to the preservation of Oro Valley's natural Sonoran Desert environment and scenic resources. The second goal encourages the compatible mix of land uses. The proposed site location for residential development will be located near activity centers and an arterial road, thus reducing travel times. The location of higher density land uses, such as this development, needs to be near a major transportation corridor as stated in the policy described by the General Plan. This site is located just west of Oracle Road, which would support this policy. This will promote compatible land uses throughout the Oro Valley Planning Area. The third goal encourages joint land use planning and the shared use of facilities. The proposed residential development encourages more joint planning and strengthens an already existing relationship between the Town and Amphitheater Public School district. This supports the policies that are described under this goal. The fourth goal states that there will be no financial burden emplaced on those existing residents surrounding this site. By developing this site as residential, this will attract more residents and therefore will have no negative impacts on property values. The proposed amendment does not impose any adverse impacts on the community. The proposed land use will blend in with the surrounding land uses. The increased density of the land use and the location of the site will accommodate the goals as described in the Land Use Element of the plan. In conclusion, based on the findings for the plan amendment, there is evidence that this amendment will benefit the Town, remain consistent with the vision, goals, and policies of the plan, and will provide acceptable means for mitigating any adverse impacts on the community. The requested amendment of the General Plan supports Oro Valley's vision for the future by protecting the integrity of the environment through high-density residential development and strengthening an already existing infrastructure by well- planned and appropriate land uses. We hope that these findings will be sufficient in determining a decision for the plan amendment. If you require further information please contact me at (520) 319-2106. Sincerely, i\U Mark Castro, Planner Tierra Right of Way Services, Ltd. Randye K. Rabb, President, Broker 1575 East River Road, Suite 201 • Tucson, AZ 85718 • (520) 319-2106 • Fax: (520) 323-3326 Land Acquisition & Relocation Assistance • Archaeological & Environmental Survey & Mapping • Real Estate & Asset Management • Program & Construction Management ppa, COOZ 6 Z d3S Right of Way Services Oro Valley Planning Staff 11000 N. La Canada Drive Oro Valley, AZ 85737 Reference: General Plan Amendment Application for Desert Sky Properties Dear Staff: Submitted herewith for your review for the above referenced application are the following documents: o One (1) Completed General Plan Amendment Application o One (1) Check for Review Fees in the Amount of$1,934.00 ❑ One (1) Narrative of Proposal o One (1) ALTA Survey ❑ One (1) Aerial Photo We hope this submittal fulfills the application requirements and if you require further information please call me at (520) 319-2106. Sincerely, ike4 Mark Castro, Planner Tierra Right of Way Services. Ltd. Randye K. Rabb, President, Broker 1575 East River Road, Suite 201 • Tucson, AZ 85718 • (520) 319-2106 • Fax: (520) 323-3326 Land Acquisition & Relocation Assistance • Archaeological & Environmental Survey & Mapping • Real Estate & Asset Management • Program & Construction Management COOZoQo JP��EY ARi>09 6 Z d3S n,i)1c4 . 1Nki 4L i 0'NDED 191Q Planning and Zoning Division 11000 N.La Canada Drive,Oro Valley AZ 85737 Phone:(520)229-4800 Fax:(520)742-1022 Web Site Address: www.ci.oro-valley.az.us REQUEST FOR PREAPPLICATION CONFERENCE PROJECT DESCRIPTION: THIS IS A REQUEST TO AMEND THE PORTION OF THE GENERAL PLAN THAT AFFECTS THE THREE (3) PARCELS LOCATED AT DESERT SKY AND ORACLE. THE PROPERTY OWNER DESIRES TO DEDICATE THIS SITE TO SINGLE-FAMILY DETACHED DEVELOPMENT. APPLICANT WISHES TO AMEND THE GENERAL PLAN FROM CP(COMMERCIAL PARK) TO MHDR(MEDIUM-HIGH DENSITY) LOCATION: PARCEL NUMBER 224-33-007A, 224-33-008A and 224-33-011A CIRCLE TYPE OF REQUEST: 13EZONING PRELIMINARY PLAT DEVELOPMENT PLAN USE PERMIT (QENERAL PLAN AMENDMEN' APPLICANT NAME/FIRM: MARK CASTRO/TTERRA RIGHT OF WAY SERVICES ADDRESS: 1575 E. RIVER ROAD. SUITE 201, TUCSON. AZ 85718 TELEPHONE NO.: 570-314-7106 FAX NO.: 570-373-3376 EMAIL mcastro@sierra-row.com PROPERTY OWNER: CHRIS PHILLIPS PREAPPLICATION CONFERENCE DATE/TIME REQUESTED: SIGNATURE: DATE: o PREAPPLICATION CONFERENCES ARE HELD AT THE NEXT AVAILABLE OPENING FOR DRC u SUBMITTALS MUST BE RECEIVED BY THE PLANNING DEPARTMENT AT LEAST TEN (10) WORKING DAYS IN ADVANCE OF THE DESIRED PREAPPLICATION CONFERENCE DATE. u SUBMITTAL REQUIREMENTS "ALL PLANS MUST BE FOLDED PER PIMA COUNTY FOLD." o TWENTY EIGHT (28) COPIES 11x17 OF THE PROJECT CONCEPT PLAN, WITH LOCATION MAP. o ONE (1) COPY OF SITE RESOURCE INVENTORY PER SEC. 14-104 OF OVZCR. F:1Admin PZ\FORMS\PREAPP_FRM.DOC.doc LEY qR,, QOZ ♦p111 - E4 °UNDED-g�p TOWN OF ORO VALLEY, PLANNING AND ZONING 11000 N. LA CANADA DRIVE, ORO VALLEY AZ 85737 (520) 229-4800 PHONE (520) 742-1022 FAX www.ci.oro-valley.az.us APPLICATION FORM OV Case#(Office Use Only): Application Type: GENERAL PLAN AMENDMENT A. Project Manager/Developer Name: Firm: Address: City: State: Zip: Telephone: Fax: Email: B. Property Owner(s), if more than one owner, attach list Name: CHRIS PHILLIPS Firm: D & C INVESTMENTS 1, L.L.C. Address: 1178 N. POMEGRANATE City: TTTCSON State:AZ Zip: 85737 Telephone: 520-320-7776 Fax:570-320-5532 Email: C. Subject Property Parcel/Tax Code: 774-33-007A, 224-33-011A, 224-33-008A Legal Description/Property Address:SEE ATTACHED T.EGAT. Area of property:CASAS AnORFS Existing Zoning: T—P(technological park) Proposed Zoning: R-6 Is Proposed Zoning in conformance with General Plan designation? [ ] NIA [ ]Yes [X] No General Plan Designation: ep (COMMERCE PARK) Existing Land Use: COMMERCIAL OFFICE SPACE Proposed Land Use: SINGLE—FAMILY DETACHED D. Previous Applications Relating To This Property OV8- OV9- OV10- OV11- OV12- OV13- E. Reason For Request TO ACHIEVE THE GOAL OF REZONING FROM TP TO R-6, THE GENERAL PLAN MUST FIRST BE AMENDED TO ENSURE CODE COMPLIANCE. This application is true and correct to the best of my knowledge. I am the owner of the above described property or have been authorized by the owner to make this application. °( /2.9 /o3 111\ Date Signature F:IAdmin PZIFORMS1ApplicationRezoning.doc Legal Description Horizon Heights PT of SE PTN of BLK 2 & PT of Aband Horizon Blvd- (200 E. Desert Sky Road, Oro Valley) Horizon Heights W373.76' of BLK 3 & PT of Aband Horizon Blvd & Calle Godorniz Exc S60'- (Parcel 224-33-008A) Horizon Heights E204.49' of BLK 4 Exc S60' & LT of Aband Horizon Blvd & Calle Godorniz- (Parcel 224-33-011A) • JPLLEY q, TOWN OF ORO VALLEY Qo �o COMMUNITY DEVELOPMENT DEPARTMENT G) Planning and Zoning • Building Safety iP 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 d 4 1 Oro Valley Public Library 4 A 1305 W.Naranja Drive,Oro Valley,AZ 85737• (520)229-5300•Fax(520)229-5319 �`` Parks and Recreation At,P0 - 1(31 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 UNDED October 14, 2003 Mark Castro Cheryl Hall Tierra Right of Way Services 1575 East River Road, Suite 201 Tucson, AZ 85718 Fax: 520. 323-3326 RE: OV 11-03-01; Certification of Desert Sky Road General Plan Amendment submittal for Parcel Nos. 224-33-007A, 224-33-008A, and 224-33-011A. Dear Mark and Cheryl: Planning staff has reviewed the above-referenced application received at our office on September 29, 2003 and find that the application is sufficiently complete to begin our review. Please note, however, that the following requirement for a General Plan Map Amendment application has not been submitted and must be submitted immediately in order for staff to complete its review of the application: As mentioned in our October 10, 2003 Development Review Committee(DRC)meeting, a General Plan amendment application must be signed by the owner(s) of the property and the owner(s) must sign an agent authorization letter indicating who may represent him/her/them in rezoning matters. Per Section 3-003(A) or(B) of the Oro Valley Zoning Code,Revised (OVZCR), please have all the partners of the corporation sign the application and agent authorization letter. Town staff has reviewed the above-referenced project and we offer the following comments. Please note, our comments are preliminary based on the nature of the initial submittal. Planning and Zoning Division Comments 1. The Application was submitted on September 29,2003 and, as such,will be reviewed under current Zoning Code(OVZCR)procedures for General Plan(GP) amendments and will be measured against the current GP policies and provisions. www.townoforovalley.com October 14, 2003 Mark Castro, Cheryl Hall OV11-03-01; Desert Sky Road General Plan Amendment Page 2 of 2 2. Please indicate in writing what zoning district the Application would seek, should the General Plan amendment be approved, and what type of housing (s)he would seek to develop: single-family, detached; attached town homes or patio homes; or condominiums or rental apartments. 3. Staff will have to address the policies of the Economic Development element of the GP when presenting this request to the Planning and Zoning Commission. We will need an explanation from the Applicant, on behalf of the property owner(s), as to why the previous use (now abandoned)was not viable and why other commercial use of the property is not viable. 4. Prior to the re-submittal of information responding to these comments (due November 7, 2003) for a public hearing before the Planning and Zoning Commission on December 2, 2003, we would like assurance, in writing, that the property does not contain any hazardous materials what would make its development unsuitable for residential use. We look forward to working with you and your team to achieve a cohesive and timely review of this project. If you have any questions of me, please feel free to contact me at 229-4814 or smontana@orovalley.net. Sincerely, yA),(162,fr_ Susana Montana Planner II C: TOV staff: Shirley Gay, Bayer Vella, Bryant Nodine, Craig Civalier; Chris Phillips, D & C Investments Co., Fax: 520.320-5532 Attachments: General Plan Amendment Flow Chart Federal Agency Notice affidavit F:\OV\OV11\2003\OV11-03-01\Correspondence\DRC Formal Comments.doc GENERAL PLAN AMENDMENT PROCESS (applicant version) / GP Submittal Staff Certification l� l / Re-submittal Application submitted during an approved submittal window and all parts of the application Submittal included. / complete No \,/ Yes ► P8Z Hearing t Z-f 2 . 4 Staff, DOC, & Recommend County review v T . DRC )n1l0 Continue Deny Approve Notify property N, owners within 600' V Comments 10 /i+ / to applicant 4' ----- ,,,,,Agr Re-submittal /1 Re-submittal No 4— Submittal No Submittal complete — complete Yes TC Hearing 4 Yes Continue Deny Approve DOC =Department of Commerce DRC = Development Review Committee P&Z= Planning and Zoning Commission TC=Town Council v Can submit to Changes for Major Amendments: rezone There can only be one submittal window,they must go to two Commission hearings(in different locations), and all must be reviewed by the Council at the same hearing. There should also be at least one neighborhood meeting. F_\Admin PZ\ORG-FLOW\GP Amend Flow Chart for applicants.doc 10/13/03 NOTICE In addition to the Town of Oro Valley (the "Town"), there may be other jurisdictions affecting development of this property. If a property developer waits until late in the development process to contact other pertinent governmental agencies or bodies, additional expense and time in coordination,redesign an development may be a result. Examples of other governmental agencies and/or bodies that may have overlapping jurisdiction over this property include but are not limited to the following: Federal: • The United States Department of the Interior, Fish and Wildlife Service is responsible for Endangered Species Act compliance,etc. Please note,habitat has been designated within the Town. U.S.Fish and Wildlife Field Division 2321 West Royal Palm Road, Suite 103 Phoenix,Arizona 85021-4951 Phone(602)640-2720 Fax(602)620-2730 • The United States Corps of Engineers:This agency is responsible for management of jurisdictional waters, etc. Section 404 consultations may be required on properties that contain washes. U.S.Army Corps of Engineers 5205 E. Comanche Davis Monthan AFB Tucson,AZ 85707 Phone(520)584-4486 Fax(520)584-4497 State: • Arizona Department of Environmental Quality: This agency has multiple responsibilities. Please contact directly for further information. ADEQ 1110 W. Washington Street Phoenix,AZ 85007 (602)771-2300 County: • Pima County Department of Environmental Quality: This agency has multiple responsibilities. Please contact directly for further information. PDEQ 201 N. Stone Avenue, 2nd Floor Tucson, AZ 85701 (520) 740-6520 Please be advised, issuance of a permit DOES NOT, nor should it be construed, to imply compliance with Federal, State or County regulations. If you have any questions concerning your responsibilities under federal law,please contact the applicable agency. APPLICANT NAME: CONTACT PHONE AND ADDRESS: SITE LOCATION: PROPOSED USE: Applicant Signature Date Case/File Number nap.r' • Agii6 i • ';!;�riirfH..�l/rn,�:�ff M.f??Y�. r Right of Way SeIrvices FAX COVER SHEET DATE: 10 1 Ca `03 Y. TIME: $ " )0 All �. Total number of pages 3 (including cover sheet). if you did not receive the total number o,f pages indicated,please call(520) 319-2106 as soon as possible. Thank you. TO: _ . vm._ [3F ORO YAL /DEV &OPTYW5 NAME: .SuSMIJ 1n71F11 . FAX NUMBER: 7 2 - 1022 �. FROM: TIERR,A RIGHT OF WAY SERVICES,LTD. 1575 E. River Road, Suite#201 Tucson, Arizona 8571.8 NAME: j. 1AJ< AS•t O FAX NUMBER: (520) 323-3326 PHONE NUMBER: (520)31.9-2106 r•-.�r...v...I'-.n+-:I1/4�"Wti.n-......�..:..r�....v.v'•a...•v.vr-�JrWWNr-NIV+4N I.•�IIv^-N+4�..i.v.•vr•,...•w'-Ni+•�M�MM1./^-Ira.,r•,..rra..•...r•...•-intiJ.4M1MI•.-•..•ar,•v.-�+r•a/NI-NIW�f:Vw•dtiM1-.^+ MESSAGE: r N F � � a ��5 �K y 6& e R4 AAA) Amc,J,anff,T .. Of-O -o ALLoZ1/ G C.Al.eLSroP Fe 1j,1 P5 r°1�C'�T j1 S 5-1,:+-TO7 7i Y A Cep 7.._.e..o,t D.C. . N ''s-one r3 I,tie. Oct 15 03 05: 22p I stopher 3. Phi 1 l ips 52C '10-5532 p. 2 EXPEDITED „. .•.„,.. , F',1+I ,(.& -- ' ARTICLES OF ORGANIZATION OF _"..,,..._ . ____. D.C.INVESTMENTS L L.L.C. 4 , o?s?,,g_56-- Pursuant to ARS. §29-632 the undersigned states as follows: C 615, 1. The name of the limited liability company is D.C. INVESTMENTS I,L-L-C, 2. The address of the registered office in Arizona of the limited liability company is 2925 F. Sierra Vista Drive,Tucson, Arizona 85716. 3. The statutory agent's name and address is: Christopher J. Phillips, 2925 E. Sierra Vista Drive,Tucson, Arizona 85716, 4. There are or will be two or more members at the time the limited liability company is formed. 5. The latest date on which the limited liability company is to dissolve is December 31,2025. 6, Management of the limited liability company is vested in a manager_ Th.e managers at the date of organization are: Christopher J. Phillips 2925 E. Sierra Vista Drive Tucson,Arizona 8573,6 Kadon,L.L.C. 2125 South CraycrofL' an AZ Limited Liability Company Tucson,Arizona 85711 7. The name and address of. each Member who owns at least twenty percent (20%) of the interest at the time of formation of the limited liability company is: Name Address Christopher J_ Phillips 2925 E. Sierra Vista Drive Tucson, Arizona 85716 Kadon, L.L.C. 2125 South Craycrolt an AZ Limited Liability Company Tucson,Arizona 85 711 1 Oct 15 03 05: 2?r Lstopher J. Phillips 52r O-553 p. 3 DATED this C day of , 2001. Chris pher J. iliips,Member/Manager Kadon,L_LC.,an Arizona Limited Liability Co., Member/ ager By: Its: b,-. Christopher J. Phillips,having been designated to act as Statutory Agent,hereby consents to act in that capacity until removed or resignation is submitted in accordance with,the Arizona Revised Statutes. 'stop . . Fhillips 2 fti ::•}}!Win;:'1/.M••I��•}��'•. �,�,I,�', yti,S�Yi.,rl .,s454, ',.:,'<;: i7.��S$ �{{.� � try :t. 2},, 1Y� k yn - FAX COVER SHEET DATE: _10 -20-o 3 _ TIME: 1: 15 ?III _.- Total number of pages 17_ (including cover sheen. If you did not receive the total number of pages indicated,please call(520) 319-2106 as soon as possible. Thank you. TO: _ w m of O Yi4L tY _. -. NAME: S 0 3A4 7'A iIA M �.... FAX NUMBER: y 71.12"10 FROM: TIERRA RIGHT OF WAY SERVICES, LTD. 1.575 E. River Road, Suite#201 Tucson, Arizona 8571.8 NAME: M Teo - FAX NUMBER: (520) 323-3326 PHONE NUMBER: (520)319-2106 r..wr./N/-N tii s..i ..rN�.../�J/ti.uw •e.r- r•vr•JI-J MESSAGE: f# 5 _1 SIB A x' '' i -, M Oct 16 63 02: ?6p CV topher J. Phillips 520- ]-5532 p.2 PHASE 1 ENVIRONMENTAL SITE ASSESSMENT AND LIMITED ASBESTOS SURVEY NEWMONT OFFICE BUILDING AND PROPERTY 200 DESERT SKY ROAD TUCSON, ARIZONA PROJECT NO, 63967033 Prepared for SWAIM ASSOCIATES 3936 E. PORT LOWELL TUCSON, ARIZONA 85712 Prepared by TER tACON CONSULTANTS WESTERN, INC, 355 SOUTH EUCLID ,. SUITE 107 TUCSON, ARIZONA 85719 MAY 9, 1996 r 1Terrcon . . Oct 16 03 02: 27p CI topher J, Phillips 520. )-5532 P. 3 TABLE OF CONTENTS Page No. 1.0 INTRODUCTION 1 2.0 SITE DESCRIPTION - 2 2.1 Location 2 2.2 Geology and Hydrology 2 2.3 Site Reconnaissance 2 2.4 Visual Survey of Surrounding Properties 3 3.0 INTERVIEWS 3 4.0 RECORDS REVIEW 4.1 EPA and State Environmental Databases 4 4.2 USGS Topographic Map 7 4,3 Aerial Photographs 7 5.0 RADON .8 6.0 LIMITED ASBESTOS SURVEY S 7.0 LEAD BASED PAINT 9 8.0 FINDINGS AND CONCLUSIONS 9 • 9,0 RECOMMFNDATION$ 10 10.0 GENERAL COMMENTS 10 APPENDICES APPENDIX A - Figures Figure 1 Location Map Figure 2 USGS Quadrangle Map a APPENDIX B - Photographic Record APPENDIX C Environmental Database Information a APPENDIX D - Asbestos Sample Analysis APPENDIX E - Reference Sources • Oct 16 09 02: 27p CI- ;topher J. Phi 11 ips 520. "1-5532 p. 4 Newmont Office Building 200 Desert Sky Road Terracan Project Nij. 83967033 2.0 SITE DESCRIPTION 2.1 Location The subject property is an approximate 8,3 acre parcel known as 200 ©esert Sky Road. '4 located on the northwest corner of Desert Sky Road and Valle Del Oro Road. Further, it is located in the southeast /4 of Section 13, Township 12 South, Range 13 East, Gila and Salt River Base and Meridian. Piffle County, Arizona. The location of the property is depicted on Figure 1 -Tucson Area Map and Figure 2 - USGS Topographical Map. Both figures can be found in Appendix A. 2.2 Geology and Hydrology Terracon reviewed Water-Resources Report #87.4190, "Cenozoic Stratigraphy and Geologic History of the Tucson Basin, Pima County, Arizona for information regarding regional geology. According to the report, the site is underlain by the Fort Lowell Formation and the Upper Tinaja beds. The Fort Lowell Formation consists of Sands, with varying amounts of silt, clay, gravel. cobbles, and boulders and is estimated to be approximately 200 feet thick beneath the site area. The Upper Tinaja beds consist of similar lithologies and are in excess of 400 feet thick in this region. The subject property is within the Tucson Active Management Area (AMA), administered by the _ Arizona Department of Water Quality (ADWR). Information provided by Tucson Water indicates the depth co ground water to be approximately 300 feet below ground surface ibgsl. and 4he • ground water gradient (direction of ground water flow) is to the northwest. Variations in ground water depth and flow direction can be anticipated due to seasonal rainfall or ground water withdrawal rates. Surface drainage is also to the northwest. 2.3 Site Reconnaissance • The visual survey of the site was performed on April 23, 1996 by Bruce T. Pollard. an environmental professional. Photographs documenting the survey are included in Appendix 3. The property is rectangular with the east and south boundaries being Valle Del Oro and Desert _ Sky Roads, respectively. A rectangular office building with a south wing and a parking lot area is located in the northeast corner of the property. A rear storage area is present north of tr►e building with two small outbuildings and a water well site. The remaining portions of the property to the south and west of the building appear to have remained native desert. Parking is located 2 Oct 16 03 02: 27p CF stopher J. 520 3-5532 p. 5 Newmont Office Building 200 Desert Sky Road Terracan Project No. 63967033 ti 4.0 RECORDS REVIEW 4.1 EPA and State Environmental Databases Terracon reviewed United States Environmental Protection Agency (USEPA) and Arizona Department of-nvironmental Quality (ADEU) database information provided by a contract agency (VISTA Information Solutions, Inc-) for indications of environmental concern in the vicinity of the subject property. Listed below are the federal and state databases which were searched, the date which they were last updated, and the number of occurrences which were encountered within each search area. The search areas include the site and distances up to 1 ,0 mile from the perimeter of the site. DATABASE/OCCURRENCES UPDATED RADI US NILES) _ EPA Data NFUSuperfund Sites (0) 9/95 1 .0 CE;CLIS Sites (0) 12/95 1.0 EF.NS Hazardous Material Spills (0) 6/95 0.1 5 ECRA TSD nerator Facilities (0) 2/96 ADE4 Data State Superfund (0) • 6/95 1,0 State CERCLIS Egvint (0) 2/96 1 .0 • Registered Underground Storage Tanks (0) 1 /96 0.25 Leaking Underground Storage Tanks (1 ) 1/96 0.5 Reported State Landfills (0) 2195 0.5 Sites identified as being within a specified search distance of the subject property are depicted in the chart above and included in the report provided by VISTA Information Solutions, Snc_, which is included es Appendix C. Definitions for the various databases, including the number of listings , identified, are provided below. • M 4 Oct 16 03 02: 27p CV t.opheir J. Phi11ips 520- --1-5532 p. 6 • Newmont O+Eice Building 200 Desert Sky Road Terr3COn Project No. 63967033 ST One (1) Leaking Underground Storage Tank iLUST) was located by VISTA within 0.5 mile of the subject site. Site N.-me site Addrej Q.ist..:Qir. Oro Valley Country Club 10200 N. Oracle Rd. 0-46 rri. N1 SWL State Solid Waste Landfill (SWL) sites were not identified by VISTA within 0.5 mile of the subject site. IjNMAPPABLS SiTE5 Vista's database report in Appendix b reports three (3) (unmapped) sites which could not be plotted due to a lack of accurate or complete street address information. the databasreport based on have not been mapped, but have been included i street narne(s), city name(s). county name(s), or zip code(s)- 4.2 USGS Topographic Map Terracon reviewed the Cro Valley 7-5 minute quadrangle map published by the USGS in 1951. These maps are useful in identifying topographical features,the presence or absence of structures on or near the subject property, as well as determining the slope of the ground surface on the site and surrounding properties. Only historically developed areas are indicated on this map prior to the date of 1981 . The subject site area is shown with a building on it. The structure present at that time noes not appear as large as the present-day building. The map indicates that the subject property slopes predominantly to the west/northwest with an average ele, t• n approximaraly 2640 feet above mean sea level, 4.3 Aerial Photographs Aerial photographs of historical (1960) and present-day (1994) settings are presented within Appendix P_ Aerial photos of the site area from 1960 to 1994 were reviewed to obtain concerningthe history of development on and near the site. Although aerie information photographs are generally developed at a small scale, they are often useful in visually comparing historic and current conditions. They may also be helpful in determining whether conditions of obvious environmental concern existed on or near the subject property at a time they review were taken. The date of each enclosed photograph, as well as observationsnoted9 of the others are summarized below: 6 Oct 16 03 02: 28p CI stopher J. Phillips 520 0-5532 p. 7 i Val/ 1 Newmont Office-Building • 200 Desert Sky Road Terracon Project No. 63967033 I IL 4101, • The 1960 aerial photograph shovva the site with a smaller version of the present- day structure with road access from Oracle Road. Other building development is not evident in the immediate area and Linda Vista Road to the south is the only Iother roadway present. • The 1994 photo shows the site generally as it appeared during the site visit. I Approximately seventy to eighty percent of the previously vacant area around the subject site has been developed into residential, office or commercial space. The area east of the property across Valle Del Oro Road remains vacant. A general review of available aerial photographs (1960, 1973, 1980, 1985, 1988 and 1994) indicates that the subject property was developed with a building and the storage shed to the west until the middle 1970s when the structure was expanded to the south. The apartments to the north appeared and the area to the west was cleared for development in the late 1980s. '., °a w 5.0 RADON >., 0000 Pima County records regarding regional radon levels do not indicate radon emissions in excess of Health Board guidance levels in the area of the subject site. A testing program would be necessary to determine actual site conditions. 6.0 LIMITED ASBESTOS SURVEY The limited asbestos survey (LAS) followed Terracon's review of an asbestos survey performed by Hygientics, Inc. (Hygientics) who prepared their report entitled "Phase I Environmental Assessment Report and Asbestos-Containing Materials Survey" dated December 5, 1999. to present the results of their work. The Hygienetics survey collected 44 samples from convenient locations associated with ceiling tile, floor coverings, ceiling texture,surfacing, plaster,roofing, IMP and thermal systems insulation. The work by Hygienetics found ceiling texture, floor covering, linoleum, end thermal system insulation patch to be asbestos containing material (ACM). The samples for this LAS were collected by Mr. Bruce Pollard,an AHERA accredited building inspector Ali* for Terracon. Samples collected by Terracon are believed to be from areas not sampled by Hygienetics. The Terracon samples were collected from floor tile beneath the carpet in the west side of the kitchenette at the northwest corner of the building, linoleum in the adjacent kitchenette, and linoleum in the reap room south of the kitchenette area. The Terracon samples were observed to in good condition and non friable. Additionally, ceiling texture, considered to be ACM by Hygientics, was observed and is considered friable. Areas where the ceiling texture 7 Oct 16 03 02: 28p Cl stcpher J. Phillips5ZQ 0-55 2 p.8 Newmont Office Building 200 Desert Sky Road Terracon Project No, 63967033 has been painted are considered to be less friable than ceiling texture which has not been painted, The three samples collected by Terracon were submitted to Environmental Consultants Management ECM) for analyses by the PLM method. The analytical results from ECM indicated the samples collected by Terracon were ACM. the building plan (Figure 1) showing the location of the samples collected by Terracon and the laboratory analytical results with chain of custocy documentation are attached as Appendix 0. I _ The LAS findings are besed upon the sample locations and results presented in this report, Variations between the sampled materials and these encountered during renovation or demolition Should be anticipated. Collection and testing of additional samples to determine site asbestos conditions is necessary to further define the site under OSHA worker protection regulations. These regulations indicate a minimum of three samples per homogenous material be collected and analyzed to have one per cent or less asbestos content to consider a homogeneous material to be non asbestos containing. 7.0 LEAD BASED PAINT Paint in the building was not sampled for laboratory analysis to assess lead content. To date. I there are no regulations controlling assessment for lead paint in a comr'nercial structure. Housing and Urban Development (HUD) has a guideline which is implemented when a Federal Housing Authority IFHA) loan is involved in the transfer of ownership of a residence, However, under OSHA, workers can not be exposed to excessive concentrations of lead while performing building renovations, $.0 FINDINGS AND CONCLUSIONS I , Following are Terrecon`s findings and conclusions, with regard to the subject site: 9 9 ! 1 • We have performed a Phase l Environmental Site Assessment in conformance with • ' the scope and limitations of ASTM Practice E 1 527-94 of the Newmont Office Building and Property located at 200 Desert Sky Road in Tucson, Arizona. Any exceptions to, or deletions from, this practice are described in Section 1.0 of this report. This assessment has revealed no evidence of Recognized Environmental Conditions in connection with the property. Recognized Environmental Conditions are defined by ASTM practice E 'a 527-94 to mean "the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of 8 Oct le 03 02: 28p CI st.apher• J. Phi 11 ips 520 Cl-S532 p. 9 111 Newrnont Office Building 200 Desert Sky Road Terracon Project No. 63967023 This report has been prepared for the exclusive use of Swaim Associates for specific application as discusses. It has been Intended as a limited assessment of the environmental conditions associated with the subject property, and was prepared in accordance with generally accepted local assessment practices within the scope of the client's directives. No warranties. express or imphhed, are intended or made. Subsurface exploration and laboratory analyses have not been performed to validate the findings of this report. The limitations of this assessment should to recognized cis Swain-, Associates formulates Conclusions on the environmental risks associated with this property. 10 Oct 16 03 02: 28p C stopher J. Phillips 520 _..Q- 5532 p. 10 •• '••s• .r^r� .. i1 _ r . ii :';{ -.ay.:, SITE ,`- e'•,•• - 'y'�!� , , _ I' S .r am••:-n.•r', ;• . J.- •-mmr'.. ...,-.y. = '•. 71- ..Y"•''', ,•ti•�. i ...' ' Lam/+, .,.• ;•. '.�rt�, ; ,.:.?`a +.. A. _i.,�1 r •..S •� , - _-,.,. .� ,'-/r__4 `...., i.A '' -ti._..r.,.,•„.. .,— i: ( .:: 1.R tom• j� t ,: 3 e ' .' A.:au,• Y Or e;, % 7. ' .,�. • 4: :'I ✓/n•L� �,'''•'r6ARS-+ �• it '"°'",-. 4 • '� �'' ." • 4.L' A • - • - ''1L7 -, • •- \ AA . i ve � , • +"''•, • r� �'1 �; 7 1a £. i.1 :•.c ' • ? -z...h. ma ik '_ � "_ • Y 7. . ,r r Y 2 ,•'!ZjC ri ;: 3ti jsR +I 1 ; 1 r „ •'iL, 4 4- , a 1 - .. ' -, f !I._, I y.• Rj a •g I r .sJ ll1W' ' •r'•,•p���1 Z�"�r• ` � ` i'` �Q• +1.'r.�+r. •.�i; 7z" r. •.'_- 'r.�.. /K��sy [y�� ■ may.'....,, .40�� :'y. y.- ••NM :r;mn .',#. , •,.': M11C�( ,� e � IOA ��• _ Site Location Map iuerracon • , CONSULTANTS WESTEflN.INC. 355 5•EuC:3d AAv9..Suite 107 • TuCSari,Anzorr9 95715) ..----- Ph. VS2121170-1780 • Pct: Da;a.J roje •Checx d: Figural 1 Fax 5201 742•2539 63967033 5-2-96 I Figure 1 J Oct 16 03 02: 29p IC stopher J. Phi i 1 ip 52C .,.,O..g532 p. 11 • . 1 pir , .... . 'z OW.- ,J..W- . .' fr , Ø ram.• ^'` 'Pr?! ;;: - rK,�' � . . . . ...,,.....1-.; -7 . .. - .,i; ",., . ,..2f ' r r ■ ' - "�'• ' ' •_ • -^. ', , '' '%r ^-'SRN••• . -'a' ,_. _ } i t.• ? '1' .r • a , a � - /te fi 1 - 1 .ter j+r, ``� +.-.• . • . ,. ,. ilt4,•‘.i, :1 litt -..: V w iktiit.,::. ,,,.._,..47.......,..ar ,r r . Rom_ 1• - ,,,-.i.• ,. . ,4 ,• .1 ,; '%.fot••• .i• '4 _ _. _.M_ ► 1 1. may'tIrl e;;, 'Z�V�t-i`�i.� ^'-'- 41'4� � r /`:x• w ,; ! ,_r 14 J�.' 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(5Z01770.1789 • pip) ;Date: •Cr'et'keq; Figure; Fax (56d?'92�539 63967033` 5-2-96 ! Figure 1-- - —� T �- �' Oct 16 03 02: 29p C stopher J. Phillips 520 --a-5532 p. 12 • -_ - - _ ..,, ..i �. -.ter. - • .'1e'•0,.k. _ rat - _ _ -- ' _.• ,' —1-'7 '-a I I �'^ w I . _ _ - -� ��' "'� • �,•• • •'..7'•'••eig'... -,. -.'.•• • •.'• " • i'• ":- 4-•-•. . ''''2'• • , ... tea{,4A •. •,-. .- r.....a.,4 .-s.,7•_..J Photo #1 View of building from south entrance, - • �;:.,, • • • y. • . . - - _„ r_ �` Photo #2 View of rear of building looking west. • Site Photos iuerracon CONSULTANTS WESTERN,INC. 355 9.Euclid Avg.,Suite 107 Tucson,Afton. 05118 Ph. M0►770.1799 ecc: —_ ,Date: 1 Cnec d; FigurB: 1 l_p Fax (52O1 792•2539 63961033 ' 5.2-96 • _ , -- Figure 3 1 ..Pi Oct 16 03 02: 30p C stapher J. Phillips 520 -y0-5532 p. 13 SITE ASSESSMENT REPORT , PROPERTY CLIENT INFORMATION INFORMATION Project Name1Ref#' 63967033 i Mark Bollard 'Newmorit Office !?ldg Swaim AS.oC. T 1200 Desert Sky Fed. 3936 E, Campbell Ave, Oro Vaitey, AZ 85737 'Tucson, AZ 65712 •LatitudelLongitude: ( 22,3e5145 110,967243j ^- ___ -, _ __ .._.. __- • Site Distribution Summary within ve vs re i 114fa ra ro mW ?ir Mlle 1/2 Mike T mule - r r Agency I Database-Type of Records .A) Databases searched to 1 mtle: i US EPA NPL National Priority List 0 ' 0 0 _ 0 _ US EPA ISO RCRA permitted treatment, storage, dispoS3l facilities _ 0 0 0 0 STATE SPL, State equivalent priority list 0 0 _ -6— ❑ - STATE SCL State eguivaient CERCLIS list 0 0 0 0 R) Databases searched to 1/2 mite: • US EPA CERCL1S Sites under review by US EPA 0 0 0 1 - STATE LUST Leaking Underground Storage Tanks _ 0 0 1 ! - STATE SWLF P-ernlitted as Solid waste landfills, - �. — Incinerators or transfer stations 0 0 CI - •C) Databases searched to 114 mile: STATE UST Rye isteree underground storage tanks , 0 0 - •0) Databases searched to 119 mile: ' - US EPA _ ERNS Emergency Response Notification System of spills 4 - - - US EPA LG GEN RCRA registered large generators of • hazard()US waste 0_ _-.. - - ,j - US EPA SM GEN RCRA registered small generators of - hazardous waste 0 - ' - - This geographic database search meets the American Society for Testing Materials(ASTM)stand;rds for a -� government records review. A(-)indicates the search diStarbce exceeds ASTM search parameters. LIMITATrON OF LIABILITY •CoSrooter proceed,At ib own risk in choosing to rely on VISTA services,in whole or in part,prior to proceeding with any transaction. VISTA cannot be an insurer of the accuracy of the infarmat1en,errors occurring 1n conversion of datA,Or tar tustomers ute of data. _ VISTA and ita affiliated Companiea.officet1,aginta,irnployeea And independent contractors connet be held liable for accuracy. storage,delivery,lost or expense suffered by customer rst4ting directly Or indiracttyfrom arty info_rmatipr►proylded by VISTA. __� — w _, For more information call VISTA information Solutions, Inc. at-I -800-767 -0403. - Report ia 001193-9g1 Date of Report May 5, 1998 versien 2.4.1 Page xi Oct 1s 03 02:3Op C stopher J. Phillips 520 0-5532 p. 14 witSITE ASSESSMENT REPORT Street Map A s r , Q T 7. .r.,, _ - .:r am. IV - •47". ,- fir' , m 1 / ......° •- -...'"`• .••-... 14 CPCP"-'• r ' „AO()PL t..-•-` ‘N4' 7. gei , , .2 / N .;LLB : // ` r• J.RGCy r yI `� ),ci____. r--- :. — I ‘ I. / ; • ( Ut � , 8 -� 41 . •. •,'' , ' l .1 / r / �V'J Ili- $- ,'S�a / / p. V • r ri y im ti ' ;• �„� PRING ALLY J Mi ltG Subject Site ; `,,f'---- Roads.Highways,Rivers,Water Bodies i `-.,_ —-, Railroads,Utilities For Mare information Cell VISTA iritQrmafOn Solutions,Inc.at 1 -800.767•0403 • Report ID:001193-991 Date of Repast May 6,19e$3 Oct 16 03 02: 31p CI stopher J. Phillips 520 0-5532 p. 15 A I C • UNMAPPED SITES I ie W • I-i�,lla _i -1 , F- Z c? I1. EnQ. wut uuirc,� � • _ ;Z - U)�U) U J ci1 W �I uJ VTVA 10! EAGLE PiC,HER MILL ; xe63a11 AZ ' X - T - — CANADA HILLS WATER COMPANY 53155791 .10000 NORTH ORACLE BOAC i X X TUCSON. A2 85737 • CIRCLE # 795 - 3437604 • 16054 N ORACLE X TUCSON, AZ 85737 — -- - - - - -- 1- -_ -- • • rt. f An'X'meats search criteria: a dot axcecds search criteria, - .. 1 For more information call VISTA information Solutions, Inc. at 1 -800-767-0403. Report Ip:001193A91 Date of Report: May 6, 1996 V.rihm Z.4.f Pagt 11$ Oct 18 03 02: 31p C stopher .3, Phi 11 ips 520 ""'O-5532 p, 16 UNMAPPED SITES VISTA EAGLE PICKER MILL ..-- ------ TSiiSTA ID#' — i4855331 - - Address LZ —i - - SPL -State�uivaient Priority List)SRC 2487- .Agency 10. 5140 Agency Address: SAME AS AeoV • .Facility Type; NOTAVAJL„ABI,E •Lead Agency: NOT AVAILABLE State Status: NOT AVAILABLE `Pollutant 1: uNKNOW+v Pollutant 2: LIMN 0wry Pollutant 3: uNKNowry Fields Not Reported:_ — SUM!' — VISTA CANADA HILLS WATER COMPANY VISTA I_pA. 5365791 __ ,� Address' 10000 NORTH ORACLE ROAD s TUCSON, AZ 85737 ` CERCLIS i SRC# 2738 _ IEP.A 10: AZ0001038520 Agency Address: SAME AS ABODE NFL Status: NOT PROPQ$ED.CURRENT.OR r tL.ETED NPL SITE Site Cwnersnip: uN$(NowN Lead Agency: NOT AVAILABLE .Sits DscriptInri: _ NOrREPORTED - i SCL-State Equivalent CERCLIS List/SRC,* EPA ID: !AZ0001039520 - - A enc 10: [1313 - Agency Address: SAME A$A$rJ —._. - -. - - -. Facility Type: NOT AVAILABLE - ,Lead Agency: NoTAVAII,AB.E -State Status: PRELIMINARY ASSESSMENT IN PROGRESS Pollutant 1: UN/J4OWN Pollutant 2: uNKNOWN Pollutant 3: LfivicrvowN Fields Not Reported: sr,ru,r - _.. - - .-^.. VISTA CIRCLE K#- 795 . . --VISTA ID# -'3437604 _ Address' '16054 N ORACLE ' `TUCSON AZ.85737 _ ` STATE LUST.State Leaking Underground Storage Tank I SRC* 'Agency ID: }}00013121325O1 •2815 _ - i Agency Address: CRCLE rt* 795 _ - 16a54 N ORACLE CA TALINA,AZ 85738 Tanis Status; NOTAVArLA$LE Discovery Date: JANuAR'2/. 1994 - Media Affected: NOTAVA?LAe( Remedial Action: Nor AVAILABLE Remedial Status 1: NOTAVAILAatE _ Remedial Status 2: NOT AVALABL€ Fields Not Reported: _ _ satmFarxe _ _ mrle ` VISTA address includes enhanced city ana ZIP, - ;or more information call VISTA Information Solutions. Inc at I .80t-767 -0403. Report ID: 001193-g91 Date of Report: May 6. 1996 Versoon Z4,f Pi *7 Oct 16 03 02: 31p C 5topher J. Phillips 520 --0-5532 p. 1"7 SITE ASSESSMENT REPORT DESCRIPTION OF DATABASES SEARCHED A) DATABASES SEARCHED TOT MILE NPL VISTA conduce a database search to identify all sites within 1 mile of your property SIC#: 264.0 The agency release date for NPL.was September, 1995. The National Priorities List (NPL)is the EPA's database of uncontrolled or abandoned hazardous waste sites identified for priority remedial site must meet or surpass a predetermirl d hazard rankr g system score. be chosen asraam A state's top priority site, or meet three specific criteria set jointly by the US Dept of Health and Human Services and the US EPA in order to become an NFL.site. SPI~ VISTA conducts a database search to identify all sites within 1 mite of your property SRCX: 2487 The agency release date for Superfund and WQARF Priorities List was,Juno, 1995. This database is provided by the Cepartment of Environmental duality. SCL VISTA conducts a database search to identify all sites within 1 mile of your property SRCAl: 2924 The agency release date for Cercla Information Data System (ACIDS)was February. 1996. This database is providaa by the Department of Environmental Quality, RCRA-TRD v1S T A conducts a database search to identify all sites within 1 mile of your property SRC#; 2909 The agency release date for RCRIS was February, 199E, • The EPA's Resource Conservation and Recovery Act(RCRA)Program identifies and tracks hazardous waste from the point of generation to the point of disposal, The RCRA Facpl,i,es database is a compilation by the EPA of facilities which report generation, storage, _ transportation, treatment or disposal of hazardous waste, RCRA TSDs are facilities which treat, store and/or dispose of hazardous waste. 8)DATABASES SEARCHED!TO 112'MILE CERCLIS VISTA conducts a database search to Identify ail sites within 1/2 mile of your property. SIC 2738 The agency release date for CERCLIS was December, 1905, The CERCLIS List contains sites whioh are either proposed to or on the National Priorities List(NPL) and sites which are in the screening and assessment phase for possible inclusion on the NPL„ The information on each site includes a history of all pre-remedial, remedial, removal and community relations actrviies or events at the site, financial funding information for the events, and unrestricted enforcement activities. NFRAP VISTA conducts a database search to identify all sites within 1/2 mile of your property SRC#: 2739 The agency release date for CERCLIS-NFRAP was December, 1995. NFRAP sites may be sites where. following an initial investigation, no contamination was found, contamination was removed quickly, or the contamination was not serious enougn to require Federal Super-fund action or NPL consideration, For more mformatbdn call viSTA Information Solutions. Inc, at 1 .800-75-7 -0403. Report ID: 001193-991 Date of Report: May 6, 1996 Uerslon�, Pwge r5 JPLLEY qR� TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT DEPARTMENT o \ Planning and Zoning • Building Safety p 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 t Oro Valley Public Library Aik 1305 W.Naranja Drive,Oro Valley,AZ 85737• (520)229-5300•Fax(520)229-5319 46. + Parks and Recreation wNDES) 0,1b 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 November 6,2003 Mr.P. Scott Porter, PDEQ Compliance and Enforcement Supervisor Pima County Department of Environmental Quality 130 W. Congress Street,3rd Floor Tucson,AZ 85701 Fax: 520. 882-7709 RE: 200 Desert Sky Road,comprised of three parcels: 224-33-007A,224-33-008A, and 224- 33-011A. Dear Scott: The Town of Oro Valley(TOV)has received an application for a General Plan Map Amendment to change the land use designation for the above-referenced parcels from commercial use to residential use. We have a 1996 Phase I Environmental Site Assessment and Limited Asbestos Survey for the site,prepared by Terracon Consultants Western,Inc.,which concludes that the assessment revealed no evidence of Recognized Environmental Conditions on these parcels. It did find asbestos in an existing building on the property. That building is abandoned and secured and would be demolished should the property owner be allowed to construct 65 single-family, detached homes on the property. Do you have any records of this site that would indicate that would warrant a Phase II environmental assessment to identify hazardous materials in the soils or groundwater of the site that may have been discharged therein by the previous two owners: Newmont Mining Corporation and Horizon Land Corporation? We would like to know this information by Thursday,November 13, 2003,if possible, as I am preparing a case report for the Planning and Zoning Commission hearing on this Application scheduled for December 2,2003. Thank you very much for your attention. If you have any questions,please feel free to call me at (520)229-4814 or email me at smontana@orovalley.net. Sincerely, ZIA.,67--10"9‘' c1 t—r Susana Montana,Planner II ` y C: TOV: Shirley Ga ) D _ J www.townoforovalley.com Public Relo cords itsprocluctior a Rociusst Fax to: PDEQ of(520)882-7709 or mail to: PDEQ. 130 West Congress. 3rd Floor, Tucson, AZ 85701 Date: Naki• �©3 o _ Pima County c ---.... m Department o'f Name of Requesting Party: 5v54(r)Q M°}1±,�41.4 - ) Pt am �- ):c. Environmental Quality �' 0 Address: --tom N gF aro V a b � m h��j ' , t i N. La Ci'e4 >a ter' t9�.L( Lr 4s S 5-- - Phone Nurnber, � �;-�' - � t 4 ? PubIj Records 21- a- --Fax Number: Z — a 2- E-Mail Address: ',M 7fl- ii.a brava 1) ex. ii e - Reproduction r request that the Pima County Department of Environmental Qua re Request .anditY search .� providea copy or other reproduction of the following public records: 3Note: Be specific, provide as much informnation as ossib a name of r Information. D1Qccri'ion such as addr ss or p cel#with T.{?.S. p � P °peg`owner or bvsfness, � �`'-3 - �1 2 _ o {�arc� s zap{ 33 - oa�-�} o 1A- ' o0 ..e.sert x-Y ie and Y ,A•ec0 fp- Jig �0,5 yn a zr 7 s vl . sot m ?r�nek��: a'-y, Instruction The records are to be us for(check one): f'rev-ico_5 +et? , Sheet v4 ton-Commercial Purposes eW m>onJIIJ Commercial Purposes il-cr� f Ye?�/J i r2 L�7'f if the records are to be used for commercialu � �� La '- ( purposes; p rposes speclfcc�liy state those Certification declare that I have R. K:-tel�!''� + o o e read the information and instructions and understand its contents, �' co if I have indicated above that the reproductions of the public records which I have r i- co ry - req nested are to be used for commercial �+r °��� � be used solelyfor the purposepurposes, I declare that the reproductions will m described above and that the reproductions will not be used directry or indirectly for a different purpose than described above, i declare Pima County under penalty of perjury that the foregoing Es correct and true. -� Department of Environmental Quality 130 West Congress Street 0 47/77A, Tucson, Arizona 65701-1317 \ (520)740-3340 m .A FAX: (520)882-7709 Requesting Party's Signature www.deq.co.pima.oz.us NOU-07-2003 13:49 PJMA CO. DEO 520 882 7709 P.02/002 L \)) 11— DEPARTMENT OF ENVIRONMENTAL QUALITY 150 West Congress Street Tucson,Arizona 85701-1317 Ursula Kramcr (520)740-3340 Director FAX(520)882-7709 November 7, 2003 • By Facsimile and First Class Mail Town of Oro Valley Planning Department Ann: Susana Montana, Planner II 11000 N. La Canada Drive Oro Valley, AZ 85737 Dear Ms. Montana: Pima County Department of Environmental Quality(PDEQ)received your request for information related to the property located at 200 E. Desert Sky Road in Tucson, Pima County, Arizona. The TRS for this search was T12S-R13E-Section 13. The PDEQ databases were searched for any complaints, violations, or active permits in the respective area(s). A search of the department's permitting records, compliancefenforcement records, and complaint records revealed the following information: ➢ No air quality or hazardous waste permits are currently issued in this area. No violations of applicable county regulations have been issued to this location. No valid complaints are on file for this location. In providing the foregoing advice, we have not made (nor have we been required to make) a current physical inspection of the property and have referred solely to our records at this time. The foregoing advice does not, therefore assure compliance in fact by the property at this time. If you have any questions, please call me at 740-3347. Sincerely, A./Cr—a— P. Scott Porter Compliance and Enforcement Supervisor cc: Kathi Lawrence, Field Services Manager G:\FIELD\Record Searches103 Requests\03-11-07reg2.doc Visit our website at:www.deq.pima.gov TOTAL P.02 Pima County Assessor Online Page 1 of 2 2004 Pima County Assessor Property Inquiry Search ParceI2003 History Commercial Tax Summary Genealogy PRC PARCELI22433007P Gol 111 Appraiser Pat Manion Supplemental Notice TaxYears: 2004 Book-Map-Parcel: 224-33-007A TaxArea: 101 I TaxYear: 2004 TaxPayer Information Recording Information DC INVESTMENTS I ',LC Docket 12076 Page 8889 Date Jun-20-: 11178 N POMEGRANATE WARRANTY DEED ORO VALLEY AZ Zoning Information 012V Miscellaneous 85737 0000 Section 13 Twn 1 2S Rngl3E Map&Plat 15 84 LandMeasure 1 Legal Description MarketArea:CASAS ADOBES (11) HORIZON HEIGHTS PT OF SE PTN OF BLK 2 &. PT OF Tract Block002 Lot Croup( ABAND HORIZON BLVD CensusTract 4607 UseCode 1511 F Date of l.ast Change Sep-15-2003 Property Address 200 E DESERT SKY RD(OV) OFFICE BUILDING 1 STORY Secondary Valuation Data LegislativeClass FullCash Percentage As; Land COMMERCIA1(3 0) $471,458 25 S 1 1 Improvements COMMERCIAL(3 0) $258,862 25 $6 2003 Personal Property Cross Value Totals $730,320 $i 8 2003 LMTD/SCND Exemptions Net Value Totals $730,320 S18 Priorl,imitedValue: $1,138,405 CurrentLimitedValue: $693,074 Limited Value Ruiv-13: 2004.Audit Recordings 10317^885(WARRANTY DEED) Affidavit of FeeNumber SaleDate PropertyType SaleS CashS Validation Financing Sale 1191307 06 2003 Vacant Land 5901,000 $0 W5 SMS None DEED: Warrant.), Deed (W5=BUYER/SELLER IS A NON-PROFIT INSTITUT Sale t 02446 06 1996 Commercial/Industrial $1,000-000 $0 WI JAC None DEED: Warranty Deed ( W1 =BUYER/SELLER HAS AN OUT-OF-STATE ADD Map Selection 15084.dwg http://www.asr.co.pima.az.us/apiq/asrsqlyy.cfm?inyear=2004&RequestTimeout=120 11/13/2003 THE UNIVERSITY OF NOV 1 7 2003 Arizona State Museum AR1ZONA® P.O.Box 210026 Tucson,AZ 85721-0026 TUCSON ARIZONA (520)621-6302 FAX:(520)621-2976 November 13, 2003 Bryant,Nodine Planning and Zoning Administrator Town of Oro Valley Planning and Zoning Division 11,000 N. La Canada Drive Oro Valley, AZ 85737 Re: Oro Valley Planning and Zoning Department Memoranda Dear Mr. Nodine: As per your previous discussions with Mr. John Madsen,Permit's Administrator for the Arizona State Museum,we are now reviewing the Oro Valley Planning and Zoning Department Memoranda,and doing archaeological records checks for the indicated parcel numbers. Attached please find the results of those records searches. In a few cases, parcel numbers were missing or came up"no matches"on the Pima County Website. If it was possible to determine the approximate location of the parcel(s),then a review for that location was done. If it was not possible to determine the location,no review was attempted. Each review is followed by brief recommendations. Depending on the land form,the surrounding site density, and other factors,the State Historic Preservation Office(SHPO) recommends resurvey for anything surveyed over 10 years ago. In the following recommendations,ASM has used 15 years as a cutoff for resurvey, unless there is sufficient reason to sway the decision one way or the other. If you have any questions,do not hesitate to call me. Sincerely, C Pr Su Benaron Assistant Permits Administrator (520)621-2096 sbenaron@email.arizona.edu /'cc: Shirley Gay,Development Coordinator, Town of Oro Valley Oro Valley Projects OV12-03-07 Parcel#s: 220-110-750 &-040-10K Legal Description: portions of NE '/4 NW '/4 S08 & SE '/4 SW'/4 S05,T12S R14E, These parcels have not been surveyed. Several sites(AZ BB:9:49, 190, 191, 193, and 212)are within'/4-'/2 mile to east and northeast. ASM recommends a surface survey of these parcels. OV12-03-25 Parcel 220-090-240 Legal Description: SW'A NE '/4 SW'/4 S07 T12S R14E Parcel was surveyed in 1988 by Cultural Environmental Systems (1988-93.ASM) Three sites know in section:BB:9:2, 75, and 225(ASM). Depending on the landform,the As this survey was done 15 years ago,ASM recommends that the parcel be resurveyed. OV9-03-27 Parcels: 219-470-170 & 180 Legal Description: SE '/4 SE '/4 of S34 Ti1 S R13E Parcel has not been surveyed. ASM recommends a surface survey of the parcel. OV12-03-19 Parcel: 224-310-100 Legal Description: SE 'A SE '/4 S13 T12S R12E Parcel has not been surveyed. Parcel just west of Oracle Rd. was surveyed(1999- 207.ASM)by OPAC. No archaeological resources were found. Oracle Rd itself is a historical road(US/SR 80 AZ FF:9:17[ASM] and SR 89 AZ I:3:10[ASM]). ASM recommends a surface survey of these parcels. OV11-03 Parcels:224-33-007A, 008A,01 lA Legal Description: SE Y4 NW'/4 SE 'A The property has not been surveyed. ASM recommends a surface survey of these parcels. OV12-03-22 Parcel: 224-28-143A Legal Description: SE '/4 SE IA S12 T12S R 13E Property was surveyed in 2001 by Tierra(2001-93.ASM); no cultural resources found. ASM recommends no further archaeological work is necessary for this parcel. If as yet unknown archaeological resources are discovered in the course of development, please have the landowner notify the Director of the ASM. If human remains or associated funerary items are discovered please have the landowner contact Mr. John Madsen, Repatriation Coordinator of the ASM, at 520-621-4795,pursuant to A.R.S. §41-865. OV12-02-11 Parcel: 225-120-65A Legal Description SW'/4 SE '/4 S24 T12S R12E Property was surveyed by DAI(2003-562.ASM); found no sites, one isolated find. ASM recommends no further archaeological work is necessary for this parcel. If as yet unknown archaeological resources are discovered in the course of development,please have the landowner notify the Director of the ASM. If human remains or associated funerary items are discovered please have the landowner contact Mr. John Madsen, Repatriation Coordinator of the ASM, at 520-621-4795,pursuant to A.R.S. §41-865. OV12-03-17 Parce1:219-530-04T Legal Description: SE '/4 SW 'A NE '/4 S36 Ti1 S R13E Surveys: Rancho Vistoso Survey(1986-220.ASM)by Inst. for American Research; WCRM(1994-279.ASM)Western Area Power 115Kv Transmission Line. Latter found several Isolated Finds, including 14 sherds from two vessels that were found on or near this parcel. One site(AZ:BB:9:284)is very close to property. The WCRM report states (p.71)that probably"a substantial prehistoric component is buried."Rancho Vistoso is a historic Road(AZ BB:5:123[ASM]). ASM recommends that the parcel be assessed for the possibility of surface and subsurface remains related to the Isolated Finds and AZ BB:9:284(ASM). OV12-03-12 Parcel: 219-530-04E Legal Description: NW NW SE S36 T11S R13E Surveys: Rancho Vistoso Survey(1986-220.ASM)by Inst. for American Research. Nearby survey WCRM(1994-279.ASM)Western Area Power 115Kv Transmission Line. found several Isolated Finds, and two sites (AZ:BB:9:284 &284) fairly close by. Changing surface conditions and erosion can reveal sites that were previously buried. As sites have been found nearby on property previously inspected during the Rancho Vistoso Survey,ASM recommends that the parcel be reinspected. OV12-03-24 Parcel: 224-310-09G Legal Description: SW NE SE S13 T12S R13E Surveys: The property has not been surveyed. Nearby surveys include: 1999-207(ASM) by OPAC. It is possible that site BB:9:41(ASM), a historic wagon road whose exact location is unknown,passes through the property. Oracle Road is historic US/SR 80 (AZ FF:9:17[ASM]) and SR89 (AZ I:3:10[ASM]). ASM recommends a surface survey of the property. OV12-03-23 Parcel: (listed) 223-020-505 (Pima County Web Site has no record,but 2 Safeway-owned properties are near the described location : 223-020-38A and-320) Legal Description: Portions of SW T11S R14E Surveys: Rancho Vistoso Survey(1986-220.ASM)by Inst. for American Research. Nearby surveys: 2001-700.ASM(SWCA), 1987-237.ASM(ARS),2001-162.ASM (PAST). Site AZ BB:9:352(ASM)(found by PAST survey)is nearby, at SW corner of Rancho Vistoso &Tangerine; Site AZ BB:9:262 is just south of Tangerine ca. '/4 mile east of Rancho Vistoso. Changing surface conditions and erosion can reveal sites that were previously buried. As sites have been found nearby on property previously inspected during the Rancho Vistoso Survey,ASM recommends that the parcel be reinspected. OV12-86-9B Parcel:None given. Pusch Ridge at Reserve Lots 12-37 Legal Description: SW % S08 T12S R14E Note: Without parcel numbers, it was difficult to determine the precise area of these lots, but there have been no surveys in entire section. From the location of the Pusch Ridge Lots on the Pima County Website, sites AZ BB:9:3, 4, and 347(ASM) are in the immediate area and may be on this property(they are described as being on the "Pusch Ridge Property,"and"La Reserve."The first two of these sites are village sites,the latter (BB:9:347) is a petroglyph site and rock ring near site BB:9:4. ASM recommends a surface survey to determine if these or other archaeological resources are present on the property. OV12-03-13 Parcel: 225-142-460 (46A) Legal Description: SE SW S25 T12S R13E Parcel has not been surveyed. Nearby surveys include a survey by OPAC of an adjacent property(1999-114.ASM), and several along Magee: Atzlan(2000-715.ASM); SRI (1989-33.ASM),and DAI(1995-63-ASM). ASM recommends a surface survey of the property. OV12-03-26 Parcel:224-018-270 Legal Description: NE NE NE SO2 T12S R13E Surveyed by PAST(1984-11.ASM). Refer to Su Benaron's letter to Shirley Gay on 9/30/03 recommending resurvey because of the 20-year time span since the previous survey. NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with ARS 9-462, Arizona State Statutes, and Section 3-005.D. of the Oro Valley Zoning Code,Revised, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION REGARDING A REQUEST TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN IS HEREBY GIVEN: TIME: at or after 6:00 p.m. Tuesday,December 2,2003 PLACE: Oro Valley Town Hall, 11000 N. La Canada Drive, Oro Valley,Arizona SUBJECT: PUBLIC HEARING: OV11-03-01, GENERAL PLAN AMENDMENT FOR AN 8.35 ACRE PROPERTY CONSISTING OF PARCEL NUMBERS 224- 33-007A,224-33-008A AND 224-33-011A,LOCATED AT THE NORTHWEST CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD, CHANGING THE LAND USE MAP DESIGNATION FROM "CP"—COMMERCE PARK LAND USE TO "MHDR"—MEDIUM HIGH DENSITY RESIDENTIAL. Mark Castro of Tierra Right of Way Services, representing the owner,DC Investments, requests an amendment to the General Plan map. If approved, it would enable consideration of a future application to rezone the site from TP-Technology Park to a residential district with approximately 65 single-family detached homes. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for the meeting will be made available 24 hours prior to meeting time. The full text of the proposed General Plan Map Amendment is available during normal business hours at the Oro Valley Town Hall, Development Services Building, 11000 La Canada Drive, Oro Valley, Arizona. Should you have any questions regarding this matter, please contact Susana Montana at 229-4814 or smontana@orovalley.net. 4", Posted: 11-6-03 Time: 9 : 00 am Bayer Vella,'AICP By: s g Senior Planner F:\ovNovi 1\2003\OV 1 I-03-01\Notice\P&Z Commission Notice.doc AFFIDAVIT Oc ^UBLICATION STATE OF ARIZONA) :ss. COUNTY OF PIMA ) EHAUNA MEEK IN being first duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tuc- son, County of Pima, State of Arizona and elsewhere, and the hereto attached Oy!II-0,3--0I PUBLIC NOTICE was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for issues; that was first made 13t h NOVEMBER 03 on the day of 20 13t i`t and the last publication thereof was made on the day of NOVEMBER`. s i 20 ; that said publication was made on each of the following dates, to-wit: 1. 1/13/03 Request of TOWN OF ORO VALLEY Daily Territorial BY itSid.f( �T (. Subscribed and sworn to before me this day of 1 bat i: NOVEMBER 20 fir• ,j. bFFI ©Iu..._ KA EN w Npt�ry v Blatt,QfAloda' N o t a y Pub. n o r irir.,.a P i tttftr in,ce005 My Commission Expires: (1 ! kf3 _ 1 ► e , NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMM.__._.. In accordance with ARS 9-462,Arizona State Statutes,and Section 3-005.D.of the Oro Valley Zoning Code,Revised, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZON- ING COMMISSION REGARDING A REQUEST TO AMEND THE TOWN OF ORO -»r VALLEY GENERAL PLAN IS HEREBY GIVEN: .,.w TIME:at or after 6:00 p.m.Tuesday,December 2,2003 -+« PLACE:Oro Valley Town Hall,11000 N.La Canada Drive,Oro Valley,Arizona SUBJECT: PUBLIC HEARING: OV11-03-01, GENERAL PLAN AMENDMENT FOR AN 8.35 ACRE PROPERTY CONSISTING OF PARCEL NUMBERS 224-33- 007A,224-33-008A AND 224-33-011A,LOCATED AT THE NORTHWEST CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD, CHANGING THE LAND USE MAP DESIGNATION FROM "CP"—COMMERCE PARK LAND USE TO "MHDR"—MEDIUM HIGH DENSITY RESIDENTIAL. Mark Castro of Tierra Right of Way Services, representing the owner, DC Invest- ments,requests an amendment to the General Plan map. If approved,it would ena- ble consideration of a future application to rezone the site from TP-Technology Park to a residential district with approximately 65 single-family detached homes. Members of the public are invited to attend this meeting and will be given an opportu- nity to speak. An agenda for the meeting will be made available 24 hours prior to meeting time. The full text of the proposed General Plan Map Amendment is availa- ble during normal business hours at the Oro Valley Town Hall,Development Services Building,11000 La Canada Drive,Oro Valley,Arizona. Should you have any ques- tions regarding this matter,please contact Susana Montana at 229-4814 or smonta- na@orovalley.net.Is/Bayer Vella,AICP Senior Planner Pub:The Daily Territorial November 13,2003 Req:Town of Oro Valley pnovl1-03-01 kb .114 • • ••+h► s.wNr NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with ARS 9-462,Arizona State Statutes,and Section 3-005.D.of the Oro Valley Zoning Code,Revised, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION REGARDING A REQUEST TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN IS HEREBY GIVEN: TIME: at or after 6:00 p.m.Tuesday,December 2,2003 PLACE: Oro Valley Town Hall,11000 N.La Canada Drive,Oro Valley,Arizona SUBJECT: PUBLIC HEARING: OV11-03-01,GENERAL PLAN AMENDMENT FOR AN 8.35 ACRE PROPERTY CONSISTING OF PARCEL NUMBERS 224-33-007A,224-33-008A AND 224-33- 011A,LOCATED AT THE NORTHWEST CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD,CHANGING THE LAND USE MAP DESIGNATION FROM "CP"— COMMERCE PARK LAND USE TO "MHDR"—MEDIUM HIGH DENSITY RESIDENTIAL. Mark Castro of Tierra Right of Way Services,representing the owner,DC Investments,requests an amendment to the General Plan map. If approved,it would enable consideration of a future application to rezone the site from TP- Technology Park to a residential district with approximately 65 single-family detached homes. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for the meeting will be made available 24 hours prior to meeting time. The full text of the proposed General Plan Map Amendment is available during normal business hours at the Oro Valley Town Hall, Development Services Building, 11000 La Canada Drive,Oro Valley,Arizona. Should you have any questions regarding this matter,please contact Susana Montana at 229-4814 or smontana@orovalley.net. NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with ARS 9-462,Arizona State Statutes,and Section 3-005.D.of the Oro Valley Zoning Code,Revised, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION REGARDING A REQUEST TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN IS HEREBY GIVEN: TIME: at or after 6:00 p.m.Tuesday,December 2,2003 PLACE: Oro Valley Town Hall,11000 N.La Canada Drive,Oro Valley,Arizona SUBJECT: PUBLIC HEARING: OV11-03-01,GENERAL PLAN AMENDMENT FOR AN 8.35 ACRE PROPERTY CONSISTING OF PARCEL NUMBERS 224-33-007A,224-33-008A AND 224-33- 011A,LOCATED AT THE NORTHWEST CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD,CHANGING THE LAND USE MAP DESIGNATION FROM "CP"— COMMERCE PARK LAND USE TO "MHDR"—MEDIUM HIGH DENSITY RESIDENTIAL. Mark Castro of Tierra Right of Way Services,representing the owner,DC Investments,requests an amendment to the General Plan map. If approved,it would enable consideration of a future application to rezone the site from TP- Technology Park to a residential district with approximately 65 single-family detached homes. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for the meeting will be made available 24 hours prior to meeting time. The full text of the proposed General Plan Map Amendment is available during normal business hours at the Oro Valley Town Hall,Development Services Building, 11000 La Canada Drive,Oro Valley,Arizona. Should you have any questions regarding this matter,please contact Susana Montana at 229-4814 or smontana@orovalley.net. fOWN OF ORO VALLEY 1000 N. LaCanad ive 1 e4 4? ^ )ro Valley, AZ 85,.�, `�, ...' Q f .., tol4.1 4.II:.51:•,.r • ill(14,:c .: .:: ..:. ""'Aill.'-j' i' c,. .10 _,,t; . 021A 00.23°, .' ci't • 0004337343 NOV 07 2003 4�a° •=■ r% MAILED FROM ZIP CODE 85737 224333120 NJTo HUTSON ROBERT he/�Z--4O- T/RS 11263 8 MILE RD Fro4Fs „ BATTLE CREEK MI p SF ZF 49017-0000 j.01(4 1 a, Mull t1i1 1#1'11'11111illi i O W IN Ur UK() VALLEY [1000 N. LaCan, )rive )ro Valley, `� '' ,44trP& j 7Additional Returned for tip- - o 2 a Postage. Foreign Mail. Show " $ a0.23a q g ���� � . MAILED 43 NaV 07 2003 City, State, CountryFROM ZIP CODE 85737 224333070 JASKELA TRUDY C #403 1425 ESQUIMALT AVE WEST VANCOUVER BC V7T 1L1 CANADA 00000-0000 �pV 3 2��3 ac,.'.-7:..w7A.-7'i- TOWN OF ORO VALLEY 11000 N. LaCan Drive N Z Oro Valley, AZ ?SD i37 �,� , ... i4Kiczt'-.-.i f ---""12y.46,,_-&-:i !'!''•17;r 0004337343 NOV 07 2003 -_� rl , MAILED FROM ZIP CODE 85737 224333130 MERENDA VINCE&KATHERINE E CP/RS 65 E HORIZON CIR TUCSON AZ 85737-0000 • NOVNO• 1 7 2003 • r ; Itiailtifi{liitiiti! iitttiiittiii,„,t ttsta ntautitf ,OWN OF ORO VALLEY 1000 N. LaCana )rive A 2 )ro Valley, AZ 8S73�7 P � � 1 NOV 1 2 2003 7 : : 4a: ;� 02 M. ��2 F�',' J` ` 0004337343 NOV07 • - �-'' MAILED FROM ZIP CODE 83 i 37 224334820 HAINES THOMAS E&CYNTHIA C JT/RS 80 E CAROLWOOD DR NOT DELIVERABLE AS ADDRESSED ORO VALLEY AZ ` \ UNABLE TO FORWARD 85737-0000 ❑ NO MAIL RECEPTACLE 0 NO SUCH NUMBER/STREET n VACANT C7 UNCLAIMED J.l INSUFFICIENT ADDRESS ./g ) ❑ NEED APT/UNIT NUMBER ❑ NI'ED COMPANY NAME AND/OR SUITE NUMBER ❑ ATTEMPTED, NOT KWATN II1(ttttllt�.1}�1•}i}11'1.,1 ,}1 1 U W N OF UKU VALLEY 11000 N. LaCanada Drive ,:,°'"` ri 1 2 20Q3 -7,' Dro Valley, AZ 85737 :. A ��" "' i, ,r,' 1 if'-_,'y •!a{_ti Z �- NOV 1 2 2003 ,�,,s-,,Ojk'� `n!Ncy Bps ., �:,_ t:Imo. 0 2 A $ 00.23° �•- >~Ij •T' 0004337343 NOV07 2003 L. •' F.I! MAILED FROM ZIP CODE 85737 224320710 KLEIN M• '1 ONBETTY K&KLEIN DONALD S& KLEIN ° DERICK S TR 6121 ► CAMINO ALMONT ADDRESSEV TUr ON AZ DT ;LIVF.RAiC) 10R. D 85 18-0000 t1N AB1.1 0 NO 1MAIL is `,;.,;,,-.F.T /- St;��ii Nt1.„ ,,:CiA1MED A ! �. / 1� si' )1C 1i'' � ti��E R IC � S .11,1 1 ' , 0 ;,;' ; \ME , �� j i ?? f j ')) )) JI in l !1 ! ! l !!I!l1I1l�f!!I!!�il1!!! ifi !!!!!!! �t fl�� !!! !3 'OWN OF ORO VALLEY 1000 N. LaCanada Drive N A<> )ro Valley, AZ 85737 (-)° (9 � o' "" rel• O ; f � I� y z� :~ 02 14 `�. ' ers,k' n (223Oe vic-,! �.t.ir ' , 0004337343 NOV07 2003 f.4.: rz f'—: ._• MAILED FROM ZIP CODE 85737 224335120 RIOS GEORGINA PO BOX 12036 NOV 2 1 2003 TUCSON AZ 85732-0000 RI05036 857322003 1603 11 11/20/03 RETURN TO SENDER RIOS BOX CLOSED UNABLE TO FORWARD RETURN TO ea • TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION COMMUNICATION MEETING DATE: December 2,2003 TO: PLANNING AND ZONING COMMISSION FROM: Susana Montana, Planner II SUBJECT: PUBLIC HEARING: OV11-03-01, MARK CASTRO,REPRESENTING DC INVESTMENTS, SEEKS APPROVAL OF A GENERAL PLAN AMENDMENT CHANGING THE LAND USE MAP DESIGNATION OF AN 8.35 ACRE PARCEL FROM "CP", COMMERCE PARK TO "MHDR",MEDIUM HIGH DENSITY RESIDENTIAL, FOR THREE PARCELS LOCATED AT THE NORTHWEST CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD, PARCEL NUMBERS 224-33- 007A,224-33-008A AND 224-33-011A, OWNERSHIP: DC Investments. AGENT: Mark Castro of Tierra Right of Way Services PETITIONER'S REQUEST: On behalf of D.C. Investments, Mark Castro of Tierra Right of Way Services requests an amendment to the General Plan Land Use map designation for the three above-referenced parcels to change their designation from Commerce Park ("CP") land use to Medium High Density Residential (MHDR) land use. Please see Attachment 2 for a description of the Applicant's request. BACKGROUND: The three parcels are in single ownership. Two of the three parcels are undeveloped and one parcel was in residential use from the late 1950s to the late 1960s. The site and residential structure were converted to the corporate headquarters and storage yard of a land development company(Horizon Land Corporation) in the late 1960s. Newmont Mining Corporation purchased the property in 1973 and added to the existing structure and added storage structures. Some years ago, Amphitheater School District ("Amphi") purchased the site and vacant building to convert it to a school bus storage yard. Amphi abandoned that effort and the site and structure have been vacant since. SUMMARY: The site is zoned TP-Technology Park and is generally flat with about one-quarter of the land area developed with a building (currently abandoned) and surface parking; The remaining land is covered by dense native vegetation. The Applicant seeks a General Plan amendment to facilitate a rezoning of the property to allow construction of 50 to 65 single-family detached homes on lots of 40 feet by 90 feet dimensions. The existing structure would be demolished. The MHDR land use designation would allow from 5 to 10 dwelling units per acre which would be allowed within an R1-7 zoning district(allowing 6 units per acre) or an R-4 zoning district (allowing 8 units per acre). 1 • TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION COMMUNICATION Page 2 of 4 ANALYSIS: Site Environs The Site is included within the 1961 Horizon Heights subdivision as is designated therein as a commerce park (zoned TP). The Site is bounded by medium to high density residential uses ranging from 2 units per acre(2 RAC)to 6 RAC and 12 RAC on three sides; the parcel abutting the site to the west is vacant and zoned R-4(Townhouse Residential) (see the table below and Attachment 1--Location Map). Direction Subdivision No. Units Gen Plan Designation Zoning Units/Acre (RAC) North & Horizon 172 single MHDR(Medium High R-4 (Townhouse 2 RAC West Heights family Density Residential) Residential) attached homes East Pusch Ridge 176 units C (Commercial) R-6 (Multi-Family 12.4 RAC Apartments Residential) Southwest Sunstone 51 single MHDR R1-7 (Medium-Density 2.6 RAC Estates family homes Single Family _Residential) Southeast Villa Balboa 109 single MHDR R-4 6 RAC family homes _ The Proposed Project The Applicant seeks to designate the three parcels as MHDR on the General Plan Land Use Map to allow the development of single-family detached homes at a density of 5.1 to 10 RAC. The Technological Park (TP) zoning designation does not allow residential use. Therefore, the property would need both the General Plan map amendment from CP to MHDR and then a rezoning from TP to a residential district that would allow that density—probably an R1-7 District (allowing one home for each 7,000 square feet of lot area) or an R-4 District (allowing one home for each 5,450 sf of lot area). An R1-7 District would allow 51 homes on the 8.35 acre site (about 6 RAC) while an R-4 District would allow 66 homes on the site (about 8 RAC). The MHDR General Plan designation would allow either the R1-7 or the R-4 zoning designation, subject to Town Council approval. Neighborhood Concerns As the site is surrounded by residential subdivisions, neighbors were very concerned with the traffic, noise and other impacts of a potential school bus storage use for the site and they objected to that effort very strongly. The Applicant held a neighborhood meeting on November 19, 2003 to reveal the proposal for a residential subdivision. The neighbors who attended that meeting represented Homeowners Associations surrounding the site and they supported the residential use of the site with the caveats that (1) they would only support single- story homes and (2) if the homes were larger than 2 bedrooms, the developer should ensure that sufficient play areas for both small and older children were provided within the subdivision such that the children would not seek to play in neighboring subdivisions' common areas. The latter has been a problem in the past and the affected Homeowners' Associations have had to repair damages to the common areas. Each of the aforementioned issues would be more appropriately addressed during the rezoning phase of the project,when a tentative development plan will be provided. • TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION COMMUNICATION Page 3 of 4 Other Issues Due to the industrial nature of previous property occupants, a Phase I Environmental Site Assessment and Limited Asbestos Survey was conducted for the site in 1996. The assessment found asbestos within the building. Preliminary review of records for the site at the Pima County and Arizona Departments of Environmental Quality(DEQ) do not reveal any history of complaints. During a rezoning phase of this Project, staff would continue research to insure that proper clean-up measures are taken to remove any hazardous materials on the property; those measures are expected to be incorporated into any future rezoning staff- recommended conditions of approval. GENERAL PLAN ANALYSIS: Section 1.3 of the General Plan cites four findings that must be met when considering the granting of a General Plan amendment; they are: 1. That the amendment constitutes an overall improvement to the general plan and is not solely for the benefit of a particular land owner or owners at a particular point in time. The proposed amendment would facilitate the elimination of an abandoned commercial/quasi-light industrial use which is surrounded by medium to medium-high residential subdivisions. It would facilitate the conversion of this commercial "island"use to a comparable-density residential subdivision. 2. That the amendment is consistent with the vision, goals, and policies of the general plan. The amendment would strengthen the residential character of the surrounding neighborhood and would address Goal 1.2 of the General Plan: "Promote a compatible mix of land uses throughout the Oro Valley Planning Area." 3. That the general plan land use map does not provide appropriate optional sites for the use proposed in the amendment. There is only one other site designated for Medium High Residential Density within the Town and this parcel is zoned for low-density residential development. 4. That the amendment will not adversely impact the community as a whole, or a portion of the community without an acceptable means of mitigating these impacts through the subsequent zoning and development processes. The amendment will not adversely impact the community as a whole and any impacts associated with the removal of the existing structure, and its asbestos, is expected to be properly mitigated by conditions placed on the rezoning effort by staff, this Commission and the Town Council. In addition, due to the preponderance of senior citizen households in the surrounding subdivisions, it is expected that extra care will be taken, again, assured by conditions of approval placed on the rezoning action, to ameliorate any health hazards from fugitive dust,pollen or mold associated with the removal of native vegetation and the grading of the site. RECOMMENDATION: Staff recommends approval of the General Plan map amendment changing these parcels from Commerce Park (CP) to Medium High Density Residential (MHDR) because of the positive effects of the amendment described above and because the density proposed would be consistent with the densities of the surrounding neighborhood. • • TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION COMMUNICATION Page 4 of 4 SUGGESTED MOTIONS: I move to forward OV11-03-01, Desert Sky General Plan Map Amendment to the Council recommending approval. 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' a.a r ^ 4 y 4 I° , --A, er, eFa,F,r�, ` f .� - 1• � 'ri7 'i.F �+ :• K �r'" J. _ 1,41k-,^ ¢'i- • e e04pLLEY.9?4,6 ' 11 -0 . „ 0 A .� � M DESERT SAY 0 ' INE I' I- AN AMF \ D EN 'I, 4 .\‘ N, Right of Way Services SEP 2 9 2003 Oro Valley Planning Staff 11000 N. La Canada Drive Oro Valley, AZ 85737 Reference: Plan Amendment Narrative for Desert Sky Properties Dear Staff: The purpose of this request is to amend the portion of the General Plan that affects the following three (3) parcels: 224-33-007A, 224-33-008A, and 224-33-011A. We are proposing to amend the General Plan from CP (Commerce Park)to MHDR (Medium- High Density Residential). This land use designation will support the use of single-family detached development and, in addition, allow 5.1 to 10 dwelling units per acre. The current zoning of these three parcels is TP (Technological Park). All three parcels contribute to a site size of 8.35 acres. The parcel 224-33-007A is currently developed and is used as a one-story commercial office space. The remaining two parcels are undeveloped. As requested per policy of the amendment proposal, we feel that the following findings can be met: 1. The amendment, in its entirety, constitutes a benefit to the Town; and, 2. The amendment is substantially consistent with the vision, goals, and policies of the General Plan; and, 3. The amendment proposes acceptable means for mitigating any adverse impact on the community. r By developing develo in for detached single-family residential use, the proposed land use will have no severe impacts on the surrounding land uses. To the east of these parcels the zoning is R-6 (Multi-family Residential). The zoning north and west of these parcels is zoned as R-4 (Townhouse Residential) and to the south there are two zoning designators R-4 and R1-7 (Single-family Residential). This is a benefit to the community in that it is following the development patterns for the Town of Oro Valley and will not have any negative impacts to the surrounding uses since they are all currently residential. The vision for the Town of Oro Valley emphasizes the importance of having an improved community philosophy and a unique image for the future. The following are goals and how they are met through this proposed land use. The first goal stated in the plan encourages the preservation of the Sonoran Desert environment and scenic resources. The amendment will comply with Chapter 7 of the Town of Oro Valley Zoning Code, Randye K. Rabb, President, Broker 1575 East River Road, Suite 201 • Tucson, AZ 85718 • (520) 319-2106 • Fax: (520) 323-3326 Land Acquisition & Relocation Assistance • Archaeological & Environmental Survey & Mapping • Real Estate & Asset Management • Program & Construction Management F _ Right of Way Services specifically Section 7-504-B.1 -6 in reference to open space requirements. Property Development Standards requires that thirty-five percent (35%) of net lot area will be designated as open space in order to protect environmentally sensitive areas. This is vital to the preservation of Oro Valley's natural Sonoran Desert environment and scenic resources. The second goal encourages the compatible mix of land uses. The proposed site location for residential development will be located near activity centers and an arterial road, thus reducing travel times. The location of higher density land uses, such as this development, needs to be near a major transportation corridor as stated in the policy described by the General Plan. This site is located just west of Oracle Road, which would support this policy. This will promote compatible land uses throughout the Oro Valley Planning Area. The third goal encourages joint land use planning and the shared use of facilities. The proposed residential development encourages more joint planning and strengthens an already existing relationship between the Town and Amphitheater Public School district. This supports the policies that are described under this goal. The fourth goal states that there will be no financial burden emplaced on those existing residents surrounding this site. By developing this site as residential, this will attract more residents and therefore will have no negative impacts on property values. The proposed amendment does not impose any adverse impacts on the community. The proposed land use will blend in with the surrounding land uses. The increased density of the land use and the location of the site will accommodate the goals as described in the Land Use Element of the plan. In conclusion, based on the findings for the plan amendment, there is evidence that this amendment will benefit the Town, remain consistent with the vision, goals, and policies of the plan, and will provide acceptable means for mitigating any adverse impacts on the community. The requested amendment of the General Plan supports Oro Valley's vision for the future by protecting the integrity of the environment through high-density residential development and strengthening an already existing infrastructure by well planned and appropriate land uses. We hope that these findings will be sufficient in determining a decision for the plan amendment. If you require further information please contact me at (520) 319-2106. Sincerely, 1U- Mark Castro, Planner Tierra Right of Way Services, Ltd. Randye K. Rabb, President, Broker 1575 East River Road, Suite 201 • Tucson, AZ 85718 • (520) 319-2106 • Fax: (520) 323-3326 Land Acquisition & Relocation Assistance • Archaeological & Environmental Survey & Mapping • Real Estate & Asset Management • Program & Construction Management Page 1 of 2 Chapman, Diane From: JBurke0131@aol.com Sent: Monday, December 01, 2003 11:19 AM To: dchapman@orovalley.net Subject: Comments to be forwarded to Mr. Bill Moody Diane, Re: Public Hearing: OV11-03-01 General Plan Amendment for an 8.35 acre property located at the Northwest Corner of Desert Sky Road and Valle Del Oro Road, changing the land use map from "CP" to "MHDR" We live in Sunstone Estates, the community that is across Desert Sky Road to the south of the 8.35 acres in question. As I recall, our development consists of approximately 50 homes on approximately 25 acres. While we would prefer that the property in question be zoned for single family stand alone residences, we cannot imagine getting 50 to 65 homes on this small parcel without making them two stories. We have a strong objection to having two story homes across the street from our property. It would completely eliminate any privacy we have in our yard or our home. Our gated community of 50 homes has ONE entrance (and one emergency gate which is locked and has never been used). We would also prefer that the entrance(s) to this proposed development be on Valle Del Oro Road rather than Desert Sky Road to preserve the reasonably quiet atmosphere we expected when we purchased our home. We thank you for your attention to our concerns. Jan and Bill Burke 175 E Silverstone Place Oro Valley, AZ 85737 This E-mail has been scanned by McAfee WebShield and is delivered to you virus free. .�3 APPROVED MINUTES PLANNING COMMISSION REGULAR SESSION DECEMBER 2, 2003 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:00 PM CALL TO ORDER ROLL CALL PRESENT: Chair Bill Moody Vice Chair Don Cox Commissioner Pete Bistany Commissioner Don Manross Commissioner Robert Krenkowitz Commissioner John Anning EXCUSED: Commissioner Ken Kinared Others Present: Mayor Loomis Werner Wolff, Council Member Mark Langlitz, Town Attorney Craig Civalier, P.E. Development Review Division Manager Bryant Nodine, AICP, Planning and Zoning Administrator Susana Montana, Planner II Bill Adler, Board of Adjustments Lyra Done, Budget and Bond Committee Conny Culver, Development Review Board CALL TO THE AUDIENCE AT 6:04 P.M. Bill Adler, 10720 N. Eagle Eye Place, Oro Valley stated that during the rezoning process we need to consider quality of land as we consider the intended use. Quality of the land can be dismissed because we have a Native Plant Preservation and Salvage Ordinance, open space requirements, recreational space requirements, buffer requirements, etc., and that appears to some to take into account the quality of the land. It is his impression that quality of land is not just the plants, vegetation, or subtle contours. The level of density should be at the lower range of allowable density. If it is a commercial rezoning, take into account the permitted uses and square footage allowable. It should be at the lower range of the intensities. He suggests that this should be factored in as a future item to be considered. CALL TO THE AUDIENCE CLOSED AT 6:07 P.M. December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 2 MINUTES MOTION: Vice Chair Cox MOVED to approve the Planning and Zoning Commission meeting minutes from November 4, 2003. Commissioner Manross seconded the motion. Motion carried 6 yes, 0 no vote. 1. PUBLIC HEARING: OV9-03-03, ZONING AMENDMENT FOR A 76.5 ACRE PORTION OF A 79.5 ACRE PARCEL (NO. 220-090-160) LOCATED EAST AND NORTH OF THE INTERSECTION OF FIRST AVENUE AND LAMBERT LANE, CHANGING THE LAND USE DESIGNATION OF THIS PROPERTY FROM MIXED USE (COMMERCIAL, MULTI-FAMILY RESIDENTIAL AND LOW-DENSITY RESIDENTIAL) TO SINGLE-FAMILY RESIDENTIAL AND CREATING NEW DEVELOPMENT STANDARDS FOR THE NEW "AREA Z" SUB- AREA. THE REZONING APPLICATION IS ACCOMPANIED BY A TENTATIVE DEVELOPMENT PLAN SHOWING A SINGLE-FAMILY DETACHED HOME SUBDIVISION OF 160 LOTS. Keri Silvyn, One S. Church Avenue, Tucson, represents the developer, CDO Partners. Also present are Rob Longaker and Charley Hulsey, WLB Group and Blake Hastings from CDO Partners. The original Rooney Ranch PAD was a much larger parcel that included the subject parcel, the Home Depot and the Fry's parcels that are currently developed. It was a PAD entitled for a mix of uses, residential, commercial, and office. The 76.5 acres at issue tonight is currently entitled for a combination of more office, commercial, neighborhood recreation, multi- use recreation and some single family residential uses, essentially the equivalent of the mixed use neighborhood type of a development. CDO Partners monitored the General Plan process very closely, listening to the Town resident's wishes for the future planning of the Town as well as talking to the neighbors most affected by this development. The preference was that there be no mixed use type of development, no apartments and no other type of multifamily dwelling units. We looked at what the market was dictating for housing in Oro Valley, and it indicated single family residential homes. CDO Partners met with a number of prospective builders, looked at the cost of development and determined the minimum number of lots needed to maintain the current market demand. The PAD amendment proposes 152 single family residences on 76.5 acres. Seven lots have been deleted since the last meeting to accommodate staffs previous request that the cut and fills be limited to 15 feet. There is 40% of the land dedicated to open space. There will be 4 recreation areas totaling approximate 2 acres. All recreation areas will be connected by sidewalks and trails. This land use proposal offers a much less dense development than the property is currently entitled, which results in less traffic noise and other consequences of higher density and intensity uses. Rob Longaker,WLB Group 4444 E. Broadway, Tucson, discussed design elements of the project. Architectural style will abide by all criterion in the zoning code. Incorporated into the development are varied front yard setbacks, varied elevations and floor plans, staggering and varying locations of one and two story homes. The project will adhere to landscape standards established by the Town. The project proposes a 25 foot buffer yard along First Avenue and will use drought tolerant, low water use plants, xeroscaping, and native plant preservation. This project will comply with Chapters 10 and 15 of the zoning code regarding grading with two exceptions. What is proposed is approximately 3 acres graded into the 25% slopes. (Map was • December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 3 shown detailing where the grading would be done.) Other project's, that have been graded into 25% slopes, guidelines have been incorporated into this project. Mr. Longaker showed slides of sample slope treatments in other projects using earth colors and a variety of bench treatments with landscaping. The proposed bench would be approximately 8 feet wide allowing for more landscaping. Mr. Longaker presented visual analysis photos from various vantage points around the property showing how the property would look before and after development. There was also a slide showing a connector road to the north. A second connection would be difficult to place due to topographical issues with the property to the north. Keri Silvyn stated that since the continuance from last month there have been a number of discussions with Town Staff. Almost all of the conditions from Exhibit A have been incorporated as proposed by Staff. There are a few items the applicant has exceptions to in Exhibit A. OVZC, Sections 10-307 and 10-308 list the 1996 General Plan requirements that apply to a PAD application and list certain specific and required findings for a PAD amendment. Ms. Silvyn distributed a matrix that describes how they meet the required 80% of the General Plan requirements in Section 10-307 and a number of specific findings as well. Section 10-307 lists 48 General Plan criteria, 35 of which apply to a residential type development. They meet 30 of those criteria, which is 86% of the required 80%. She provided a modified version of Attachment 1. They feel the grading proposed is appropriate for the site and request that conditions 1 and 12 be removed to allow the 15 foot cuts and fills and grading into a limited number of 25% slopes. Condition #2 B and C, they acknowledge that they have to complete a letter of map revision through FEMA to remove approximately 5 acres of the property from the 100 year flood plain. They are comfortable with Condition 2B that they demonstrate the pre- development and post-development during each 100 year event is not changed. It is a requirement during the platting process. Condition#3 deletes the word "collector" street as the traffic impact analysis doesn't justify a collector street. They have asked for Condition #7 to be deleted, as the Town approved traffic impact analysis specifically states that an access off North First Avenue from that 3 acre parcel could be safe. The concerns related to access on North First Avenue should be addressed in the development stage of that 3 acre parcel. They request a modification of Condition 12 D. The currently proposed PAD provides a modified framework for determining a substantial change to the PAD. That language has been in there since they resubmitted at the end of the summer. It is not a new section. The primary reason for this change is that there is no specific homebuilder involved with this project currently. They would like to provide the standards in the PAD document but still have some flexibility with the TDP depending upon the developer that comes in. The following areas are where they are asking for some flexibility with the backstop that they still have to comply with the PAD requirements: • Lot size and number of lots, providing that the lots have to conform to or exceed the minimum development standards established by the PAD. • The drainage scheme shown on the TDP may vary particularly if lot configuration changes. However, it still must comply with the OV floodplain management code and drainage criteria including the requirement that the pre and post development drainage cannot change. December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 4 • Treatment of graded slopes shown on the TDP could vary, but still must comply with the grading standards. They would like the language modified to indicate that the grading limits cannot extend beyond the limits on the TDP to provide the assurance that no more than 3 acres of the 25% slopes would be graded. • Layout of streets to vary so circulation still provides a logical and efficient movement of vehicles and the circulation plan cannot contradict the traffic impact analysis. When the plat comes forward, with these potential changes, it still has to go through Staff, DRB and Town Council for compliance with this PAD document for approval. This amendment meets the required number of General Plan criteria per the section of the code dealing with PADs. It is supported by the neighbors most affected by this development and it makes good planning sense. Ms. Silvyn responded to Commissioner Krenkowitz question regarding page 2 from the Staff Report about the applicant not providing the required analysis of the project to both upstream and downstream watersheds, that Section 10-300 requiring certain information being provided at the time of the PAD. That information has been provided. What Staff is asking for is more detailed analysis as to up and down stream drainage effects, which is required at the time of platting. Commissioner Krenkowitz felt that the issue of up and downstream drainage effects is so critical that he felt if the applicant could not address this issue now that he would not recommend it going forward to Council. Mr. Longaker said that WLB's staff hydrologist has done a preliminary examination regarding this issue. Two major hydraulic occurrences happen in this project: (1) There are flows that are entering the northern part of the site and there are essentially three defined washes on the site. The eastern wash will have a limited bank protection. An encroachment analysis was done which quantified how much water goes through the project. The analysis says how much the area can be shrunk down without creating negative effects either up or downstream. The bank protection does not negatively effect either up or downstream. The same is true of the western wash. (2) FEMA has mapped the 100 year floodplain for the CDO Wash. In order to build in that area, the applicant plans to remove the area from the floodplain and use the criteria necessary to do so. The bank protection necessary will not increase the water surface elevation or velocity and as a consequence does not negatively affect the watersheds. Mr. Nodine presented the Staff Report. The applicant has revised the project based on our discussion and has revised Exhibit A with some minor changes to some of the conditions. Issues still of concern are: The 25% slope, area still affected has about 3 acres with 25 slopes, the CDO floodplain and cross access. Mr. Civalier does not agree with the applicant about the upstream and downstream impacts. The Code Section 3-104-4-e-3 and 4 specifically states you need to look at the up and downstream effects during rezoning. He wants the developer to be responsible for any effects there are. The preliminary report submitted to the Town and County was insufficient. Mr. Civalier is less concerned about the on-site floodplains vs. the eastern one because they are much smaller. December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 5 Mr. Civalier said that after review of the traffic impact report the Town Engineer would not allow another access to the commercial site on First Avenue because it is too close to the bridge. There should be a collector street and it should go north to Palisades. Staff is also concerned about the location of the connection street proposed to the north. Connection streets should be located where the major body of lots is and there would need to be a cut through for that. Mr. Nodine stated that the applicant brought up the fact of precedents for the 25% slope. Oro Valley Town Center is a site that has no flat areas in the residential portion, and the only way to make it work was to allow encroachment for the homes to the north into some 25% slopes. In the Rancho Vistoso area there was a PAD that was developed at a scale that did not pick up all the 25% slopes, so there were development areas that were shown that had 25% slopes and text that said no development in 25% slopes. We had to look at how to address the discrepancy in the PAD and a trade provision within the PAD to allow that. In this case the 25% slopes are mapped and we are proposing the development follow the code as it is established to avoid the encroachment into the 25% slopes. The project does conform to the General Plan and many of the policies. Staffs concern is about access, slope, and floodplain, etc. A PAD should be based on the Zoning Districts within the Code and then to achieve a superior product from what was provided within that zoning district. With the grading of the 25% slopes and the additional cuts and fills, Staff is not convinced that a superior product has been achieved. Staff was concerned that the PAD allows more flexibility in terms of future changes to the TDP without the process of going to the Planning and Zoning Commission and the Town Council. Mr. Nodine said that it is a good plan. It has the types of uses and products that the Town wants to see. How it gets adjusted and treated in the future is why Staff is recommending denial. Staff would encourage the Commission to try to move this forward and include conditions in Exhibit A to create a product that would be what the Town is looking for. Mr. Civalier told Chair Moody the Town plans to start work on widening First Avenue next fall. Mr. Civalier responded to Vice Chair Cox that Pusch View Lane across the CDO is going to help traffic in this area. There will be approximately 300 left turns in the peak hour at the intersection of Lambert and First and most of those will be diverted to Pusch View. The size of this development is not high impact. The improvements of four lanes divided plus north left turns lanes should offset any impacts. The La Canada Extension which will begin next spring should also help take the traffic burden off First for traffic going to Rancho Vistoso Boulevard. Mr. Civalier said that it is true that until all flood or water flow issues are addressed to satisfy the Town, Pima County and FEMA, the applicant cannot build homes. All problems will be solved before building. Vice Chair Cox said that although we continue to address connectivity that the Town continues to build compounds with no connectivity. • December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 6 Mr. Nodine told Commissioner Bistany that an analysis was not done on what the project would look like from Oracle going north, but he would be very surprised if it was visible. It would be visible from walking down the wash and the trail along the wash. If it were visible from Oracle, it would look like some very small rooftops tucked in between some hills. Commissioner Bistany feels that the applicant is trying to fit a lot of homes in topography that can't accommodate those homes. He would like to see before and after photos from the east side of the hills. PUBLIC HEARING opened at 7:10 p.m. Helen Dankwerth, 11515 N. Flying Bird Drive, Oro Valley, asked the Commission to please listen to the Staff Report which offers expert opinions. If denial is recommend on the basis of lack of compliance with pre-approval requirements of our existing codes, as well as lack of documentation required by Pima County Flood Control District, then granting approval would be tantamount to saying that you have little confidence in Staffs opinion, but seem disposed to approve based on what benefits the developer rather than citizenry. I understand and completely agree with the desire of close neighbors for single family homes rather than apartments. However, the new plan as shown, while an improvement over the first display of a few weeks ago, still shows the plats to be of singularly unimaginative design, apparently intended to cram the most homes into the area with little regard to providing an aesthetic balance and natural fit between topography and construction. Furthermore, this is an area which with the Pusch Ridge Bridge extension will still experience ever more traffic in the near future. Apparently the neighbors were under the mistaken opinion that there would be a traffic light at Naranja and Oracle, which according to the Staff Report is not a sure thing. She implores the Commission to act wisely. Insist on conformity with our codes and respect the Staffs opinion. Sue Fry, 10929 N. First Avenue, Oro Valley, would like to state again her support for this rezoning. All the neighbors most directly impacted by this rezoning are here in the audience. We don't want commercial, multi-family, mixed use on this site. We want residential. At the last meeting some compared this property to the Kai property to the north. The committee knows the zoning between the two cannot be compared. However, the property's current approved zoning can be compared to the Lambert/La Canada PAD where apartments are now being built. She asked that the Commission not loose sight that the owner/developer of the PAD already has an approved plan that the neighbors want. Bryant Nodine said last month that this residential rezoning is in line with the proposed Oro Valley General Plan and the wishes of its citizenry, because it is lower in density and not mixed use. Whether commercial or residential is built, there will be grading. It should be controlled. The applicant promised to keep the three hills that face First Avenue intact. They have tried to minimize the grading in their plans as much as possible given the amount of fill needed. The presentation of this planned community is aesthetically pleasing to the surrounding area, much more pleasing than the back side of Fry's, Home Depot, Albertson's, and Target, etc. Also more pleasing than apartments and commercial would be on that piece of property. The rezoning issue is not difficult. Just envision a nestled community of single family residential homes behind the hills on First Avenue vs. a cold and boxy commercial and apartment complex with their parking lots of cars and the transience it will bring to our neighborhood. • December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 7 Bill Adler, 10720 N. Eagle Eye Place, Oro Valley, said the applicant used the word entitlement. They may be entitled to certain uses. But they are not entitled to wreck havoc on the land, which is what they are proposing to do whether they build apartments, commercial or single family homes. He thinks we need to factor in the quality of the land. One of the entitlements of Oro Valley residents is to count on employees and elected and appointed officials to preserve, protect and enhance where possible the natural amenities and visual resources of the Town. The conditions in Rancho Vistoso and the Town Center are not the same, so are not precedent setting. The purpose of the planned area development zoning is to allow customized designing of development standards to result in a superior project. When washes are filled flows are diverted. Cutting into 15% and 25% slopes change the nature of the land rather than building to the land. This is the reverse of what citizens want. His concern is not visibility as much as it is respect for the land. It seems that compliance with reasonable zoning code expectations is a requirement. He does not believe this project conforms to the General Plan. The General Plan requires that the built environment conform to the natural environment. He thinks the grading should be treated as a variance. There should be a study session to meet with the applicants on this. Conny Culver, 10503 N. Fairway Vista Lane, Oro Valley said that on November 4 the Commission continued this hearing. At that time the applicant agreed to all the conditions in Exhibit A. Since then the only conditions met by the applicant have been minor. The applicant continues to ignore four major conditions. They plan to develop the wash and build homes in the floodplain, by doing so the flow will move faster and potential damage to property downstream has not been eliminated. The applicant claimed they were confident they were okay. Pima County isn't. Staff isn't and neither is she. The zoning code should be honored on this issue. This project proposes removal of many slopes. We must respect and preserve the slopes. Cuts and fills up to 19 feet are shameful. Everyone in Town knows this property and that mass grading would a desecration. The applicant is currently committed to build dusters of single family homes within the available limits. She thinks Ms. Fry and her neighbors would be much happier with that situation than a string of homes. Traffic along First Avenue is already problematic so she would instruct the applicant to cooperate with the traffic engineer and deliver an acceptable traffic plan. To all of this, add the blatant attempt to exclude the Commission and the Town Council from further proposed changes on this site, the applicant is dearly attempting to circumvent the zoning code. They call it flexibility. If the TDP changes they must come back to the Commission. There could be significant buffers between these uses if mixed uses were built. The violations of our code and General Plan are unacceptable. She asks the Commission to continue this hearing and instruct the applicant to meet all of our development standards, submit the required reports and conform to the policies of our General Plan, then and only then should this project be sent to the Town Council. When she fought to make Beztek a better project, she learned the judgment of citizens and volunteer boards and commissions is set aside all too often. Don't allow this to be another example of victimizing the citizens of Oro Valley. PUBLIC HEARING closed at 7:20 p.m. There was discussion on how the community has changed since the PAD was approved in 1989, and vested rights of the applicant for the current zoning. The neighbors want single family residential. Exhibit A takes the applicant closer to what is wanted, but the applicant does not want to follow Exhibit A exactly. December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 8 Vice Chair Cox asked if this project as presented would present to the Town of Oro Valley and the citizenry, something that will improve the Town and property values of everybody in the Town, or will it deter from the property values? His goal is to move the project forward and do what is best for the Town of Oro Valley. If the project was moved forward with reservations on Exhibit A, the applicant would have a chance to make changes if he so desired and the Town Council would have the final say. MOTION: Commissioner Krenkowitz MOVED to forward OV9-03-03 to the Town Council recommending approval with all of the conditions listed in Attachment 1 to the Staff Report so as to bring the project into compliance with the Oro Valley Zoning Code Revised and into conformity with the General Plan. Commissioner Manross seconded the motion. Motion carried with 6 yes, 0 no vote. BREAK: 7:40 p.m. to 7:50 p.m. 2. PUBLIC HEARING: OV11-03-01, GENERAL PLAN AMENDMENT FOR AN 8.35 ACRE PROPERTY CONSISTING OF PARCEL NUMBERS 224-33-007A, 224-33-008A and 224-33- 011A, LOCATED AT THE NORTHWEST CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD, CHANGING THE LAND USE MAP DESIGNATION FROM A "CP"— COMMERCE PARK LAND USE DESIGNATION TO A "MHDR"—MEDIUM HIGH DENSITY RESIDENTIAL DESIGNATION. Mark Castro, Tierra Right of Way Services, 1875 E. River Street, Suite 201, Tucson is representing DC Investments in this General Plan Amendment. He gave a brief background of the property, the purpose for the plan amendment and a summary. He presented a preliminary concept plan which would provide 53 lots meeting the R6 development standards and goal of the client, which is to maximize the use of the property. There is a 15 foot buffer yard that goes around the property, open space and detention basins. The findings that must be met to support the plan amendment: 1. The amendment constitutes a benefit to the Town. The medium high density use development will have a positive impact on the tax base by attracting more property owners to the site. This will also add to the consumer base. The existing structure will be demolished eliminating an eye-sore that has been there for several years. 2. The amendment is substantially consistent with vision, goals and policies of the General Plan. It is surrounded by residential use and so this development would remain consistent with the surrounding uses. 3. The amendment proposes acceptable means for mitigating any adverse impact on the community. It will not impose any impacts on the community. In conclusion the current use of this property has not attracted any further interest for commercial business given its low visibility and location within a residential neighborhood. Mr. Nodine clarified that we are not approving a concept plan tonight as part of a general plan amendment. The concept plan was just presented by the applicant as an additional item. The applicant has addressed many issues that were in the Staff Report, so Mr. Nodine only addressed the General Plan analysis and the findings. • December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 9 PUBLIC HEARING opened at 8:00 p.m. William Huneycutt, 189 Silverstone Place, Oro Valley, asked that the plan have single story housing at least on the outer edge. The exit has very little traffic on Desert Sky and Eggleston because it is not a major street. He would prefer that the exit not be lined up Eggleston to keep people from running the stop sign and going through too fast. Bill Adler, 10720 N. Eagle Eye Place, Oro Valley, said that he is satisfied that this proposal proves that the four findings of fact in the 1996 General Plan not only are adequate and fair, but obviously can be met. He supports the amendment. Mr. Adler feels the nature of the land is what he was referring to in the call to the audience. The quality of this land is a bit unusual. It is not environmentally sensitive, not riparian, but very nicely vegetated and it seems that the amendment should be to medium density residential rather than high density, in order to have larger lots and show more respect for the land. He would like to avoid mass grading. PUBLIC HEARING closed at 8:04 p.m. MOTION: Commissioner Manross MOVED to forward OV11-03-01, Desert Sky General Plan Map Amendment to the Council recommending approval. Vice Chair Cox seconded the motion. Motion carried with 6 yes, 0 no vote. 3. PUBLIC HEARING — OV9-03-29, THE PLANNING AND ZONING COMMISSION OF THE TOWN OF ORO VALLEY WILL CONSIDER ONE OF THE FOLLOWING ACTIONS CONCERNING THAT PORTION OF THE MONTERRA HILLS PAD, LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD WEST OF MONTERRA VISTA DRIVE (1) ALLOW THE CURRENT ZONING TO EXPIRE PER THE PAD DOCUMENT, (2) EXTEND THE ZONING FOR A PERIOD OF TIME OR (3) REZONE THE PROPERTY, PARCEL 224-018-270 Mr. Nodine stated that Staff has a letter from Larry Schubart, Attorney, who has asked that this item be continued. He would like to research the case to make a determination of his own whether they have met the zoning conditions. Staff agrees with providing them with the time to do that and would recommend continuance of the case to the January meeting, making the date non-specific. PUBLIC HEARING opened at 8:09 p.m. Joseph Watson, 11879 N. Potos Point Drive, Oro Valley, said the area south of Tangerine and west of Monterra Vista is a small area and he doesn't feel it warrants the zoning of Technology Park. There are severe sloping and a beautiful wash there. He would like the area to continue its current zoning and maybe the Town could consider absorbing the area into the Town Park. PUBLIC HEARING closed at 8:10 p.m. MOTION: Commissioner Krenkowitz MOVED that the Planning and Zoning Commission continue consideration of OV9-03-29 to the next meeting in January of the Commission. Vice Chair Cox seconded the motion. Discussion: Commissioner Anning said he would like to see graphics for this project at that meeting. Motion carried with 6 yes, 0 no vote. December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 10 4. PUBLIC HEARING:- OV9-03-28, STAFF REQUESTS A ZONING OVERLAY MAP AMENDMENT TO REMOVE 39 PARCELS FROM THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD. Mr. Nodine said this project had been noticed, and working with Staff, realized that this would not be ready as more research should be done. MOTION: Commissioner Anning MOVED to continue this item to the next meeting in January. Vice Chair Cox seconded the motion. Motion carried with 6 yes, 0 no vote. 5. OV7-03-01, REQUEST TO EXPAND THE INITIATION OF AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED CHAPTER 12 (SIGNS) TO INCLUDE CHAPTERS 3 (PROCEDURES) Mr. Nodine said that Staff had been working the amendment to the sign code to address sign packages for developments and realized that Chapter 3 had to be done at the same time. MOTION: Vice Chair Cox MOVED to expand the initiation of amendments to the Oro Valley Zoning Code Revised, Chapter 12, signs to include Chapter 3, Procedures. Commissioner Manross seconded the motion. Motion carried with 6 yes, 0 no vote. 6. PLANNING AND ZONING COMMISSION RULES AND PROCEDURES: DISCUSSION AND ACTION REGARDING FILLING VACANCIES, CONFLICTS OF INTEREST, PLACEMENT OF ITEMS ON THE AGENDA, AND THE ORDER OF BUSINESS Mr. Nodine said that Commissioner Krenkowitz would like to add some changes to what has been provided, so Staff is recommending a continuance. MOTION: Commissioner Bistany MOVED to continue this item. Vice Chair Cox seconded the motion. Motion carried with 6 yes, 0 no vote. PLANNING UPDATE No update at this time. ADJOURN REGULAR SESSION MOTION: Vice Chair. Cox MOVED to adjourn the Planning and Zoning Commission meeting. Commissioner Manross seconded. Motion carried with 6 yes, 0 no vote. Meeting adjourned at 8:15 p.m. Respectfully submitted, Diane Chapman, Recor ng Secretary P"LEY__. q� TOWN OF ORO VALLEY 04 0 ? COMMUNITY DEVELOPMENT DEPARTMENT Planning and Zoning • Building Safety I,. 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 Oro Valley Public Library A AA. 1305 W.Naranja Drive,Oro Valley,AZ 85737• (520)229-5300•Fax(520)229-5319 A. Parks and Recreation Pr UN DE D 1g1Dk 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 December 3, 2003 Mark Castro Cheryl Hall Tierra Right of Way Services 1575 East River Road, Suite 201 Tucson, AZ 85718 Fax: 520. 323-3326 RE: OV11-03-01; Planning and Zoning Commission action of December 2, 2003 on the proposed Desert Sky Road General Plan Amendment submittal for Parcel Nos. 224-33-007A, 224-33-008A, and 224-33-011 A. Dear Mark and Cheryl: On December 2, 2003 the Planning and Zoning Commission voted unanimously(6—0) to recommend approval of the proposed General Plan Amendment for the above-referenced properties. Your September 29, 2003 request letter and the Commission's recommendation will be presented in a staff case report to the Town Council for their consideration at their January 21, 2004 hearing; no new submittal from you will be required. At the January 21, 2004 hearing,please be prepared to present your request as you did before the Commission on December 2nd. Please feel free to call me if you have any questions about the Commission's action or the Town Council hearing; I can be reached at 229-4814 or smontana@orovalley.net. Sincerely, Susana Montana, Planner II C: TOV: Shirley Gay,Bryant Nodine,Bayer Vella Chris Phillips,D&C Investments Co.,Fax: 520.320-5532 F:\OV\OV11\2003\OV11-03-01\Correspondence\Dec PZC action ltr.doc www.townoforovalley.com TOWN OF ORO VALLEY 'OWN COUNCIL COMMUNICATION MEETING DATE: January 21, 2004 TO: HONORABLE MAYOR AND COUNCIL FROM: Susana Montana, Planner II SUBJECT: PUBLIC HEARING: ORDINANCE NO. (0) 04-04 ,OV11-03-01, MARK CASTRO, REPRESENTING DC INVESTMENTS, SEEKS APPROVAL OF A GENERAL PLAN AMENDMENT CHANGING THE LAND USE MAP DESIGNATION OF AN 8.35 ACRE PARCEL FROM "CP", COMMERCE PARK TO "MHDR", MEDIUM HIGH DENSITY RESIDENTIAL, FOR THREE PARCELS LOCATED AT THE NORTHWEST CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD, PARCEL NUMBERS 224-33- 007A, 224-33-008A AND 224-33-011A. PETITIONER'S REQUEST: On behalf of D.C. Investments, Mark Castro of Tierra Right of Way Services requests an amendment to the General Plan Land Use map designation for the three above-referenced parcels to change their designation from Commerce Park ("CP") land use to Medium High Density Residential (MHDR) land use. Please see Lttachment 2 for a description of the Applicant's request. (Note: Both the 1996 General Plan and the proposed 003 General Plan designate the area as CP.) BACKGROUND: The three parcels at the northwest corner of Desert Sky Road and Valle del Oro Road are in single ownership. Two of the three parcels are undeveloped and one parcel was in residential use from the late 1950s to the late 1960s. The site and residential structure were converted to the corporate headquarters and storage yard of a land development company(Horizon Land Corporation) in the late 1960s. Newmont Mining Corporation purchased the property in 1973 and added to the existing structure and added storage structures. Some years ago, Amphitheater School District ("Amphi") purchased the site and vacant building to convert it to a school bus storage yard. Amphi abandoned that effort and the site and structure have been vacant since. SUMMARY: The site is zoned TP-Technology Park and is generally flat with about one-quarter of the land area developed with a building (currently abandoned) and surface parking; The remaining land is covered by dense native vegetation. The Applicant seeks a General Plan amendment to facilitate a rezoning of the property to allow construction of 50 to 65 single-family detached homes on lots of 40 feet by 90 feet dimensions. The existing structure would be demolished. The MHDR land use designation would allow from 5 to 10 dwelling units per acre which would be allowed iithin an R1-7 zoning district (allowing 6 units per acre) or an R-4 zoning district (allowing 8 units per acre). TOWN OF ORO VALLEY ,OWN COUNCIL COMMUNICATION Page 2 of 4 ANALYSIS: Site Environs The Site is included within the 1961 Horizon Heights subdivision as is designated therein as a commerce park (zoned TP). The Site is bounded by medium to high density residential uses ranging from 2 units per acre(2 RAC) to 6 RAC and 12 RAC on three sides; the parcel abutting the site to the west is vacant and zoned R-4 (Townhouse Residential) (see the table below and Attachment 1--Location Map). Direction Subdivision No. Units Gen Plan Designation Zoning Units/Acre (RAC) North& Horizon 172 single MHDR(Medium High R-4 (Townhouse 2 RAC West Heights family Density Residential) Residential) attached homes East Pusch Ridge 176 units C (Commercial) R-6 (Multi-Family 12.4 RAC Apartments Residential) Southwest Sunstone 51 single MHDR R1-7 (Medium-Density 2.6 RAC Estates family homes Single Family Residential) >outheast Villa Balboa 109 single MHDR R-4 6 RAC family homes The Proposed Project The Applicant seeks to designate the three parcels as MHDR on the General Plan Land Use Map to allow the development of single-family detached homes at a density of 5.1 to 10 RAC. The Technological Park (TP) zoning designation does not allow residential use. Therefore, the property would need both the General Plan map amendment from CP to MHDR and then a rezoning from TP to a residential district that would allow that density. Neighborhood Concerns As the site is surrounded by residential subdivisions, neighbors were very concerned with the traffic, noise and other impacts of a potential school bus storage use for the site and they objected to that effort very strongly. The Applicant held a neighborhood meeting on November 19, 2003 to reveal the proposal for a residential subdivision. The neighbors who attended that meeting represented Homeowners Associations surrounding the site and they supported the residential use of the site with the caveats that (1) they would only support single- story homes and (2) if the homes were larger than 2 bedrooms, the developer should ensure that sufficient play areas for both small and older children were provided within the subdivision such that the children would not seek to play in neighboring subdivisions' common areas. The latter has been a problem in the area and the affected Homeowners' Associations have had to repair damages to the common areas. ach of the aforementioned issues would be more appropriately addressed during the rezoning phase of the )roject, when a tentative development plan will be provided. • TOWN OF ORO VALLEY 'OWN COUNCIL COMMUNICATION Page 3 of 4 Other Issues Due to the industrial nature of previous property occupants, a Phase I Environmental Site Assessment and Limited Asbestos Survey was conducted for the site in 1996. The assessment found asbestos within the building. Preliminary review of records for the site at the Pima County and Arizona Departments of Environmental Quality(DEQ) do not reveal any history of complaints. During a rezoning phase of this Project, staff would continue research to insure that proper clean-up measures are taken to remove any hazardous materials on the property; those measures are expected to be incorporated into any future rezoning staff- recommended conditions of approval. GENERAL PLAN ANALYSIS: Section 1.3 of the General Plan cites four findings that must be met when considering the granting of a General Plan amendment; they are: 1. That the amendment constitutes an overall improvement to the general plan and is not solely for the benefit of a particular land owner or owners at a particular point in time. The proposed amendment would facilitate the elimination of an abandoned commercial/quasi-light industrial use which is surrounded by medium to medium-high residential subdivisions. It would facilitate the conversion of this commercial"island"use to a comparable-density residential subdivision. 2. That the amendment is consistent with the vision, goals, and policies of the general plan. 'he amendment would strengthen the residential character of the surrounding neighborhood and would address .foal 1.2 of the General Plan: "Promote a compatible mix of land uses throughout the Oro Valley Planning Area." 3. That the general plan land use map does not provide appropriate optional sites for the use proposed in the amendment. There is only one other site designated for Medium High Residential Density within the Town and this parcel was recently zoned for low-density residential development. 4. That the amendment will not adversely impact the community as a whole, or a portion of the community without an acceptable means of mitigating these impacts through the subsequent zoning and development processes. The amendment will not adversely impact the community as a whole and any impacts associated with the removal of the existing structure, and its asbestos, is expected to be properly mitigated by conditions placed on the rezoning effort by staff, this Commission and the Town Council. In addition, due to the preponderance of senior citizen households in the surrounding subdivisions, it is expected that extra care will be taken, again, assured by conditions of approval placed on the rezoning action, to ameliorate any health hazards from fugitive dust,pollen or mold associated with the removal of native vegetation and the grading of the site. PLANNING COMMISSION ACTION: On December 2, 2003, the Planning and Zoning Commission voted unanimously(6—0)to recommend approval >f the General Plan Land Use Map amendment to Town Council. TOWN OF ORO VALLEY TOWN COUNCIL COMMUNICATION Page 4 of 4 RECOMMENDATION: It is recommended that the Town Council approve the General Plan map amendment changing these three parcels from Commerce Park (CP) to Medium High Density Residential (MHDR) because of the positive effects of the amendment as described above and because the density proposed would be consistent with the densities of the surrounding neighborhood. SUGGESTED MOTIONS: I move to approve Ordinance No. (0) 04°1OV11-03-01, Desert Sky General Plan Map Amendment. OR I move to approve Ordinance No. (0) 04 04 OV 11-03-01, Desert Sky General Plan Map Amendment with the following changes: OR I move to deny Ordinance No. (0) 04 04 OV11-03-01, Desert Sky General Plan Map Amendment based on the following findings: ATTACHMENTS: 1. Ordinance (0) 04-04 2. Location Map 3. Application letter Planni : A Zoni 0- Admini trator 7114.01 Co unity Developme t Services Director Town anager F:\OV\OV 11\2003\OV 11-03-01\Reports\TC Report.doc ORDINANCE NO. (0)04- 04 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE LAND USE MAP OF THE GENERAL PLAN BY CHANGING THE LAND USE DESIGNATION OF THREE PARCELS, TOTALING 8.35 ACRES OF LAND, FROM "CP", COMMERCE PARK TO "MHDR", MEDIUM HIGH DENSITY RESIDENTIAL, FOR PARCEL NUMBERS 224- 33-007A, 224-33-008A AND 224-33-011A LOCATED AT THE NORTHWEST CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD. WHEREAS, the three subject parcels are in single ownership and two of the parcels are undeveloped and one parcel is occupied by an abandoned commercial building; and WHEREAS, the three parcels are currently designated Commerce Park in the land use map of the General Plan and are zoned TP--Technology Park; and WHEREAS, the land surrounding the three parcels ("subject site") are developed in residential use and are zoned for residential use; and WHEREAS, the owner of the subject site wishes to demolish the abandoned commercial building and build single-family homes in a medium-high density subdivision on the subject site and cannot proceed with a subdivision plat until and unless the site is first designated as MHDR--Medium High Density Residential on the land use map of the General Plan, and second is rezoned to an appropriate R1-7 or R- 4 zoning district; and WHEREAS, the MHDR would be a compatible land use within the neighborhood context and the Planning and Zoning Commission, at a duly noticed public hearing on December 2, 2003, recommended approval of the General Plan amendment to the Town Council; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Council hereby adopts the General Plan land use map amendment, designating the three subject parcels as MHDR on the land use map. SECTION 2. The effective date of the General Plan land use map amendment shall be thirty days after the adoption of this ordinance by the Town Council. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of the ordinance or any part of the General Plan land use map amendment adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. That all ordinances and parts of ordinances in conflict herewith be repealed to the extent of such conflict. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 21st day of January. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Mark Langlitz, Town Attorney I I I I I I "/ t. 174 Right of Way Services SEP 2 9 2003 Oro Valley Planning Staff 11000 N. La Canada Drive Oro Valley, AZ 85737 Reference: Plan Amendment Narrative for Desert Sky Properties Dear Staff: The purpose of this request is to amend the portion of the General Plan that affects the following three (3) parcels: 224-33-007A, 224-33-008A, and 224-33-011 A. We are proposing to amend the General Plan from CP (Commerce Park)to MHDR (Medium- High Density Residential). This land use designation will support the use of single-family detached development and, in addition, allow 5.1 to 10 dwelling units per acre. The current zoning of these three parcels is TP (Technological Park). All three parcels contribute to a site size of 8.35 acres. The parcel 224-33-007A is currently developed and is used as a one-story commercial office space. The remaining two parcels are undeveloped. As requested per policy of the amendment proposal, we feel that the following findings can be met: 1. The amendment, in its entirety, constitutes a benefit to the Town; and, 2. The amendment is substantially consistent with the vision, goals, and policies of the General Plan;and, 3. The amendment proposes acceptable means for mitigating any adverse impact on the community. By developing for detached single-family residential use, the proposed land use will have, no severe impacts on the surrounding land uses. To the east of these parcels the zoning is R-6 (Multi-family Residential). The zoning north and west of these parcels is zoned as R-4 (Townhouse Residential) and to the south there are two zoning designators R-4 and R1-7 (Single-family Residential). This is a benefit to the community in that it is following the development patterns for the Town of Oro Valley and will not have any negative impacts to the surrounding uses since they are all currently residential. The vision for the Town of Oro Valley emphasizes the importance of having an improved community philosophy and a unique image for the future. The following are goals and how they are met through this proposed land use. The first goal stated in the plan encourages the preservation of the Sonoran Desert environment and scenic resources. The amendment will comply with Chapter 7 of the Town of Oro Valley Zoning Code, Randye K. Rabb, President, Broker 1575 East River Road, Suite 201 • Tucson, AZ 85718 • (520) 319-2106 • Fax: (520) 323-3326 Land Acquisition & Relocation Assistance • Archaeological & Environmental Survey & Mapping • Real Estate & Asset Management • Program & Construction Management terra Right of Way Services specifically Section 7-504-B.1 —6 in reference to open space requirements. Property Development Standards requires that thirty-five percent (35%)of net lot area will be designated as open space in order to protect environmentally sensitive areas. This is vital to the preservation of Oro Valley's natural Sonoran Desert environment and scenic resources. The second goal encourages the compatible mix of land uses. The proposed site location for residential development will be located near activity centers and an arterial road, thus reducing travel times. The location of higher density land uses, such as this development, needs to be near a major transportation corridor as stated in the policy described by the General Plan. This site is located just west of Oracle Road, which would support this policy. This will promote compatible land uses throughout the Oro Valley Planning Area. The third goal encourages joint land use planning and the shared use of facilities. The proposed residential development encourages more joint planning and strengthens an already existing relationship between the Town and Amphitheater Public School district. This supports the policies that are described under this goal. The fourth goal states that there will be no financial burden emplaced on those existing residents surrounding this site. By developing this site as residential, this will attract more residents and therefore will have no negative impacts on property values. The proposed amendment does not impose any adverse impacts on the community. The proposed land use will blend in with the surrounding land uses. The increased density of the land use and the location of the site will accommodate the goals as described in the Land Use Element of the plan. In conclusion, based on the findings for the plan amendment, there is evidence that this amendment will benefit the Town, remain consistent with the vision, goals, and policies of the plan, and will provide acceptable means for mitigating any adverse impacts on the community. The requested amendment of the Genera!Plan supports Oro Valley's vision for the future by protecting the integrity of the environment through high-density residential development and strengthening an already existing infrastructure by weld, planned and appropriate land uses. We hope that these findings will be sufficient in determining a decision for the plan • amendment. If you require further information please contact me at (520) 319-2106. Sincerely, Mark Castro, Planner Tierra Right of Way Services, Ltd. Randye K. Rabb, President, Broker 1575 East River Road, Suite 201 • Tucson, AZ 85718 • (520) 319-2106 • Fax: (520) 323-3326 Land Acquisition & Relocation Assistance • Archaeological & Environmental Survey & Mapping • Real Estate & Asset Management • Program & Construction Management AGENDA Page 1 of 3 • Town of Oro Valley, Arizom _ COUNCIL ACTION ON: AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JANUARY 21, 2004 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS CALL TO AUDIENCE 1. CONSENT AGENDA (APPROVED 5-0) (Consideration and/or possible action) A. Minutes—01/05/04 ; 01/07/04 ; 01/12/04 B. Building Safety Activity Report—December 2003 C. Coyote Run Monthly Activity Report—December 2003 D. Police Report—December 2003 E. Establishment of a new CIP Designer Position in the Department of Public Works and provide additional funding for the CIP Designer position(PULLED - TABLED UNTIL AFTER BUDGET SESSION - APPROVED, 5-0) F. Report on Status of Emergency Drilling of Well E-7A G. Resolution No. (R)04-03 Supplementing the revised Town Council Parliamentary Rules & Procedures and Code of Conduct of the Oro Valley Town Council by adding "Appendix B — Amended," referencing the clarification of the appointment process of Town of Oro Valley volunteers to Boards, Commissions, Committees, Advisory Boards, and Task Forces httn://www.ci.oro-valley_az_us/tnwnhall/MPPtincre/Crymit,;1ierfit—,mi')i nn n, AGENDA Page 2 of 3 (PULLED - ADOPTED, 4-1) H. Resolution No. (R)04-04 Accepting the amended Compensation and Benefits Study, and approving the use of the new Classification Plan and Pay Adjustments to the new salary range minimums, effective January 1, 2004 I. Resolution No. (R)04-05 Approving an amendment to the Town of Oro Valley 2003-2004 General Fund Budget authorizing an interest free $64,000 Inter-Fund Loan to the Storm Water Utility Fund to implement the Town of Oro Valley Storm Water Management Program 2.PUBLIC HEARING - ORDINANCE NO. (0)04- 01 EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA— NORTHERN AVENUE RIGHT-OF- WAY BETWEEN HARDY ROAD ON THE NORTH AND CAMINO CORTARO ON THE SOUTH (ADOPTED, 5-0) 3. PUBLIC HEARING—ORDINANCE NO. (0)04-02 RELATING TO SPEED LIMITS; AMENDING ORO VALLEY TOWN CODE SECTION 11-3-4 , "SPEED LIMITS" REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER (ADOPTED 5-0) 4. PUBLIC HEARING—ORDINANCE NO. (0)04-03 APPROVAL OF A ZONING AMENDMENT FOR A 76.5 ACRE PORTION OF A 79.5 ACRE PARCEL, CHANGING THE LAND USE DESIGNATION FROM MIXED USE (COMMERCIAL, MULTI-FAMILY RESIDENTIAL AND LOW- DENSITY RESIDENTIAL) TO SINGLE-FAMILY RESIDENTIAL AND CREATING NEW DEVELOPMENT STANDARDS FOR THIS SUB-AREA OF THE ROONEY RANCH PLANNED AREA DEVELOPMENT (MOTION TO CONTINUED THIS ITEM TO MARCH 7, 2004 PASSED, 4-1) 5. PUBLIC HEARING—ORDINANCE NO. (0)04-04 AMENDING THE LAND USE MAP OF THE GENERAL PLAN BY CHANGING THE LAND USE DESIGNATION OF THREE PARCELS, TOTALING 8.35 ACRES OF LAND, FROM "CP", COMMERCE PARK TO "MHDR", MEDIUM HIGH DENSITY RESIDENTIAL, FOR PARCEL NUMBERS 22433007A, 22433008A AND 22433011A LOCATED AT THE NORTHWEST CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD (ADOPTED, 5-0) 6. OV12-03-12 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN TO CONSTRUCT A 16,000 SQUARE FOOT CHURCH OF JESUS CHRIST LATTER-DAY SAINTS, LOCATED ON THE SOUTHEAST CORNER OF ARROWSMITH DRIVE AND WOODBURNE AVENUE, PARCEL #21953004E (APPROVED 5-0) TOWN MANAGER'S REPORT COUNCIL REPORTS 1,1-1-rx•/Rxr,,,,, ri nrn_vallav ar7 ne/tnmxmhall/1VfaPtincre/rnnnril/eprinn/n1')1na aerc.ricin artinn nl t)AI'nna AGENDA Page 3 of 3 DEPARTMENT REPORTS CALL TO AUDIENCE ADJOURNMENT Visitors - Mayor & Council -Town Departments - License & Permits - Recreation & Culture - Employment - Libra Public Safety -Transportation - Utility Services - Court Services - Emergency Services Site Index (text menu) HOME PAGE http://www.ci.oro-vallev.az.us/townhall/lVieetino-c/Cnirn ril/A ti n/111 7 1 nd P14 PI nil A 1 MINUTES ‘Pre ORO VALLEY TOWN COUNCIL REGULAR SESSION JANUARY 21,2004 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:03 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Werner Wolff, Vice Mayor Paula Abbott, Council Member Dick Johnson, Council Member Bart Rochman, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings and events. CALL TO AUDIENCE Helen Dankwerth, 11515 N. Flying Bird Drive, expressed concerns about the status of the Oro Valley Library and the lack of commitment from the City of Tucson and Pima County to continue the shared funding for the Library. She stated that rumors are out that Oro Valley failed to sign the agreement with the other entities which stipulated a shared cost and also that the Town placed "unreasonable demands" on the County seeking funding to cover the cost of landscaping in addition to salaries and maintenance. She also stated that the citizens should have been kept informed on the issues at hand and challenged the Council to issue a public report within the next two weeks explaining and updating the citizens on the issue. Ms. Dankwerth also addressed the hiring of a Town Fire Marshal and urged the Council not to hire a Fire Marshal until the issue of Town fire protection is settled and the need for a third Fire Marshal is unequivocally established. Kenneth Carter, 13550 N. Skywire Way, agreed with Ms. Dankwerth's comments regarding the Library and asked for a report. The following people spoke regarding the upcoming Little League season and expressed their concerns regarding the status of the restrooms, snack bar, and water availability at James D. Kriegh Park: Bill Nettling, 8021 N. Totavi Trail Shane France, 2640 W. Mountain Heights Court 01/21/04 Minutes,Council Regular Session 2 Debbie France, 2640 W. Mountain Heights Court Ginny Mote, 978 W. Eagle Look Lane J.C. Khawan, 10282 N. Cape Fear Lane Michael Sullivan, 9241 N. Rancho Verde Kevin Mattocks, 11000 N. La Canada Drive, read a letter into the public record addressed to the Mayor and Council stating that the Fraternal Order of Police (FOP) and the Oro Valley Police Officers Association (OVPOA)have worked together to create a list of pay and benefits issues they would like considered for this year's Meet and Confer meeting. The top priorities identified by the sworn officers and sergeants of the Department were identified as: Retire Benefits (medical, dental and vision),Pay Raises, Cost of Living Increase, Increase Contribution/Public Safety Retirement and Contract. He also requested that an official notification be given to both Officer Associations of the official "Meet and Confer"date. Richard Feinberg, 1451 E. Triton Place, reported that in August, 2003, the Development Review Board (DRB)voted to continue the Safeway Comprehensive Sign Package. He explained that since that meeting, Safeway has decided not to use the Comprehensive Sign Package and has submitted an application that meets the Town's Sign Code. He stated that if the sign package meets Code and is approved by staff, then there is no requirement for the package to go before the DRB or the Town Council for review if it is a single, stand-alone store. He asked that Council review the Sign Code and make changes by placing the review process back before the DRB and Town Council. In response to comments during the Call to Audience, Council Member Johnson stated. that he was at the County Board of Supervisor's offices yesterday(1/20/04) and things are moving ahead on the library issues. He stated that the Board of Supervisors has approved funding for the first two quarters in the same amount as approved in the original agreement. He also explained that the next six months funding is currently in negotiations and everyone is working diligently on making the agreement work and on getting everything"ironed out." He then asked that the Town Manager update the citizens. Town Manager Chuck Sweet reported that the Library opened in August 2002. He stated that the Library was operated in accordance with the Intergovernmental Agreement (IGA) with Pima County whereby they would pay 50% of the operational and maintenance costs of the Library. He explained that those funds come from a revenue source that property owners in Oro Valley pay to the "Free Library District Tax." He stated that based on the Town's assessed value, the citizens are paying approximately $700,000 in that tax annually. Mr. Sweet further explained that the IGA for fiscal year 2002/2003 asked for about $450,000- $480,000 for the first year of operation to be billed on a quarterly basis. However, it has been very hard to get paid as Pima County has questioned every expenditure even though they were agreed to in the IGA. He explained that some of the expenses included one-half of the landscaping and janitorial costs. 01/21/04 Minutes,Council Regular Session 3 Mr. Sweet further reported that Community Development Director Brent Sinclair started negotiations with Pima County for the new IGA in about April or May of 2003. From that time, the Town has been told many times that the IGA was coming but since July 1st, the library has been operating entirely on the Town's money. To date, the Town has not received any monies from Pima County for the current fiscal year. He then explained that Pima County has agreed through a continuing resolution, to pay the Town for the first two quarters (July 2003 —December 2003)based on last year's IGA. Mr. Sweet stated that the remaining two quarters still need to be worked out. He stated that they have been working diligently to resolve the issues. He also explained that they have looked at the possibility of reducing hours of operation for the library due to the fact that the Town has not received any monies. He also stated that he personally felt that the Town should get all $700,000 that the taxpayers have paid to operate that facility. (Oro Valley taxpayers have been paying the Free Library District Tax since 1986.) In response to a request from Council Member Johnson, Community Development Director Brent Sinclair updated the Council and citizens on the status of issues at James D. Kreigh Park. He explained that the park is about 30 years old and the septic system has collapsed. He stated that they have looked at all options and find that they must relocate the restrooms to an area that can be served by a new system. He stated that an architect and engineering firm have been hired and they hope that the plans will be ready to present to the Council in February. He reported that the costs will be over$100,000. He also explained that the water at the snack bar is connected to the same collapsed septic system and they are studying alternatives to get the water issues resolved. He stated that vthey know there is a time crunch and they are working hard to have the park ready for Little League season. Council Member Johnson asked that staff keep in contact with a representative from the CDO Little League to keep them apprised of the status of the park. In response to a question from Council Member Abbott, Mr. Sinclair explained that a water source can be made available in the park; however, the problem lies with the processing of the wastewater. Council Member Abbott requested that the Fire Marshal issue be placed on a future Council agenda for additional discussion and review. She also asked that an official date for the Meet and Confer meeting be set and forwarded to the FOP, the OVPOA, and the Town Council. 1. CONSENT AGENDA At the request of Council Member Abbott,Mayor Loomis pulled Consent Item G. At the request of Vice Mayor Wolff, Mayor Loomis also pulled Consent Item E. MOTION: Council Member Rochman MOVED to APPROVE the Consent Agenda with the exceptions of Item E and G. Council Member Johnson SECONDED the motion. Motion carried, 5 — 0. 01/21/04 Minutes,Council Regular Session 4 v A. Minutes— 01/05/04; 01/07/04; 01/12/04 B. Building Safety Activity Report—December 2003 C. Coyote Run Monthly Activity Report—December 2003 D. Police Report—December 2003 E. Establishment of a new CIP Designer Position in the Department of Public Works and provide additional funding for the CIP Designer position F. Report on Status of Emergency Drilling of Well E-7A G. Resolution No. (R)04-03 Supplementing the revised Town Council Parliamentary Rules & Procedures and Code of Conduct of the Oro Valley Town Council by adding "Appendix B —Amended,"referencing the clarification of the appointment process of Town of Oro Valley volunteers to Boards, Commissions, Committees, Advisory Boards, and Task Forces H. Resolution No. (R)04-04 Accepting the amended Compensation and Benefits Study, and approving the use of the new Classification Plan and Pay Adjustments to the new salary range minimums, effective January 1, 2004 I. Resolution No. (R)04-05 Approving an amendment to the Town of Oro Valley 2003-2004 General Fund Budget authorizing an interest free $64,000 Inter-Fund Loan to the Storm Water Utility Fund to implement the Town of Oro Valley Storm Water Management Program E. ESTABLISHMENT OF A NEW CIP DESIGNER POSITION IN THE DEPARTMENT OF PUBLIC WORKS AND PROVIDE ADDITIONAL FUNDING FOR THE CIP DESIGNER POSITION Town Engineer Bill Jansen reviewed the Council Communication and explained that they are requesting a new position in Public Works that would manage capital improvements projects. He stated that this would enable them to monitor and execute various capital improvements in a fast and responsive manner that come through Public Works but are not related to Highway Funds. He specifically referenced two projects approved in last year's budget-Office space for Building Inspectors in the lower level of the Administration Building and Records Expansion at the Police Department. He stated that these were estimated to be about $60,000 projects and now that they have been evaluated by an architect, the projects are coming in at $180,000 and $200,000. Mr. Jansen explained that the approval of a CIP Designer position would provide Public Works with the staff necessary to perform the initial scoping, cost estimating, architectural review, etc. of projects before they go to Council for review in the budget process. He also explained that the addition of this position would save a substantial amount of money in hiring outside engineering firms. Discussion followed regarding: • Request for additional personnel going through the normal budget process. • Would take approximately 3 months to get new person hired. • On many small projects, consultant fees end up costing the Town almost as much as the construction costs. • Overall, there is a staff shortfall, so projects are put on hold. 01/21/04 Minutes,Council Regular Session 5 • Mid year budget review is scheduled for February 9th • Wait until 2004/05 Budget to request CIP Planner. Do not want to "nickel and dime"the current budget. • 2004/05 CIP General Fund contains approximately one-half million dollars worth of projects. ■ Provide quantifiable data during the budget cycle supporting the decision to hire a CIP Planner. MOTION: Vice Mayor Wolff MOVED to TABLE this item until after the budget sessions. Council Member Johnson SECONDED the MOTION. Motion to TABLE carried, 5 —O. G. RESOLUTION NO. (R)04-03 SUPPLEMENTING THE REVISED TOWN COUNCIL PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT OF THE ORO VALLEY TOWN COUNCIL BY ADDING "APPENDIX B—AMENDED," REFERENCING THE CLARIFICATION OF THE APPOINTMENT PROCESS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES,ADVISORY BOARDS, AND TASK FORCES Council Member Abbott expressed concerns regarding the recommended changes in the terms of the appointees. She stated that all volunteers should go through the interview process regardless of whether they have served on a Board or Commission, etc. previously. She stated that competition is healthy and new perspectives and attitudes are brought into the working Boards which add value to the Town. She also stated that it should not become a casual process and asked that the original language be kept. She also commented that it seems that the new verbiage was binding future Council members to past appointees. Council Member Rochman stated that when a volunteer serves their first term,they are just beginning to "get their feet wet." Then during the second term, they can be called upon for their expertise. Mayor Loomis explained that the Government Review Task Force and the Town Council have previously reviewed and studied this item. At that time, the Council made the decision to allow the incumbent volunteer to request a second term without going through the formal interview process. Council Member Johnson agreed with Mayor Loomis and Council Member Rochman and further stated that the volunteers serve at the pleasure of the Council so a majority of the Council could change the makeup of the Board or Commission if needed. He also stated that an evaluation process has been established so the Board Members' or Commissioners' performance would be evaluated before they were reappointed which would "weed out"non-performers. 01/21/04 Minutes,Council Regular Session 6 MOTION: Council Member Johnson MOVED to ADOPT Resolution (R)04-03 which 111110 supplements the Town Council Parliamentary Rules and Code of Conduct with Appendix "B"Amended, clarifying the recently adopted appointment policies for all current Town of Oro Valley volunteers to Boards, Commissions, Committees,Advisory Boards and Task Forces. Vice Mayor Wolff SECONDED the motion. Motion carried, 4— 1,with Council Member Abbott opposed. 2. PUBLIC HEARING - ORDINANCE NO. (0)04-01 EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO,BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA — NORTHERN AVENUE RIGHT-OF-WAY BETWEEN HARDY ROAD ON THE NORTH AND CAMINO CORTARO ON THE SOUTH Town Engineer Bill Jansen explained that the adoption of this ordinance would annex that portion of the Northern Avenue right-of-way between Hardy Road on the north and Camino Cortaro on the south. He stated that when the annexation of Area "A" failed, this portion of the road stayed in Pima County's jurisdiction while the roadway both north and south of this section lies within the Town of Oro Valley. This has caused confusion as to who maintains that portion of Northern Avenue. He further explained that Arizona State Law contains a provision which allows annexation of"a county right-of-way or roadway with no taxable real value"by mutual consent. Mr. Jansen reported that the Pima County Transportation Director has concurred with the Town's request to annex the "island"portion (Northern Avenue right-of-way between Hardy Road on the north and Camino Cortaro on the south.) Therefore, if the Town Council adopts Ordinance (0)04- 01, the item will go before the Pima County Board of Supervisors for their approval. Discussion followed regarding the benefits of annexing this right-of-way: ■ Why not adopt an Intergovernmental Agreement (IGA) with the County? • Annexation is the cleanest way to accomplish the task. • Annexation would straighten out this section of the Town's boundaries. • HURF funds are based on population and not on miles of roads. ■ Annexation may possibly save money as an IGA may cost more in staff time trying to collect monies from the County. • Town does much better job maintaining its roads. Response would be faster. • If not in Town boundaries, the Town can not set speed limits or add traffic control measures to that portion of Northern Avenue. • Enforcement is confusing between the Town's Police Department and Pima County's Sheriff Department. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. 01/21/04 Minutes,Council Regular Session 7 n9OTION: Council Member Abbott MOVED to ADOPT Ordinance (0)04-01, annexing that portion of the Northern Avenue right-of-way between Hardy Road on the north and Camino Cortaro on the south. Vice Mayor Wolff SECONDED the motion. Motion carried, 5 —0. Mayor Loomis recessed the meeting at 8:10. The meeting resumed at 8:17 p.m. 3. PUBLIC HEARING — ORDINANCE NO. (0)04-02 RELATING TO SPEED LIMITS; AMENDING ORO VALLEY TOWN CODE SECTION 11-3-4, "SPEED LIMITS" REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Town Engineer Bill Jansen explained that the adoption of this ordinance would designate a 35 mile per hour speed limit for Innovation Park Drive (formerly known as Vistoso Commerce Loop)between Rancho Vistoso Boulevard and Tangerine Road (Default Speed Ordinance is 25 m.p.h.) He explained that this section of road will be classified as a minor arterial street and will service a commercial/industrial and hospital area. If the Council approves the 35 miles per hour speed limit, this road would be consistent with other minor arterial streets of the same type in Town. In response to questions from Council Member Rochman and Vice Mayor Wolff, Mr. Jansen explained that the actual design speed of the curves on this section is 45 m.p.h.; however, you never set the speed limit at the design speed. Also, each road is designed and addressed by its own conditions. Mr. Jansen also explained that the first portion of Innovation Park Drive was installed by Vistoso Partners and the second portion is being installed per an agreement with Vistoso Partners and Northwest Hospital. The Town is not paying anything for this road improvement. Council Member Johnson commented that speed limits, safety issues, etc. should be addressed by the Town's trained staff. He asked that staff look at a change to the Town Code that would change the procedures for setting speed limits in the Town. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Abbott MOVED to ADOPT Ordinance (0)04-02, relating to speed limits; Amending Oro Valley Town Code Section 11-3-4, "Speed Limits." Council Member Rochman SECONDED the motion. Motion carried, 5 —O. 4. PUBLIC HEARING — ORDINANCE NO. (0)04-03 APPROVAL OF A ZONING AMENDMENT FOR A 76.5 ACRE PORTION OF A 79.5 ACRE PARCEL, CHANGING THE LAND USE DESIGNATION FROM MIXED USE (COMMERCIAL, MULTI-FAMILY RESIDENTIAL AND LOW-DENSITY RESIDENTIAL) TO SINGLE-FAMILY RESIDENTIAL AND CREATING NEW 01/21/04 Minutes,Council Regular Session 8 DEVELOPMENT STANDARDS FOR THIS SUB-AREA OF THE ROONEY %11110 RANCH PLANNED AREA DEVELOPMENT Community Development Director Brent Sinclair reported that in February 1989 the Town Council rezoned this property from R1-144 to Planned Area Development (Rooney Ranch Oro Valley Center Planned Area Development (PAD). He explained that CDO Partners is asking to remove 76.5 acres of land from the Rooney Ranch PAD Sub-Area A and designate this land as a new "Area Z." Mr. Sinclair reported that this would include a rezoning from mixed use to single-family residential. The Area Z proposal is accompanied by a Tentative Development Plan (TDP) that proposes a subdivision of single-family detached homes on 152 lots. He explained that staff supports the single- family development but there are issues with the TDP for non-conformance with the Zoning Code. Therefore; staff has developed conditions that are designed to address potential impacts and bring the project into compliance with the Zoning Code Revised. Planning and Zoning Administrator Bryant Nodine reviewed an overhead of the site and proposed project. He explained that the current PAD provides for a mix of multi-family, single-family and commercial uses with open space recreational areas. Mr.Nodine stated that unresolved issues include encroachment into the flood plain and encroachment into 25% slope areas. He also reported that the proposed plan meets General Plan conformity with the land use (both current and proposed plans.) However,there are issues with General Plan policies related to treatment of slopes, flood plain, and transportation. Mr.Nodine further explained that in many ways, the proposed plan complies with the Zoning Code but there are a few areas that do not currently comply(25% slope encroachment plus 15 feet or more of cut and fill.) He also stated that the original PAD allowed administrative changes to the TDP without going through the Planning and Zoning Commission and Town Council. Mr. Nodine stated the Zoning Code allows administrative changes now but it places restrictions and provisions on the action (primary items are: no increase in the number of lots,no significant change in the drainage pattern, and no change in use.) He explained that the applicant has been working with the Town Attorney on revising the wording so currently the only item of concern to Planning and Zoning is increasing the number of lots as an administrative change.) Mr. Nodine then reviewed the main issues of the proposed Project: • Project review in terms of significant changes to the TDP and how it needs to be treated. • 25% slope treatment (approximately 3 acres that are affected) - Areas that could be developed because of encroachment into the 25% slope area and the additional cut and fill. Direction by Council per Code is to not allow this encroachment and additional grading. Staff is recommending that the conditions proposed in Exhibit"A"be adopted as they address the review criteria as set out in the current Code and they address the 25%slopes and the grading cuts and fills. 01/21/04 Minutes,Council Regular Session 9 Town Engineer Bill Jansen addressed floodplain issues. He explained that floodplain issues are being addressed with Pima County Flood Control District. A protective levee would be installed which would take the lots out of the floodplain. He explained that the project would require an adjustment to the flood map by FEMA and a Conditional Letter of Map Revision (CLOMAR). Several other issues of concern to Pima County are being addressed by the applicant with the County. Mr. Jansen addressed traffic circulation in the project and the connection of the proposed project to the north. He explained that two different scenarios have been reviewed. The first is the "Island Scenario"would provide that there be no access to the north so there is no connection to the Kai-Capri property. The second which is the preference of Public Works, is a "Collector Cross-Access Scenario"which would provide a collector street through the parcel that would provide a connection from the Lambert Lane-First Avenue intersection through the Kai-Capri property to Palisades Road. Driveways would not be permitted to connect directly to the collector road. The public could access down that collector street and access Lambert Lane and it would keep a lot of turning movements off of First Avenue. Mr. Jansen stated that what ever is done in the area, it will greatly impact the entire area in the future as it fully develops. Mr. Sinclair summarized the issues: ■ Land Use change from mixed use to residential is supported by staff and is in conformance with the General Plan. • Issues have to do with the Tentative Development Plan. Therefore, conditions have been offered that would resolve said issues. Further discussion followed regarding: • Collector road through the neighborhood verses no road. If we allow cut-through traffic, then it should be designed for the traffic and not just a residential street or don't put one in at all. • May want to direct traffic to First Avenue as the collector and a secondary street that would feed into Oracle Road and Tangerine Road since many improvements are coming forth to First Avenue and the First Avenue/Oracle Road Intersection. ■ Concerns with number of traffic lights that would have to be installed along First Avenue if all roads are directed onto First Avenue. ■ Concerns about how east side of First Avenue will be developed in the future. ■ Once Pusch View Lane extension is completed,traffic down Lambert Lane to First Avenue will significantly decrease. • Establish an easement or stub-out for access off this site to a possible future road connection to Naranja Road. ■ If zoning change is not approved, the potential for apartments on this PAD would be approximately 8 acres with 12 units per acre, so about 100 apartment units could be built. 20—25 acres could be Commercial with about 20 acres of single- family residential. • Consider best interests of the citizens and the Town. 01/21/04 Minutes,Council Regular Session 10 Blake Hastings, Canada Del Oro (CDO)Partners, explained that the current PAD would allow them to construct 50-60 single-family residents, 22 acres of Commercial, and 355 apartments. He explained that they are asking for a down-zoning. This decision was made after the General Plan process had taken place to see what the constituency wanted in this area. Keri Sylvan, Lewis and Roca, representing CDO Partners, reviewed aerial photographs of the site. She stated that they are asking for a two-thirds reduction in density to allow approximately 152 single-family homes. She explained that they are preserving 40% of the gross land area of the development for Open Space (Code currently requires 20%.) She explained that there would be a trail with public access and four recreation areas connected by sidewalks or trails. Ms. Sylvan then reviewed sample slope treatments, grading, and a visual analysis of said treatments and stated that there is precedent in the Town for allowing grading into 25% slopes and allowing cuts and fills of over 15 feet. She explained that all the Rancho Vistoso PAD mitigation criteria have been incorporated into to their PAD document for this property. Ms. Sylvan explained that regarding the circulation issues, they are comfortable with deleting the connection to the property to the north. She then addressed the conditions in Exhibit "A" and stated that since the Planning and Zoning Commission's meeting, two new conditions have been added. She stated that they need to work with staff on these conditions. Ms. Sylvan presented a matrix describing compliance with the Zoning Code Revised, 10-307, as it relates to the General Plan requirements. She stated that they believe their plan in its entirety meets 86% of the criteria listed in 10-307 and Code requires a minimum of 80%. Ms. Sylvan then addressed the seventeen conditions in Exhibit "A" as recommended by staff and the Commission. She stated that they are requesting that: • Conditions 1 and 13c (formerly 12c)be removed so they can do some limited 15 foot cuts and fills and be able to grade into only the 3.2 acres of the 25% slopes. • Condition 3 be removed (collector street.) • Condition 11 (new condition)be modified as three easements being requested are on property not subject to this PAD amendment. • Condition 7 be deleted - restricted access of 3 acres of commercial not subject to this PAD amendment. • Condition 13d (formerly 12d)—Section H. Addressed "significant change"in the Preliminary Plat Conformance with the PAD and Tentative Development Plan (TDP) - recommended wording changes. • Condition 17 be deleted. Ms. Sylvan commented that they would be comfortable with a continuance of this item to the April 7th Town Council meeting if the Council so desired. She stated that this would allow them time to meet with staff on the conditions. She stated that they would also appreciate some direction on the circulation and grading issues. 01/21/04 Minutes,Council Regular Session 11 In response to a question from Council Member Abbott, Ms. Sylvan stated that the current PAD Standards do not allow grading into 15% or greater slopes. In response to a question from Council Member Rochman,Ms. Sylvan explained that in order for the property owner (Mr.Hastings) to see the return that he needs to see (with the substantial costs required to complete the bank protection and bring in the fill that is required,)he needs to be able to yield at least 150 lots. The only way to get 150 lots is to be able to grade into the 3.2 acres of 25% slopes. Mayor Loomis recessed the meeting at 9:32 p.m. The meeting resumed at 9:40 p.m. Mayor Loomis opened the public hearing. The following citizens spoke in support of the rezoning to single-family residential citing reasons as: rezoning is in line with proposed General Plan,want to see low density-not mixed use with apartments, rezoning will bring better product, traffic is already bad on First Avenue so to bring in commercial, apartments, etc. would make it much worse. Sue Fry, 10929 N. First Avenue Kathryn Mercer, 10985 N. First Avenue Richard Feinberg, 1451 E. Triton, stated that a continuance would provide more time to look at a north/south street through the property. 11010 Nancy Martin, 11780 N. Via de la Verbinta, requested that the item be continued stating that all the homework has not been done; the entire area needs to be looked at and the homes in the floodplain need to be studied more. Bill Adler, 10720 N. Eagle Eye Place, expressed concerns regarding the applicants request for flexibility and leniency in the lot size, lot layout, grading, floodplain reconstruction, and wash diversion. He stated that if the Town waives and exempts compliance and conformance, then we do not have a Code. Art Segal, 10418 N. Bighorn Butte Drive, spoke on behalf of Blake Hastings stating that he was an honorable and well intentioned man. He stated that Mr. Hastings would develop a project that the Town would be proud of. Mayor Loomis closed the public hearing. Further discussion followed regarding: Possible continuation of the item: o To allow time to study traffic issues-look at easement/stub-out for possible future connection to Naranja Drive. Get rid of collector street concept. o Would like the number of apartments that would be allowed under the current zoning. o Direction that the project be single-family detached homes. o Include identification of the maximum number of lots on the property. 01/21/04 Minutes,Council Regular Session 12 o Include identification of the maximum amount of slopes that would be impacted. o Include a review and walk-thru of all the conditions with respect to "does the condition make sense with the property being single-family detached homes. o Be sure that all roadway impacts by First Avenue improvements. o For planning purposes, the Kai property development would be in accordance with the land use map in the proposed General Plan. o Consideration of sidewalks throughout the development. o Building heights on the perimeter and on top of the hill would be limited to 18 feet, single story homes. o Looking for letter from School District (Policy 1.3D). o Provide information for Pima County's review - Hydrology Report, Sediment Transport Analysis. o 404 encroachment issues and bank protection for fill area. o Look at percentage discrepancies for compliance for sections 10-307 and 10-308. o Bike and pedestrian safety issues. • Item is a Tentative Development Plan. Many issues will be addressed during the Development Plan and Preliminary Plat phases. • Commend applicant for requesting a down-zoning on the property. MOTION: Vice Mayor Wolff MOVED to CONTINUE Ordinance (0)04-03, OV9-03- 03 to the first meeting in March with the direction that this be single-family detached residences for this property,no collector road shall be included in the development, applicant should be permitted to grade into the limited amount (3+ acres) of 25% slopes as currently proposed as long as all of the mitigation standards and requirements contained in the Oro Valley Town Center Project and the Rancho Vistoso Guidelines are included in the PAD amendment. Council Member Johnson SECONDED the motion. DISCUSSION followed regarding the date of continuance. Mayor Loomis also asked that they bring back the maximum number of lots being proposed and the maximum area that is going to be allowed to be impacted by the grading. AMENDMENT TO THE MOTION: Vice Mayor Wolff and Council Member Johnson agreed to CONTINUE the item to the April 7, 2004 Council Meeting. MOTION AS AMENDED CARRIED, 4— 1,with Council Member Abbott opposed. Mayor Loomis recessed the meeting at 10:15. The meeting resumed at 10:20 p.m. 5. PUBLIC HEARING — ORDINANCE NO. (0)04-04 AMENDING THE LAND USE MAP OF THE GENERAL PLAN BY CHANGING THE LAND USE DESIGNATION OF THREE PARCELS, TOTALING 8.35 ACRES OF LAND, FROM "CP", COMMERCE PARK TO "MHDR", MEDIUM HIGH DENSITY RESIDENTIAL, FOR PARCEL NUMBERS 22433007A,22433008A AND 01/21/04 Minutes, Council Regular Session 13 2243301IA LOCATED AT THE NORTHWEST CORNER OF DESERT SKY v ROAD AND VALLE DEL ORO ROAD Community Development Director Brent Sinclair reviewed an overhead map of the site located at the northwest corner of Desert Sky Road and Valle del Oro Road (former Newmont Mining Building) and explained that the owner, DC Investments, is requesting an amendment to the General Plan map (CP-Commerce Park to MHDR-Medium High Density Residential.) He explained that the applicant is seeking a General Plan amendment to facilitate a rezoning of the property to allow construction of 50 to 65 single-family detached homes. (The site is currently zoned TP-Technology Park.) He reported that most of the property around the site is already developed with the areas to the north, south and west designated as MHDR and the property to the east designated Commercial (apartments.) Mr. Sinclair further reported that the Planning and Zoning Commission voted to recommend approval of the General Plan Land Use Map amendment to the Town Council at their December 2, 2003 meeting. In response to a question from Council Member Abbott, Mr. Sinclair explained that a Phase I Environmental Site Assessment and Limited Asbestos Survey were conducted on the site in 1996. He explained that during the rezoning phase,proper clean-up measures would be taken to remove any hazardous materials to the property. Mark Castro, Tierra Right of Way Services, representing the applicants,D.C. Investments, reviewed the surrounding land use map and a preliminary concept plan. He then reviewed the Four Findings that must be met when granting a General Plan amendment: 1) Amendment constitutes an overall improvement to the Genera Plan and is not solely for the benefit of a particular land owner or owners at a particular point in time; 2) Amendment is consistent with the vision , goals and policies of the General Plan; 3) The General Plan Land Use Map does not provide appropriate optional sites for the use proposed in the amendment; and 4) The amendment will not adversely impact the community as a whole, or a portion of the community without an acceptable means of mitigating these impacts through the subsequent zoning and development processes. In response to a question from Council Member Abbott,Mr. Castro explained that their current concept plan is proposing 53 lots. Mayor Loomis opened the public hearing. Carol Perell, 137 E. Horizon Circle, stated that she was in favor of the General Plan amendment; however, she was concerned with the extra traffic that would be added to the streets in the area and asked that the amount of homes be kept to no more than 50— 53 homes. Richard Feinberg, 1451 E. Triton Place, expressed concerns with the proposed General Plan amendment stating that the change would eliminate another section of Commerce 01/21/04 Minutes,Council Regular Session 14 Park land in the Town. He stated that Business Park and its development encourages light manufacturing, professional offices and related uses and employees higher-paid employees. He stated that the lots and homes are very small and he felt that this type of development was detrimental to Oro Valley (impacts to schools,roads, not vision of the General Plan.) Bill Adler, 10720 N. Eagle Eye Place, addressed the Four Findings of Fact and stated that this proposal meets all four findings and so disproves the discussion in the past that the four findings can not be met. He stated that the Four Findings need to be maintained in the new General Plan. He also commented that he would like to avoid another"cookie cutter" type of project and suggested that the zoning be changed to Medium Density with a maximum of 2 — 3 units per acre rather than Medium High Density. This would provide more space and possibly a higher quality of life for the new residents of the area. Mayor Loomis closed the public hearing. MOTION: Council Member Johnson MOVED to APPROVE Ordinance (0)04-04, OV 11-03-01,Desert Sky General Plan Map Amendment. Council Member Abbott SECONDED the motion. DISCUSSION: In response to comments from Mayor Loomis,Mr. Sinclair agreed that the next lower density would be Medium Density Residential with a maximum of five units per acre. The surrounding developments have apartments, R-4 and R-17 zoning; 110 therefore, their proposal is consistent with the surrounding areas. AMENDMENT TO THE MOTION: At the request of Mayor Loomis, Council Member Johnson and Council Member Abbott agreed to the removal of the fourth "Whereas"paragraph in the Ordinance as proposed. MOTION AS AMENDED, CARRIED, 5 — 0. 6. OVI2-03-12 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN TO CONSTRUCT A 16,000 SQUARE FOOT CHURCH OF JESUS CHRIST LATTER-DAY SAINTS, LOCATED ON THE SOUTHEAST CORNER OF ARROWSMITH DRIVE AND WOODBURNE AVENUE,PARCEL #21953004E Community Development Director Brent Sinclair reviewed an overhead of the development plan and project location and explained that the Church of Jesus Christ Latter-Day Saints is requesting approval of a development plan for a church facility. The project is located on a 4.47 acre site with existing zoning of Planned Area Development (PAD) and Rancho Vistoso land use designation of medium high density residential. He explained that under the Rancho Vistoso PAD, churches are a permitted use in this land use classification. The proposed church building will be 16,000 square feet, containing the sanctuary, multi-purpose room, classrooms and office space. 01/21/04 Minutes,Council Regular Session 15 Mr. Sinclair further explained that the PAD requires that 10% of the gross area be open 114110 space; however, the applicant is providing 44% open space on the site. He then stated that the Development Review Board has recommended that the Town Council approve the Development Plan for the Church. Mark Bollard, 3936 E. Fort Lowell, Swaim Associates, representing the applicants, stated that they have worked very closely with the Town Staff. He also stated that they have met with the surrounding neighbors and the Rancho Vistoso Community Association and they feel the proposed plan is sensitive to the neighborhood. MOTION: Council Member Abbott MOVED to APPROVE OV12-03-12, Development Plan for the Church of Jesus Christ Later-Day Saints. Council Member Rochman SECONDED the motion. DISCUSSION: Council Member Abbott thanked the applicant for meeting or exceeding the requirements for open space and parking. MOTION CARRIED, 5 -0. TOWN MANAGER'S REPORT—No report. COUNCIL REPORTS Council Member Johnson stated that he attended the Pima County Board of Supervisor's meeting on Tuesday. He stated that not only did the Board agree to extend the Intergovernmental Agreement on the Library but they also have agreed to include the Town's $9.6 million in the upcoming Bond Election to be held on May 11th Mayor Loomis reported that the Pima Association of Governments would be holding their Regional Assembly meeting on Friday, January 23ra DEPARTMENT REPORTS -No reports. CALL TO AUDIENCE Helen Dankwerth, 11515 N. Flying Bird Drive, stated that her earlier statements in Call to Audience were not allegations on her part but were in response to rumors heard from the Library staff and direct comments made by Supervisor Ann Day. She asked again that any information and specific steps to be taken regarding the library be made public. ADJOURNMENT MOTION: Council Member Johnson MOVED to ADJOURN at 10:55 p.m. Council Member Rochman SECONDED the motion. Motion carried, 5 —O. 01/21/04 Minutes,Council Regular Session 16 Respectfully submitted, Roxana Garrity, CMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the _21 st_ day of January 2004. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of Zt-e' ,2004. Kat n E. Cuvelier, CMC Town Clerk JP�LEY qRi� TOWN OF ORO VALLEY 0- 07 COMMUNITY DEVELOPMENT DEPARTMENT Planning and Zoning • Building Safety 4 0. 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 A 10, Oro Valley Public Library A 1305 W.Naranja Drive,Oro Valley,AZ 85737• (520)229-5300•Fax(520)229-5319 ►� Parks and Recreation OUNJDED\2 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 January 27, 2004 Mark Castro Cheryl Hall Tierra Right of Way Services 1575 East River Road, Suite 201 Tucson,AZ 85718 Fax: 520. 323-3326 RE: OV11-03-01; Town Council action of January 21, 2004 on the Desert Sky Road General Plan Amendment submittal for Parcel Nos. 224-33-007A, 224-33-008A, and 224-33-011A. Dear Mark and Cheryl: On January 21, 2004, the Town of Oro Valley Town Council voted unanimously(5 —0)to approve the attached Ordinance No. (0) 04-04, approving the General Plan Amendment request for the above-referenced properties. The next step in the process is for you to submit an application for a zoning map amendment; changing the zoning designation from TP-Technology Park to one permitted by the General Plan MHDR land use designation. The MHDR land use designation would allow from 5 to 10 dwelling units per acre which would be allowed within an R1-7 district(allowing 6 units per acre)or an R-4 district (allowing 8 units per acre). Also, for the benefit of interested neighbors to the property,please state on your application what the maximum building height you seek as well as whether or not you wish to allow two story structures within your proposed subdivision. Please also describe in your application the measures you intend to take to avoid adverse air quality impacts to neighbors during demolition of structures on the property as well as during vegetation and soil disturbance activities on-site. Neighbors are also concerned with pest control measures associated with ground and vegetation clearance activities during site preparation. If mitigation measures are not included as part of your application, staff can be expected to include such measures as conditions of approval of the rezoning. The rezoning application must contain all of the items described in Section 3-104. A rezoning application packet is attached for your review, along with some related application review process flowcharts. Please note that the owner(s) of the property must sign the application per Section 3-103 of the Oro Valley Zoning Code Revised (OVZCR) and the owner(s)must sign a letter designating your firm as his/their agent and representative. We will also need the owner to www.townoforovalley.com January 27, 2004 Mark Castro OV11-03-01,Desert Sky General Plan Amendment Page 2 of 2 sign the agency"Notice" form contain within the packet; this is to be completed and included with your submittal. I include for your review the Town's"standard conditions" for non- Planned Area Development(PAD)rezoning actions which you can expect will be applied to your application. Please feel free to call me if you have any questions about the Commission's action or the Town Council hearing; I can be reached at 229-4814 or smontana@orovalley.net. Sincerely, 51U4-e(A"—e'- Susana Montana,Planner II Attachments 1. General Plan Amendment Ordinance (0)04-04 2. Rezoning Application Packet 3. Assorted Review Process Flowcharts 4. Standard Conditions for rezonings C(without attachments): TOV: Shirley Gay,Bryant Nodine,Bayer Vella Chris Phillips,D&C Investments Co.,Fax: 520.320-5532 F:\OV\OV11\2003\OV11-03-01\Correspondence\Jan TC action ltr.doc JAN 2 6 2004 ORDINANCE NO. (0)04-04 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE LAND USE MAP OF THE GENERAL PLAN BY CHANGING THE LAND USE DESIGNATION OF THREE PARCELS, TOTALING 8.35 ACRES OF LAND, FROM "CP", COMMERCE PARK TO "MHDR", MEDIUM HIGH DENSITY RESIDENTIAL, FOR PARCEL NUMBERS 224- 33-007A, 224-33-008A AND 224-33-011A LOCATED AT THE NORTHWEST CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD. WHEREAS, the three subject parcels are in single ownership and two of the parcels are undeveloped and one parcel is occupied by an abandoned commercial building; and WHEREAS, the three parcels are currently designated Commerce Park in the land use map of the General Plan and are zoned TP--Technology Park; and WHEREAS, the land surrounding the three parcels ("subject site") are developed in residential use and are zoned for residential use; and • WHEREAS, the MHDR would be a compatible land use within the neighborhood context and the Planning and Zoning Commission, at a duly noticed public hearing on December 2, 2003,recommended approval of the General Plan amendment to the Town Council; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Council hereby adopts the General Plan land use map amendment, designating the three subject parcels as MHDR on the land use map. SECTION 2. The effective date of the General Plan land use map amendment shall be thirty days after the adoption of this ordinance by the Town Council. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of the ordinance or any part of the General Plan land use map amendment adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. That all ordinances and parts of ordinances in conflict herewith be repealed to the extent of such conflict. (0)04-04 p.2 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 21st day of January. Paul H. 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